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Bill C-76

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    (b) that entry to the dwelling-place is necessary to ensure compliance with this Act; and

    (c) that entry has been refused or there are reasonable grounds for believing that entry will be refused, or that consent to entry cannot be obtained from the occupant.

Use of force

(3) An inspector executing a warrant shall not use force unless the inspector is accompa nied by a peace officer and the use of force has been specifically authorized in the warrant.

Seizure

16. (1) During an inspection under this Act, an inspector may seize and detain any thing

    (a) by means of which or in relation to which the inspector believes on reasonable grounds this Act has been contravened; or

    (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of this Act.

Storage and removal

(2) Any thing seized under this Act may, at the option of an inspector, be kept or stored in the place where it was seized or, at the direction of an inspector, be removed to any other place.

Confiscation

(3) An inspector may confiscate and dis pose of any thing that the inspector believes on reasonable grounds is a danger to human health. The power to dispose of a thing includes the power to destroy the thing.

Notice of reason for confiscation

(4) An inspector who confiscates a thing shall, as soon as is practicable, advise the owner of the thing or the person having the possession, care or control of it at the time of its confiscation of the reason for the confisca tion.

Search and seizure without warrant

17. (1) If the conditions for obtaining a warrant under section 487 of the Criminal Code exist in respect of the commission of an offence under this Act but by reason of exigent circumstances it would not be feasible to obtain the warrant, an inspector who is accompanied by a peace officer may exercise the powers of search and seizure provided in that section without a warrant.

Additional powers

(2) In the course of a search under subsec tion (1) or section 487 of the Criminal Code, an inspector has all of the powers referred to in sections 14 and 16.

Assistance to inspectors

18. (1) The owner of a place inspected or searched by an inspector pursuant to this Act, the person in charge of the place and every person found in the place shall

    (a) provide all reasonable assistance to enable the inspector to carry out any of the inspector's functions under this Act; and

    (b) furnish the inspector with the informa tion that the inspector reasonably requires for that purpose.

Obstruction

(2) No person shall obstruct or hinder, or knowingly make any false or misleading statement to, an inspector carrying out func tions under this Act or conducting a search under subsection 17(1) of this Act or section 487 of the Criminal Code.

Analysis and examination

19. (1) An inspector may submit to an analyst, for analysis or examination, any thing seized by the inspector under this Act or any sample taken under this Act.

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.

RIGHTS AND POWERS OF THE MINISTER

Administra-
tion and enforcement agreements

20. (1) The Minister may enter into an agreement with any person, federal institution or government of a province respecting the administration and enforcement of this Act.

Meaning of ``federal institution''

(2) For the purpose of subsection (1), ``federal institution'' means any department or ministry of state of the Government of Canada or any body or office listed in Schedule I to the Access to Information Act.

Customs information

21. (1) The Minister is, for the purpose of the administration and enforcement of this Act, entitled to all information related to drinking water materials obtained under the Customs Act or the Customs Tariff.

Application of section 107 of Customs Act

(2) Section 107 of the Customs Act applies in respect of all information provided to the Minister pursuant to subsection (1).

Requirement to provide information re drinking water materials

22. (1) For the purpose of determining whether a drinking water material poses a risk to human health, the Minister may require any manufacturer, importer or seller of the drink ing water material to provide the Minister, in the time specified by the Minister, with such information concerning the drinking water material as the Minister may specify.

Minister may prohibit sale

(2) Where the Minister is of the opinion that a person required to provide information in respect of a drinking water material has provided incomplete or unsatisfactory in formation, the Minister may, by notice served on the person, prohibit the person from selling the drinking water material.

Requirement to provide information re things used for manufacture

23. For the purpose of determining whether a drinking water material poses a risk to human health, the Minister may require any manufacturer, importer or seller of any thing used, or capable of being used, in the manufacture of the drinking water material to provide the Minister, in the time specified by the Minister, with such information concern ing the thing as the Minister may specify.

Minister may prohibit sale to protect health

24. (1) Where the Minister believes on reasonable grounds that a drinking water material poses or might pose a risk to human health, the Minister may, by order, direct that no person shall import or sell the drinking water material.

Exception

(2) A person does not contravene subsec tion (1) if that person returns a drinking water material to

    (a) the person who sold it to that person; or

    (b) any other person, or class of persons, specified by the Minister.

Injunction

25. (1) Where, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commis sion of an offence under this Act, the court may issue an injunction ordering any person named in the application

    (a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

    (b) to do any act or thing that it appears to the court may prevent the commission of an offence under this Act.

Notice

(2) No injunction may be issued under subsection (1) unless forty-eight hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

FEES

Fees

26. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees for the recovery of costs incurred by Her Majesty in right of Canada in relation to anything re quired or authorized under this Act, other than in relation to a search and seizure under subsection 17(1), including, without limiting the generality of the foregoing,

    (a) the inspection of a place; and

    (b) the testing, analysis, storage, removal, seizure, detention, confiscation, disposal or return of a thing.

Amount

(2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty in relation to anything done under this Act or the regulations.

Consultation

(3) Before fixing a fee under subsection (1), the Minister shall consult with such persons or organizations as the Minister considers to be interested in the matter.

Publication

(4) A fee that is fixed under subsection (1) shall be published, within thirty days after it is fixed, in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.

