Marginal note:Advertising and selling
8 No person shall advertise or sell a consumer product that they know
(a) is a danger to human health or safety;
(b) is the subject of a recall order made under section 31 or such an order that is reviewed under section 35 or is the subject of a voluntary recall in Canada because the product is a danger to human health or safety; or
(c) is the subject of a measure that has not been carried out but is required to be carried out under an order made under section 32 or such an order that is reviewed under section 35.
Marginal note:Misleading claims — package or label
9 No person shall package or label a consumer product
(a) in a manner — including one that is false, misleading or deceptive — that may reasonably be expected to create an erroneous impression regarding the fact that it is not a danger to human health or safety; or
(b) in a manner that is false, misleading or deceptive regarding its certification related to its safety or its compliance with a safety standard or the regulations.
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
(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.
(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
(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,
(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.
(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
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.
Marginal note:Number of inspectors
(2) For the purposes of the administration and enforcement of the provisions of this Act and the regulations, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.
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.
- 2010, c. 21, s. 19
- 2016, c. 9, s. 63
- Date modified: