Bill C-56
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INSPECTION AND ENFORCEMENT |
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| Definitions
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45. The following definitions apply in
sections 47 to 62 and 65.
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| ``information'
' « document »
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``information'' means information that is
recorded in any form.
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| ``material'' « matériel »
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``material'' means an embryo or part of one, a
foetus or part of one or any human
reproductive material outside the body of a
human being, or any other thing.
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| Designation
of inspectors
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46. (1) The Agency may designate any
person employed by the government of
Canada or of a province, or having the
qualifications specified in the regulations, as
an inspector for the purpose of the
enforcement of this Act.
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| Certificates to
be produced
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(2) An inspector shall be given a certificate
in a form established by the Agency attesting
to the inspector's designation and, on entering
any place or conveyance under subsection
47(1), the inspector shall, if so required,
produce the certificate to the person in charge
of that place or conveyance.
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| Entry by
inspectors
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47. (1) Subject to section 48, an inspector
may at any reasonable time enter any place or
conveyance in which the inspector believes on
reasonable grounds that a controlled activity
is undertaken or that there is any material or
information in respect of which this Act
applies or any information pertaining to a
controlled activity.
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| Inspection
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(2) An inspector entering a place or
conveyance may
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| Examination
of information
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(3) In carrying out an inspection, an
inspector may
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| Assistance
and
information to
inspector
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(4) The owner or person in charge of a place
entered by an inspector under subsection (1)
and every person found in that place shall give
the inspector all reasonable assistance and
furnish them with any information that they
may reasonably require.
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| Warrant to
enter
dwelling-hous
e
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48. (1) Where a place referred to in
subsection 47(1) is a dwelling-house, an
inspector may not enter it without the consent
of the occupant, except under the authority of
a warrant issued under subsection (2).
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| Authority to
issue warrant
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(2) If, on ex parte application, a justice of
the peace is satisfied by information on oath
that
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the justice of the peace may issue a warrant au
thorizing the inspector named in it to enter the
dwelling-house, subject to any conditions that
may be specified in the warrant.
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| Use of force
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(3) In executing a warrant issued under
subsection (2), the inspector named in it shall
not use force unless the inspector is
accompanied by a peace officer and the use of
force has been specifically authorized in the
warrant.
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| Obstruction
and false
statements
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49. (1) No person shall obstruct or hinder, or
knowingly make any false or misleading
statement either orally or in writing to, an
inspector engaged in carrying out duties under
this Act.
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| Interference
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(2) Except with the authority of an
inspector, no person shall remove, alter or
interfere in any way with material or
information seized under this Act.
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| Seizure by
inspector
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50. (1) An inspector who enters a place or
conveyance under section 47 may seize any
material or information by means of which, or
in relation to which, the inspector believes on
reasonable grounds this Act has been
contravened.
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| Storage and
removal
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(2) An inspector may direct that seized
material or information be kept or stored in the
place where it was seized or be removed to any
other proper place.
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| Application
for restoration
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51. (1) A person from whom material or
information is seized may, within 60 days after
the date of the seizure, apply to a provincial
court judge within whose jurisdiction the
seizure was made for an order of restoration,
if the person sends the Agency a notice
containing the information prescribed by the
regulations within the time and in the manner
prescribed in the regulations.
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| Order of
restoration
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(2) The provincial court judge may order
that seized material or information be restored
immediately to the applicant if, on hearing the
application, the judge is satisfied that
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| Order of later
restoration
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(3) If, on hearing an application, a
provincial court judge is satisfied that the
applicant is entitled to possession of seized
material or information but is not satisfied as
regards paragraph (2)(b), the judge may order
that the material or information be restored to
the applicant
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| Exception
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(4) A provincial court judge may not make
an order for the restoration of material or
information if it has been forfeited by consent
under subsection 52(2).
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| Forfeiture
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52. (1) If no application is made under
subsection 51(1) for the restoration of seized
material or information within 60 days after
the date of the seizure, or an application has
been made but on the hearing of the
application no order of restoration is made, the
material or information is forfeited to Her
Majesty.
