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.
(2) In making a decision under subsection (1), the inspector shall consider, among other 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.
(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.
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
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
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.
(2) The order shall be provided in the form of a written notice and must include
Marginal note:Taking measures
(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.
(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.
(3) The order shall be provided in the form of a written notice and must include
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.
(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.
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
(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.
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