Bill C-80

LIABILITY

GENERAL

REGULATIONS

(a) requiring persons to keep and provide to the Agency information, records, books of account or other documents in respect of regulated products and activities in respect of which the Acts mentioned in subsection 11(1) apply;

(b) respecting the information, records, books of account or other documents to be kept under paragraph (a) and the period of time they are to be retained;

(c) respecting electronic means to create, collect, receive, store, transfer, distribute, publish or otherwise deal with documents or information referred to in or required to be kept by any Act mentioned in subsection 11(1), including regulations

(i) specifying terms and conditions under which the electronic means may be used and the means that may be used to electronically sign the documents or authenticate them, and

(ii) respecting the admissibility as evidence of any document created or received using electronic means;

(d) respecting the functions and duties of inspectors, analysts, graders and officers;

(e) respecting the inspection of places, including conveyances, and of regulated products and other things and the stopping of conveyances;

(f) respecting the taking of samples, the conducting of tests and the making of analyses;

(g) respecting the restriction or prohibition of the movement of regulated products;

(h) respecting the seizure and forfeiture of regulated products and other things under this Act;

(i) respecting the detention, storage, treatment, quarantine, removal and transportation of regulated products and other things seized under this Act;

(j) establishing criteria and procedures for reinspections;

(k) respecting the grading of regulated products;

(l) governing the collection of information and statistics, the publication of studies and the conduct of surveys on any matter related to any Act mentioned in subsection 11(1) or its regulations;

(m) establishing a mechanism for dealing with complaints from employees of the Agency and members of the public relating to public health and safety with respect to regulated products; and

(n) prescribing anything that is to be prescribed under this Act.

(a) an organization established for the purpose of writing standards;

(b) an industrial or trade organization; and

(c) a government, government agency or international body.

(a) with any adaptations of form and reference that will facilitate the incorporation of the material in the regulation; or

(b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.

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

(b) test methods, procedures, operational standards, safety standards and performance standards of a technical nature.

(a) the material was reasonably accessible to the person;

(b) reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or

(c) the material had been published in the Canada Gazette.

OFFENCES AND PUNISHMENT

(a) on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both.

(a) the offence was committed or the subject-matter of the prosecution arose;

(b) the accused was apprehended; or

(c) the accused happens to be, or is carrying on business.

(a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

(b) directing the person to compensate the Agency, in whole or in part, for the cost of any remedial or preventive action taken by or on behalf of the Agency as a result of the commission of the offence;

(c) directing the person to perform community service in accordance with any conditions that may be specified in the order;

(d) requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences;

(e) directing the person to provide security in a form and in an amount satisfactory to the court for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section; and

(f) directing the person to submit to the Agency, on application by the Agency within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances.

(a) guilty of an offence punishable on summary conviction and liable to a punishment not exceeding the maximum punishment to which a person is liable on summary conviction for the original offence; or

(b) guilty of an indictable offence and liable to a punishment not exceeding the maximum punishment to which a person is liable on conviction on indictment for the original offence.