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1、Hazardous Products Act ( R.S., 1985, c. H-3 ) Disclaimer: These documents are not the official versions. Act current to May 19th, 2007 Attention: See coming into force provision and notes, where applicable. Hazardous Products Act H-3 An Act to prohibit the advertising, sale and importation of hazard
2、ous products SHORT TITLE Short title 1. This Act may be cited as the Hazardous Products Act. R.S., c. H-3, s. 1. INTERPRETATION Definitions 2. In this Act, “advertise“ publicit “advertise“ , in relation to a prohibited product or restricted product, includes any representation by any means whatever
3、for the purpose of promoting directly or indirectly the sale or other disposition of the product; “analyst“ analyste “analyst“ means any person designated as an analyst under the Food and Drugs Act or pursuant to subsection 21(1); “controlled product“ produit contrl “controlled product“ means any pr
4、oduct, material or substance specified by the regulations made pursuant to paragraph 15(1)(a) to be included in any of the classes listed in Schedule II; “hazardous product“ produit dangereux “hazardous product“ means any prohibited product, restricted product or controlled product; “import“ importe
5、r “import“ means to import into Canada; “inspector“ inspecteur “inspector“ means any person designated as an inspector pursuant to subsection 21(1); “Minister“ ministre “Minister“ means the Minister of Health; “prohibited product“ produit interdit “prohibited product“ means any product, material or
6、substance included in Part I of Schedule I; “restricted product“ produit limit “restricted product“ means any product, material or substance included in Part II of Schedule I; “sell“ vendre “sell“ includes offer for sale, expose for sale and distribute. R.S., 1985, c. H-3, s. 2; R.S., 1985, c. 24 (3
7、rd Supp.), s. 1; 1992, c. 1, s. 145(F); 1996, c. 8, s. 25. PART I PROHIBITED AND RESTRICTED PRODUCTS APPLICATION Restrictions on application 3. (1) This Part does not apply in respect of the advertising, sale or importation of any (a) explosive within the meaning of the Explosives Act; (b) cosmetic,
8、 device, drug or food within the meaning of the Food and Drugs Act; (c) pest control product as defined in subsection 2(1) of the Pest Control Products Act; or (d) nuclear substance, within the meaning of the Nuclear Safety and Control Act, that is radioactive. Restrictions on application (2) This P
9、art does not apply to the advertising, sale or importation of a tobacco product as defined in section 2 of the Tobacco Act or the advertising of lighters or matches that display a tobacco product-related brand element, except to the extent that a cigarette described in item 41 of Part I of Schedule
10、I is a prohibited product. Minister to report to Parliament (3) If the Governor in Council does not make a regulation under paragraph 5(b.1) on or before June 30, 2004, (a) the Minister shall prepare a report; (b) the Minister shall cause a copy of the report to be tabled in each House of Parliament
11、 on any of the first ten days on which that House is sitting after June 30, 2004; and (c) each House shall refer the report to the appropriate Committee of that House. Report to explain why no regulation (4) The report is to include (a) an explanation as to why the regulation has not been made; (b)
12、a schedule for the making of the regulation; (c) a list of the safe-cigarette legislation in force in North America; and (d) summaries of any scientific studies that have been reviewed by the Minister during the process of establishing the flammability standards to be used to test cigarettes. R.S.,
13、1985, c. H-3, s. 3; R.S., 1985, c. 24 (3rd Supp.), s. 1, c. 15 (4th Supp.), s. 9; 1989, c. 7, s. 2; 1997, c. 9, s. 104, c. 13, s. 61; 2002, c. 28, s. 85; 2004, c. 9, s. 1. PROHIBITIONS Prohibited products 4. (1) No person shall advertise, sell or import a prohibited product. Restricted products (2)
14、No person shall advertise, sell or import a restricted product except as authorized by the regulations made under section 5. R.S., 1985, c. H-3, s. 4; R.S., 1985, c. 24 (3rd Supp.), s. 1. REGULATIONS Regulations 5. The Governor in Council may make regulations (a) authorizing the advertising, sale or
15、 importation of any restricted product and prescribing the circumstances and conditions under which and the persons by whom the restricted product may be advertised, sold or imported; (b) prescribing the procedures to be followed by a board of review established pursuant to section 9 in conducting a
16、n inquiry; (b.1) prescribing the method and flammability standard to be used to test cigarettes; and (c) generally for carrying out the purposes and provisions of this Part. R.S., 1985, c. H-3, s. 5; R.S., 1985, c. 24 (3rd Supp.), s. 1; 2004, c. 9, s. 2. INTERIM ORDERS Interim orders regulations 5.1
17、 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Interim orders section 6 (2) The Min
18、ister may make an interim order in which any power referred to in section 6 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Cessation of effect (3) An interim order has effect from the tim
19、e 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) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that h
20、as the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and (d) one year after the interim order
21、is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (4) 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 u
22、nless 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. Exemption from Statutory Instruments Act (5) A
23、n 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. Deeming (6) For the purpose of any provision of this Part other than this section, any reference to regulatio
24、ns 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 provi
25、sion. Tabling of order (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting. 2004, c. 15, s. 67. A
26、MENDMENTS TO SCHEDULE I Additions to Schedule I 6. (1) The Governor in Council may, by order, amend Part I or II of Schedule I by adding thereto (a) any product, material or substance that is or contains a poisonous, toxic, flammable, explosive, corrosive, infectious, oxidizing or reactive product,
27、material or substance or other product, material or substance of a similar nature that the Governor in Council is satisfied is or is likely to be a danger to the health or safety of the public; or (b) any product designed for household, garden or personal use, for use in sports or recreational activ