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| Forfeiture
with consent
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(2) Where an inspector has seized material
or information and the owner or the person in
whose possession it was at the time of the
seizure consents in writing to its forfeiture, the
material or information is forfeited to Her
Majesty.
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| Disposal
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(3) Subject to section 54, the Agency may
dispose of material or information forfeited to
Her Majesty in any manner that the Agency
directs.
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| Search and
seizure under
warrant
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53. (1) An inspector is a public officer for
the purposes of the application of section 487
of the Criminal Code in respect of an offence
under this Act.
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| Where
warrant not
necessary
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(2) An inspector may exercise without a
warrant any of the powers conferred by virtue
of subsection (1) if the conditions for
obtaining a warrant exist but, by reason of
exigent circumstances, it would not be
practicable to obtain a warrant.
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| Maintaining
viable
gametes and
embryos
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54. (1) The Agency shall make reasonable
efforts to preserve any viable sperm, ovum or
in vitro embryo that is seized under this Act or
the Criminal Code pending its disposition.
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| Disposal of
material
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(2) The Agency may not dispose of human
reproductive material, an in vitro embryo, a
foetus or any part of an in vitro embryo or
foetus unless
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| Return to
donor
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(3) If a donor or responsible person does not
provide consent under subsection (2), the
Agency may return the material to the donor
or responsible person or may dispose of it in
the manner prescribed by the regulations.
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| Designation
of analysts
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55. The Agency may designate any person
as an analyst for the purpose of the
enforcement of this Act.
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| Analysis and
examination
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56. (1) An inspector may submit to an
analyst, for analysis or examination, any
material or information seized by the
inspector.
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| Certificate or
report
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(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.
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| Certificate of
analyst
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57. (1) Subject to subsections (2) and (3), in
any prosecution for an offence under this Act,
a certificate purporting to be signed by an
analyst, stating that any material or
information has been analysed or examined by
the analyst and stating the results of the
analysis or examination, is admissible in
evidence and, in the absence of evidence to the
contrary, is proof of the statements contained
in the certificate without proof of the signature
or official character of the person appearing to
have signed it.
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| Requiring
attendance of
analyst
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(2) The party against whom a certificate of
an analyst is produced under subsection (1)
may, with leave of the court, require the
attendance of the analyst for the purpose of
cross-examination.
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| Notice of
intention to
produce
certificate
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(3) No certificate shall be admitted in
evidence under subsection (1) unless, before
the trial, the party intending to produce the
certificate has given reasonable notice of that
intention, together with a copy of the
certificate, to the party against whom it is
intended to be produced.
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| Agreements
for
enforcement
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58. The Agency may enter into agreements
with any department or agency of the
government of Canada or of a province or with
any law enforcement agency with respect to
the enforcement of this Act.
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| Assistance to
enforcement
officers
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59. The Agency may provide assistance to
the Attorney General of Canada or a province,
or to a peace officer or prosecutor as those
terms are defined in the Criminal Code, in the
investigation and prosecution of any offence
under this Act.
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OFFENCES |
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| Offence and
punishment
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60. A person who contravenes any of
sections 5 to 9 is guilty of an offence and
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| Offence and
punishment
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61. A person who contravenes any
provision of this Act, other than sections 5 to
9, or the regulations or the terms and
conditions of a licence is guilty of an offence
and
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| Court orders
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62. A court that imposes a fine or term of
imprisonment on a person in respect of an
offence under this Act may
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| Consent of
Attorney
General
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63. A prosecution for an offence under this
Act may not be instituted except with the
consent of the Attorney General of Canada.
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| Notice to
interested
authorities
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64. The Agency may notify any interested
authority, such as a professional licensing or
disciplinary body established under the laws
of Canada or a province, of the identity of a
person who is charged with an offence under
this Act or who there are reasonable grounds
to believe may have acted in breach of any
professional code of conduct.
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