Consumer Packaging and Labelling Act (R.S.C., 1985, c. C-38)

Act current to 2017-09-27 and last amended on 2015-02-26. Previous Versions

Marginal note:Application to extend period of detention
  •  (1) Where proceedings have not been instituted in respect of the contravention in relation to which any product or other thing was seized and detained pursuant to subsection 15(1), the Minister may, before the expiration of the period referred to in paragraph 15(4)(c) and on the serving of prior notice in accordance with subsection (2) on the owner of the product or other thing or on the person in whose possession the product or other thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the time during which the product or other thing may be detained.

  • Marginal note:Notice of application

    (2) The notice referred to in subsection (1) shall be served by personal service at least five clear days prior to the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days prior to that day and shall specify

    • (a) the provincial court judge to whom the application is to be made;

    • (b) the place where and the time when the application is to be heard, which time shall be not later than ten days after service of the notice;

    • (c) the product or other thing in respect of which the application is to be made; and

    • (d) the evidence on which the Minister intends to rely to show why the time during which the product or other thing may be detained should be extended.

  • Marginal note:Order of extension granted

    (3) Where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the product or other thing seized should continue to be detained, the provincial court judge shall order that

    • (a) the product or other thing be detained for such additional period of time and on such conditions relating to the detention for that period as he deems proper, and

    • (b) on the expiration of that period, the product or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof,

    unless, before the expiration of that period, subparagraph 15(4)(c)(i) or (ii) applies.

  • Marginal note:Order of extension refused

    (4) Where, on the hearing of an application made under subsection (1), the provincial court judge is not satisfied that the product or other thing seized should continue to be detained, the provincial court judge shall order that the product or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof on the expiration of the period referred to in paragraph 15(4)(c), unless

    • (a) before the expiration of that period of time, subparagraph 15(4)(c)(i) or (ii) applies; or

    • (b) at the time of the hearing, that period has then expired, in which event the provincial court judge shall order the restoration thereof forthwith to the person from whom it was seized or to any other person entitled to possession thereof.

  • R.S., 1985, c. C-38, s. 16;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1997, c. 6, s. 42.
Marginal note:Forfeiture on consent
  •  (1) Where an inspector has seized any product or other thing pursuant to subsection 15(1) and the owner thereof or the person in lawful possession thereof at the time of seizure consents in writing to the forfeiture of the product or other thing, the product or other thing is thereupon forfeited to Her Majesty.

  • Marginal note:Forfeiture or other disposal on conviction

    (2) Where a person is convicted of an offence under this Act and any product or other thing seized pursuant to subsection 15(1) by means of which or in relation to which the offence was committed is then being detained, the product or other thing

    • (a) is, on that conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or

    • (b) shall, on the expiration of the time for bringing an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to possession thereof on such conditions, if any, relating to sale or advertising as may be imposed by order of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.

  • Marginal note:Articles deemed not to have been seized

    (3) For the purposes of subsection (2), any product or other thing released from detention pursuant to paragraph 15(4)(a) or (b) shall be deemed not to have been seized pursuant to section 15.

  • 1970-71-72, c. 41, s. 17.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

    • (a) exempting, conditionally or unconditionally, any prepackaged product or class of prepackaged product from any or all of the provisions of this Act or the regulations;

    • (b) exempting, conditionally or unconditionally, any type of transaction in relation to any prepackaged product or class of prepackaged product from the prohibition contained in section 4;

    • (c) defining the expression "principal display panel" for the purposes of this Act;

    • (d) prescribing the information that shall be shown on the container of a prepackaged product where any representation is made thereon that the prepackaged product is being offered for sale below the usual retail price;

    • (e) requiring the statement on the container of a prepackaged product of any information or representation required to be shown in a label, in addition to or in place of the statement of that information or representation in a label;

    • (f) prescribing the form and manner in which, including the language or languages in which, any information or representation required to be declared or shown in any label, on any container or in any advertisement shall be declared or shown;

    • (g) prescribing any expressions, words, figures, depictions or symbols the use of which, in relation to a prepackaged product, shall be deemed, unless the contrary is proven, to constitute a false or misleading representation;

    • (h) subject to any other Act of Parliament, extending or applying any provision of this Act to or in respect of any product or class of product specified in the regulations that is not a prepackaged product but is ordinarily sold to or purchased by a consumer

      • (i) otherwise than for resale or for use in the course of a business, trade or calling, or

      • (ii) with a label applied thereto, whether or not that label contains a declaration of net quantity;

    • (i) respecting the detention of products and other things seized and detained under section 15;

    • (j) respecting the disposition of products and other things forfeited under section 17;

    • (k) prescribing any matter or thing that by this Act may be prescribed; and

    • (l) generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Where statement on container deemed to be label

    (2) Where any information or representation is required by the regulations to be stated on the container of a prepackaged product in place of the statement of that information or representation in a label and is so stated, that statement on the container shall be deemed to be a label and to be applied to the prepackaged product.

  • 1970-71-72, c. 41, s. 18.

Publication of Proposed Regulations

Marginal note:Publication and opportunity for representations

 A copy of each regulation or amendment to a regulation that the Governor in Council proposes to make under section 11 or 18 shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to consumers, dealers and other interested persons to make representations with respect thereto.

  • 1970-71-72, c. 41, s. 19.

Offences and Punishment

Marginal note:Contraventions of sections 4 to 9
  •  (1) Subject to subsection (2.1), every dealer who contravenes any of sections 4 to 9 is guilty of an offence and liable

    • (a) on summary conviction, to a fine not exceeding $5,000; or

    • (b) on conviction on indictment, to a fine not exceeding $10,000.

  • Marginal note:Contravention of other provisions or regulations

    (2) Subject to subsection (2.1), every person who contravenes any provision of this Act, other than any of sections 4 to 9, or any regulation made under paragraph 18(1)(d), (e) or (h), is guilty of an offence and liable

    • (a) on summary conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months or to both; or

    • (b) on conviction on indictment, to a fine not exceeding $3,000 or to imprisonment for a term not exceeding one year or to both.

  • Marginal note:Offences relating to food

    (2.1) Every person who contravenes a provision referred to in subsection (1) or (2) as that provision relates to food, as defined in section 2 of the Food and Drugs Act, is guilty of an offence and liable

    • (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or

    • (b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years or to both.

  • Marginal note:Criminal liability of officers, etc., of corporations

    (3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

  • R.S., 1985, c. C-38, s. 20;
  • 1997, c. 6, s. 43;
  • 2011, c. 21, s. 120(E).
 
Date modified: