Short Title

Marginal note:Short title

1 This Act may be cited as the Canada Consumer Product Safety Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

advertisement

advertisement includes a representation by any means for the purpose of promoting directly or indirectly the sale of a consumer product. (publicité)

analyst

analyst means an individual designated as an analyst under section 29 or under section 28 of the Food and Drugs Act. (analyste)

article to which this Act or the regulations apply

article to which this Act or the regulations apply means

• (a) a consumer product;

• (b) anything used in the manufacturing, importation, packaging, storing, advertising, selling, labelling, testing or transportation of a consumer product; or

• (c) a document that is related to any of those activities or a consumer product. (article visé par la présente loi ou les règlements)

confidential business information

confidential business information  — in respect of a person to whose business or affairs the information relates — means business information

• (a) that is not publicly available;

• (b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and

• (c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors. (renseignements commerciaux confidentiels)

consumer product

consumer product means a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging.  (produit de consommation)

danger to human health or safety

danger to human health or safety means any unreasonable hazard — existing or potential — that is posed by a consumer product during or as a result of its normal or foreseeable use and that may reasonably be expected to cause the death of an individual exposed to it or have an adverse effect on that individual’s health — including an injury — whether or not the death or adverse effect occurs immediately after the exposure to the hazard, and includes any exposure to a consumer product that may reasonably be expected to have a chronic adverse effect on human health. (danger pour la santé ou la sécurité humaines)

document

document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document)

government

government means any of the following or their institutions:

• (a) the federal government;

• (b) a corporation named in Schedule III to the Financial Administration Act;

• (c) a provincial government or a public body established under an Act of the legislature of a province;

• (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act;

• (e) a government of a foreign state or of a subdivision of a foreign state; or

• (f) an international organization of states. (administration)

import

import means to import into Canada. (importer)

inspector

inspector means an individual designated as an inspector under subsection 19(2). (inspecteur)

manufacture

manufacture includes produce, formulate, repackage and prepare, as well as recondition for sale.  (fabrication)

Minister

Minister means the Minister of Health. (ministre)

person

person means an individual or an organization as defined in section 2 of the Criminal Code. (personne)

personal information

personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)

prescribed

prescribed means prescribed by regulation. (Version anglaise seulement)

review officer

review officer means an individual designated as a review officer under section 34. (réviseur)

sell

sell includes offer for sale, expose for sale or have in possession for sale — or distribute to one or more persons, whether or not the distribution is made for consideration — and includes lease, offer for lease, expose for lease or have in possession for lease. (vente)

storing

storing does not include the storing of a consumer product by an individual for their personal use. (entreposage)

Purpose

Marginal note:Purpose

3 The purpose of this Act is to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those that circulate within Canada and those that are imported.

Application

Marginal note:Consumer products

• 4 (1) This Act applies to consumer products with the exception of those listed in Schedule 1.

• Marginal note:Tobacco products

  (2) This Act does not apply to a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act, except in respect of

  • (a) the ignition propensity of that product; and

  • (b) the devices and parts referred to in that definition.

• Marginal note:For greater certainty — devices and parts made of tobacco

  (2.1) For greater certainty, the devices and parts referred to in paragraph (2)(b) do not include those made in whole or in part of tobacco.

• Marginal note:Natural health products

  (3) For greater certainty, this Act does not apply to natural health products as defined in subsection 1(1) of the Natural Health Products Regulations made under the Food and Drugs Act.

• Marginal note:Vaping products

  (4) The Consumer Chemicals and Containers Regulations, 2001 do not apply in respect of vaping products, within the meaning of paragraphs (a) to (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act, unless those regulations are amended to expressly provide that they apply in respect of those products.

Prohibitions

Marginal note:Consumer products in Schedule 2

5 No person shall manufacture, import, advertise or sell a consumer product listed in Schedule 2.

Marginal note:Products that do not meet regulatory requirements

6 No person shall manufacture, import, advertise or sell a consumer product that does not meet the requirements set out in the regulations.

