Hazardous Products Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections338

• 1Short title

  This Act may be cited as the Hazardous Products Act.

• 2Definitions

  In this Act,

• 2[p2]Repealed

  advertise[Repealed, 2010, c. 21, s. 72]

• 2[p3]

  analyst means an individual designated as an analyst under subsection 21(1); (analyste)

• 2[p4]

  container includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle but does not include a storage tank; (contenant)

• 2[p5]Repealed

  controlled product[Repealed, 2010, c. 21, s. 72]

• 2[p6]Repealed

  controlled product or hazardous product[Repealed, 2014, c. 20, s. 111]

• 2[p7]

  document means anything on which information that is capable of being understood by an individual or being read by a computer or other device is recorded or marked; (document)

• 2[p8]

  hazardous product means any product, mixture, material or substance that is classified in accordance with the regulations made under subsection 15(1) in a category or subcategory of a hazard class listed in Schedule 2; (produit dangereux)

• 2[p9]

  import means to import into Canada; (importer)

• 2[p10]

  inspector means an individual designated as an inspector under subsection 21(1); (inspecteur)

• 2[p11]

  label means a group of written, printed or graphic information elements that relate to a hazardous product, which group is designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged; (étiquette)

• 2[p12]

  manufactured article means any article that is formed to a specific shape or design during manufacture, the intended use of which when in that form is dependent in whole or in part on its shape or design, and that, when being installed, if the intended use of the article requires it to be installed, and under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product; (article manufacturé)

• 2[p13]

  Minister means the Minister of Health; (ministre)

• 2[p14]

  mixture means a combination of, or a solution that is composed of, two or more ingredients that, when they are combined, do not react with each other, but excludes any such combination or solution that is a substance; (mélange)

• 2[p15]

  person means an individual or an organization as defined in section 2 of the Criminal Code; (personne)

• 2[p16]

  prescribed, for the purposes of Part II, means prescribed by regulations made under subsection 15(1), and, for the purposes of Part III, means prescribed by regulations made under section 27; (Version anglaise seulement)

• 2[p17]Repealed

  prohibited product[Repealed, 2010, c. 21, s. 72]

• 2[p18]Repealed

  restricted product[Repealed, 2010, c. 21, s. 72]

• 2[p19]

  review officer means an individual designated as a review officer under section 26.2; (réviseur)

• 2[p20]

  safety data sheet means a document that contains, under the headings that, by virtue of the regulations made under subsection 15(1), are required to appear in the document, information about a hazardous product, including information related to the hazards associated with any use, handling or storage of the hazardous product in a work place; (fiche de données de sécurité)

• 2[p21]

  sell includes

• 2[p21](a)

  offer for sale or distribution, expose for sale or distribution, have in possession for sale or distribution or distribute — whether for consideration or not — to one or more recipients, and

• 2[p21](b)

  make any transfer of possession that creates a bailment or, in Quebec, make any transfer of possession of a movable, for a specific purpose, without transferring ownership, and with the obligation to deliver the movable to a specified person or to return it, such as a transfer by means of a deposit, a lease, a pledge, a loan for use or a contract of carriage; (vendre)

• 2[p24]

  substance means any chemical element or chemical compound — that is in its natural state or that is obtained by a production process — whether alone or together with

• 2[p24](a)

  any additive that is necessary to preserve the stability of the chemical element or chemical compound,

• 2[p24](b)

  any solvent that is necessary to preserve the stability or composition of the chemical element or chemical compound, or

• 2[p24](c)

  any impurity that is derived from the production process; (substance)

• 2[p28]

  supplier means a person who, in the course of business, sells or imports a hazardous product; (fournisseur)

• 2[p29]

  work place has the meaning assigned by regulations made under subsection 15(1). (lieu de travail)

• 3Repealed

  [Repealed, 2010, c. 21, s. 73]

• 4Repealed

  [Repealed, 2010, c. 21, s. 73]

• 5Repealed

  [Repealed, 2010, c. 21, s. 73]

• 5.1Repealed

  [Repealed, 2010, c. 21, s. 73]

• 6Repealed

  [Repealed, 2010, c. 21, s. 73]

• 7Repealed

  [Repealed, 2010, c. 21, s. 73]

• 8Repealed

  [Repealed, 2010, c. 21, s. 73]

