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

Act current to 2014-12-08 and last amended on 2014-10-23. Previous Versions

Marginal note:Confidential business information — agreement

 The Minister may disclose confidential business information to a person or a government that carries out functions relating to the protection of human health or safety or the environment — in relation to a consumer product — without the consent of the person to whose business or affairs the information relates and without notifying that person if the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions.

Marginal note:Confidential business information — serious and imminent danger
  •  (1) The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person beforehand, disclose confidential business information about a consumer product that is a serious and imminent danger to human health or safety or the environment, if the disclosure of the information is essential to address the danger.

  • Marginal note:Disclosure of information — notification

    (2) If the Minister discloses confidential business information under subsection (1), he or she shall, not later than the next business day following the disclosure, notify the person to whose business or affairs the information relates.

  • Definition of “business day”

    (3) In this section, “business day” means a day other than a Saturday or a holiday.

Marginal note:For greater certainty

 For greater certainty, the Minister may disclose to the public information about a danger to human health or safety that a consumer product poses.

INSPECTORS

Marginal note:Number of inspectors
  •  (1) The Minister shall decide on the number of inspectors sufficient for the purpose of the administration and enforcement of this Act and the regulations.

  • Marginal note:Designation

    (2) The Minister may designate an individual as an inspector for the purpose of the administration and enforcement of this Act and the regulations.

  • Marginal note:Certificate to be produced

    (3) An inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering a place under subsection 21(1), the inspector shall, on request, produce the certificate to the person in charge of that place.

Marginal note:Obstruction and false statements

 No person shall knowingly obstruct, hinder or make a false or misleading statement either orally or in writing to an inspector who is carrying out their functions.

INSPECTION

Marginal note:Authority to enter place
  •  (1) Subject to subsection 22(1), an inspector may, for the purpose of verifying compliance or preventing non-compliance with this Act or the regulations, at any reasonable time enter a place, including a conveyance, in which they have reasonable grounds to believe that a consumer product is manufactured, imported, packaged, stored, advertised, sold, labelled, tested or transported, or a document relating to the administration of this Act or the regulations is located.

  • Marginal note:Powers

    (2) The inspector may, for the purpose referred to in subsection (1),

    • (a) examine or test anything — and take samples free of charge of an article to which this Act or the regulations apply — that is found in the place;

    • (b) open a receptacle or package that is found in the place;

    • (c) examine a document that is found in the place, make a copy of it or take an extract from it;

    • (d) seize and detain for any time that may be necessary

      • (i) an article to which this Act or the regulations apply that is found in the place, or

      • (ii) the conveyance;

    • (e) order the owner or person having possession, care or control of an article to which this Act or the regulations apply that is found in the place — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;

    • (f) use or cause to be used a computer or other device that is at the place to examine a document that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

    • (g) use or cause to be used copying equipment that is at the place and remove the copies for examination;

    • (h) take photographs and make recordings and sketches; and

    • (i) order the owner or person in charge of the place or a person who manufactures, imports, packages, stores, advertises, sells, labels, tests or transports a consumer product at the place to establish their identity to the inspector’s satisfaction or to stop or start the activity.

  • Marginal note:Conveyance

    (3) For the purpose of entering the conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

  • Marginal note:Entering private property

    (4) An inspector who is carrying out their functions and any person accompanying them may enter on or pass through or over private property.

  • Marginal note:Assistance and information to be given to inspector

    (5) The owner or person in charge of the place and every person found in the place shall give an inspector who is carrying out their functions all reasonable assistance and provide them with any information that they may reasonably require.