Canada Consumer Product Safety Act (S.C. 2010, c. 21)

Act current to 2014-09-01 and last amended on 2011-06-20. Previous Versions

Penalties

Marginal note:Payment
  •  (1) If the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in a notice of violation that may be paid in lieu of the penalty,

    • (a) they are deemed to have committed the violation in respect of which the amount is paid;

    • (b) the Minister shall accept that amount as complete satisfaction of the penalty; and

    • (c) the proceedings commenced in respect of the violation under section 52 are ended.

  • Marginal note:Alternatives to payment

    (2) Instead of paying the penalty set out in a notice of violation or, if applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner,

    • (a) if the penalty is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the order to which the violation relates; or

    • (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

  • Marginal note:Deeming

    (3) If the person named in the notice of violation does not pay the penalty in the prescribed time and manner or, if applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice.

Compliance Agreements

Marginal note:Compliance agreements
  •  (1) After considering a request under paragraph 53(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister, which terms and conditions may

    • (a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

    • (b) provide for the reduction, in whole or in part, of the penalty for the violation.

  • Marginal note:Deeming

    (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.

  • Marginal note:If compliance agreement complied with

    (3) If the Minister is satisfied that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be provided to the person, at which time

    • (a) the proceedings commenced in respect of the violation under section 52 are ended; and

    • (b) any security given by the person under the compliance agreement shall be returned to the person.

  • Marginal note:If compliance agreement not complied with

    (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause a notice of default to be provided to the person to the effect that

    • (a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the prescribed time and manner, twice the amount of that penalty and, for greater certainty, subsection 50(2) does not apply in respect of that amount; or

    • (b) the security, if any, given by the person under the compliance agreement shall be forfeited to Her Majesty in right of Canada.

  • Marginal note:Effect of notice of default

    (5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice any amount they spent under the compliance agreement and

    • (a) is liable to pay the amount set out in the notice; or

    • (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 52 are ended.

  • Marginal note:Effect of payment

    (6) If a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner,

    • (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and

    • (b) the proceedings commenced in respect of the violation under section 52 are ended.