Marginal note:Manufacturer and importer

7 No manufacturer or importer shall manufacture, import, advertise or sell a consumer product that

• (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 the manufacturer or importer has not carried out but is required to carry out under an order made under section 32 or such an order that is reviewed under section 35.

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

Marginal note:Requirement

• 13 (1) Any person who manufactures, imports, advertises, sells or tests a consumer product for commercial purposes shall prepare and maintain

  • (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.

• Marginal note:Importation

  (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

• 14 (1) In this section, incident means, with respect to a consumer product,

  • (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,

    • (iv) an aboriginal government as defined in subsection 13(3) of the Access to Information Act, or

    • (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.

• Marginal note:Report

  (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

  (2) For greater certainty, nothing in this section affects the provisions of the Privacy Act.

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.

Inspectors

Marginal note:Number of inspectors

• 19 (1) The Minister shall decide on the number of inspectors sufficient for the purpose of the administration and enforcement of this Act and the regulations.

• Marginal note:Designation

  (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.

Marginal note:Obstruction and false statements

20 No person shall knowingly obstruct, hinder or make a false or misleading statement either orally or in writing to an inspector who is carrying out their functions.

Inspection

Marginal note:Authority to enter place

• 21 (1) Subject to subsection 22(1), an inspector may, for the purpose of verifying compliance or preventing non-compliance with this Act or the regulations, at any reasonable time enter a place, including a conveyance, in which they have reasonable grounds to believe that a consumer product is manufactured, imported, packaged, stored, advertised, sold, labelled, tested or transported, or a document relating to the administration of this Act or the regulations is located.

• Marginal note:Powers

  (2) The inspector may, for the purpose referred to in subsection (1),

  • (a) examine or test anything — and take samples free of charge of an article to which this Act or the regulations apply — that is found in the place;

  • (b) open a receptacle or package that is found in the place;

  • (c) examine a document that is found in the place, make a copy of it or take an extract from it;

  • (d) seize and detain for any time that may be necessary

    • (i) an article to which this Act or the regulations apply that is found in the place, or

    • (ii) the conveyance;

  • (e) order the owner or person having possession, care or control of an article to which this Act or the regulations apply that is found in the place — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (f) use or cause to be used a computer or other device that is at the place to examine a document that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

  • (g) use or cause to be used copying equipment that is at the place and remove the copies for examination;

  • (h) take photographs and make recordings and sketches; and

  • (i) order the owner or person in charge of the place or a person who manufactures, imports, packages, stores, advertises, sells, labels, tests or transports a consumer product at the place to establish their identity to the inspector’s satisfaction or to stop or start the activity.

• Marginal note:Conveyance

  (3) For the purpose of entering the conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• Marginal note:Entering private property

  (4) An inspector who is carrying out their functions and any person accompanying them may enter on or pass through or over private property.

• Marginal note:Assistance and information to be given to inspector

  (5) The owner or person in charge of the place and every person found in the place shall give an inspector who is carrying out their functions all reasonable assistance and provide them with any information that they may reasonably require.

Marginal note:Warrant or consent required to enter dwelling-house

• 22 (1) If the place mentioned in subsection 21(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to the conditions specified in the warrant, the person who is named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place described in subsection 21(1);

  • (b) entry to the dwelling-house is necessary for the purposes referred to in subsection 21(1); and

  • (c) entry to the dwelling-house was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (3) In executing a warrant issued under subsection (2), the inspector may not use force unless they are accompanied by a peace officer and the use of force is authorized in the warrant.

• Marginal note:Telewarrant

  (4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

Procedures Following Seizure

Marginal note:Interference

23 Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized under this Act.

Marginal note:Storage of things seized

24 An inspector who seizes a thing under this Act may

• (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it to another place; or

• (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it to another place at their expense.

Marginal note:Release of things seized

25 An inspector who seizes a thing under this Act shall release it if they are satisfied that the provisions of this Act and the regulations with respect to it have been complied with.