• 9Repealed

  [Repealed, 2010, c. 21, s. 73]

• 10Repealed

  [Repealed, 2010, c. 21, s. 73]

• 11Repealed

  [Repealed, 2014, c. 20, s. 112]

• 12Restrictions on application

  This Part does not apply in respect of the sale or importation of any

• 12(a) to (c)Repealed

  [Repealed, 2014, c. 20, s. 113]

• 12(d)

  nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive;

• 12(e)

  hazardous waste, being a hazardous product that is sold for recycling or recovery or is intended for disposal;

• 12(f) and (g)Repealed

  [Repealed, 2014, c. 20, s. 113]

• 12(h)

  tobacco or a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act;

• 12(i)

  manufactured article; or

• 12(j)

  anything listed in Schedule 1.

• 13Prohibition re sale
• 13(1)

  Subject to the Hazardous Materials Information Review Act, no supplier shall sell a hazardous product that is intended for use, handling or storage in a work place in Canada unless

• 13(1)(a)

  the supplier has in their possession a safety data sheet for the hazardous product that meets the requirements set out in the regulations made under subsection 15(1);

• 13(1)(a.1)

  on the sale of the hazardous product to any person or government, the supplier provides to the person or government the safety data sheet referred to in paragraph (a), or causes it to be provided, if on that sale the person or government acquires possession or ownership of that hazardous product; and

• 13(1)(b)

  the hazardous product or the container in which the hazardous product is packaged has a label that meets the requirements set out in the regulations made under subsection 15(1) affixed to it, printed on it or attached to it in a manner that meets the requirements set out in the regulations made under that subsection.

• 13(2)Definition of government

  In this section, government means any of the following or their institutions:

• 13(2)(a)

  the federal government;

• 13(2)(b)

  a corporation named in Schedule III to the Financial Administration Act;

• 13(2)(c)

  a provincial government or a public body established under an Act of the legislature of a province; and

• 13(2)(d)

  an aboriginal government as defined in subsection 13(3) of the Access to Information Act.

• 14Prohibition re importation

  Subject to the Hazardous Materials Information Review Act, no supplier shall import a hazardous product that is intended for use, handling or storage in a work place in Canada unless

• 14(a)

  the supplier obtains or prepares, on or before the importation of the hazardous product, a safety data sheet for the hazardous product that meets the requirements set out in the regulations made under subsection 15(1); and

• 14(b)

  the hazardous product or the container in which the hazardous product is packaged has a label that meets the requirements set out in the regulations made under subsection 15(1) affixed to it, printed on it or attached to it in a manner that meets the requirements set out in the regulations made under that subsection.

• 14.1Prohibition re sale
• 14.1(1)

  Despite section 13, no supplier shall sell a hazardous product that contains asbestos and is intended for use, handling or storage in a work place in Canada unless, subject to the Hazardous Materials Information Review Act, the supplier complies with the requirements set out in paragraphs 13(1)(a) to (b) and the hazardous product meets the requirements set out in the regulations made under subsection 15(2).

• 14.1(2)Prohibition re importation

  Despite section 14, no supplier shall import a hazardous product that contains asbestos and is intended for use, handling or storage in a work place in Canada unless, subject to the Hazardous Materials Information Review Act, the supplier complies with the requirements set out in paragraphs 14(a) and (b) and the hazardous product meets the requirements set out in the regulations made under subsection 15(2).

• 14.2False information — hazardous product or container
• 14.2(1)

  No supplier shall sell or import a hazardous product that is intended for use, handling or storage in a work place in Canada if the hazardous product or the container in which the hazardous product is packaged has affixed to, printed on or attached to it information about the hazardous product that is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 13(1)(a) to (b) or 14(a) and (b), as the case may be.

• 14.2(2)Safety data sheet — sale

  No supplier shall sell a hazardous product that is intended for use, handling or storage in a work place in Canada if the safety data sheet for the hazardous product that is in their possession in order to comply with the requirement set out in paragraph 13(1)(a), or that they provide or cause to be provided in order to comply with the requirement set out in paragraph 13(1)(a.1), is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to meet the requirements set out in paragraphs 13(1)(a) to (b).

• 14.2(3)Safety data sheet — importation

  No supplier shall import a hazardous product that is intended for use, handling or storage in a work place in Canada if the safety data sheet for the hazardous product that the supplier obtains or prepares in order to comply with the requirement set out in paragraph 14(a) is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 14(a) and (b).

