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

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.