PART IIIAdministration and Enforcement (continued)
Orders for Taking Measures
Marginal note:Taking measures
26.1 (1) The Minister may order a supplier to take any measure that the Minister considers necessary to remedy a non-compliance, or to prevent non-compliance, with the provisions of this Act or of the regulations, if the Minister believes on reasonable grounds that any provision of this Act or of the regulations has been contravened in relation to the hazardous product.
(2) The measures referred to in subsection (1) include measures related to the label or safety data sheet for the hazardous product or to stopping the sale or importation of the hazardous product or causing it to be stopped.
(3) The order shall be provided in the form of a written notice that sets out the reasons for the measure and the time within which and manner in which the measure is to be carried out.
Marginal note:Statutory Instruments Act
- 2014, c. 20, s. 123
Review of Orders for Taking Measures
Marginal note:Review officer
26.2 The Minister may designate as a review officer for the purposes of reviewing orders under section 26.3 any individual or class of individuals who, in the Minister’s opinion, is qualified to be so designated.
- 2014, c. 20, s. 123
Marginal note:Request for review
26.3 (1) Subject to any other provision of this section, an order made under section 26.1 shall be reviewed by a review officer other than the individual who made the order, on the written request of the person who was ordered under it to take a measure, but only on grounds that involve questions of fact alone or questions of mixed law and fact.
Marginal note:Contents of and time for making request
(2) The written request shall state the grounds for review and set out the evidence, including evidence that was not considered by the individual who made the order, that supports those grounds and the decision that is sought. It shall be delivered to the Minister within seven days after the day on which the order is provided under subsection 26.1(3).
Marginal note:No authority to review
(3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.
Marginal note:Reasons for refusal
(4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.
Marginal note:Review initiated by review officer
(5) A review officer — other than the individual who made the order — may review an order made under section 26.1, whether or not a request is made under subsection (1).
Marginal note:Order in effect
(6) An order made under section 26.1 continues to apply during a review unless the review officer decides otherwise.
Marginal note:Completion of review
(7) A review officer shall complete the review no later than 30 days after the day on which the request is delivered to the Minister.
Marginal note:Extension of period for review
(8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.
Marginal note:Reasons for extension
(9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.
Marginal note:Decision on completion of review
(10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.
(11) The person who made the request or, if there is no request, the person to whom the order was directed, shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).
Marginal note:Effect of amendment
(12) An order made under section 26.1 that is amended is subject to review under this section.
Marginal note:Certain information privileged
(13) All information that, under the Hazardous Materials Information Review Act, a supplier is exempt from disclosing under this Act and that is obtained by a review officer in the exercise of their powers or the performance of their duties or functions under this section 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 purposes of the administration and enforcement of this Act.
- 2014, c. 20, s. 123
27 The Governor in Council may make regulations
(a) respecting the performance of an inspector’s, analyst’s or review officer’s duties or functions and the circumstances in which an inspector or a review officer may exercise their powers;
(a.1) respecting the taking of samples and the seizure, detention, forfeiture or disposition of anything under this Part;
(a.2) respecting the form of notices referred to in subsections 25(2) and 26.1(3) and the time within which and manner in which orders are to be provided under subsection 26.1(3);
(a.3) respecting the measures referred to in section 26.1;
(a.4) respecting the review of orders under section 26.3;
(a.41) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;
(a.5) prescribing anything that by this Part is to be prescribed; and
(b) generally for carrying out the purposes and provisions of this Part.
- R.S., 1985, c. 24 (3rd Supp.), s. 1
- 2014, c. 20, s. 124
- 2016, c. 9, s. 16
Marginal note:Interim orders
27.1 (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.
Marginal note:Cessation of effect
(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(a) 14 days after it is made, unless it is approved by the Governor in Council,
(b) the day on which it is repealed,
(c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and
(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Marginal note:Contravention of unpublished order
(3) 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.
Marginal note:Exemption from Statutory Instruments Act
(4) An interim order
(5) For the purpose of any provision of this Part other than this section, 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.
Marginal note:Tabling of order
(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
Marginal note:House not sitting
(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
- 2004, c. 15, s. 69
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