| Limitation
period
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33. No proceedings for an offence under
this Act may be instituted after two years from
the time when the subject-matter of the
proceedings arose.
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| Certified
copies and
extracts
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34. In a prosecution for an offence under
this Act, a copy of a record, or an extract taken
from it, that is certified to be a true copy by the
inspector is admissible in evidence and is, in
the absence of evidence to the contrary, proof
of its contents.
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| Certificate or
report of
analyst as
proof
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35. (1) Subject to subsections (2) and (3), a
certificate or report purporting to be signed by
an analyst stating that the analyst has analysed
any thing to which this Act applies and stating
the result of the analysis, is admissible in
evidence in any prosecution for an offence
under this Act without proof of the signature
or official character of the person appearing to
have signed the certificate or report.
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| Notice
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(2) No certificate or report shall be received
in evidence pursuant to subsection (1) unless
the party intending to produce it has, before
the trial, given the party against whom it is
intended to be produced reasonable notice of
that intention together with a copy of the
certificate or report.
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| Attendance of
analyst
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(3) The party against whom a certificate or
report is produced pursuant to subsection (1)
may, with leave of the court, require the
attendance of the analyst for the purpose of
cross-examination.
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| Orders of
court
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36. (1) Where an offender has been
convicted of an offence under this Act, in
addition to any other punishment that may be
imposed under this Act, the court may, having
regard to the nature of the offence and the
circumstances surrounding its commission,
make an order having any or all of the
following effects:
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(a) prohibiting the offender from doing any
act or engaging in any activity that may
result in the continuation or repetition of the
offence;
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(b) directing the offender to take such action
as the court considers appropriate to
remedy or avoid any harm that results or
may result from the act or omission that
constituted the offence;
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(c) directing the offender to publish, in the
manner prescribed by the court, the facts
relating to the commission of the offence;
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(d) directing the offender to notify, in the
manner prescribed by the court, any person
aggrieved or affected by the offender's
conduct of the facts relating to the
commission of the offence;
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(e) directing the offender to post such bond
or pay such amount of money into court as
will ensure compliance with any order
made pursuant to this section;
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(f) directing the offender to submit to the
Minister, on application by the Minister
made within three years after the date of
conviction, such information with respect
to the activities of the offender as the court
considers appropriate and just in the
circumstances;
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(g) directing the offender to compensate the
Minister, in whole or in part, for the cost of
any remedial or preventive action taken by
or caused to be taken on behalf of the
Minister as a result of the act or omission
that constituted the offence;
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(h) directing the offender to perform
community service, subject to such
reasonable conditions as may be imposed in
the order;
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(i) directing the offender to pay an amount
for the purposes of conducting research into
such matters relating to drinking water as
the court considers appropriate; or
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(j) requiring the offender to comply with
any other reasonable conditions as the court
considers appropriate and just in the
circumstances for securing the offender's
good conduct and for preventing the
offender from repeating the same offence or
committing other offences.
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| Publication
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(2) Where an offender fails to comply with
an order made under paragraph (1)(c) or (d),
the Minister may publish the facts relating to
the offence, or give appropriate notice, as the
case may be, and recover the costs of doing so
from the offender.
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| Debt due to
Her Majesty
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(3) Where the court makes an order under
paragraph (1)(g) directing an offender to pay
costs or the Minister incurs costs under
subsection (2), the costs constitute a debt due
to Her Majesty in right of Canada and may be
recovered as such in any court of competent
jurisdiction.
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| Coming into
force and
duration of
order
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(4) An order made under subsection (1)
comes into force on the day on which it is
made or on such other day as the court may
determine and shall not continue in force for
more than three years after that day.
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| R.S., c. H-3
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37. Subsection 3(1) of the Hazardous
Products Act is amended by striking out the
word ``or'' at the end of paragraph (c), by
adding the word ``or'' at the end of para
graph (d) and by adding the following after
paragraph (d):
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(e) drinking water material within the
meaning of the Drinking Water Materials
Safety Act, except where the drinking water
material has been exempted from the
application of the whole of that Act
pursuant to a regulation made under
paragraph 27(1)(b) of that Act.
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| Coming into
force
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38. This Act or any of its provisions comes
into force on a day or days to be fixed by
order of the Governor in Council.
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