• 14.2(4)Course of sale

  No supplier who sells a hazardous product that is intended for use, handling or storage in a work place in Canada shall, in the course of selling the hazardous product, communicate by any means any information about the hazardous product that is false, misleading or likely to create an erroneous impression, with respect to the information that is required to be included in a label or safety data sheet for that hazardous product in order for the supplier to comply with the requirements set out in paragraphs 13(1)(a) to (b).

• 14.3Requirements
• 14.3(1)

  Every supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada shall prepare and maintain

• 14.3(1)(a)

  a document containing a true copy of a label that represents the label that is affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged in order to meet the requirement set out in paragraph 13(1)(b) or 14(b), as the case may be, when they sell or import the hazardous product;

• 14.3(1)(b)

  a document containing a true copy of a safety data sheet for the hazardous product that represents the safety data sheet that is in their possession in order to meet the requirement set out in paragraph 13(1)(a) or that they obtain or prepare in order to meet the requirement set out in paragraph 14(a), as the case may be, when they sell or import the hazardous product;

• 14.3(1)(c)

  if the supplier obtained the hazardous product from another person, a document that indicates the person’s name and address, the quantity of the hazardous product obtained by the supplier and the month and year in which they obtained it;

• 14.3(1)(d)

  a document that indicates, for any sales of the hazardous product that result in a transfer of ownership or possession, the locations at which those sales took place, the period during which they took place, and, for each month in that period, the quantity sold during the month; and

• 14.3(1)(e)

  the prescribed documents.

• 14.3(2)Period for keeping documents

  The supplier shall keep the documents for six years after the end of the year to which they relate or for any other period that may be prescribed.

• 14.3(3)Keeping and providing documents

  The supplier shall keep the documents at the supplier’s place of business in Canada or at any prescribed place and shall, on written request, within the time and in the manner specified in the request, provide them to the Minister or an inspector.

• 14.3(4)Exemption — outside Canada

  The Minister may, subject to any terms and conditions that he or she may specify, exempt a supplier from the requirement to keep documents in Canada if the Minister considers it unnecessary or impractical for the supplier to keep them in Canada.

• 15Regulations
• 15(1)

  Subject to section 19, the Governor in Council may make regulations

• 15(1)(a)

  defining, for the purposes of Schedule 2, any word or expression used in Schedule 2 but not defined in this Act;

• 15(1)(a.1)

  establishing, for any hazard class listed in Schedule 2, categories and subcategories of that hazard class;

• 15(1)(b)

  respecting the classification of products, mixtures, materials and substances in a category or subcategory of a hazard class listed in Schedule 2;

• 15(1)(c)

  respecting safety data sheets;

• 15(1)(c.1)

  respecting labels;

• 15(1)(d)

  respecting the preparation and maintenance of documents, including by specifying the documents to be prepared and maintained, where they are to be kept and for how long;

• 15(1)(e)Repealed

  [Repealed, 2014, c. 20, s. 115]

• 15(1)(f)

  exempting from the application of this Part and the regulations made under this subsection or any provision of this Part or those regulations, on any terms and conditions that may be specified in those regulations,

• 15(1)(f)(i)

  the sale or importation of any hazardous product or class of hazardous products either generally or in the quantities or concentrations, in the circumstances, at the places, premises or facilities, for the purposes or in the containers that are specified in those regulations, and

• 15(1)(f)(ii)

  any class of suppliers;

• 15(1)(g) and (h)Repealed

  [Repealed, 2014, c. 20, s. 115]

• 15(1)(i)

  defining the expression work place for the purposes of this Part;

• 15(1)(j)

  requiring any supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada to provide, as soon as feasible, any information that is included in the safety data sheet that is in the supplier’s possession for the hazardous product to any prescribed safety professional or health professional who requests that information for a prescribed purpose;

• 15(1)(k)

  requiring a prescribed safety professional or health professional — to whom a supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada has provided information about the hazardous product that the supplier is exempt from disclosing under any Act of Parliament — to keep confidential, except for the purpose for which it is provided, any of that information that the supplier specifies as being confidential, if that information was provided at the request of the safety professional or health professional for a prescribed purpose;