Reference to Committee

(5) Any fee fixed under subsection (1) shall stand referred to the Committee described in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

Regulations re fees

(6) The Treasury Board may make regula tions for the purposes of this section.

Her Majesty may recover fees

(7) Her Majesty in right of Canada may recover from any person referred to in subsec tion (8) any fees fixed under subsection (1).

Persons liable

(8) The fees under subsection (1) are recoverable from the person in respect of whom Her Majesty in right of Canada has incurred costs in relation to anything required or authorized under this Act.

Remission of fees

(9) The Minister may remit all or part of any fee fixed under subsection (1) and the interest on it.

REGULATIONS

Regulations

27. (1) The Governor in Council may make any regulations that are necessary to give effect to the purposes and provisions of this Act, including regulations

    (a) designating any thing as a drinking water material for the purposes of this Act;

    (b) exempting any drinking water material from the application of this Act or the regulations, or from any provision of this Act or the regulations, and prescribing the terms and conditions of the exemption;

    (c) prescribing standards for drinking water materials;

    (d) subject to subsection (5), respecting the sale, manufacture, preservation, storage, packaging, labelling, advertising, handling, transportation, importation or exportation of drinking water materials and the records that are to be kept and the information that must be provided to the Minister in respect of those activities;

    (e) respecting the records that must be kept and the information that must be provided to the Minister by accreditation organiza tions and by persons authorized to certify drinking water materials;

    (f) respecting the powers and duties of inspectors and analysts;

    (g) respecting the taking of samples; and

    (h) respecting the seizure, detention, con fiscation and disposal of things seized under this Act, other than pursuant to subsection 17(1).

Regulations - new substances

(2) The Governor in Council may make regulations

    (a) regulating or prohibiting the manufac ture, importation or sale of any drinking water material that is or contains a sub stance, within the meaning of the Canadian Environmental Protection Act, that was not manufactured, imported or sold in Canada before the coming into force of this para graph and that is not specified in the Domestic Substances List compiled pur suant to that Act, and requiring, before such a drinking water material can be manufac tured, imported or sold,

      (i) that a notice be given to the Minister, and

      (ii) that an assessment be conducted into whether the drinking water material is toxic within the meaning of Part II of the Canadian Environmental Protection Act; and

    (b) respecting the conduct of assessments referred to in subparagraph (a)(ii) and the information required to be produced in the course of those assessments.

Classes

(3) Regulations may be made under this section in respect of any drinking water material or any class of drinking water materials.

Incorporation by reference

(4) Regulations made under paragraph (1)(c) may incorporate by reference any standard as it exists or as it is amended from time to time.

Restriction

(5) No regulations may be made under paragraph (1)(d) that have the effect of subjecting any drinking water material for which standards have not been prescribed by the regulations to any process that requires that it be approved before it can be sold, imported or exported.

Consultations

(6) The Minister may consult such persons or organizations as the Minister considers appropriate before any regulations are made under this section.

OFFENCES AND PENALTIES

Offences

28. (1) Every person who

    (a) purports to be an accreditation organiza tion when the person has not been desig nated as such under this Act,

    (b) purports to be a person authorized to certify drinking water materials for which standards have been prescribed by the regulations when the person has not been authorized to do so under this Act,

    (c) being a person who is authorized to certify drinking water materials for which standards have been prescribed by the regulations, certifies a drinking water mate rial knowing that it does not comply with the standards or is reckless in determining that it complies with the standards,

    (d) contravenes section 9,

    (e) contravenes any of sections 10, 11 and 12,

    (f) fails to provide an inspector with all reasonable assistance or to furnish the inspector with information as required under subsection 18(1),

    (g) contravenes subsection 18(2),

    (h) fails to provide the Minister with information as required under subsection 22(1),

    (i) knowingly provides the Minister with any false or misleading information in purported compliance with subsection 22(1),

    (j) sells a drinking water material when prohibited from doing so under subsection 22(2),

    (k) fails to provide the Minister with information as required under section 23,

    (l) knowingly provides the Minister with any false or misleading information in purported compliance with section 23,

    (m) sells or imports a drinking water material when its sale or importation is prohibited under subsection 24(1),

    (n) fails to keep records, or fails to provide information, as required by regulations made under paragraph 27(1)(d) or (e), or

    (o) knowingly provides the Minister with any false or misleading information in purported compliance with regulations made under paragraph 27(1)(d) or (e)

is guilty of an offence punishable on summary conviction.

Penalty

(2) A person who is guilty of an offence under subsection (1) is liable

    (a) in respect of an offence under paragraph (1)(m), to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both; or

    (b) in respect of an offence under any of paragraphs (1)(a) to (l), (n) and (o), to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.

Offence and punishment generally

29. Every person who contravenes any provision of this Act or the regulations for which no punishment is provided by this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both.

Continuing offence

30. A person who commits or continues an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is com mitted or continued.

Offence by director or officer of corporation

31. Where a corporation commits an of fence under this Act, any director or officer of the corporation who authorizes or acquiesces in the offence is guilty of an offence and liable on summary conviction to the penalty pro vided for by this Act in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted.

Offence by employee or agent

32. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an em ployee or agent of the accused, whether or not the employee or agent is identified or has been 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 all due diligence to prevent its commission.

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