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.
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(b) the day on which it is repealed,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
(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.
(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.
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.
(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.
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
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
(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.
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