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

Act current to 2022-11-16 and last amended on 2020-07-01. Previous Versions

Disclosure of Information by the Minister (continued)

Marginal note:Confidential business information — agreement

 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

  •  (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

 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

  •  (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.

  • 2010, c. 21, s. 19
  • 2016, c. 9, s. 63

Marginal note:Obstruction and false statements

 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

  •  (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

  •  (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

 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

 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

 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

  •  (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.

  • 2010, c. 21, s. 26
  • 2016, c. 9, s. 64

Marginal note:Forfeiture — conviction for offence

  •  (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

 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

  •  (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.

  • 2016, c. 9, s. 65

Analysis

Marginal note:Analysts

 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

  •  (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

  •  (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

  •  (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

 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

 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.

 
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