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Amendments to Schedules 1 and 2
Amendments to Schedules 1 and 2
18. Subject to section 19, the Governor in Council may, by order,
(a) amend Schedule 1 to add, delete or amend a reference to anything; and
(b) amend Schedule 2 to add, delete or amend a reference to a hazard class.
R.S., c. 24 (3rd Supp.), s. 1
120. Section 19 of the Act is replaced by the following:
Consultation
19. 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 represent-ative of workers, organizations representative of employers and organizations representative of suppliers that the Minister considers appropriate.
R.S., c. 24 (3rd Supp.), s. 1
121. Section 20 of the Act and the heading before it are replaced by the following:
Tests, Studies and Compilation of Information
Minister’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.
Minister’s order
(1.1) 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 hazard-ous product, the Minister may, in writing, order the person to
(a) conduct tests or studies on the product, mixture, material or substance to obtain the information that the Minister considers nec-essary 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
(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).
Providing information to Minister
(2) 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.
Information privileged
(3) 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.
Information privileged
(4) 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.
Statutory Instruments Act
(5) For greater certainty, orders made under subsection (1) or (1.1) are not statutory instruments within the meaning of the Statutory Instruments Act.
R.S., c. 24 (3rd Supp.), s. 1
122. (1) Subsection 21(1) of the Act is replaced by the following:
Inspectors and analysts
21. (1) The Minister may designate as an inspector or analyst for the purposes of any provision of this Act or of the regulations any individual or class of individuals who, in the Minister’s opinion, is qualified to be so designated. 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.
R.S., c. 24 (3rd Supp.), s. 1
(2) Subsection 21(2) of the English version of the Act is replaced by the following:
Certificate to be produced
(2) 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.
(3) Section 21 of the Act is amended by adding the following after subsection (2):
Objectives, guidelines and codes of practice
(3) 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.
R.S., c. 24 (3rd Supp.), s. 1
123. The heading before section 22 and sections 22 to 26 of the Act are replaced by the following:
Inspection and Analysis
Powers 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,
(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;
(b) open and examine any receptacle or package that is found in the place;
(c) examine a document that is found in the place, make a copy of it or take an extract from it;
(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;
(e) use or cause to be used any copying equipment that is at the place and remove the copies for examination;
(f) take photographs and make recordings and sketches;
(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;
(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;
(i) order the owner or person in charge of the place to establish their identity to the inspector’s satisfaction; and
(j) remove anything from the place for the purpose of examination, conducting tests or taking samples.
Conveyance
(1.1) 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.
Disposition of samples
(1.2) A sample taken under this section may be disposed of in any manner that an inspector considers appropriate.
Individual accompanying inspector
(1.3) 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.
Entering private property
(1.4) 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).
Assistance to inspectors
(2) 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.
Warrant 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).
Authority to issue warrant
(2) 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
(a) the dwelling-house is a place described in subsection 22(1);
(b) entry to the dwelling-house is necessary for the purposes referred to in subsection 22(1); and
(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.
Use of force
(3) 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.
Telewarrant
(4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), the warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.
Seizure
22.2 An inspector may seize and detain anything that they have reasonable grounds to believe
(a) was used in the contravention of any provision of this Act or of the regulations; or
(b) is something in relation to which a provision of this Act or of the regulations was contravened.
Certain information privileged
22.3 All information that, under the Hazard-ous 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.
Analysis 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.
Certificate or report
(2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.
Obstruction
23. 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.
Dealing with Seized Things
Storage of seized things
24. (1) An inspector who seizes a thing under this Act may
(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
(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.
Interference
(2) 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.
Release of seized things
24.1 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.
Application 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).
Notice to Minister
(2) 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
(a) the provincial court judge to whom the application is to be made;
(b) the place and time at which the application is to be heard;
(c) the thing in respect of which the application is to be made; and
(d) the evidence on which the applicant intends to rely to establish that
(i) the applicant was the owner or the person having possession, care or control of the thing at the time of its seizure, and
(ii) the thing was not used in the contravention of any provision of this Act or of the regulations and it is not something in relation to which a provision of this Act or of the regulations was contravened.
Order of restoration
(3) Subject to section 26, the provincial court judge shall order that the thing seized be restored without delay to the applicant if, on the hearing of an application made under subsection (1), the judge is satisfied that
(a) the applicant was the owner or the person having possession, care or control of the thing at the time of its seizure;
(a.1) the thing was not used in the contravention of any provision of this Act or of the regulations and it is not something in relation to which a provision of this Act or of the regulations was contravened; and
(b) the thing is not and will not be required as evidence in any proceedings in respect of an offence under section 28.
No application for restoration
(4) If no application has been made under subsection (1) for the restoration of a thing seized under this Act within 120 days after the date of the seizure, the Minister may dispose of it, at the expense of its owner or the person having possession, care or control of it at the time of its seizure, as the Minister thinks fit.
Forfeiture — conviction for offence
26. (1) If a person has been convicted of an offence under section 28, the court may order that a thing seized under this Act by means of or in respect of which the offence was committed be forfeited to Her Majesty in right of Canada. The thing forfeited may be disposed of, as the Minister directs, at the expense of its owner, the person who was entitled to possession of it at the time of its seizure or the person who has been convicted of the offence.
Forfeiture — consent of owner
(2) If the owner of a thing seized under this Act consents in writing to its forfeiture, the thing is forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of its owner, as the Minister directs.
Orders for Taking Measures
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 prod-uct.
Measures
(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 hazard-ous product or causing it to be stopped.
Notice
(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.
Statutory Instruments Act
(4) For greater certainty, orders made under subsection (1) are not statutory instruments within the meaning of the Statutory Instruments Act.
