An Act respecting the packaging, labelling, sale, importation and advertising of prepackaged and certain other products
Marginal note:Short title
- 1970-71-72, c. 41, s. 1
2 (1) In this Act,
advertise means make any representation to the public by any means whatever, other than a label, for the purpose of promoting directly or indirectly the sale of a product; (publicité ou annonce)
apply means, in respect of a label, to attach to, imprint on, include in or cause to accompany in any other way a product; (Version anglaise seulement)
Commissioner means the Commissioner of Competition appointed under the Competition Act; (commissaire)
container means a receptacle, package, wrapper or confining band in which a product is offered for sale but does not include package liners or shipping containers or any outer wrapping or box that is not customarily displayed to the consumer; (contenant)
dealer means a person who is a retailer, manufacturer, processor or producer of a product, or a person who is engaged in the business of importing, packing or selling any product; (fournisseur)
inspector means any person designated as an inspector for the enforcement of this Act under the Department of Industry Act; (inspecteur)
label means any label, mark, sign, device, imprint, stamp, brand, ticket or tag; (Version anglaise seulement)
Minister means the Minister of Industry; (ministre)
- prepackaged product
prepackaged product means any product that is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being re-packaged; (produit préemballé)
prescribed means prescribed by the regulations; (Version anglaise seulement)
product means any article that is or may be the subject of trade or commerce but does not include land or any interest or right in land; (produit)
(a) offer for sale, expose for sale and have in possession for sale, and
(b) display in such manner as to lead to a reasonable belief that the substance or product so displayed is intended for sale. (vendre)
Marginal note:Functions of Commissioner
(2) The functions of the Minister in relation to the administration of this Act, except subsection 11(1), and in relation to the enforcement of this Act may be performed by the Commissioner on behalf of the Minister.
- R.S., 1985, c. C-38, s. 2
- 1992, c. 1, s. 145(F)
- 1995, c. 1, ss. 62, 63
- 1997, c. 6, s. 40
- 1999, c. 2, s. 44
- 2011, c. 21, s. 119
- 2012, c. 24, s. 80
Application of Act
Marginal note:Application despite other Acts
3 (1) Subject to subsections (2) and (3) and any regulations made under section 18, the provisions of this Act that are applicable to any product apply despite any other Act of Parliament.
(2) This Act does not apply to any product that is a device or drug as defined in section 2 of the Food and Drugs Act.
(3) This Act does not apply to any food commodity as defined in section 2 of the Safe Food for Canadians Act.
- R.S., 1985, c. C-38, s. 3
- 2012, c. 24, s. 81
Marginal note:Prohibition respecting labels
4 (1) No dealer shall sell, import into Canada or advertise any prepackaged product unless that product has applied to it a label containing a declaration of net quantity of the product in the form and manner required by this Act or prescribed and in terms of either
(a) numerical count, or
(b) a unit of measurement set out in Schedule I to the Weights and Measures Act,
as may be prescribed.
Marginal note:Declaration of net quantity to be readily distinguishable
(2) A declaration of net quantity referred to in subsection (1) shall be located on the principal display panel of the label and shall be clearly and prominently displayed, easily legible and in distinct contrast to any other information or representation shown on the label.
- 1970-71-72, c. 41, s. 4
- 1976-77, c. 55, s. 3
Marginal note:Prohibition respecting advertising
5 No dealer shall, in advertising any prepackaged product, make any representation with respect to the net quantity of the product except in accordance with this Act and the regulations.
- 1970-71-72, c. 41, s. 5
Marginal note:Prohibition respecting packaging
6 No dealer shall sell or import into Canada any prepackaged product that is packaged in such a manner that it does not meet the packaging requirements established in relation to that product by regulations made pursuant to subsection 11(1).
- 1970-71-72, c. 41, s. 6
Marginal note:Representations relating to prepackaged products
7 (1) No dealer shall apply to any prepackaged product or sell, import into Canada or advertise any prepackaged product that has applied to it a label containing any false or misleading representation that relates to or may reasonably be regarded as relating to that product.
Definition of false or misleading representation
(2) For the purposes of this section, false or misleading representation includes
(a) any representation in which expressions, words, figures, depictions or symbols are used, arranged or shown in a manner that may reasonably be regarded as qualifying the declared net quantity of a prepackaged product or as likely to deceive a consumer with respect to the net quantity of a prepackaged product;
(b) any expression, word, figure, depiction or symbol that implies or may reasonably be regarded as implying that a prepackaged product contains any matter not contained in it or does not contain any matter in fact contained in it; and
(c) any description or illustration of the type, quality, performance, function, origin or method of manufacture or production of a prepackaged product that may reasonably be regarded as likely to deceive a consumer with respect to the matter so described or illustrated.
Marginal note:Where, within prescribed tolerances, net quantity not less than declared
(3) Where a declaration of net quantity shows the purported net quantity of the prepackaged product to which it is applied, that declaration shall be deemed not to be a false or misleading representation if the net quantity of the prepackaged product is, subject to the prescribed tolerance, not less than the declared net quantity of the prepackaged product and the declaration otherwise meets the requirements of this Act and the regulations.
