Bill C-14

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First Reading

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	1st Session, 36th Parliament, 46 Elizabeth II, 1997
	The House of Commons of Canada
	BILL C-14
	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
	(a) any device or article manufactured, sold or represented for use in modifying the composition, characteristics or properties of water destined to be used by humans for drinking or for washing the body, regardless of whether the water was originally fit for either of those purposes, and includes any component or accessory that is sold with any such device or article;
	(b) any chemical or biological substance, or any organism, manufactured, sold or represented as a means, when added to water, for modifying the composition, characteristics or properties of water destined to be used by humans for drinking or for washing the body, regardless of whether the water was originally fit for either of those purposes;
	(c) any component of a water supply system, other than a drinking water material referred to in paragraph (a) or (b), that is likely to come into contact with
	(i) water destined to be used by humans for drinking or for washing the body, or
	(ii) a drinking water material referred to in paragraph (b);
	(d) any thing or class of things prescribed by the regulations to be a drinking water material; and
	(e) any replacement part for a drinking water material referred to in any of paragraphs (a), (c) and (d).
``manufac- ture'' « fabriquer »	``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 distribution of water destined to be used by humans for drinking or for washing the body, and includes the plumbing of a structure or means of transportation.
Certification	(2) For the purposes of this Act, a drinking water material is certified if
	(a) a person authorized to certify the drinking water material has determined that the drinking water material meets the standards prescribed by the regulations in respect of that drinking water material and has issued a recognition of certification, in such form and manner as that person considers appropriate, in respect of that drinking water material;
	(b) the drinking water material's recognition of certification has not been revoked by the person who issued it; and
	(c) the drinking water material was manufactured, packaged or labelled during the period that the drinking water material's recognition of certification was in force, or was deemed to have been manufactured, packaged or labelled during that period by the person who issued the recognition of certification.
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 manufactured, 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
	(a) the certification and regulation of drinking water materials;
	(b) the making of national drinking water quality guidelines; and
	(c) the conduct of research into maintaining and improving the quality of drinking water.
	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 respecting
	(a) the concentrations of organisms, organic and inorganic substances and radionuclides, naturally occurring or otherwise, in drinking water;
	(b) the physical and chemical properties of drinking water;
	(c) the aesthetic characteristics of drinking water;
	(d) the methods for analysing drinking water; and
	(e) the collection, treatment, storage and distribution of water destined to be used by humans for drinking or for washing the body.
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
	(a) the factors that may affect the quality and safety of drinking water;
	(b) the safety and effectiveness of drinking water materials;
	(c) the methods for analysing drinking water; and
	(d) the collection, treatment, storage and distribution of water destined to be used by humans for drinking or for washing the body.
	The Minister may also enter into such agreements as the Minister considers appropriate for the conduct of such research and development 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.
Require- ments 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
	(a) the drinking water material is certified; and
	(b) the drinking water material meets the standards prescribed by the regulations in respect of that drinking water material, as those standards read at the time the recognition of certification was issued in respect of the drinking water material.
	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
	(a) its character, composition, manufacture, value, quantity, performance, merit, safety or intended use;
	(b) its conformity with any standard prescribed by the regulations; or
	(c) its certification.
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, characteristics or properties of water.
Represen- tations regarding health	12. No person who manufactures, imports or sells a drinking water material shall make any representation
	(a) regarding its effect on water or on human health, or
	(b) regarding the effect on human health of water that comes into contact with or that is, or is purported to be, modified by the drinking water material,
	unless the person is able to support the representation with the results of tests designed and conducted in accordance with commonly accepted 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 determined by the Minister, of the person's designation.
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 compliance 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
	(a) there is any information relating to the accrediting activities of an accreditation organization;
	(b) there is any information relating to the certification activities of a person authorized to certify drinking water materials;
	(c) drinking water materials are manufactured, preserved, stored, packaged or labelled;
	(d) there is any thing used, or capable of being used, in the manufacture of a drinking water material; or
	(e) there is any information relating to the manufacture, packaging, labelling, importation or sale of a drinking water material.

Powers of inspector during inspection	(2) An inspector who enters a place pursuant to subsection (1) may
	(a) examine any drinking water material in the place and any thing in the place that the inspector believes on reasonable grounds is used, or capable of being used, in the manufacture, preservation, storage, packaging or labelling of drinking water materials;
	(b) require any person in the place to produce for inspection, in the manner and form requested by the inspector, any drinking water material or thing referred to in paragraph (a);
	(c) open or require any person in the place to open any container or package found in the place that the inspector believes on reasonable grounds contains any drinking water material or thing referred to in paragraph (a);
	(d) take or require any person in the place to produce a sample of any drinking water material or thing referred to in paragraph (a);
	(e) conduct any test or analysis or take any measurements; and
	(f) require any person found in the place to produce for inspection or copying any written or electronic information or record that the inspector believes on reasonable grounds is relevant to the enforcement of this Act.

Operation of computer system and copying equipment	(3) In carrying out an inspection of a place under subsection (1), an inspector may
	(a) use or cause to be used any computer system in the place to search any data contained in or available to the computer system;
	(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or output for examination or copying; and
	(c) use or cause to be used any copying equipment in the place to make copies of any record found in the place.
Means of transpor- tation	(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
	(a) that the conditions for entry described in subsection 14(1) exist in relation to the dwelling-place;

Bill C-14

BILL C-14