Bill C-76
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
2nd Session, 35th Parliament, 45 Elizabeth II, 1996
|
|
|
The House of Commons of Canada
|
|
|
BILL C-76 |
|
|
An Act respecting the safety and effectiveness
of materials that come into contact with
or are used to treat water destined for
human consumption
|
|
|
Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
|
|
|
SHORT TITLE |
|
Short title
|
1. This Act may be cited as the Drinking
Water Materials Safety Act.
|
|
|
INTERPRETATION |
|
Definitions
|
2. (1) The definitions in this subsection
apply in this Act.
|
|
``drinking
water
material'' « produit lié à l'eau potable »
|
``drinking water material'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``manu- facture'' « fabri- quer »
|
``manufacture'' includes produce, grow and
mine.
|
|
``Minister'' « ministre »
|
``Minister'' means the Minister of Health.
|
|
``sell'' « vendre »
|
``sell'' includes advertise for sale, offer for
sale, expose for sale, have in possession for
sale, lease and distribute, whether or not the
distribution is made for consideration.
|
|
``water supply
system'' « réseau d'alimenta- tion en eau »
|
``water supply system'' means a system for the
collection, treatment, storage or distribu
tion of water destined to be used by humans
for drinking or for washing the body, and in
cludes the plumbing of a structure or means
of transportation.
|
|
Certification
|
(2) For the purposes of this Act, a drinking
water material is certified if
|
|
|
|
|
|
|
|
|
|
|
Revocation
|
(3) For the purposes of paragraph (2)(b),
when a person authorized to certify the
drinking water material revokes a drinking
water material's recognition of certification,
the person may specify that the revocation is
applicable with respect to all or some of the
drinking water materials that were manufac
tured, packaged or labelled, or deemed to have
been manufactured, packaged or labelled,
before the day the recognition of certification
was revoked.
|
|
|
PURPOSE OF ACT |
|
Purpose of
Act
|
3. The purpose of this Act is to protect the
health of Canadians by providing for
|
|
|
|
|
|
|
|
|
|
|
|
HER MAJESTY |
|
Binding on
Her Majesty
|
4. This Act is binding on Her Majesty in
right of Canada or a province.
|
|
|
NATIONAL DRINKING WATER GUIDELINES |
|
National
guidelines
|
5. (1) In order to encourage the provision of
quality drinking water throughout Canada, the
Minister may, after having consulted the
provinces, establish national guidelines re
specting
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Guidelines not
statutory
instruments
|
(2) Guidelines made under this section are
not statutory instruments for the purposes of
the Statutory Instruments Act.
|
|
|
RESEARCH AND DEVELOPMENT |
|
Programs
|
6. (1) The Minister may undertake research
and development programs in respect of the
maintenance and improvement of the quality
of drinking water, including research and
development in respect of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The Minister may also enter into such agree
ments as the Minister considers appropriate
for the conduct of such research and develop
ment programs.
|
|
Publication of
results
|
(2) The Minister may cause the results of
any program undertaken pursuant to this
section to be published or publicized.
|
|
|
ACCREDITATION AND CERTIFICATION |
|
Accreditation
organizations
|
7. The Governor in Council may, by order,
and on such terms and conditions as may be
specified in the order, designate any suitable
organization or person as an accreditation
organization.
|
|
Powers of
accreditation
organization
|
8. An accreditation organization may, on
such terms and conditions as it may specify,
authorize persons to certify drinking water
materials for which standards have been
prescribed by the regulations.
|
|
Requirements
for
importation or
sale
|
9. A person may import or sell a drinking
water material for which standards have been
prescribed by the regulations only if
|
|
|
|
|
|
|
|
|
DECEPTIVE PRACTICES |
|
Deception
regarding
drinking
water
materials
|
10. No person who manufactures, imports
or sells a drinking water material shall make
any representation that is false, deceptive or
misleading, or is likely to create an erroneous
impression, regarding
|
|
|
|
|
|
|
|
|
|
|
Deception
regarding
properties,
etc., of water
|
11. No person shall, for the purpose of
selling a drinking water material, make any
representation that is false, deceptive or
misleading, or is likely to create an erroneous
impression, regarding the composition, char
acteristics or properties of water.
|
|
Representa- tions regarding health
|
12. No person who manufactures, imports
or sells a drinking water material shall make
any representation
|
|
|
|
|
|
|
|
|
unless the person is able to support the repre
sentation with the results of tests designed and
conducted in accordance with commonly ac
cepted scientific principles, which results
were obtained before the representation was
made.
|
|
|
ENFORCEMENT |
|
Inspections
|
13. (1) The Minister shall provide such
inspection services as the Minister considers
necessary for enforcing the provisions of this
Act.
|
|
Designation
of inspectors
and analysts
|
(2) The Minister may designate any person
or class of persons to act as an inspector or
analyst for the purposes of this Act. The
Minister shall furnish every inspector and
analyst with a certificate, in the form deter
mined by the Minister, of the person's desig
nation.
|
|
Certificate
must be
produced
|
(3) Every inspector and analyst entering a
place pursuant to this Act shall, if so required,
produce the certificate to the person in charge
of the place.
|
|
Places
inspectors
may enter
|
14. (1) For the purpose of ensuring com
pliance with this Act, an inspector may,
subject to section 15, at any reasonable time,
enter any place in which the inspector believes
on reasonable grounds
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Powers of
inspector
during
inspection
|
(2) An inspector who enters a place pur
suant to subsection (1) may
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operation of
computer
system and
copying
equipment
|
(3) In carrying out an inspection of a place
under subsection (1), an inspector may
|
|
|
|
|
|
|
|
|
|
|
Means of
transporta- tion
|
(4) For the purposes of carrying out an
inspection, an inspector may stop a means of
transportation or direct that it be moved to a
location where the inspection can be carried
out.
|
|
Power of
analyst to
enter places
|
(5) An analyst may enter any place that an
inspector may enter under this Act if the
analyst is accompanying an inspector.
|
|
Warrant
required to
enter
dwelling- place
|
15. (1) An inspector may not enter a
dwelling-place except with the consent of the
occupant or under the authority of a warrant
issued under subsection (2).
|
|
Authority to
issue warrant
|
(2) On ex parte application, a justice, as
defined in section 2 of the Criminal Code, may
issue a warrant authorizing an inspector
named in the warrant to enter a dwelling-
place, subject to any conditions specified in
the warrant, if the justice is satisfied by
information on oath
|
|
|
|
|