- R.S., 1985, c. C-38, s. 7
- 2015, c. 3, s. 42(F)
8 [Repealed, 2012, c. 24, s. 82]
Marginal note:Containers of prepackaged products
9 (1) No dealer shall sell, import into Canada or advertise any prepackaged product that is packaged in a container that has been manufactured, constructed or filled or is displayed in such a manner that a consumer might reasonably be misled with respect to the quality or quantity of the product.
Marginal note:Recognized and accepted production practice, if necessary for packaging, a defence
(2) No dealer is guilty of the offence of selling, importing into Canada or advertising a prepackaged product that is packaged in a container that has been filled in such a manner that a consumer might reasonably be misled with respect to the quality or quantity of the product if the dealer establishes that the container was filled in accordance with a recognized and accepted production practice that is reasonably necessary for the purpose of packaging the product.
- 1970-71-72, c. 41, s. 9
Marginal note:Label containing declaration of net quantity
10 Each label containing a declaration of net quantity of the prepackaged product to which it is applied shall
(a) be applied to the prepackaged product in such form and manner as may be prescribed; and
(b) show, in such form and manner and in such circumstances as may be prescribed,
(i) the identity and principal place of business of the person by or for whom the prepackaged product was manufactured or produced for resale,
(ii) the identity of the prepackaged product in terms of its common or generic name or in terms of its function, and
(iii) such information respecting the nature, quality, age, size, material content, composition, geographic origin, performance, use or method of manufacture or production of the prepackaged product as may be prescribed.
- 1970-71-72, c. 41, s. 10
Standardization of Containers
Marginal note:Packaging requirements established by regulation
11 (1) Where the Governor in Council is of the opinion that there is an undue proliferation of sizes or shapes of containers in which any prepackaged product or class of prepackaged product is sold and that the effect of the undue proliferation of sizes or shapes is to confuse or mislead or be likely to confuse or mislead consumers with respect to the weight, measure or numerical count of a prepackaged product, the Governor in Council, on the recommendation of the Minister, may make regulations establishing packaging requirements that limit the sizes and shapes of containers in which that prepackaged product or class of prepackaged product may be sold.
Marginal note:Advice for establishing packaging requirements
(2) For the purpose of establishing packaging requirements for any prepackaged product or class of prepackaged product, the Minister shall seek the advice of at least one organization in Canada of consumers and one organization of dealers in that prepackaged product or class of prepackaged product and may seek the advice of the Standards Council of Canada or any organization in Canada engaged in standards formulation.
- 1970-71-72, c. 41, s. 11
Research and Studies
Marginal note:Packaging and labelling research and studies
12 (1) The Minister may conduct research and studies relating or incidental to the packaging and labelling of any prepackaged product, including matters relating or incidental to unit price marking, date and storage marking and the shapes and sizes of containers.
(2) The Minister may, in conducting any research or studies pursuant to subsection (1), consult with or seek the advice of any department or agency of any government, any dealers or any organization of dealers or any organization in Canada of consumers.
- 1970-71-72, c. 41, s. 12
Marginal note:Certificate to be produced
13 (1) An inspector shall be furnished with a certificate of his designation as an inspector and on entering any place described in subsection (2) shall, if so required, produce the certificate to the person in charge of that place.
Marginal note:Powers of inspectors
(2) Subject to subsection (2.1), an inspector may at any reasonable time enter any premises of a dealer or any other place in which the inspector believes on reasonable grounds there is any prepackaged product that is owned by a dealer and may, where the inspector believes on reasonable grounds that, for any purpose relating to the enforcement of this Act, it is necessary to do so,
(a) examine any prepackaged product found therein;
(b) open and examine any package found therein that he believes on reasonable grounds contains any prepackaged product; and
(c) examine any documents or papers, including books, reports, records, shipping bills and bills of lading, or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage device, that he believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom.
Marginal note:Warrant required to enter dwelling-house
(2.1) Where any premises or place referred to in subsection (2) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (2.2).
Marginal note:Authority to issue warrant
(2.2) Where on ex parte application a justice of the peace is satisfied by information on oath
(a) that the conditions for entry described in subsection (2) exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.
Marginal note:Use of force
(2.3) In executing a warrant issued under subsection (2.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
Marginal note:Assistance to inspectors
(3) The owner or the person in charge of a place entered by an inspector pursuant to subsection (2) and every person employed therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.
- R.S., 1985, c. C-38, s. 13
- R.S., 1985, c. 31 (1st Supp.), s. 6
Marginal note:Obstruction and false statements
14 (1) No person shall obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to, an inspector engaged in carrying out his duties and functions under this Act.
(2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any product or other thing seized and detained by an inspector pursuant to subsection 15(1).
Marginal note:Examining and sampling allowable
(3) An inspector shall, at the request of the person from whom a product or other thing was seized, allow that person or any person authorized by that person to examine the product or other thing so seized and, where practicable, furnish a sample thereof to such person.
- 1970-71-72, c. 41, s. 14
- Date modified: