Radiation Emitting Devices Act (R.S.C., 1985, c. R-1)

Disposition of Devices with Consent of Owner

Marginal note:Disposition with owner’s consent

• 12 (1) If the Minister has custody of a radiation emitting device, the Minister may, with the consent of and at the expense of its owner, dispose of the device as the Minister sees fit if it was

  • (a) taken away for further examination under paragraph 8(1)(a) or (b);

  • (b) seized under subsection 10(1); or

  • (c) voluntarily submitted to the Minister for evaluation or examination.

• Marginal note:Owner’s consent deemed given

  (2) If the Minister requests the owner of a device referred to in paragraph (1)(a) or (c) to repossess that device and the owner fails to repossess it within sixty days after receipt of the request, the owner shall be deemed to have given the consent referred to in subsection (1) in respect of that device.

Forfeiture

Marginal note:Unclaimed radiation emitting devices

• 12.1 (1) A seized radiation emitting device is, at Her election, forfeited to Her Majesty in right of Canada if

  • (a) within 60 days after the seizure, no person is identified, in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or

  • (b) the owner or the person who is entitled to possess it does not claim it within 60 days after the day on which they are notified that the inspector has released the seized device.

• Marginal note:Proceedings instituted

  (2) Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the device that was seized.

• Marginal note:Disposition

  (3) A seized device that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Removal or Forfeiture of Unlawful Imports

Marginal note:Unlawful imports

• 12.2 (1) An inspector who has reasonable grounds to believe that an imported radiation emitting device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the device, the opportunity to take a measure in respect of it.

• Marginal note:Factors

  (2) In making a decision under subsection (1), the inspector shall consider, among other factors

  • (a) whether the device creates a risk to any individual of genetic or personal injury, impairment of health or death from radiation; and

  • (b) any other prescribed factors.

• Marginal note:Duty of inspector

  (3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the radiation emitting device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the device, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.

• Marginal note:Measures that may be taken and notice

  (4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the radiation emitting device the opportunity to take a measure in respect of the device, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the radiation emitting device that they may take that measure within the period specified by the inspector or other inspector, as the case may be.

• Marginal note:Forfeiture

  (5) If a person is notified under subsection (4) that they may consent to the forfeiture of the radiation emitting device and the person consents to its forfeiture, the device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.

Costs

Marginal note:Recovery

• 12.3 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the storage, movement or disposition of any radiation emitting device.

• Marginal note:Time limit

  (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.

Marginal note:Certificate of default

• 12.4 (1) Any debt that may be recovered under subsection 12.3(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

• Marginal note:Judgment

  (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

Regulations

Marginal note:Regulations

• 13 (1) The Governor in Council may make regulations

  • (a) prescribing classes of radiation emitting devices for the purposes of this Act;

  • (b) prescribing standards regulating the design, construction and functioning of any prescribed class of radiation emitting devices for the purpose of protecting individuals against genetic or personal injury, impairment of health or death from radiation;

  • (c) exempting, with or without conditions, any radiation emitting device or class of radiation emitting device, including devices imported solely for the purpose of export, from the application of all or any of the provisions of this Act or the regulations;

  • (d) respecting the labelling, packaging and advertising of radiation emitting devices, and the use of any material in the construction of any radiation emitting device, for the purpose of protecting individuals against genetic or personal injury, impairment of health or death from radiation;

  • (e) prescribing the information that must be shown on any label or package and the manner in which that information must be shown;

  • (f) requiring persons who manufacture, sell, lease, import into Canada or otherwise deal with any radiation emitting device to maintain such books and records as the Governor in Council considers necessary for the proper enforcement and administration of this Act;

  • (g) prescribing the content of and the method of sending the notification required by subsection 6(1);

  • (h) respecting the powers, duties and functions of inspectors and analysts;

  • (h.1) respecting the seizure, taking away, detention, forfeiture and disposition of radiation emitting devices;

  • (h.2) respecting the costs in relation to anything required or authorized under this Act;

  • (h.3) respecting the implementation, in relation to radiation emitting devices, of international agreements that affect those devices;

  • (h.4) prescribing anything that by this Act is to be prescribed; and

  • (i) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Publication of proposed regulations

  (2) Subject to subsection (3), a copy of every regulation that the Governor in Council proposes to make pursuant to paragraph (1)(a), (b), (c), (d) or (e) shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to manufacturers, importers, distributors and other interested persons to make representations to the Minister with respect thereto.

• Marginal note:Exceptions

  (3) Subsection (2) does not apply in respect of a proposed regulation that

  • (a) has previously been published pursuant to that subsection and has been changed as a result of representations made pursuant to that subsection; or

  • (b) makes no material substantive change in an existing regulation.

Interim Orders

Marginal note:Interim orders

• 13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act 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 Act, 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

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

  • (b) shall be published in the Canada Gazette within 23 days after it is made.

• Marginal note:Deeming

  (5) For the purpose of any provision of this Act other than this section and subsection 13(2), 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.

Offence and Punishment

Marginal note:Contravention of sections 4 to 6

• 14 (1) Every person who, or whose employee or agent, contravenes section 4, 5 or 6 is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding five thousand dollars; or

  • (b) on conviction on indictment, to a fine not exceeding ten thousand dollars.

• Marginal note:Contravention of other provisions, or regulations

  (2) Every person who, or whose employee or agent, contravenes any provision of this Act other than section 4, 5 or 6, or any regulation, is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; or

  • (b) on conviction on indictment, to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding one year or to both.

Marginal note:Offence by employee or agent

• 15 (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of, and that all due diligence to prevent its commission was exercised by, the accused.

• Marginal note:Venue

  (2) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.