Canada Consumer Product Safety Act (S.C. 2010, c. 21)

Marginal note:Offences by corporate officers, etc.

42 If a person other than an individual commits an offence under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.

Marginal note:Offences by employees, agents or mandataries

43 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by any employee, agent or mandatary of the accused, even if the employee, agent or mandatary is not identified or is not prosecuted for the offence.

Marginal note:Continuing offence

44 If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Venue

45 A prosecution for an offence under this Act may be instituted, heard and determined

• (a) in the place where the offence was committed or the subject-matter of the prosecution arose;

• (b) where the accused was apprehended; or

• (c) where the accused happens to be or is carrying on business.

Marginal note:Limitation period

46 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the time the Minister becomes aware of the acts or omissions that constitute the alleged offence.

Marginal note:Admissibility of evidence

• 47 (1) In proceedings for an offence under this Act, a declaration, certificate, report or other document of the Minister or an inspector, analyst or review officer purporting to have been signed by that person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

• Marginal note:Copies and extracts

  (2) In proceedings for an offence under this Act, a copy of or an extract from any document that is made by the Minister or an inspector, analyst or review officer that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

• Marginal note:Presumed date of issue

  (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.

• Marginal note:Notice

  (4) No document referred to in this section may be received in evidence unless the party intending to produce it has provided reasonable notice of that intention on the party against whom it is intended to be produced together with a duplicate of the document.

Marginal note:Self-incrimination

48 The information and results contained in the documents that a person provides under an order made under section 12 may not be used or received to incriminate the person in any proceeding against them in respect of an offence under this Act.

Administrative Monetary Penalties

Violation

Marginal note:Commission of violation

49 Every person who contravenes an order that is made under section 31 or 32 or reviewed under section 35 commits a violation and is liable to the penalty established in accordance with the regulations.

Powers of the Governor in Council and Minister

Marginal note:Regulations

• 50 (1) The Governor in Council may make regulations

  • (a) fixing a penalty, or a range of penalties, in respect of each violation;

  • (b) classifying each violation as a minor violation, a serious violation or a very serious violation;

  • (c) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including a reduction in the amount that is provided for in a compliance agreement; and

  • (d) respecting the determination of a lesser amount that may be paid as complete satisfaction of a penalty if paid in the prescribed time and manner.

• Marginal note:Maximum penalties

  (2) The maximum penalty for a violation is $5,000 in the case of a violation committed by a non-profit organization — or by any other person for non-commercial purposes — and $25,000 in any other case.

Marginal note:Notices of violation

51 The Minister may

• (a) designate individuals, or classes of individuals, who are authorized to issue notices of violation; and

• (b) establish, in respect of each violation, a short-form description to be used in notices of violation.

Proceedings

Marginal note:Issuance of notice of violation

• 52 (1) If a person designated under paragraph 51(a) believes on reasonable grounds that a person has committed a violation, the designated person may issue, and shall provide the person with, a notice of violation that

  • (a) sets out the person’s name;

  • (b) identifies the alleged violation;

  • (c) sets out the penalty for the violation that the person is liable to pay;

  • (d) sets out the particulars concerning the time and manner of payment; and

  • (e) subject to the regulations, sets out a lesser amount that may be paid as complete satisfaction of the penalty if paid in the prescribed time and manner.

• Marginal note:Summary of rights

  (2) A notice of violation must clearly summarize, in plain language, the rights and obligations under this section and sections 53 to 66 of the person named in it, including the right to have the acts or omissions that constitute the alleged violation or the amount of the penalty reviewed and the procedure for requesting that review.

Penalties

Marginal note:Payment

• 53 (1) If the person named in the notice pays, in the prescribed time and manner, the amount of the penalty or, subject to the regulations, the lesser amount set out in a notice of violation that may be paid in lieu of the penalty,

  • (a) they are deemed to have committed the violation in respect of which the amount is paid;

  • (b) the Minister shall accept that amount as complete satisfaction of the penalty; and

  • (c) the proceedings commenced in respect of the violation under section 52 are ended.

• Marginal note:Alternatives to payment

  (2) Instead of paying the penalty set out in a notice of violation or, if applicable, the lesser amount that may be paid in lieu of the penalty, the person named in the notice may, in the prescribed time and manner,

  • (a) if the penalty is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the order to which the violation relates; or

  • (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

• Marginal note:Deeming

  (3) If the person named in the notice of violation does not pay the penalty in the prescribed time and manner or, if applicable, the lesser amount that may be paid in lieu of the penalty, and does not exercise any right referred to in subsection (2) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice.

