INJUNCTION

Marginal note:Court

• 36. (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do an act or thing that constitutes or is directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person who is named in the application to

  • (a) refrain from doing an act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

  • (b) do an act or thing that it appears to the court may prevent the commission of an offence under this Act.

• Marginal note:Notice

  (2) No injunction shall be issued under subsection (1) unless 48 hours’ notice is served to the party or parties who are named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

REGULATIONS

Marginal note:Governor in Council

• 37. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

  • (a) exempting, with or without conditions, a consumer product or class of consumer products from the application of this Act or the regulations or a provision of this Act or the regulations, including exempting consumer products manufactured in Canada for the purpose of export or imported solely for the purpose of export;

  • (b) exempting, with or without conditions, a class of persons from the application of this Act or the regulations or a provision of this Act or the regulations in relation to a consumer product or class of consumer products;

  • (c) amending Schedule 1 or 2 by adding or deleting a consumer product or class of consumer products;

  • (d) respecting the preparation and maintenance of documents, including by specifying the documents to be prepared and maintained, where they may be kept and for how long;

  • (e) specifying the documents that an importer shall provide the Minister with under subsection 13(5);

  • (f) respecting the manufacturing, importation, packaging, storing, sale, advertising, labelling, testing or transportation of a consumer product or class of consumer products;

  • (g) prohibiting the manufacturing, importation, packaging, storing, sale, advertising, labelling, testing or transportation of a consumer product or class of consumer products;

  • (h) respecting the communication of warnings or other health or safety information to the public by a person who manufactures, imports, advertises or sells a consumer product or class of consumer products, including by way of a product’s label or instructions;

  • (i) respecting the time and manner in which information, notices and documents are to be provided or served under this Act;

  • (j) respecting the designation or recognition of persons or classes of persons who would be authorized to certify that a consumer product or class of consumer products meets the applicable requirements and respecting their functions in relation to that certification;

  • (k) respecting the performance of an inspector’s, analyst’s or review officer’s functions and the circumstances in which an inspector or a review officer may exercise their powers;

  • (l) respecting the taking of samples or the seizure, detention, forfeiture or disposal of anything under this Act;

  • (m) respecting the recall of a consumer product or class of consumer products;

  • (n) respecting the measures referred to in section 32;

  • (o) respecting the review of orders under section 35; and

  • (p) prescribing anything that by this Act is to be prescribed.

• Marginal note:Externally produced material

  (2) A regulation made under this Act may incorporate by reference documents produced by a person or body other than the Minister including by

  • (a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

  • (b) an industrial or trade organization; or

  • (c) a government.

• Marginal note:Reproduced or translated material

  (3) A regulation made under this Act may incorporate by reference documents that the Minister reproduces or translates from documents produced by a body or person other than the Minister

  • (a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or

  • (b) in a form that sets out only the parts of them that apply for the purposes of the regulation.

• Marginal note:Jointly produced documents

  (4) A regulation made under this Act may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

• Marginal note:Internally produced standards

  (5) A regulation made under this Act may incorporate by reference technical or explanatory documents that the Minister produces, including

  • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

  • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (6) Documents may be incorporated by reference as amended from time to time.

• Marginal note:For greater certainty

  (7) Subsections (2) to (6) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

Marginal note:Proposed regulation to be laid before Parliament

• 38. (1) Before a regulation is made under paragraph 37(1)(a), (b) or (c), the Minister shall cause the proposed regulation to be laid before each House of Parliament.

• Marginal note:Report by committee — Senate

  (2) The proposed regulation may be referred to an appropriate committee of the Senate, as determined by its rules, which may review the proposed regulation and report its findings to the Senate.

• Marginal note:Report by committee — House of Commons

  (3) The proposed regulation shall be referred to the Standing Committee on Health of the House of Commons or, if there is not a Standing Committee on Health, the appropriate committee of the House of Commons, as determined by its rules, which may review the proposed regulation and report its findings to the House of Commons.

• Marginal note:Making of regulations

  (4) A regulation may not be made before the earliest of

  • (a) 30 sitting days after the proposed regulation is laid before both Houses of Parliament,

  • (b) 90 calendar days after the proposed regulation is laid before both Houses of Parliament, and

  • (c) the day after each appropriate committee has reported its findings with respect to the proposed regulation.

• Marginal note:Explanation

  (5) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall cause to be laid before that House a statement of the reasons for not incorporating it.

• Marginal note:Alteration

  (6) A proposed regulation that has been laid before both Houses of Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.

• Definition of “sitting day”

  (7) For the purpose of subsection (4), “sitting day” means a day on which either House of Parliament sits.

Marginal note:Exceptions

• 39. (1) A regulation may be made without being laid before either House of Parliament if the Minister is of the opinion that

  • (a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 38 should not apply in the circumstances; or

  • (b) the regulation must be made immediately in order to protect the health or safety of any person.

• Marginal note:Notice of opinion

  (2) If a regulation is made without being laid before both Houses of Parliament, the Minister shall cause a statement of his or her reasons to be laid before each House of Parliament within the first 30 days on which that House is sitting after the regulation is made.

INTERIM ORDERS

Marginal note:Regulations

• 40. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if he or she believes that immediate action is required to deal with a significant danger — direct or indirect — to human health or safety.

• Marginal note:Cessation of effect

  (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

  • (a) 14 days after it is made, unless it is approved by the Governor in Council,

  • (b) the day on which it is repealed,

  • (c) the day on which a regulation made under this Act that has the same effect as the interim order comes into force, and

  • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

• Marginal note:Exemption from Statutory Instruments Act

  (3) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act.

• Marginal note:Deeming

  (4) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

• Marginal note:Tabling of order

  (5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• Marginal note:House not sitting

  (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.

OFFENCES

Marginal note:Offence

• 41. (1) A person who contravenes a provision of this Act, other than section 8, 10, 11 or 20, a provision of the regulations or an order made under this Act is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years or to both; or

  • (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months or to both and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both.

• Marginal note:Defence of due diligence

  (2) Due diligence is a defence in a prosecution for an offence under subsection (1).

• Marginal note:Offence — fault

  (3) A person who contravenes section 8, 10, 11 or 20 or who knowingly or recklessly contravenes another provision of this Act, a provision of the regulations or an order made under this Act is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine in an amount that is at the discretion of the court or to imprisonment for a term of not more than five years or to both; or

  • (b) on summary conviction, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months or to both and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years or to both.

• Marginal note:Sentencing considerations

  (4) A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the harm or risk of harm caused by the commission of the offence and the vulnerability of individuals who use the consumer product.