Review of Orders for Taking Measures
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.
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.
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).
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.
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.
Review initiated by review officer
(5) A review officer — other than the indi- vidual who made the order — may review an order made under section 26.1, whether or not a request is made under subsection (1).
Order in effect
(6) An order made under section 26.1 continues to apply during a review unless the review officer decides otherwise.
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.
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.
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.
Decision on completion of review
(10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.
Notice
(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).
Effect of amendment
(12) An order made under section 26.1 that is amended is subject to review under this section.
Certain information privileged
(13) All information that, under the Hazard-ous 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.
R.S., c. 24 (3rd Supp.), s. 1
124. Paragraph 27(a) of the Act is replaced by the following:
(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.5) prescribing anything that by this Part is to be prescribed; and
R.S., c. 24 (3rd Supp.), s. 1
125. Section 28 of the Act is replaced by the following:
Offence
28. (1) Every person who contravenes a provision of this Act, a provision of the regulations or an order made under this Act is guilty of an offence and is liable
(a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or
(b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.
Defence of due diligence
(1.1) No person shall be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Offence — fault
(1.2) Every person who knowingly or recklessly contravenes a provision of this Act, a provision of the regulations or an order made under this Act is guilty of an offence and is liable
(a) on conviction on indictment, to a fine in an amount that is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or
(b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.
Parties to offence
(2) If a person other than an individual commits an offence under subsection (1) or (1.2), an officer, director, or agent or mandatary, of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the person has been prosecuted or convicted.
Limitation period
(3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)(b) or (1.2)(b) may be instituted at any time within two years after the day on which the subject matter of the proceedings arises.
Sentencing considerations
(4) A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the harm or risk of harm caused by the commission of the offence.
Proof of offence
(5) In a prosecution for an offence under subsection (1) or (1.2), it is sufficient proof of the offence to establish that it was committed by an employee, or agent or mandatary, of the accused, even if the employee, or agent or mandatary, is not identified or prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised due diligence to prevent its commission.
Continuing offence
28.1 If an offence under section 28 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
R.S., c. 24 (3rd Supp.), s. 1
126. Subsection 30(1) of the Act is replaced by the following:
Analyst’s certificate
30. (1) Subject to this section, a certificate of an analyst stating that the analyst has analysed or examined a product, mixture, material or substance and stating the result of the analysis or examination is admissible in evidence in any prosecution for an offence mentioned in subsection 29(1) and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.
R.S., c. 24 (3rd Supp.), s. 1.
127. Section 31 of the Act is replaced by the following:
Self-incrimination
30.1 The information and results contained in the documents that a person provides under an order made under section 20 may not be used or received to incriminate the person in any proceeding against them in respect of an offence under this Act.
Trial of offence
31. A complaint or information in respect of an offence under section 28 may be heard, tried or determined by a provincial court judge or a justice of the peace if the accused is resident within, is carrying on business within or happens to be within the territorial jurisdiction of the provincial court judge or justice of the peace, although the matter of the complaint or information did not arise in that territorial jurisdiction.
R.S., c. 24 (3rd Supp.), s. 2(2)
128. Schedule II to the Act is replaced by the Schedules 1 and 2 set out in Schedule 4 to this Act.
Transitional Provisions
Definitions
129. (1) The following definitions apply in this section and sections 130 to 138.
“controlled product”
« produit contrôlé »
“controlled product” has the same meaning as in section 2 of the former Act.
“former Act”
« ancienne loi »
“former Act” means the Hazardous Products Act as it read immediately before the day on which section 114 comes into force.
Same meaning
(2) Unless a contrary intention appears, words and expressions used in sections 130 to 138 have the same meanings as in section 2 of the Hazardous Products Act.
Sale of controlled product
130. (1) Section 13 of the Hazardous Products Act does not apply to a supplier in respect of the sale of a controlled product if the supplier sells the controlled product on or after the day on which section 114 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 13 of the former Act in force at the time, be in contravention of that section 13 in respect of that sale.
Importation of controlled product
(2) Section 14 of the Hazardous Products Act does not apply to a supplier in respect of the importation of a controlled product if the supplier imports the controlled product on or after the day on which section 114 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 14 of the former Act in force at the time, be in contravention of that section 14 in respect of that importation.
Hazardous product that is not controlled product
(3) Sections 13 and 14 of the Hazardous Products Act do not apply to a supplier in respect of the sale or importation of a hazardous product that is not a controlled product if the supplier sells or imports the hazardous product on or after the day on which section 114 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section.
Resale of controlled product
131. (1) Section 13 of the Hazardous Products Act does not apply to a supplier in respect of the sale of a controlled product that was sold to them if the supplier sells the controlled product on or after the day fixed by order of the Governor in Council for the purposes of section 130 but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 13 of the former Act in force at the time, be in contravention of that section 13 in respect of that sale.
Hazardous product that is not controlled product
(2) Section 13 of the Hazardous Products Act does not apply to a supplier in respect of the sale of a hazardous product that was sold to them and that is not a controlled product if the supplier sells the hazardous product on or after the day fixed by order of the Governor in Council for the purposes of section 130 but before a day to be fixed by order of the Governor in Council for the purposes of this section.
Importation of controlled product for own use in work place
132. (1) Section 14 of the Hazardous Products Act does not apply to a supplier in respect of the importation of a controlled product that the supplier intends only to use in their work place if the supplier imports the controlled product on or after the day fixed by order of the Governor in Council for the purposes of section 130 but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 14 of the former Act in force at the time, be in contravention of that section 14 in respect of that importation.