28、ities, as life-saving equipment or as a toy, plaything or equipment for use by children that the Governor in Council is satisfied is or is likely to be a danger to the health or safety of the public by reason of its design, construction or contents. Deletions from Schedule I (2) The Governor in Coun
29、cil may, by order, amend Part I or II of Schedule I by deleting therefrom any product, material or substance if the Governor in Council is satisfied that the inclusion of the product, material or substance in that Part is no longer necessary. For greater certainty (3) For greater certainty, an order
30、 made pursuant to subsection (1) may describe a product, material or substance added thereby to Part I or II of Schedule I by reference to any properties or characteristics of the product, material or substance or by reference to any other criteria and any product, material or substance that has tho
31、se properties or characteristics or meets those criteria shall, for the purposes of this Act, be deemed to have been added by the order to Part I or II, as the case may be, of Schedule I. Incorporation by reference (4) An order made pursuant to subsection (1) incorporating a law, standard or specifi
32、cation by reference may incorporate that law, standard or specification as amended from time to time. (5) Repealed, 1996, c. 8, s. 26 R.S., 1985, c. H-3, s. 6; R.S., 1985, c. 24 (3rd Supp.), s. 1; 1996, c. 8, s. 26. Tabling of orders 7. (1) The Minister shall cause a copy of each order made pursuant
33、 to subsection 6(1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the order is made. Revocation of order by resolution (2) If both Houses of Parliament resolve that an order or any part of an order made pursuant to subsection
34、 6(1) should be revoked, the order or that part thereof is thereupon revoked. R.S., 1985, c. H-3, s. 7; R.S., 1985, c. 24 (3rd Supp.), s. 1. BOARD OF REVIEW Request for reference to Board 8. Where a product, material or substance is added to Part I or II of Schedule I by an order made pursuant to su
35、bsection 6(1), any manufacturer or distributor of that product, material or substance or any person having that product, material or substance in possession for sale may, within sixty days after the date of the making of the order, request the Minister to refer the order to a board of review. R.S.,
36、1985, c. H-3, s. 8; R.S., 1985, c. 24 (3rd Supp.), s. 1. Establishment of Board 9. (1) On receipt of a request described in section 8, the Minister shall establish a board of review, in this section referred to as the “Board”, consisting of not more than three persons and shall refer the order in re
37、spect of which the request was made to the Board. Duties (2) The Board shall inquire into the nature and characteristics of any product, material or substance to which an order referred to it under subsection (1) applies and shall give the person making the request and any other person affected by t
38、he order a reasonable opportunity of appearing before the Board, presenting evidence and making representations to it. Powers (3) The Board has all the powers that are or may be conferred by or under sections 4, 5 and 11 of the Inquiries Act on commissioners appointed under Part I of that Act. Repor
39、t (4) The Board, as soon as possible after the conclusion of its inquiry, shall submit a report with its recommendations to the Minister, together with all evidence and other material that was before the Board. Publication of report (5) Any report of the Board shall, within thirty days after its rec
40、eipt by the Minister, be made public by the Minister, unless the Board states in writing to the Minister that it believes the public interest would be better served by withholding publication, in which case the Minister may decide whether the report, either in whole or in part, shall be made public.
41、 Copies of report (6) The Minister may publish and supply copies of a report referred to in subsection (4) in such manner and on such terms as the Minister deems proper. R.S., 1985, c. H-3, s. 9; R.S., 1985, c. 24 (3rd Supp.), s. 1. DISCLOSURE Ministers request for disclosure 10. (1) Where the Minis
42、ter has reason to believe that a product, material or substance is a product, material or substance that may be added to Part I or II of Schedule I by an order made pursuant to subsection 6(1), the Minister may, by registered mail, send a written notice to any manufacturer of the product, material o
43、r substance requesting the disclosure of information relating to the formula, composition, chemical ingredients or hazardous properties of the product, material or substance and such other information as the Minister deems necessary for the purpose of determining whether the product, material or sub
44、stance is or is likely to be a danger to the health or safety of the public. Disclosure (2) Every manufacturer to whom a notice referred to in subsection (1) is sent shall disclose to the Minister, in the manner and within the period specified in the notice, any information described in that subsect
45、ion that is requested in the notice and is in the possession of the manufacturer. Information privileged (3) Information received by the Minister from a manufacturer pursuant to subsection (1) is privileged and shall not be disclosed to any other person except as may be necessary for the administrat
46、ion or enforcement of this section or for the purposes of section 6. R.S., 1985, c. H-3, s. 10; R.S., 1985, c. 24 (3rd Supp.), s. 1. PART II CONTROLLED PRODUCTS INTERPRETATION Definitions 11. (1) In this Part, “bulk shipment“ expdition en vrac “bulk shipment“ has the meaning assigned by regulation;
47、“container“ contenant “container“ includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle but does not include a storage tank; “hazard symbol“ signal de danger “hazard symbol“ includes any design, mark, pictogram, sign, letter, word, number, abbreviation or any comb
48、ination thereof that is to be displayed on a controlled product, or a container in which a controlled product is packaged, in order to show the nature of the hazard of the controlled product; “hazardous waste“ rsidu dangereux “hazardous waste“ has the meaning assigned by regulation; “Ingredient Disc
49、losure List“ liste de divulgation des ingrdients “Ingredient Disclosure List“ means the Ingredient Disclosure List established by the Governor in Council pursuant to subsection 17(1); “label“ Version anglaise seulement “label“ includes any mark, sign, device, stamp, seal, sticker, ticket, tag or wrapper; “manufactured article“ article manufactur “manufactured article“ means any article that is formed to a specific shape or design during manufacture, the intended