Marginal note:Forfeiture — thing unclaimed

• 26 (1) A seized thing is, at Her election, forfeited to Her Majesty in right of Canada if

  • (a) within 60 days after the seizure, no person is identified, in accordance with the regulations, if any, as its owner or as the person who is entitled to possess it; or

  • (b) the owner or person who is entitled to possess it, within 60 days after the day on which they are notified that the inspector has released the seized thing, does not claim it.

• Marginal note:Proceedings instituted

  (2) Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the thing that was seized.

• Marginal note:Disposal

  (3) A seized thing that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Marginal note:Forfeiture — conviction for offence

• 27 (1) If a person is convicted of an offence under this Act, the court may order that a seized thing by means of or in relation to which the offence was committed be forfeited to Her Majesty in right of Canada.

• Marginal note:Disposal

  (2) A seized thing that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Marginal note:Forfeiture — on consent

28 If the owner of a seized thing consents to its forfeiture, the seized thing is forfeited to Her Majesty in right of Canada and may be disposed of at the expense of the owner.

Removal or Forfeiture of Unlawful Imports

Marginal note:Unlawful imports

• 28.1 (1) An inspector who has reasonable grounds to believe that an imported consumer product does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the product, the opportunity to take a measure in respect of it.

• Marginal note:Factors

  (2) In making a decision under subsection (1), the inspector shall consider, among other factors

  • (a) whether the consumer product is a danger to human health or safety; and

  • (b) any other prescribed factors.

• Marginal note:Duty of inspector

  (3) If the inspector decides under subsection (1) not to give the owner, importer or the person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the product, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.

• Marginal note:Measures that may be taken and notice

  (4) However, if the inspector decides under subsection (1) to give the owner, importer or person having possession, care or control of the consumer product the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner, importer or person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner, importer or person having possession, care or control of the product that they may take that measure within the period specified by the inspector or other inspector, as the case may be.

• Marginal note:Forfeiture

  (5) If a person is notified under subsection (4) that they may consent to the forfeiture of the consumer product and the person consents to its forfeiture, the product is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.

Analysis

Marginal note:Analysts

29 The Minister may designate any individual or class of individuals as analysts for the administration and enforcement of this Act and the regulations.

Marginal note:Analysis and examination

• 30 (1) An inspector may submit to an analyst, for analysis or examination, anything seized by the inspector, or any sample of it, or any samples taken by the inspector.

• Marginal note:Certificate or report

  (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.

Orders for Recalls and Taking Measures

Marginal note:Recall

• 31 (1) If the Minister believes on reasonable grounds that a consumer product is a danger to human health or safety, he or she may order a person who manufactures, imports or sells the product for commercial purposes to recall it.

• Marginal note:Notice

  (2) The order shall be provided in the form of a written notice and must include

  • (a) a statement of the reasons for the recall; and

  • (b) the time and manner in which the recall is to be carried out.

Marginal note:Taking measures

• 32 (1) The Minister may order a person who manufactures, imports, advertises or sells a consumer product to take any measure referred to in subsection (2) if

  • (a) that person does not comply with an order made under section 12 with respect to the product;

  • (b) the Minister has made an order under section 31 with respect to the product;

  • (c) the Minister believes on reasonable grounds that the product is the subject of a measure or recall undertaken voluntarily by the manufacturer or importer; or

  • (d) the Minister believes on reasonable grounds that there is a contravention of this Act or the regulations in relation to the product.

• Marginal note:Measures

  (2) The measures include

  • (a) stopping the manufacturing, importation, packaging, storing, advertising, selling, labelling, testing or transportation of the consumer product or causing any of those activities to be stopped; and

  • (b) any measure that the Minister considers necessary to remedy a non-compliance with this Act or the regulations, including any measure that relates to the product that the Minister considers necessary in order for the product to meet the requirements of the regulations or to address or prevent a danger to human health or safety that the product poses.