Hazardous product that is not controlled product
(2) Section 14 of the Hazardous Products Act does not apply to a supplier in respect of the importation of a hazardous product that the supplier intends only to use in their work place and that is not a controlled product if the supplier imports the hazardous product on or after the day fixed by order of the Governor in Council for the purposes of section 130 but before a day to be fixed by order of the Governor in Council for the purposes of this section.
Sale of controlled product
133. (1) Subsection 14.1(1) of the Hazard-ous Products Act does not apply to a supplier in respect of the sale of a controlled product that contains asbestos and that meets the requirements set out for hazardous products in regulations made under subsection 15(2) of the Hazardous Products Act if the supplier sells the controlled product on or after the day on which section 114 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 13 of the former Act in force at the time, be in contravention of that section 13 in respect of that sale.
Importation of controlled product
(2) Subsection 14.1(2) of the Hazardous Products Act does not apply to a supplier in respect of the importation of a controlled product that contains asbestos and that meets the requirements set out for hazardous products in regulations made under subsection 15(2) of the Hazardous Products Act if the supplier imports the controlled product on or after the day on which section 114 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 14 of the former Act in force at the time, be in contravention of that section 14 in respect of that importation.
Resale of controlled product
134. (1) Subsection 14.1(1) of the Hazard-ous Products Act does not apply to a supplier in respect of the sale of a controlled product that contains asbestos, that was sold to them and that meets the requirements set out for hazardous products in regulations made under subsection 15(2) of the Hazard-ous Products Act if the supplier sells the controlled product on or after the day fixed by order of the Governor in Council for the purposes of section 133 but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 13 of the former Act in force at the time, be in contravention of that section 13 in respect of that sale.
Importation of controlled product for own use in work place
(2) Subsection 14.1(2) of the Hazardous Products Act does not apply to a supplier in respect of the importation of a controlled product that contains asbestos, that the supplier intends only to use in their work place and that meets the requirements set out for hazardous products in regulations made under subsection 15(2) of the Hazardous Products Act if the supplier imports the controlled product on or after the day fixed by order of the Governor in Council for the purposes of section 133 but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 14 of the former Act in force at the time, be in contravention of that section 14 in respect of that importation.
Sale or importation of controlled product — false information
135. (1) Section 14.2 of the Hazardous Products Act does not apply to a supplier in respect of the sale or importation of a controlled product if the supplier sells or imports the controlled product on or after the day on which section 114 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 13 or 14, as the case may be, of the former Act in force at the time, be in contravention of that section 13 or 14 in respect of that sale or importation.
Hazardous product that is not controlled product
(2) Section 14.2 of the Hazardous Products Act does not apply to a supplier in respect of the sale or importation of a hazardous product that is not a controlled product if the supplier sells or imports the hazardous product on or after the day on which section 114 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section.
Resale of controlled product — false information
136. (1) Section 14.2 of the Hazardous Products Act does not apply to a supplier in respect of the sale of a controlled product that was sold to them if the supplier sells the controlled product on or after the day fixed by order of the Governor in Council for the purposes of section 135 but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 13 of the former Act in force at the time, be in contravention of that section 13 in respect of that sale.
Hazardous product that is not controlled product
(2) Section 14.2 of the Hazardous Products Act does not apply to a supplier in respect of the sale of a hazardous product that was sold to them and that is not a controlled product if the supplier sells the hazardous product on or after the day fixed by order of the Governor in Council for the purposes of section 135 but before a day to be fixed by order of the Governor in Council for the purposes of this section.
Importation of controlled product for own use in work place — false information
137. (1) Section 14.2 of the Hazardous Products Act does not apply to a supplier in respect of the importation of a controlled product that the supplier intends only to use in their work place if the supplier imports the controlled product on or after the day fixed by order of the Governor in Council for the purposes of section 135 but before a day to be fixed by order of the Governor in Council for the purposes of this section and if the supplier would not, were section 14 of the former Act in force at the time, be in contravention of that section 14 in respect of that importation.
Hazardous product that is not controlled product
(2) Section 14.2 of the Hazardous Products Act does not apply to a supplier in respect of the importation of a hazardous product that the supplier intends only to use in their work place and that is not a controlled product if the supplier imports the hazardous product on or after the day fixed by order of the Governor in Council for the purposes of section 135 but before a day to be fixed by order of the Governor in Council for the purposes of this section.
Reference to regulations
138. For the purposes of sections 130 to 137, any references in the former Act to the Ingredient Disclosure List, to regulations, or to anything prescribed by regulation, are considered to be references to that List or those regulations as they read immediately before the day on which section 114 comes into force.
R.S., c. L-2
Amendments to the Canada Labour Code
R.S., c. 24 (3rd Supp.), s. 3(1); 2000, c. 20, s. 2(6)(F)
139. (1) The definition “hazardous substance” in subsection 122(1) of the Canada Labour Code is replaced by the following:
“hazardous substance”
« substance dangereuse »
“hazardous substance” includes a hazardous product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it;
R.S., c. 24 (3rd Supp.), s. 3(2)
(2) Subsection 122(2) of the Act is replaced by the following:
Definitions
(2) In this Part, “hazardous product”, “label” and “safety data sheet” have the same meanings as in section 2 of the Hazardous Products Act.
