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Bill C-14

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Limitation period

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.

EVIDENTIARY PROVISIONS

Certified copies and extracts

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.

Certificate or report of analyst as proof

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.

Notice

(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.

Attendance of analyst

(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.

ORDERS OF COURT

Orders of court

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:

    (a) prohibiting the offender from doing any act or engaging in any activity that may result in the continuation or repetition of the offence;

    (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;

    (c) directing the offender to publish, in the manner prescribed by the court, the facts relating to the commission of the offence;

    (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;

    (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;

    (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;

    (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;

    (h) directing the offender to perform community service, subject to such reasonable conditions as may be imposed in the order;

    (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

    (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.

Publication

(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.

Debt due to Her Majesty

(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.

Coming into force and duration of order

(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.

CONSEQUENTIAL AMENDMENT

R.S., c. H-3

Hazardous Products Act

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):

    (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.

COMING INTO FORCE

Coming into force

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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