• 15(1)(l)

  subject to the Hazardous Materials Information Review Act, requiring any supplier who sells or imports a hazardous product that is intended for use, handling or storage in a work place in Canada to identify, as soon as feasible, on request of any person within a class of persons specified in the regulations made under this subsection, the source for any toxicological data used in the preparation of any safety data sheet that the supplier has provided or caused to be provided in order to meet the requirement set out in paragraph 13(1)(a.1) or has obtained or prepared in order to meet the requirement set out in paragraph 14(a), as the case may be;

• 15(1)(l.1)

  respecting the implementation, in relation to hazardous products, of international agreements that affect those products;

• 15(1)(m)

  prescribing any other matter or thing that by this Part is to be or may be prescribed; and

• 15(1)(n)

  generally for carrying out the purposes and provisions of this Part.

• 15(2)Regulations

  The Governor in Council may make regulations respecting the sale or importation of any hazardous product referred to in subsection 14.1(1) or (2).

• 15(3)Externally produced material

  A regulation made under subsection (1) or (2) may incorporate by reference documents produced by a person or body other than the Minister, including by

• 15(3)(a)

  an organization established for the purpose of writing standards, such as an organization accredited by the Standards Council of Canada;

• 15(3)(b)

  an industrial or trade organization; or

• 15(3)(c)

  a government.

• 15(4)Reproduced or translated material

  A regulation made under subsection (1) or (2) may incorporate by reference documents that the Minister reproduces or translates from documents produced by a person or body other than the Minister

• 15(4)(a)

  with any adaptations of form and reference that will facilitate their incorporation into the regulation; or

• 15(4)(b)

  in a form that sets out only the parts of them that apply for the purposes of the regulation.

• 15(5)Jointly produced documents

  A regulation made under subsection (1) or (2) may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

• 15(6)Internally produced standards

  A regulation made under subsection (1) or (2) may incorporate by reference technical or explanatory documents that the Minister produces, including

• 15(6)(a)

  specifications, classifications, illustrations, graphs or other information of a technical nature; and

• 15(6)(b)

  test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

• 15(7)Incorporation as amended from time to time

  Documents may be incorporated by reference as amended from time to time.

• 15(8)For greater certainty

  Subsections (3) to (7) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

• 15(9)Definition of government

  In this section, government means any of the following or their institutions:

• 15(9)(a)

  the federal government;

• 15(9)(b)

  a corporation named in Schedule III to the Financial Administration Act;

• 15(9)(c)

  a provincial government or a public body established under an Act of the legislature of a province;

• 15(9)(d)

  an aboriginal government as defined in subsection 13(3) of the Access to Information Act;

• 15(9)(e)

  a government of a foreign state or of a subdivision of a foreign state; and

• 15(9)(f)

  an international organization of states.

• 16Repealed

  [Repealed, 2014, c. 20, s. 116]

• 16.1Interim orders — regulations
• 16.1(1)

  The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

• 16.1(2)Interim orders — section 18

  The Minister may make an interim order in which any power referred to in section 18 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

• 16.1(3)Cessation of effect

  An interim order has effect from the time that it is made but ceases to have effect on the earliest of

• 16.1(3)(a)

  14 days after it is made, unless it is approved by the Governor in Council,

• 16.1(3)(b)

  the day on which it is repealed,

• 16.1(3)(c)

  in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and

• 16.1(3)(d)

  one year after the interim order is made or any shorter period that may be specified in the interim order.

• 16.1(4)Contravention of unpublished order

  No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

• 16.1(5)Exemption from Statutory Instruments Act

  An interim order

• 16.1(5)(a)

  is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

• 16.1(5)(b)

  shall be published in the Canada Gazette within 23 days after it is made.

• 16.1(6)Deeming

  For the purpose of any provision of this Part other than this section and section 19, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

• 16.1(7)Tabling of order

  A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• 16.1(8)House not sitting

  In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting.

• 17Repealed

  [Repealed, 2014, c. 20, s. 118]

• 18Amendments to Schedules 1 and 2

  Subject to section 19, the Governor in Council may, by order,

• 18(a)

  amend Schedule 1 to add, delete or amend a reference to anything; and

• 18(b)

  amend Schedule 2 to add, delete or amend a reference to a hazard class.