R.S., c. 24 (3rd Supp.), s. 5; 2000, c. 20, ss. 6(2)(F) and (3)
140. Paragraphs 125.1(c) to (e) of the Act are replaced by the following:
(c) ensure that all hazardous substances in the work place, other than hazardous prod-ucts, are identified in the manner prescribed;
(d) subject to the Hazardous Materials Information Review Act, ensure that each hazardous product in the work place or each container in the work place in which a hazardous product is contained has affixed to it, printed on it, attached to it or otherwise applied to it a label that meets the prescribed requirements;
(e) subject to the Hazardous Materials Information Review Act, make available to every employee, in the prescribed manner, a safety data sheet for each hazardous product to which the employee may be exposed that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act;
2000, c. 20, s. 7
141. Subsection 125.2(1) of the Act is replaced by the following:
Employer to provide information in emergency
125.2 (1) An employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls that activity, provide, in respect of any hazardous product to which an employee may be exposed, as soon as is practicable in the circumstances, any information that is included in the safety data sheet that is in the employer’s possession for the hazard- ous product to any physician or other prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.
2000, c. 20, s. 14
142. Subsection 144(4) of the Act is replaced by the following:
Privileged information
(4) All information that, under the Hazard-ous Materials Information Review Act, an employer is exempt from disclosing under this Act or the Hazardous Products Act and that is obtained in a work place, by an appeals officer or a health and safety officer who is admitted to the work place, under section 141, or by a person accompanying that officer, 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 this Part.
Transitional Provisions
Paragraphs 125.1(c) to (e) of Canada Labour Code
143. Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day on which section 140 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.
Products in work place
144. Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day fixed by order of the Governor in Council for the purposes of section 143 but before a day to be fixed by order of the Governor in Council for the purposes of this section, in respect of hazardous products that are in the work place on the day fixed by order of the Governor in Council for the purposes of section 143, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.
Same meaning
145. (1) Unless a contrary intention appears, words and expressions used in sections 143 and 144 have the same meanings as in section 122 of the Canada Labour Code.
References
(2) For the purposes of sections 143 and 144,
(a) “controlled product”, “hazard symbol”, “Ingredient Disclosure List”, “label” and “material safety data sheet” in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, have the same meanings as in the Hazardous Products Act, as that Act read immediately before the day on which section 114 comes into force;
(b) any references to the Ingredient Disclosure List in paragraph 125.1(e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to the Ingredient Disclosure List as it read immediately before the day on which section 114 comes into force; and
(c) any references to regulations, or to anything prescribed by regulation, in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to those regulations as they read immediately before that day.
R.S., c. 24 (3rd Supp.), Part III
Amendments to the Hazardous Materials Information Review Act
146. (1) The definitions “controlled prod- uct” and “material safety data sheet” in subsection 10(1) of the Hazardous Materials Information Review Act are repealed.
(2) Subsection 10(1) of the Act is amended by adding the following in alphabetical order:
“CAS registry number”
« numéro d’enregistrement CAS »
“CAS registry number” means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society;
“chemical name”
« dénomination chimique »
“chemical name” means a scientific designation of a material or substance that is made in accordance with the rules of nomenclature of either the Chemical Abstracts Service, a division of the American Chemical Society, or the International Union of Pure and Applied Chemistry, or a scientific designation of a material or substance that is internationally recognized and that clearly identifies the material or substance;
“hazardous product”
« produit dangereux »
“hazardous product” has the same meaning as in section 2 of the Hazardous Products Act;
“label”
« étiquette »
“label” means a document that contains a label, as defined in section 2 of the Hazardous Products Act, that meets the requirements set out in the regulations made under subsection 15(1) of that Act;
“mixture”
« mélange »
“mixture” has the same meaning as in section 2 of the Hazardous Products Act;
“safety data sheet”
« fiche de données de sécurité »
“safety data sheet” has the same meaning as in section 2 of the Hazardous Products Act;
“substance”
« substance »
“substance” has the same meaning as in section 2 of the Hazardous Products Act;
1992, c. 1, s. 144(1) (Sch. VII, item 27)(F); 2012, c. 31, par. 284(a)(F)
147. (1) Subsections 11(1) and (2) of the Act are replaced by the following:
Claim for exemption by supplier
11. (1) Any supplier who is required, either directly or indirectly, because of the provisions of the Hazardous Products Act, to disclose any of the following information may, if the supplier considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section:
(a) in the case of a material or substance that is a hazardous product,
(i) the chemical name of the material or substance,
(ii) the CAS registry number, or any other unique identifier, of the material or substance, and
(iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contrib-utes to the classification of the material or substance in the health hazard class under that Act;
(b) in the case of an ingredient that is in a mixture that is a hazardous product,
(i) the chemical name of the ingredient,
(ii) the CAS registry number, or any other unique identifier, of the ingredient, and
(iii) the concentration or concentration range of the ingredient; and
(c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture.
Claim for exemption by employer
(2) Any employer who is required, either directly or indirectly, because of the provisions of the Canada Labour Code, to disclose any of the following information may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose that information by filing with the Chief Screening Officer a claim for exemption in accordance with this section:
(a) in the case of a material or substance that is a hazardous product,
(i) the chemical name of the material or substance,
(ii) the CAS registry number, or any other unique identifier, of the material or substance, and
(iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contrib-utes to the classification of the material or substance in the health hazard class under that Act;
(b) in the case of an ingredient that is in a mixture that is a hazardous product,
(i) the chemical name of the ingredient,
(ii) the CAS registry number, or any other unique identifier, of the ingredient, and
(iii) the concentration or concentration range of the ingredient;
(c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;
(d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade-name or brand name;
(e) information about a hazardous product, other than the product identifier, that constitutes a means of identification; and
(f) information that could be used to identify a supplier of a hazardous product.
2007, c. 7, s. 1
(2) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following:
Contents of claim
(4) A claim for exemption shall be accompanied by the safety data sheet or label to which the claim relates and shall contain
2012, c. 31, par. 284(b)(F)
148. (1) The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:
Duties of Chief Screening Officer
12. (1) The Chief Screening Officer shall, on receipt of a claim for exemption and the safety data sheet or label to which it relates and of payment of the required fee,
(2) Paragraph 12(1)(b) of the Act is replaced by the following:
(b) assign a screening officer to review the claim and the safety data sheet or label to which it relates.
