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

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:Means of telecommunication

  (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes 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.