• Marginal note:Notice

  (3) The order shall be provided in the form of a written notice and must include

  • (a) a statement of the reasons for the measure; and

  • (b) the time and manner in which the measure is to be carried out.

Marginal note:Recall or measures taken by Minister

33 If a person does not comply with an order made under section 31 or 32 within the time specified, the Minister may, on his or her own initiative and at that person’s expense, carry out the recall or measure required.

Review of Orders for Recalls and Taking Measures

Marginal note:Review officer

34 The Minister may designate any individual or class of individuals that are qualified as review officers for the purpose of reviewing orders under section 35.

Marginal note:Request for review

• 35 (1) Subject to any other provision of this section, an order that is made under section 31 or 32 shall be reviewed on the written request of the person who was ordered to recall a consumer product or to take another measure — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.

• Marginal note:Contents of and time for making request

  (2) The written request must state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided or, in the event of a serious and imminent danger to human health or safety, any shorter period that may be specified in the order.

• Marginal note:No authority to review

  (3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

• Marginal note:Reasons for refusal

  (4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.

• Marginal note:Review initiated by review officer

  (5) A review officer — other than the individual who made the order — may review an order, whether or not a request is made under subsection (1).

• Marginal note:Order in effect

  (6) An order continues to apply during a review unless the review officer decides otherwise.

• Marginal note:Completion of review

  (7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.

• Marginal note:Extension of period for review

  (8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.

• Marginal note:Reasons for extension

  (9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.

• Marginal note:Decision on completion of review

  (10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.

• Marginal note:Notice

  (11) The person who made the request or, if there is no request, the person who was ordered to recall the consumer product or to take another measure shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).

• Marginal note:Effect of amendment

  (12) An order that is amended is subject to review under this section.

Injunction

Marginal note:Court

• 36 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do an act or thing that constitutes or is directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person who is named in the application to

  • (a) refrain from doing an act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

  • (b) do an act or thing that it appears to the court may prevent the commission of an offence under this Act.

• Marginal note:Notice

  (2) No injunction shall be issued under subsection (1) unless 48 hours’ notice is served to the party or parties who are named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Costs

Marginal note:Recovery

• 36.1 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under the provisions of this Act, except section 64, or the regulations, including

  • (a) the storage, movement or disposal of a thing; or

  • (b) the recall or measure carried out under section 33.

• Marginal note:Time limit

  (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.

Marginal note:Certificate of default

• 36.2 (1) Any debt that may be recovered under subsection 36.1(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:Judgment

  (2) On production to the Federal Court, a certificate made under subsection (1) 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 the certificate and all reasonable costs and charges attendant in the registration of the certificate.

Regulations

Marginal note:Governor in Council

• 37 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

  • (a) exempting, with or without conditions, a consumer product or class of consumer products from the application of this Act or the regulations or a provision of this Act or the regulations, including exempting consumer products manufactured in Canada for the purpose of export or imported solely for the purpose of export;

  • (b) exempting, with or without conditions, a class of persons from the application of this Act or the regulations or a provision of this Act or the regulations in relation to a consumer product or class of consumer products;

  • (c) amending Schedule 1 or 2 by adding or deleting a consumer product or class of consumer products;

  • (d) respecting the preparation and maintenance of documents, including by specifying the documents to be prepared and maintained, where they may be kept and for how long;

  • (e) specifying the documents that an importer shall provide the Minister with under subsection 13(5);

  • (f) respecting the manufacturing, importation, packaging, storing, sale, advertising, labelling, testing or transportation of a consumer product or class of consumer products;

  • (g) prohibiting the manufacturing, importation, packaging, storing, sale, advertising, labelling, testing or transportation of a consumer product or class of consumer products;

  • (h) respecting the communication of warnings or other health or safety information to the public by a person who manufactures, imports, advertises or sells a consumer product or class of consumer products, including by way of a product’s label or instructions;

  • (i) respecting the time and manner in which information, notices and documents are to be provided or served under this Act;

  • (j) respecting the designation or recognition of persons or classes of persons who would be authorized to certify that a consumer product or class of consumer products meets the applicable requirements and respecting their functions in relation to that certification;

