Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

HPA Section 30 - Certificate of Analyst

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30. (1) Subject to this section, a certificate of an analyst stating that the analyst has analyzed or examined a product, material or substance and stating the result of the analysis or examination is admissible in evidence in any prosecution for an offence mentioned in subsection 29(1) and in the absence of any evidence to the contrary is proof of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.

(2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

(3) No certificate shall be received in evidence pursuant to subsection (1) unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.

Interpretation / Discussion of Section 30

An analyst's certificate that verifies that a product does not comply with the Hazardous Products Act or its regulations is, by itself, evidence that is sufficient to prove an offence. Unless counsel for the accused, with the court's permission, requires that the analyst appear in court for a cross-examination of the certificate, the analyst does not need to testify. In practice, the Department is usually prepared for the analyst, or some other qualified expert, to testify in person.

However, before an analyst's certificate can be used as evidence, the Crown must notify the accused of the Crown's intent to submit an analyst's certificate into evidence and must give the accused a copy of the certificate. The copy is given to the accused to permit his or her counsel to examine the certificate and to prepare a defence, if one is available.

"Reasonable notice" means that the notice of intention to use the certificate must be given within a reasonable length of time in advance of the trial date. The length of time that is considered "reasonable" is a question of fact and will vary with the circumstances of each case. While in some cases a two days notice period has been found to be "reasonable", it is preferable to give at least two weeks notice.