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Bill C-13

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Personal liability	(4) No person acting under this section is personally liable for so acting, either civilly or criminally, unless it is established that the person acted in bad faith.
	INSPECTION AND ENFORCEMENT
Definitions	45. The following definitions apply in sections 47 to 62 and 65.
``information' ' « document »	``information'' means information that is recorded in any form.
``material'' « matériel »	``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.
Designation of inspectors	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.
Certificates to be produced	(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.
Entry by inspectors	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.
Inspection	(2) An inspector entering a place or conveyance may
	(a) examine any material or information that is relevant to the administration or enforcement of this Act;
	(b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any such material or information;
	(c) open and examine any receptacle or package that the inspector believes on reasonable grounds contains such material or information;
	(d) take, or require any person in the place or conveyance to produce, a sample of such material; and
	(e) conduct any test or analysis or take any measurement of such material.
Examination of information	(3) In carrying out an inspection, an inspector may
	(a) examine and make copies of or extracts from any books, documents or other records that the inspector believes on reasonable grounds contain information relevant to the administration or enforcement of this Act;
	(b) require any person to produce such books, documents or other records for examination or copying;
	(c) use or cause to be used any computer system to examine information relevant to the administration or enforcement of this Act that is contained in or available to the computer system;
	(d) reproduce such information in the form of a printout or other intelligible output for examination or copying; and
	(e) use or cause to be used any copying equipment.
Assistance and information to inspector	(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.
Warrant to enter dwelling-hous e	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).
Authority to issue warrant	(2) If, on ex parte application, a justice of the peace is satisfied by information on oath that
	(a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house,
	(b) entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and
	(c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,
	the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, subject to any conditions that may be specified in the warrant.
Use of force	(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.
Obstruction and false statements	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.
Interference	(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.
Seizure by inspector	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.
Storage and removal	(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.
Application for restoration	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.
Order of restoration	(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
	(a) the applicant is entitled to possession of it; and
	(b) it will not be required as evidence in any proceedings under this Act.
Order of later restoration	(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
	(a) on the expiry of 180 days after the date of the seizure if no proceedings under this Act have been commenced before that time; or
	(b) on the final conclusion of proceedings under this Act.
Exception	(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).
Forfeiture	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.
Forfeiture with consent	(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.
Disposal	(3) Subject to section 54, the Agency may dispose of material or information forfeited to Her Majesty in any manner that the Agency directs.
Search and seizure under warrant	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.
Where warrant not necessary	(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.
Maintaining viable gametes and embryos	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.
Disposal of material	(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
	(a) the Agency has obtained the consent of the donor, in the case of human reproductive material, or the consent of the responsible person as defined in the regulations, in any other case; or
	(b) it is disposed of in the manner prescribed by the regulations, if the Agency is not reasonably able to identify or to contact the donor or responsible person.
Return to donor	(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.
Designation of analysts	55. The Agency may designate any person as an analyst for the purpose of the enforcement of this Act.
Analysis and examination	56. (1) An inspector may submit to an analyst, for analysis or examination, any material or information seized by the inspector.
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.
Certificate of analyst	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.
Requiring attendance of analyst	(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.
Notice of intention to produce certificate	(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.
Agreements for enforcement	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.
Assistance to enforcement officers	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.
	OFFENCES
Offence and punishment	60. A person who contravenes any of sections 5 to 9 is guilty of an offence and
	(a) is liable, on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding ten years, or to both; or
	(b) is liable, on summary conviction, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding four years, or to both.
Offence and punishment	61. A person who contravenes any provision of this Act, other than sections 5 to 9, or the regulations is guilty of an offence and
	(a) is liable, on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding five years, or to both; or
	(b) is liable, on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both.
Court orders	62. A court that imposes a fine or term of imprisonment on a person in respect of an offence under this Act may
	(a) order the forfeiture and disposition, subject to section 54, of any material or information by means of which or in relation to which the offence was committed; or
	(b) on application by the Attorney General of Canada, order the person not to engage in any activity that, in the court's opinion, may lead to the commission of an offence under this Act.
Consent of Attorney General	63. A prosecution for an offence under this Act may not be instituted except with the consent of the Attorney General of Canada.
Notice to interested authorities	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.

Bill C-13

INSPECTION AND ENFORCEMENT

OFFENCES