Marginal note:Warrant or consent required to enter dwelling-house

• 22. (1) If the place mentioned in subsection 21(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to the conditions specified in the warrant, the person who is named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place described in subsection 21(1);

  • (b) entry to the dwelling-house is necessary for the purposes referred to in subsection 21(1); and

  • (c) entry to the dwelling-house was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (3) In executing a warrant issued under subsection (2), the inspector may not use force unless they are accompanied by a peace officer and the use of force is authorized in the warrant.

• Marginal note:Telewarrant

  (4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

PROCEDURES FOLLOWING SEIZURE

Marginal note:Interference

23. Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized under this Act.

Marginal note:Storage of things seized

24. An inspector who seizes a thing under this Act may

• (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it to another place; or

• (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it to another place at their expense.

Marginal note:Release of things seized

25. An inspector who seizes a thing under this Act shall release it if they are satisfied that the provisions of this Act and the regulations with respect to it have been complied with.

Marginal note:Forfeiture — thing unclaimed

• 26. (1) A seized thing is, at Her election, forfeited to Her Majesty in right of Canada if

  • (a) within 60 days after the seizure, no person is identified as its owner or as a person who is entitled to possess it; or

  • (b) the owner or person who is entitled to possess it, within 60 days after the day on which they are notified that the inspector has released the seized thing, does not claim it.

• Marginal note:Proceedings instituted

  (2) Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the thing that was seized.

• Marginal note:Disposal

  (3) 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 — 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.

ANALYSIS

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.

ORDERS FOR RECALLS AND TAKING MEASURES

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.

Marginal note:Recall or measures taken by Minister

33. 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

34. 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

• 35. (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.