Marginal note:Misleading claims — advertise or sell

10. No person shall advertise or sell a consumer product that they know is advertised, packaged or labelled in a manner referred to in section 9.

Marginal note:False or misleading information

11. No person shall knowingly provide the Minister with false or misleading information in relation to a matter under this Act or the regulations.

TESTS, STUDIES AND COMPILATION OF INFORMATION

Marginal note:Tests, studies and information

12. The Minister may, by written notice, order any person who manufactures or imports a consumer product for commercial purposes to

• (a) conduct tests or studies on the product in order to obtain the information that the Minister considers necessary to verify compliance or prevent non-compliance with this Act or the regulations;

• (b) compile any information that the Minister considers necessary to verify compliance or prevent non-compliance with this Act or the regulations; and

• (c) provide him or her with the documents that contain that information and the results of the tests or studies in the time and manner that the Minister specifies.

PREPARING AND MAINTAINING DOCUMENTS

Marginal note:Requirement

• 13. (1) Any person who manufactures, imports, advertises, sells or tests a consumer product for commercial purposes shall prepare and maintain

  • (a) documents that indicate

    • (i) in the case of a retailer, the name and address of the person from whom they obtained the product and the location where and the period during which they sold the product, and

    • (ii) in the case of any other person, the name and address of the person from whom they obtained the product or to whom they sold it, or both, as applicable; and

  • (b) the prescribed documents.

• Marginal note:Period for keeping documents

  (2) The person shall keep the documents until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed.

• Marginal note:Keeping and providing documents in Canada

  (3) The person shall keep the documents at their place of business in Canada or at any prescribed place and shall, on written request, provide the Minister with them.

• Marginal note:Exemption — outside Canada

  (4) The Minister may, subject to any terms and conditions that he or she may specify, exempt a person from the requirement to keep documents in Canada if the Minister considers it unnecessary or impractical for the person to keep them in Canada.

• Marginal note:Importation

  (5) A person who imports a consumer product for commercial purposes shall, no later than at the time of the product’s importation, provide the Minister with those documents referred to in paragraph (1)(b) that are specified in the regulations.

DUTIES IN THE EVENT OF AN INCIDENT

Definition of “incident”

• 14. (1) In this section, “incident” means, with respect to a consumer product,

  • (a) an occurrence in Canada or elsewhere that resulted or may reasonably have been expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury;

  • (b) a defect or characteristic that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury;

  • (c) incorrect or insufficient information on a label or in instructions — or the lack of a label or instructions — that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury; or

  • (d) a recall or measure that is initiated for human health or safety reasons by

    • (i) a foreign entity,

    • (ii) a provincial government,

    • (iii) a public body that is established under an Act of the legislature of a province,

    • (iv) an aboriginal government as defined in subsection 13(3) of the Access to Information Act, or

    • (v) an institution of an entity referred to in subparagraphs (ii) to (iv).

• Marginal note:Requirement to provide information

  (2) A person who manufactures, imports or sells a consumer product for commercial purposes shall provide the Minister and, if applicable, the person from whom they received the consumer product with all the information in their control regarding any incident related to the product within two days after the day on which they become aware of the incident.

• Marginal note:Report

  (3) The manufacturer of the consumer product, or if the manufacturer carries on business outside Canada, the importer, shall provide the Minister with a written report — containing information about the incident, the product involved in the incident, any products that they manufacture or import, as the case may be, that to their knowledge could be involved in a similar incident and any measures they propose be taken with respect to those products — within 10 days after the day on which they become aware of the incident or within the period that the Minister specifies by written notice.

DISCLOSURE OF INFORMATION BY THE MINISTER

Marginal note:Personal information

• 15. (1) The Minister may disclose personal information to a person or a government that carries out functions relating to the protection of human health or safety without the consent of the individual to whom the personal information relates if the disclosure is necessary to identify or address a serious danger to human health or safety.

• Marginal note:Privacy Act not affected

  (2) For greater certainty, nothing in this section affects the provisions of the Privacy Act.

Marginal note:Confidential business information — agreement

16. 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

• 17. (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

18. 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

• 19. (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

20. 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

• 21. (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.