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

Marginal note:Refusal to enter into compliance agreement

• 55. (1) If the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 53(2)(a), the person who made the request is liable to pay the amount of the penalty in the prescribed time and manner.

• Marginal note:Effect of payment

  (2) If a person pays the amount referred to in subsection (1),

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

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

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

• Marginal note:Deeming

  (3) If a person does not pay the amount referred to in subsection (1) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice of violation.

Marginal note:Review — with respect to facts

• 56. (1) On completion of a review requested under paragraph 53(2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister shall determine whether the person requesting the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the regulations, the Minister shall correct the amount and cause a notice of any decision under this subsection to be provided to the person who requested the review.

• Marginal note:Review — with respect to penalty

  (2) On completion of a review requested under paragraph 53(2)(b), with respect to the amount of the penalty, if the Minister determines that the amount of the penalty was not established in accordance with the regulations, the Minister shall correct the amount and cause a notice of any decision under this subsection to be provided to the person who requested the review.

• Marginal note:Payment

  (3) If the Minister determines under subsection (1) that a person committed a violation, the person is liable to pay the amount of the penalty confirmed or corrected in that decision in the prescribed time and manner.

• Marginal note:Effect of payment

  (4) If a person pays the amount referred to in subsection (3),

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

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

• Marginal note:Written evidence and submissions

  (5) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether a penalty was established in accordance with the regulations.

Marginal note:Debts to Her Majesty

• 57. (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:

  • (a) the amount of a penalty, from the time the notice of violation setting out the penalty is provided;

  • (b) every amount set out in a compliance agreement entered into with the Minister under subsection 54(1), from the time the compliance agreement is entered into;

  • (c) the amount set out in a notice of default referred to in subsection 54(4), from the time the notice is provided;

  • (d) the amount of a penalty as set out in a decision of the Minister under subsection 56(1) or (2), from the time the notice under that subsection is provided; and

  • (e) the amount of any reasonable expenses incurred under section 64, from the date they are incurred.

• Marginal note:Time limit

  (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.

• Marginal note:Debt final

  (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 53 to 56.