2001, c. 34, s. 50(F)
(3) Subsection 12(2) of the Act is replaced by the following:
Notice
(2) The notice referred to in paragraph (1)(a) shall contain a statement offering every affected party the opportunity to make, within the period specified in the notice, written representations to the screening officer with respect to the claim for exemption and the safety data sheet or label to which it relates.
(4) Subsection 12(3) of the French version of the Act is replaced by the following:
Limitation
(3) L’avis visé à l’alinéa (1)a) ne peut fournir de renseignements faisant l’objet de la demande.
149. (1) The portion of subsection 13(1) of the Act before paragraph (a) is replaced by the following:
Duties of screening officer
13. (1) A screening officer shall review a claim for exemption and the safety data sheet or label to which it relates in accordance with the prescribed procedures and shall
(2) Paragraph 13(1)(b) of the Act is replaced by the following:
(b) decide whether the safety data sheet or label to which the claim relates, except to the extent that it does not disclose the information in respect of which the claim is made, complies with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be.
150. Subsection 14(2) of the French version of the Act is replaced by the following:
Obligation du demandeur
(2) Le destinataire de l’avis visé au paragraphe (1) communique à l’agent de contrôle, selon les modalités de forme et de temps qui y sont indiquées, les renseignements, exigés par l’avis, qu’il a à sa disposition.
151. (1) The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following:
Decision in writing
15. (1) A screening officer shall, as soon as is practicable, render a decision in writing on a claim for exemption and the safety data sheet or label to which it relates, including reasons for the decision, and shall
(2) Paragraph 15(1)(b) of the Act is replaced by the following:
(b) cause a notice of the decision to be given to each affected party who made written representations to the screening officer with respect to the claim for exemption or the safety data sheet or label to which it relates.
(3) Subsection 15(2) of the French version of the Act is replaced by the following:
Notification de la décision
(2) L’avis prévu à l’alinéa (1)b) doit contenir les renseignements nécessaires pour indiquer le sens de la décision de l’agent de contrôle et la motivation de celle-ci, sans toutefois fournir de renseignements faisant l’objet de la demande.
2007, c. 7, s. 3
152. Subsections 16.1(1) to (3) of the Act are replaced by the following:
Undertaking
16.1 (1) If a screening officer determines under paragraph 13(1)(b) that a safety data sheet or label to which a claim for exemption relates does not comply with the provisions of the Hazardous Products Act or the provisions of the Canada Labour Code, as the case may be, the screening officer may send an undertaking to the claimant setting out the measures that are required to be taken for the purpose of ensuring compliance with those provisions, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the undertaking.
Agreement by claimant
(2) If the claimant agrees with the measures set out in the undertaking, the claimant shall sign the undertaking and return it to the screening officer together with the amended safety data sheet or label.
Notice
(3) On receipt of the signed undertaking, if the screening officer is satisfied, after reviewing the safety data sheet or label, that the claimant has taken the measures set out in the undertaking in the manner and within the period specified in it, the screening officer shall send a notice to the claimant confirming their compliance with the undertaking.
2007, c. 7, s. 4
153. Subsection 17(1) of the French version of the Act is replaced by the following:
Ordre
17. (1) S’il ne reçoit pas l’engagement signé ou n’est pas convaincu que le demandeur l’a respecté, l’agent de contrôle lui ordonne de se conformer aux dispositions de la Loi sur les produits dangereux ou du Code canadien du travail, selon le cas, sauf dans la mesure où elles obligeraient le demandeur à communiquer les renseignements visés par la demande, selon les modalités de forme et de temps précisées par l’ordre.
2007, c. 7, s. 5
154. (1) Subparagraph 18(1)(a)(ii) of the Act is replaced by the following:
(ii) a notice containing any information that, in the opinion of a screening officer, should have been disclosed on any safety data sheet or label reviewed by the screening officer; and
2007, c. 7, s. 5
(2) Subparagraph 18(1)(b)(ii) of the Act is replaced by the following:
(ii) a notice containing any information that has been disclosed on any safety data sheet or label in compliance with the undertaking.
(3) Subsection 18(3) of the French version of the Act is replaced by the following:
Limitation
(3) L’avis prévu au paragraphe (1) ne peut contenir de renseignements faisant l’objet d’une demande de dérogation.
155. Subsection 24(2) of the French version of the Act is replaced by the following:
Notification de la décision
(2) L’avis visé à l’alinéa (1)b) doit contenir les renseignements nécessaires pour indiquer le sens de la décision de la commission d’appel et la motivation de celle-ci, sans toutefois fournir de renseignements faisant l’objet de la demande de dérogation.
156. Section 26 of the French version of the Act is replaced by the following:
Ordre de communication
26. (1) La commission d’appel peut ordonner au demandeur de communiquer à une partie touchée, ou à telle partie comprise dans une catégorie de parties touchées désignée par l’ordre, des renseignements qui font l’objet d’un appel d’une décision portant sur une demande de dérogation, si elle estime que, pour des raisons de santé et de sécurité, ces renseignements devraient être communiqués.
Observation de l’ordre
(2) Le demandeur visé par un ordre de communication s’y conforme selon les modalités de forme et de temps qui y sont spécifiées.
Renseignements protégés
(3) Il est interdit à la partie touchée à qui des renseignements sont communiqués en application du paragraphe (1) de les communiquer à une autre personne ou de permettre à une autre personne d’y avoir accès.