• 19Consultation

  A regulation under subsection 15(1) or an order under section 18 may be made by the Governor in Council only on the recommendation of the Minister made after consultation by the Minister with the government of each province and with any organizations representative of workers, organizations representative of employers and organizations representative of suppliers that the Minister considers appropriate.

• 20Minister’s order
• 20(1)

  If the Minister has reasonable grounds to believe that a product, mixture, material or substance may be a hazardous product, the Minister may, in writing, order a person who is engaged in the business of selling or importing the product, mixture, material or substance to compile information relating to the formula, composition, chemical ingredients or hazardous properties of the product, mixture, material or substance, and any other information that the Minister considers necessary, for the purpose of determining whether the product, mixture, material or substance is or may be a danger to the health or safety of any individual who may handle it in a work place or be exposed to it in a work place.

• 20(1.1)Minister’s order

  If the Minister has reasonable grounds to believe that a person is engaged in the business of selling or importing a product, mixture, material or substance that is a hazardous product, the Minister may, in writing, order the person to

• 20(1.1)(a)

  conduct tests or studies on the product, mixture, material or substance to obtain the information that the Minister considers necessary to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations made under subsection 15(1) or (2); and

• 20(1.1)(b)

  compile any information related to the formula, composition, chemical ingredients or hazardous properties of the product, mixture, material or substance that the Minister considers necessary to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations made under subsection 15(1) or (2).

• 20(2)Providing information to Minister

  Every person to whom an order under subsection (1) or (1.1) is directed shall provide to the Minister, in the time, form and manner specified in the order, the information or the results of the tests or studies that are required by the order.

• 20(3)Information privileged

  Subject to subsection (4), information received by the Minister from a person under subsection (1) or (1.1) is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except as may be necessary for the administration and enforcement of this Act or for the purposes of section 15.

• 20(4)Information privileged

  The Minister shall not, when carrying out the consultations referred to in section 19, for the purposes of subsection 15(1), disclose the name of any person from whom the Minister has received information under subsection (1) or (1.1) or any of that information that is specified, in writing, by the person as being confidential.

• 20(5)Statutory Instruments Act

  For greater certainty, orders made under subsection (1) or (1.1) are not statutory instruments within the meaning of the Statutory Instruments Act.

• 21Inspectors and analysts
• 21(1)

  The Minister may designate as an inspector or analyst for the purposes of the administration and enforcement of any provision of this Act and of the regulations any individual or class of individuals to exercise powers or perform duties or functions in relation to any matter referred to in the designation. However, if the individual is employed by a provincial government, or a public body established under an Act of the legislature of a province, the Minister may make the designation only after obtaining the approval of that government or public body.

• 21(2)Certificate to be produced

  The Minister shall furnish every inspector with a certificate of designation and, on entering any place in accordance with subsection 22(1), an inspector shall, on request, produce the certificate to the person in charge of that place.

• 21(3)Objectives, guidelines and codes of practice

  The Minister may establish objectives, guidelines and codes of practice respecting the exercise of an inspector’s or analyst’s powers, and the performance of an inspector’s or analyst’s duties or functions, under this Act.

• 22Powers of inspectors
• 22(1)

  Subject to subsection 22.1(1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, at any reasonable time enter any place, including a conveyance, in which the inspector has reasonable grounds to believe that an activity regulated under this Act is conducted or a thing to which this Act applies is located, and may, for that purpose,

• 22(1)(a)

  examine or test any product, mixture, material or substance found in the place that the inspector has reasonable grounds to believe is a hazardous product and take samples of it, and examine any other thing that the inspector believes on reasonable grounds is used or is capable of being used for the manufacture, preparation, preservation, packaging, sale, importation or storage of a hazardous product;

• 22(1)(b)

  open and examine any receptacle or package that is found in the place;

• 22(1)(c)

  examine a document that is found in the place, make a copy of it or take an extract from it;

• 22(1)(d)

  use or cause to be used a computer or other device that is at the place to examine a document that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

• 22(1)(e)

  use or cause to be used any copying equipment that is at the place and remove the copies for examination;

• 22(1)(f)

  take photographs and make recordings and sketches;

• 22(1)(g)

  order the owner or person having possession, care or control of any product, mixture, material or substance found in the place that the inspector has reasonable grounds to believe is a hazardous product to move it or, for any time that may be necessary, not to move it or to restrict its movement;

• 22(1)(h)

  order the owner or person having possession, care or control of the conveyance to move it or, for any time that may be necessary, not to move it or to restrict its movement;

• 22(1)(i)

  order the owner or person in charge of the place to establish their identity to the inspector’s satisfaction; and

• 22(1)(j)

  remove anything from the place for the purpose of examination, conducting tests or taking samples.

