Bill C-648

2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-648

An Act respecting the prevention of potential health risks from radiofrequency electromagnetic radiation

Whereas there is a growing use of radio apparatus among Canadians, who are thereby exposed to the radiofrequency electromagnetic fields emitted by such apparatus;

Whereas there is a growing awareness of and concern about environmental exposure to radiofrequency radiation associated with the transmission of signals for wireless telecom-munication and about personal exposure to such radiation through the use of radio apparatus, which may have long-term health effects;

Whereas the International Agency for Research on Cancer has classified radiofrequency electromagnetic fields as “possibly carcinogenic to humans (Group 2B) based on an increased risk for glioma, a malignant type of brain cancer, associated with wireless phone use”;

Whereas it is in the interest of all Canadians to be warned of potential health hazards associated with the use of radio apparatus, thus enabling them to make informed choices;

And whereas a warning label will serve to increase awareness among Canadians of the potential health hazards linked to the use of radio apparatus;

Now, therefore, Her Majesty, by and with the advice and consent of the House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Warning Labels for Radio Apparatus Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Minister” means the Minister of Industry.

“radio apparatus” means a device or combination of devices intended for, or capable of being used for, radiocommunication.

PROHIBITION

3. It is prohibited for anyone to sell a radio apparatus for use by the general public without a warning label — affixed to the apparatus or to the outside of its packaging — that is in the form prescribed by regulations and that contains the information set out in subsection 4(2).

WARNING LABELS

4. (1) The warning label must be clearly visible and affixed to any radio apparatus for use by the general public or to the outside packaging of any such radio apparatus at any point of sale

(a) in a retail outlet in Canada; or

(b) on a web site engaging in commerce in Canada.

(2) The warning label must include the following information:

(a) a reference to the classification, by the International Agency for Research on Cancer, which is part of the World Health Organization, of radiofrequency electromagnetic fields as possibly carcinogenic to humans;

(b) a reference to the various potential health risks from exposure to the radiofrequency electromagnetic radiation from radio apparatus;

(c) an identifiable symbol for non-ionizing radiation hazard;

(d) an indication of the radio apparatus’ origin, including the name and address of its manufacturer or distributor; and

(e) any additional information prescribed by regulations that relates to potential health risks from exposure to radiofrequency electromagnetic radiation.

(3) Within six months after the coming into force of this Act, the Minister must make regulations prescribing the form of the warning labels and any information to be printed on the labels.

ANNUAL REVIEW

5. The Minister must, on an annual basis, review the content of the warning label and, if appropriate because of advances in scientific knowledge related to radiofrequency electromagnetic radiation from radio apparatus, prescribe by regulation any information to be added or removed from the warning labels.

REGULATIONS

6. The Minister may make regulations

(a) respecting the position and dimensions of the warning label referred to in subsection 4(1) so as to ensure maximum visibility;

(b) respecting the printing of the warning label referred to in subsection 4(1) in clearly legible and indelible characters;

(c) respecting any information that relates to potential health risks from exposure to radiofrequency electromagnetic radiation to be printed on the warning labels referred to in subsection 4(1);

(d) respecting the dissemination of information that relates to the safe use of radio apparatus;

(e) requiring persons who sell radio apparatus to maintain such books and records as the Minister considers necessary for the proper enforcement and administration of this Act and the regulations;

(f) providing for the sampling, testing, inspection and analysis of radio apparatus;

(g) providing for the manner and conditions of sampling, testing and analysis;

(h) designating laboratories to perform testing and analysis;

(i) prescribing anything that may be prescribed under this Act; and

(j) as the Minister considers necessary for carrying out the purposes and provisions of this Act.

OFFENCES AND PUNISHMENT

7. (1) Every person who contravenes any provision of this Act or the regulations made under this Act is guilty of an offence and is liable

(a) on summary conviction, to a fine not exceeding $50,000; or

(b) on conviction on indictment, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both.

(2) If a person other than an individual commits an offence under this Act, any of the person's officers, directors, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for by this Act, whether or not the person is prosecuted for the offence.

(3) No person may be convicted of an offence under this Act in relation to the sale of a radio apparatus if the apparatus in relation to which the offence was committed was received by, or was in transit to, the person from a supplier before the coming into force of this Act.

(4) If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

COMING INTO FORCE

8. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.