157. (1) Paragraph 27(1)(b) of the Act is replaced by the following:
(b) a notice containing any information that, in the opinion of an appeal board, should have been disclosed on any safety data sheet or label that was the subject matter of an appeal to the appeal board.
(2) Subsection 27(3) of the French version of the Act is replaced by the following:
Limitation
(3) L’avis prévu au paragraphe (1) ne peut contenir de renseignements faisant l’objet d’une demande de dérogation.
2012, c. 31, s. 278(3)
158. Subsections 46(3) and (4) of the French version of the Act are replaced by the following:
Autres exceptions
(3) Quiconque a obtenu des renseignements d’un fournisseur ou d’un employeur pour l’application de la présente loi peut les communiquer ou les faire communiquer à un médecin, ou à tout autre professionnel de la santé désigné par règlement, qui en fait la demande afin de poser un diagnostic médical à l’égard d’une personne qui se trouve en situation d’urgence ou afin de traiter celle-ci.
Conditions
(4) Il est interdit à quiconque obtient des renseignements en application des paragraphes (2) ou (3) de les communiquer sciemment à quiconque ou de permettre sciemment à quiconque d’y avoir accès, sauf dans la mesure nécessaire aux fins visées à ce paragraphe.
Transitional Provisions
Subsection 19(1) of Hazardous Materials Information Review Act
159. (1) For greater certainty, if a person who filed a claim for exemption under section 11 of the Hazardous Materials Information Review Act is, on the day on which section 147 comes into force, exempt under subsection 19(1) of that Act from a requirement in respect of which the exemption is claimed, the person continues to be so exempt after that day until the final disposition of the proceedings in relation to that claim.
Subsection 19(2) of Hazardous Materials Information Review Act
(2) For greater certainty, if a person who filed a claim for exemption under section 11 of the Hazardous Materials Information Review Act is, on the day on which section 147 comes into force, exempt under subsection 19(2) of that Act from a requirement in respect of which the claim or portion of a claim is determined to be valid, the person continues to be so exempt after that day for the remainder of the period referred to in that subsection 19(2).
Coordinating Amendments
2013, c. 40
160. On the first day on which both subsection 194(2) of the Economic Action Plan 2013 Act, No. 2 and section 142 of this Act are in force, subsection 144(4) of the Canada Labour Code is replaced by the following:
Privileged information
(4) All information that, under the Hazard-ous Materials Information Review Act, an employer is exempt from disclosing under this Act or the Hazardous Products Act and that is obtained in a work place under section 141 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 this Part.
Bill C-5
161. (1) Subsections (2) to (5) apply if Bill C-5, introduced in the 2nd session of the 41st Parliament and entitled the Offshore Health and Safety Act (in this section referred to as the “other Act”) receives royal assent.
(2) On the first day on which both section 106 of the other Act and section 147 of this Act are in force, the portion of subsection 11(2) of the Hazardous Materials Information Review Act before paragraph (a) is replaced by the following:
Claim for exemption by employer
(2) Any employer who is required, either directly or indirectly, because of the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, to disclose any of the following information may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose it by filing with the Chief Screening Officer a claim for exemption in accordance with this section:
(3) On the first day on which both section 107 of the other Act and subsection 149(2) of this Act are in force, paragraph 13(1)(b) of the Hazardous Materials Information Review Act is replaced by the following :
(b) decide whether the safety data sheet or label to which the claim relates, except to the extent that it does not disclose the information in respect of which the claim is made, complies with the provisions of the Hazard-ous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be.
(4) On the first day on which both subsection 109(1) of the other Act and section 152 of this Act are in force, subsection 16.1(1) of the Hazardous Materials Information Review Act is replaced by the following:
Undertaking
16.1 (1) If a screening officer determines under paragraph 13(1)(b) that a safety data sheet or label to which a claim for exemption relates does not comply with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, the screening officer may send an undertaking to the claimant setting out the measures that are required to be taken for the purpose of ensuring compliance with those provisions, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the undertaking.
(5) On the first day on which both subsection 110(1) of the other Act and section 153 of this Act are in force, subsection 17(1) of the French version of the Hazardous Materials Information Review Act is replaced by the following:
Ordre
17. (1) S’il ne reçoit pas l’engagement signé ou n’est pas convaincu que le demandeur l’a respecté, l’agent de contrôle lui ordonne de se conformer aux dispositions de la Loi sur les produits dangereux, du Code canadien du travail ou de la loi de mise en oeuvre, selon le cas, sauf dans la mesure où elles obligeraient le demandeur à communiquer les renseignements visés par la demande, selon les modalités de forme et de temps précisées par l’ordre.
Coming into Force
Order in council
162. The provisions of this Division, other than sections 160 and 161, come into force on a day or days to be fixed by order of the Governor in Council.
Division 4
R.S., c. I-3
Importation of Intoxicating Liquors Act
2012, c. 14, s. 1
163. Paragraph 3(2)(h) of the Importation of Intoxicating Liquors Act is replaced by the following:
(h) the importation of wine, beer or spirits from a province by an individual, if the individual brings the wine, beer or spirits or causes them to be brought into another province, in quantities and as permitted by the laws of the other province, for his or her personal consumption, and not for resale or other commercial use.
Division 5
R.S., c. J-1
Judges Act
2012, c. 31, s. 210
164. Paragraph 13(d) of the Judges Act is replaced by the following:
(d) the 144 puisne judges of the Superior Court, $288,100 each.
2012, c. 31, s. 210
165. Paragraph 20(d) of the Act is replaced by the following:
(d) the 57 other Justices of the Court of Queen’s Bench, $288,100 each.
