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

Act current to 2017-11-20 and last amended on 2016-12-12. Previous Versions

Analysis

Marginal note:Analysts

 The Minister may designate any individual or class of individuals as analysts for the administration and enforcement of this Act and the regulations.

Marginal note:Analysis and examination
  •  (1) An inspector may submit to an analyst, for analysis or examination, anything seized by the inspector, or any sample of it, or any samples taken by the inspector.

  • Marginal note:Certificate or report

    (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.

Orders for Recalls and Taking Measures

Marginal note:Recall
  •  (1) If the Minister believes on reasonable grounds that a consumer product is a danger to human health or safety, he or she may order a person who manufactures, imports or sells the product for commercial purposes to recall it.

  • Marginal note:Notice

    (2) The order shall be provided in the form of a written notice and must include

    • (a) a statement of the reasons for the recall; and

    • (b) the time and manner in which the recall is to be carried out.

Marginal note:Taking measures
  •  (1) The Minister may order a person who manufactures, imports, advertises or sells a consumer product to take any measure referred to in subsection (2) if

    • (a) that person does not comply with an order made under section 12 with respect to the product;

    • (b) the Minister has made an order under section 31 with respect to the product;

    • (c) the Minister believes on reasonable grounds that the product is the subject of a measure or recall undertaken voluntarily by the manufacturer or importer; or

    • (d) the Minister believes on reasonable grounds that there is a contravention of this Act or the regulations in relation to the product.

  • Marginal note:Measures

    (2) The measures include

    • (a) stopping the manufacturing, importation, packaging, storing, advertising, selling, labelling, testing or transportation of the consumer product or causing any of those activities to be stopped; and

    • (b) any measure that the Minister considers necessary to remedy a non-compliance with this Act or the regulations, including any measure that relates to the product that the Minister considers necessary in order for the product to meet the requirements of the regulations or to address or prevent a danger to human health or safety that the product poses.

  • Marginal note:Notice

    (3) The order shall be provided in the form of a written notice and must include

    • (a) a statement of the reasons for the measure; and

    • (b) the time and manner in which the measure is to be carried out.

Marginal note:Recall or measures taken by Minister

 If a person does not comply with an order made under section 31 or 32 within the time specified, the Minister may, on his or her own initiative and at that person’s expense, carry out the recall or measure required.

Review of Orders for Recalls and Taking Measures

Marginal note:Review officer

 The Minister may designate any individual or class of individuals that are qualified as review officers for the purpose of reviewing orders under section 35.

Marginal note:Request for review
  •  (1) Subject to any other provision of this section, an order that is made under section 31 or 32 shall be reviewed on the written request of the person who was ordered to recall a consumer product or to take another measure — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.

  • Marginal note:Contents of and time for making request

    (2) The written request must state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided or, in the event of a serious and imminent danger to human health or safety, any shorter period that may be specified in the order.

  • Marginal note:No authority to review

    (3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

  • Marginal note:Reasons for refusal

    (4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.

  • Marginal note:Review initiated by review officer

    (5) A review officer — other than the individual who made the order — may review an order, whether or not a request is made under subsection (1).

  • Marginal note:Order in effect

    (6) An order continues to apply during a review unless the review officer decides otherwise.

  • Marginal note:Completion of review

    (7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.

  • Marginal note:Extension of period for review

    (8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.

  • Marginal note:Reasons for extension

    (9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.

  • Marginal note:Decision on completion of review

    (10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.

  • Marginal note:Notice

    (11) The person who made the request or, if there is no request, the person who was ordered to recall the consumer product or to take another measure shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).

  • Marginal note:Effect of amendment

    (12) An order that is amended is subject to review under this section.

Injunction

Marginal note:Court
  •  (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do an act or thing that constitutes or is directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person who is named in the application to

    • (a) refrain from doing an act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

    • (b) do an act or thing that it appears to the court may prevent the commission of an offence under this Act.

  • Marginal note:Notice

    (2) No injunction shall be issued under subsection (1) unless 48 hours’ notice is served to the party or parties who are named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Costs

Marginal note:Recovery
  •  (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under the provisions of this Act, except section 64, or the regulations, including

    • (a) the storage, movement or disposal of a thing; or

    • (b) the recall or measure carried out under section 33.

  • Marginal note:Time limit

    (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.

  • 2016, c. 9, s. 66.
Marginal note:Certificate of default
  •  (1) Any debt that may be recovered under subsection 36.1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

  • Marginal note:Judgment

    (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

  • 2016, c. 9, s. 66.
 
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