  • (k) respecting the performance of an inspector’s, analyst’s or review officer’s functions and the circumstances in which an inspector or a review officer may exercise their powers;

  • (l) respecting the taking of samples or the seizure, detention, forfeiture or disposal of anything under this Act;

  • (m) respecting the recall of a consumer product or class of consumer products;

  • (n) respecting the measures referred to in section 32;

  • (o) respecting the review of orders under section 35;

  • (o.1) respecting the costs in relation to anything required or authorized under the provisions of this Act or the regulations;

  • (o.2) respecting the implementation, in relation to consumer products, of international agreements that affect those products; and

  • (p) prescribing anything that by this Act is to be prescribed.

• Marginal note:Externally produced material

  (2) A regulation made under this Act may incorporate by reference documents produced by a person or body other than the Minister including by

  • (a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

  • (b) an industrial or trade organization; or

  • (c) a government.

• Marginal note:Reproduced or translated material

  (3) A regulation made under this Act may incorporate by reference documents that the Minister reproduces or translates from documents produced by a body or person other than the Minister

  • (a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or

  • (b) in a form that sets out only the parts of them that apply for the purposes of the regulation.

• Marginal note:Jointly produced documents

  (4) A regulation made under this Act may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

• Marginal note:Internally produced standards

  (5) A regulation made under this Act may incorporate by reference technical or explanatory documents that the Minister produces, including

  • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

  • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (6) Documents may be incorporated by reference as amended from time to time.

• Marginal note:For greater certainty

  (7) Subsections (2) to (6) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

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.

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.

Marginal note:Burden of proof

60 In every case where the facts of a violation are reviewed by the Minister, he or she must determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.

Marginal note:Violation by corporate officers, etc.

61 If a person other than an individual commits a violation 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 violation is a party to and liable for the violation whether or not the person who actually committed the violation is proceeded against in accordance with this Act.

Marginal note:Vicarious liability — acts of employees and agents

62 A person is liable for a violation that is committed by any employee, agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.

Marginal note:Continuing violation

63 A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.

Marginal note:Forfeiture

64 Anything seized under this Act that is the subject of a violation is, at Her election, immediately forfeited to Her Majesty in right of Canada and may be disposed of, at the expense of its owner or the person who was entitled to possess it at the time of its seizure, if

• (a) the person is deemed by this Act to have committed the violation; or

• (b) the Minister, on the basis of a review under this Act, has determined that the person has committed the violation.

Other Provisions

Marginal note:Evidence

65 In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.

Marginal note:Time limit

66 No proceedings in respect of a violation may be commenced later than six months after the Minister becomes aware of the acts or omissions that constitute the alleged violation.

General Provisions

Marginal note:Committee

• 67 (1) The Minister shall establish a committee to provide him or her with advice on matters in connection with the administration of this Act, including the labelling of consumer products.

• Marginal note:Advice available to public

  (2) The committee shall make available to the public the advice it provided to the Minister.

• Marginal note:Remuneration and travel and living expenses

  (3) Committee members may be paid remuneration up to the amount that is fixed by the Governor in Council and are entitled to the reasonable travel and living expenses that they incur while performing their duties away from their ordinary place of residence.

Marginal note:Statutory Instruments Act

68 For greater certainty, orders made under this Act, except under section 40, are not statutory instruments within the meaning of the Statutory Instruments Act.

Marginal note:How act or omission may be proceeded with

69 If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Marginal note:Certification by Minister

70 A document appearing to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged offence or violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.

Marginal note:Publication of information about contraventions

71 The Minister may publish information about any contravention of this Act or the regulations, or any violation referred to in section 49, for the purpose of encouraging compliance with this Act and the regulations.

Consequential Amendments to the Hazardous Products Act

72 [Amendments]

73 [Amendment]

74 [Amendment]

75 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote ^*76 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force June 20, 2011, see SI/2011-12.]