His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to paragraphs 37(1)(i) and (p) and subsection 50(1) of the Canada Consumer Product Safety Acta, makes the annexed Administrative Monetary Penalties (Consumer Products) Regulations.S.C. 2010, c. 21InterpretationDefinitionsThe following definitions apply in these Regulations.Act means the Canada Consumer Product Safety Act. (Loi)compliance agreement means an agreement referred to in paragraph 53(2)(a) of the Act. (transaction)violation means a violation committed under section 49 of the Act. (violation)ClassificationViolation — minor, serious, and very seriousA violation is classified asminor, if the total gravity factor for the violation is two;serious, if the total gravity factor for the violation is three or four; andvery serious, if the total gravity factor for the violation is five.Total Gravity FactorGravity factor — sumSubject to subsection (2), the total gravity factor for a violation is the sum of the gravity factor set out in column 2 of Table 1 that is associated with the applicable description set out in column 1, and the gravity factor set out in column 3 of Table 2 that is associated with the applicable provision set out in column 1.
TABLE 1
HistoryItemColumn 1Column 2DescriptionGravity Factor1No previous violation in respect of which a notice of violation was issued was committed by the person within the five years before the day on which the violation is committed02One violation in respect of which a notice of violation was issued was committed by the person within the five years before the day on which the violation is committed13More than one violation in respect of which a notice of violation was issued was committed by the person within the five years before the day on which the violation is committed2
TABLE 2
Type of ViolationItemColumn 1Column 2Column 3Provision of the ActShort-form Description*Gravity Factor1Paragraph 32(1)(a)Failure to comply with an order by the Minister to take measures — person did not comply with an order made under section 12 of the Act22Paragraph 32(1)(c)Failure to comply with an order by the Minister to take measures — Minister believes on reasonable grounds that a product is the subject of a voluntary measure or recall23Paragraph 32(1)(d)Failure to comply with an order by the Minister to take measures — Minister believes on reasonable grounds that there is a contravention of the Act or its regulations24Subsection 31(1)Failure to comply with an order by the Minister to recall a product35Paragraph 32(1)(b)Failure to comply with an order by the Minister to take measures — Minister has already made an order under section 31 of the Act3
The short-form descriptions are established by the Minister under paragraph 51(b) of the Act and are provided here for convenience only. They do not form part of these Regulations and may be amended by the Minister without the need to amend these Regulations.Gravity factor — reviewed orderIf, after completing a review under section 35 of the Act, the review officer decides that the order should have been made under a different provision, the calculation under subsection (1) must reflect that decision.PenaltiesAmountThe penalty for a violation with a total gravity factor set out in column 1 of the table is, in the case of a violation committed by a non-profit organization or by any other person for non-commercial purposes, the penalty set out in column 2 and, in any other case, the penalty set out in column 3.
TABLE
PenaltiesItemColumn 1Column 2Column 3Total Gravity Factor (Classification of Violation)Penalty for Violation Committed by a Non-profit Organization or by any Other Person for Non-commercial PurposesPenalty for Violation Committed in any Other Case12 (minor)$1,000$10,00023 (serious)$2,000$15,00034 (serious)$3,500$20,00045 (very serious)$5,000$25,000
Payment Referred to in Subsections 52(1) and 53(1) of the ActReduced penaltyFor the purposes of paragraph 52(1)(e) of the Act, the lesser amount that may be paid as complete satisfaction of the penalty is one half of the amount of the penalty.Time and manner of payment — reduced penaltyA person that is provided with a notice of violation and wishes to pay the lesser amount mustdeliver the amount in person no later than 15 days after the day on which the notice is provided;send the amount by regular mail that is postmarked no later than 15 days after the day on which the notice is provided; orsend the amount, by a mail or courier service that provides the recipient with a document specifying the date of sending, no later than 15 days after the day on which the notice is provided.Time and manner of payment — full penaltyA person that is provided with a notice of violation and wishes to pay the amount of the penalty set out in the notice mustdeliver the amount in person no later than 30 days after the day on which the notice is provided;send the amount by regular mail that is postmarked no later than 30 days after the day on which the notice is provided; orsend the amount, by a mail or courier service that provides the recipient with a document specifying the date of sending, no later than 30 days after the day on which the notice is provided.Manner of paymentPayments must be made by means of a certified cheque or bank draft made payable to the Receiver General for Canada and must be delivered or sent to the address set out in the notice of violation.Compliance AgreementsRequestFor the purposes of paragraph 53(2)(a) of the Act, a request to enter into a compliance agreement must be submitted in writing to the address set out in the notice of violation bydelivering it in person no later than 15 days after the day on which the notice is provided;sending it by regular mail that is postmarked no later than 15 days after the day on which the notice is provided; orsending it, by a mail or courier service that provides the recipient with a document specifying the date of sending, no later than 15 days after the day on which the notice is provided.Payment under paragraph 54(4)(a) of ActFor the purposes of paragraph 54(4)(a) of the Act, if the person is liable to pay twice the amount of the penalty, that amount must be paid in a manner set out in subsection 5(2) except that the relevant time is 15 days after the day on which the notice of default is provided. The amount must also be paid in accordance with subsection 5(4).Payment under subsection 55(1) of ActFor the purposes of subsection 55(1) of the Act, the amount of the penalty must be paid in a manner set out in subsection 5(2) except that the relevant time is 15 days after the day on which written notice of the Minister’s refusal is provided. The amount must also be paid in accordance with subsection 5(4).Review by MinisterTime and manner of requestFor the purposes of paragraph 53(2)(b) of the Act, a request for a review by the Minister must be submitted in writing to the address set out in the notice of violation bydelivering it in person no later than 30 days after the day on which the notice is provided;sending it by regular mail that is postmarked no later than 30 days after the day on which the notice is provided; orsending it, by a mail or courier service that provides the recipient with a document specifying the date of sending, no later than 30 days after the day on which the notice is provided.Time and manner of paymentFor the purposes of subsection 56(3) of the Act, the amount of the penalty that is confirmed or corrected in the Minister’s decision must be paid in a manner set out in subsection 5(2) except that the relevant time is 30 days after the day on which the notice of the decision is provided. The amount must also be paid in accordance with subsection 5(4).Providing DocumentsIndividualsAny document referred to in these Regulations, except an order made under section 31 or 32 of the Act, that is to be provided to an individual, other than the Minister, who is named in the document must be provided bydelivering it to the individual at any place; orif delivery is attempted under paragraph (a) and for any reason is not successful, sending it, by a mail or courier service that provides the sender and the recipient with a document specifying the date of delivery, to the individual’s last known address or usual place of residence.Persons other than individualsAny document referred to in these Regulations, except an order made under section 31 or 32 of the Act, that is to be provided to a person, other than an individual, that is named in the document must be provided bysending it, by a mail or courier service that provides the sender and the recipient with a document specifying the date of delivery, to the person at the head office or place of business of the person or of the person’s agent or mandatary; ordelivering it, at the head office or place of business of the person or of the person’s agent or mandatary, to an officer or any other individual who appears to be in control of or managing the head office or place of business.Notice of complianceThe requirements in this section also apply to notices provided under subsection 54(3) of the Act.SOR/2018-69, s. 81(F)Coming into ForceRegistrationThese Regulations come into force on the day on which they are registered.