Compliance Agreements

Marginal note:Compliance agreements

• 54 (1) After considering a request under paragraph 53(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister, which terms and conditions may

  • (a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

  • (b) provide for the reduction, in whole or in part, of the penalty for the violation.

• Marginal note:Deeming

  (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.

• Marginal note:If compliance agreement complied with

  (3) If the Minister is satisfied that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be provided to the person, at which time

  • (a) the proceedings commenced in respect of the violation under section 52 are ended; and

  • (b) any security given by the person under the compliance agreement shall be returned to the person.

• Marginal note:If compliance agreement not complied with

  (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause a notice of default to be provided to the person to the effect that

  • (a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the prescribed time and manner, twice the amount of that penalty and, for greater certainty, subsection 50(2) does not apply in respect of that amount; or

  • (b) the security, if any, given by the person under the compliance agreement shall be forfeited to Her Majesty in right of Canada.

• Marginal note:Effect of notice of default

  (5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice any amount they spent under the compliance agreement and

  • (a) is liable to pay the amount set out in the notice; or

  • (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 52 are ended.

• Marginal note:Effect of payment

  (6) If a person pays the amount set out in a notice of default under subsection (4) in the prescribed time and manner,

  • (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and

  • (b) the proceedings commenced in respect of the violation under section 52 are ended.

Marginal note:Refusal to enter into compliance agreement

• 55 (1) If the Minister refuses to enter into a compliance agreement pursuant to a request under paragraph 53(2)(a), the person who made the request is liable to pay the amount of the penalty in the prescribed time and manner.

• Marginal note:Effect of payment

  (2) If a person pays the amount referred to in subsection (1),

  • (a) they are deemed to have committed the violation in respect of which the payment is made;

  • (b) the Minister shall accept the amount as complete satisfaction of the penalty; and

  • (c) the proceedings commenced in respect of the violation under section 52 are ended.

• Marginal note:Deeming

  (3) If a person does not pay the amount referred to in subsection (1) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice of violation.

Review by the Minister

Marginal note:Review — with respect to facts

• 56 (1) On completion of a review requested under paragraph 53(2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister shall determine whether the person requesting the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the regulations, the Minister shall correct the amount and cause a notice of any decision under this subsection to be provided to the person who requested the review.

• Marginal note:Review — with respect to penalty

  (2) On completion of a review requested under paragraph 53(2)(b), with respect to the amount of the penalty, if the Minister determines that the amount of the penalty was not established in accordance with the regulations, the Minister shall correct the amount and cause a notice of any decision under this subsection to be provided to the person who requested the review.

• Marginal note:Payment

  (3) If the Minister determines under subsection (1) that a person committed a violation, the person is liable to pay the amount of the penalty confirmed or corrected in that decision in the prescribed time and manner.

• Marginal note:Effect of payment

  (4) If a person pays the amount referred to in subsection (3),

  • (a) the Minister shall accept the amount as complete satisfaction of the penalty; and

  • (b) the proceedings commenced in respect of the violation under section 52 are ended.

• Marginal note:Written evidence and submissions

  (5) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether a penalty was established in accordance with the regulations.

Enforcement

Marginal note:Debts to Her Majesty

• 57 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:

  • (a) the amount of a penalty, from the time the notice of violation setting out the penalty is provided;

  • (b) every amount set out in a compliance agreement entered into with the Minister under subsection 54(1), from the time the compliance agreement is entered into;

  • (c) the amount set out in a notice of default referred to in subsection 54(4), from the time the notice is provided;

  • (d) the amount of a penalty as set out in a decision of the Minister under subsection 56(1) or (2), from the time the notice under that subsection is provided; and

  • (e) the amount of any reasonable expenses incurred under section 64, from the date they are incurred.

• Marginal note:Time limit

  (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.

• Marginal note:Debt final

  (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 53 to 56.

Marginal note:Certificate of default

• 58 (1) Any debt referred to in subsection 57(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

• Marginal note:Judgments

  (2) On production to the Federal Court, the certificate shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate.

Rules of Law About Violations

Marginal note:Certain defences not available

• 59 (1) A person named in a notice of violation does not have a defence by reason that the person

  • (a) exercised due diligence to prevent the violation; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.