Division 6
R.S., c. M-5
Members of Parliament Retiring Allowances Act
Amendments to the Act
166. The Members of Parliament Retiring Allowances Act is amended by adding the following after section 2.8:
SUSPENDED MEMBER
Exclusion — pensionable service
2.9 If a member is suspended from the Senate or House of Commons, as the case may be, by a majority vote of that House, the member’s pensionable service is not to include the period that begins on the day on which the suspension starts and ends on the day fixed by a majority vote of that House for the reinstatement of the member’s entitlement to accrue pensionable service.
Effect of suspension
2.91 Despite any provision of Part I, Part II or Part V, no contribution shall be paid by a member under those Parts in respect of any period referred to in section 2.9.
No election while suspended
2.92 (1) No election shall be made under Part I or Part II by a member during any period that begins on the day on which the suspension referred to in section 2.9 starts and ends on the later of the day on which a majority vote is passed by the Senate or House of Commons, as the case may be, which reinstates the member’s entitlement to accrue pensionable service and the day fixed by that vote for that reinstatement.
Subsections 10(1) and 32(1)
(2) The period referred to in subsection (1) is not to be included in the determination of the time limit for making an election under subsection 10(1) or 32(1).
No election — period of suspension
(3) No election shall be made under this Act in respect of any period referred to in section 2.9.
Transitional Provision
Member already suspended
167. If, on the day on which this Division comes into force, a person has been suspended from the Senate or House of Commons, as the case may be, by a majority vote of that House and has not had their right to accrue pensionable service reinstated by such a vote, the periods referred to in section 2.9 and subsection 2.92(1) of the Members of Parliament Retiring Allowances Act, as enacted by section 166, begin on the day on which this Division comes into force.
Division 7
R.S., c. N-5
National Defence Act
Amendments to the Act
168. Section 17 of the National Defence Act is replaced by the following:
Organization
17. (1) The Canadian Forces shall consist of those of the following elements that are from time to time organized by or under the authority of the Minister:
(a) commands, including the Royal Canadian Navy, the Canadian Army and the Royal Canadian Air Force;
(b) formations;
(c) units; and
(d) other elements.
Components
(2) A unit or other element organized under subsection (1), other than a command or a formation, shall from time to time be embodied in a component of the Canadian Forces as directed by or under the authority of the Minister.
R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 7)
169. Section 21 of the Act is replaced by the following:
Ranks of officers and non-commissioned members
21. (1) For the purposes of this Act, the ranks of the officers and non-commissioned members of the Canadian Forces shall be as set out in the schedule.
Designation
(2) A person holding a rank set out in the schedule shall use, or be referred to by, a designation of rank prescribed in regulations made by the Governor in Council but only in the circumstances prescribed in those regulations.
170. The schedule to the Act is replaced by the schedule set out in Schedule 5 to this Act.
Coming into Force
Sixty days after royal assent
171. (1) Section 168 comes into force 60 days after the day on which this Act receives royal assent.
Order in council
(2) Sections 169 and 170 come into force on a day or days to be fixed by order of the Governor in Council.
Division 8
R.S., c. 1 (2nd Supp.)
Customs Act
2005, c. 38, s. 81
172. The portion of subsection 127.1(1) of the Customs Act before paragraph (a) is replaced by the following:
Corrective measures
127.1 (1) The Minister, or any officer des-ignated by the President for the purposes of this section, may cancel a seizure made under section 110, cancel or reduce a penalty assessed under section 109.3 or an amount demanded under section 124 or refund an amount received under any of sections 117 to 119 within 90 days after the seizure, assessment or demand, if
2001, c. 25, s. 69
173. The portion of subsection 129(1) of the Act before paragraph (a) is replaced by the following:
Request for Minister’s decision
129. (1) The following persons may, within 90 days after the date of a seizure or the service of a notice, request a decision of the Minister under section 131 by giving notice to the Minister in writing or by any other means that is satisfactory to the Minister:
2001, c. 25, s. 75
174. Subsection 138(2) of the Act is replaced by the following:
Application procedure
(2) A person may apply for a decision by giving notice to the Minister in writing or by any other means that is satisfactory to the Minister.
Division 9
Atlantic Canada Opportunities Agency
R.S., c. 41 (4th Supp.), Part I
Atlantic Canada Opportunities Agency Act
175. The definition “Board” in section 3 of the Atlantic Canada Opportunities Agency Act is repealed.
1995, c. 29, ss. 2(1) and (2)(E) and s. 3; 2002, c. 17, s. 4
176. The heading before section 18 and sections 18 and 19 of the Act are repealed.
1992, c. 1, s. 10
177. Subsections 21(2) and (2.1) of the Act are repealed.
Dissolution of Board
Appointments terminated
178. (1) The members of the Atlantic Canada Opportunities Board, established by section 18 of the Atlantic Canada Opportunities Agency Act, cease to hold office on the day on which this Division comes into force.
No compensation
(2) Despite the provisions of any contract, agreement or order, no person who is appointed to hold office as a member of that Board has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by operation of this Division.
Division 10
Enterprise Cape Breton Corporation
Dissolution
Definitions
179. The following definitions apply in sections 180 to 186.
“Agency”
« Agence »
“Agency” means the Atlantic Canada Opportunities Agency established by section 10 of the Atlantic Canada Opportunities Agency Act.
“Corporation”
« Société »
“Corporation” means the Enterprise Cape Breton Corporation continued under section 27 of the Enterprise Cape Breton Corporation Act.
“Minister”
« ministre »
“Minister” means the Minister as defined in section 3 of the Atlantic Canada Opportunities Agency Act.
