Marginal note:Forfeiture — conviction for offence

• 27. (1) If a person is convicted of an offence under this Act, the court may order that a seized thing by means of or in relation to which the offence was committed be forfeited to Her Majesty in right of Canada.

• Marginal note:Disposal

  (2) A seized thing that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Marginal note:Forfeiture — on consent

28. If the owner of a seized thing consents to its forfeiture, the seized thing is forfeited to Her Majesty in right of Canada and may be disposed of at the expense of the owner.

Marginal note:Analysts

29. 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

• 30. (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.

Marginal note:Recall

• 31. (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

• 32. (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.