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

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.

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.