You are incorrect. The Act specifies that nobody may make available to the public a hazardous device of any kind. Therefore, if you build one, as a hobbyist, and sell it or give it away, you are in violation of the Act.
HERE IS THE ACT IN LAW>
AGAIN READ CAREFULLY.
The law pertains to the packaging of devices. Appropriate safety labeling has been done.
Some laser companies are shipping IIIB devices labeled as Class IIa .. etc.
Knowingly sell a dangerous product without appropriately labelling the product as such putting the public at risk. Microwaves, UHF, lasers, Gamma Radiation X-rays... etc.
This is the primary target.
I posted the full act so that all can see. I think we need to take a look at it carefully before jumping to conclusions that the sky is falling.
RESTRICTION ON APPLICATION OF ACT
Marginal note
evices and vehicles to which Act not to apply
3. This Act does not apply to
(a) a radiation emitting device that is designed primarily for the production of nuclear energy within the meaning of the Nuclear Safety and Control Act; or
(b) a motor vehicle within the meaning of the Motor Vehicle Safety Act.
R.S., 1985, c. R-1, s. 3; 1997, c. 9, s. 121.
PROHIBITIONS
Marginal note:Sale, lease, importation
4. Except as authorized by regulations made under paragraph 13(1)(c), no person shall sell, lease or import into Canada a radiation emitting device if the device
(a) does not comply with the standards, if any, prescribed under paragraph 13(1)(b) and applicable thereto; or
(b) creates a risk to any person of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it
(i) does not perform according to the performance characteristics claimed for it,
(ii) does not accomplish its claimed purpose, or
(iii) emits radiation that is not necessary in order for it to accomplish its claimed purpose.
R.S., c. 34(1st Supp.), s. 4; 1984, c. 23, s. 2.
Marginal note
eception
5. (1) No person shall label, package or advertise a radiation emitting device in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its design, construction, performance, intended use, character, value, composition, merit or safety.
Marginal note:Limitation
(2) Subsection (1) applies only in relation to representations relating to the emission of radiation.
Marginal note:Regulations re labelling, etc.
(3) No person shall fail to comply with the regulations respecting the labelling, packaging or advertising of radiation emitting devices.
R.S., c. 34(1st Supp.), s. 5; 1984, c. 23, s. 2.
NOTIFICATION
Marginal note:Minister to be notified of non-compliance or defect
6. (1) Where a person who is the manufacturer or importer of a radiation emitting device becomes aware, after the device has left the person’s premises, of the fact that the device
(a) does not comply with the standards, if any, prescribed under paragraph 13(1)(b) and applicable thereto, or
(b) creates a risk to any person of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it
(i) does not perform according to the performance characteristics claimed for it,
(ii) does not accomplish its claimed purpose, or
(iii) emits radiation that is not necessary in order for it to accomplish its claimed purpose,
the person shall forthwith notify the Minister.
Marginal note:Minister may order notification
(2) Where the Minister determines,
(a) after being notified pursuant to subsection (1), or
(b) through the Minister’s own investigation, research, inspection or testing,
that a radiation emitting device falls under paragraph (1)(a) or (b), the manufacturer or importer of the device shall, if directed by the Minister, notify such persons as the Minister requires of the defect or non-compliance, by such method, giving such details and within such time period as are specified by the Minister.
R.S., c. 34(1st Supp.), s. 6; 1984, c. 23, s. 2.