• 22(1.1)Conveyance

  For the purpose of entering a conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• 22(1.2)Disposition of samples

  A sample taken under this section may be disposed of in any manner that an inspector considers appropriate.

• 22(1.3)Individual accompanying inspector

  An inspector may be accompanied by any individual that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

• 22(1.4)Entering private property

  An inspector who is exercising powers or performing duties or functions under this section and any individual accompanying them may enter private property — other than a dwelling-house — and pass through it in order to gain entry to a place referred to in subsection (1).

• 22(2)Assistance to inspectors

  The owner or person in charge of the place and every person found in it shall give the inspector all reasonable assistance and provide the inspector with any information that the inspector may require for the purpose of exercising the inspector’s powers or performing the inspector’s duties or functions under this section.

• 22.1Warrant or consent required to enter dwelling-house
• 22.1(1)

  If the place mentioned in subsection 22(1) is a dwelling-house, an inspector is not authorized to enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).

• 22.1(2)Authority to issue warrant

  A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to the conditions specified in the warrant, the individual who is named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

• 22.1(2)(a)

  the dwelling-house is a place described in subsection 22(1);

• 22.1(2)(b)

  entry to the dwelling-house is necessary for the purposes referred to in subsection 22(1); and

• 22.1(2)(c)

  entry to the dwelling-house was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

• 22.1(3)Use of force

  In executing a warrant issued under subsection (2), the inspector shall not use force unless they are accompanied by a peace officer and the use of force is authorized in the warrant.

• 22.1(4)Means of telecommunication

  An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

• 22.2Seizure

  An inspector may seize and detain anything that they have reasonable grounds to believe

• 22.2(a)

  was used in the contravention of any provision of this Act or of the regulations; or

• 22.2(b)

  is something in relation to which a provision of this Act or of the regulations was contravened.

• 22.3Certain information privileged

  All information that, under the Hazardous Materials Information Review Act, a supplier is exempt from disclosing under this Act and that is obtained by an inspector in the exercise of their powers or the performance of their duties or functions under this Act is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of the administration and enforcement of this Act.

• 22.4Analysis and examination
• 22.4(1)

  An inspector may submit to an analyst, for analysis or examination, anything seized by the inspector, or any sample of it, or any samples taken by the inspector.

• 22.4(2)Certificate or report

  An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.

• 23Obstruction

  No person shall obstruct, or provide false or misleading information either orally or in writing to, an inspector while the inspector is exercising powers or performing duties or functions under the provisions of this Act or of the regulations.

• 24Storage of seized things
• 24(1)

  An inspector who seizes a thing under this Act may

• 24(1)(a)

  on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it at the place where it was seized or move it to, and store it at, another place; or

• 24(1)(b)

  order its owner or the person having possession, care or control of it at the time of its seizure to store it at their expense at the place where it was seized or to move it to, and store it at, another place at their expense.

• 24(2)Interference

  Except with the authorization of an inspector, no person shall remove, alter or interfere in any way with a thing seized under this Act by an inspector.

• 24.1Release of seized things

  An inspector who seizes a thing under this Act shall release it if they are satisfied that the provisions of this Act and of the regulations that relate to it have been complied with.

• 25Application for restoration
• 25(1)

  If a thing has been seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may, within 120 days after the date of the seizure, on prior notice having been given in accordance with subsection (2) to the Minister, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order of restoration under subsection (3).

• 25(2)Notice to Minister

  The notice referred to in subsection (1) shall be delivered to the Minister at Ottawa at least 30 clear days before the day on which the application to the provincial court judge is to be made, by means of registered mail, a method of courier service that provides a record of delivery and requires a signature on delivery, or any other prescribed method, and shall specify

• 25(2)(a)

  the provincial court judge to whom the application is to be made;

• 25(2)(b)

  the place and time at which the application is to be heard;

• 25(2)(c)

  the thing in respect of which the application is to be made; and

• 25(2)(d)

  the evidence on which the applicant intends to rely to establish that