Dissolution
180. The Corporation is dissolved on the day on which this Division comes into force.
Transfer of assets and obligations
181. (1) On the day on which this Division comes into force,
(a) the Corporation’s assets and those of its subsidiaries, other than the real property described in paragraph (c), are transferred to the Agency;
(b) the Corporation’s obligations and those of its subsidiaries, other than those described in paragraph (d), are assumed by the Agency;
(c) the administration of all real property in which the Corporation has any right, title or interest is transferred to the Minister of Public Works and Government Services; and
(d) the Corporation’s obligations and those of its subsidiaries to former employees of the Cape Breton Development Corporation established by the Cape Bret-on Development Corporation Act that were acquired by the Corporation or its subsidiaries on December 31, 2009 are assumed by Her Majesty in right of Canada as represented by the Minister of Public Works and Government Services.
Credits transferred — Department of Public Works and Government Services
(2) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any of the Corporation’s expenditures related to any real property described in paragraph (1)(c) and any of the Corporation’s expenditures related to any of its obligations described in paragraph (1)(d), and that is unexpended, is deemed to have been appropriated to defray any expenditures of the Department of Public Works and Government Services.
Credits transferred — Agency
(3) Any money, other than the money referred to in subsection (2), that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any of the Corporation’s expenditures, and that is unexpended, is deemed to have been appropriated to defray any of the Agency’s expenditures.
Appointment to Agency
182. (1) Despite subsection 15(1) of the Atlantic Canada Opportunities Agency Act, every employee of the Corporation or of any of its subsidiaries, other than an employee described in subsection (2), is deemed, on the day on which this Division comes into force, to be a person appointed under the Public Service Employment Act to a position in the Agency and to be an employee as defined in subsection 2(1) of the Public Service Employment Act.
Appointment to Department of Public Works and Government Services
(2) Every employee of the Corporation or of any of its subsidiaries whose functions relate to any real property or obligations described in paragraph 181(1)(c) or (d), as the case may be, is deemed, on the day on which this Division comes into force, to be a person appointed under the Public Service Employment Act to a position in the Department of Public Works and Government Services and to be an employee as defined in subsection 2(1) of that Act.
Employees
(3) Every employee referred to in subsection (1) or (2) is entitled
(a) to receive in the position referred to in subsection (1) or (2) the same rate of pay that they were receiving as an employee of the Corporation or of any of its subsidiaries for as long as that rate of pay is higher than the rate of pay provided for by the terms and conditions of employment that apply or the terms and conditions of employment set out in the collective agreement that applies, as the case may be, to that position;
(b) to retain any vacation and sick leave credits that they had earned during their employment at the Corporation or at any of its subsidiaries; and
(c) to be credited with their accumulated years of service at the Corporation, at a subsidiary of the Corporation or at the Cape Breton Development Corporation established by the Cape Breton Development Corporation Act, for the purpose of determining their annual vacation entitlement in the public service.
In all other respects, the employee is governed by the terms and conditions of employment that apply or the terms and conditions of employment set out in the collective agreement that applies, as the case may be, to that position.
Appointments terminated
183. (1) The members of the Board of Directors of the Corporation cease to hold office on the day on which this Division comes into force.
No compensation
(2) Despite the provisions of any contract, agreement or order, no person who is appointed to hold office as a member of the Corporation’s Board of Directors, except the Chief Executive Officer, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Provisions not applicable
184. Subsections 91(1) and (3) of the Financial Administration Act do not apply in respect of the dissolution of, or the sale or other disposal of the assets of, any of the Corporation’s subsidiaries.
Closing out affairs
185. After the Corporation is dissolved, the Minister may do any thing and perform any act that is necessary for or incidental to closing out the Corporation’s affairs and those of its subsidiaries.
Continuation of legal proceedings
186. Any action, suit or other legal proceeding to which the Corporation or any of its subsidiaries is party that is pending in any court on the day on which this Division comes into force may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Corporation or subsidiary, as the case may be.
R.S., c. 41 (4th Supp.), Part I
Atlantic Canada Opportunities Agency Act
2002, c. 17, s. 3
187. Paragraph 13(h.1) of the Atlantic Canada Opportunities Agency Act is replaced by the following:
(h.1) acquire the assets and assume the obligations of the Enterprise Cape Breton Corporation or any of that Corporation’s subsidiaries;
(h.2) in respect of any security interest that it acquires from the Enterprise Cape Breton Corporation or any of that Corporation’s subsidiaries and that was held by that Corporation or any of those subsidiaries in respect of a loan, investment or agreement that was acquired by that Corporation or any of those subsidiaries,
(i) hold any security interest,
(ii) surrender any security interest,
(iii) realize any security interest, or
(iv) exchange, sell, assign or otherwise dispose of any security interest;
(h.3) hold or exercise, or surrender, sell, assign or otherwise dispose of, a stock option, share or other similar financial instrument that it acquires from the Enterprise Cape Breton Corporation or any of that Corporation’s subsidiaries;
(h.4) do all things, other than those mentioned in paragraphs (h.2) and (h.3), that are necessary for or incidental to the administration, management, control or disposal of the assets and obligations that it acquires or assumes from the Enterprise Cape Breton Corporation or any of that Corporation’s subsidiaries; and
Consequential Amendments
R.S., c. F-11
Financial Administration Act
1998, c. 10, s. 173
188. Paragraph 89.1(3)(b) of the Financial Administration Act is replaced by the following:
(b) a direction given under subsection 5(2) of the Canada Mortgage and Housing Corporation Act, subsection 9(2) of the Canadian Commercial Corporation Act or subsection 11(1) of the Canadian Dairy Commission Act; or
R.S., c. 41 (4th Supp.), s. 51
189. Part I of Schedule III to the Act is amended by striking out the following:
Enterprise Cape Breton Corporation
Société d’expansion du Cap-Breton