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

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.

Marginal note:Proposed regulation to be laid before Parliament

• 38 (1) Before a regulation is made under paragraph 37(1)(a), (b) or (c), the Minister shall cause the proposed regulation to be laid before each House of Parliament.

• Marginal note:Report by committee — Senate

  (2) The proposed regulation may be referred to an appropriate committee of the Senate, as determined by its rules, which may review the proposed regulation and report its findings to the Senate.

• Marginal note:Report by committee — House of Commons

  (3) The proposed regulation shall be referred to the Standing Committee on Health of the House of Commons or, if there is not a Standing Committee on Health, the appropriate committee of the House of Commons, as determined by its rules, which may review the proposed regulation and report its findings to the House of Commons.

• Marginal note:Making of regulations

  (4) A regulation may not be made before the earliest of

  • (a) 30 sitting days after the proposed regulation is laid before both Houses of Parliament,

  • (b) 90 calendar days after the proposed regulation is laid before both Houses of Parliament, and

  • (c) the day after each appropriate committee has reported its findings with respect to the proposed regulation.

• Marginal note:Explanation

  (5) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall cause to be laid before that House a statement of the reasons for not incorporating it.

• Marginal note:Alteration

  (6) A proposed regulation that has been laid before both Houses of Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.

• Definition of sitting day

  (7) For the purpose of subsection (4), sitting day means a day on which either House of Parliament sits.

Marginal note:Exceptions

• 39 (1) A regulation may be made without being laid before either House of Parliament if the Minister is of the opinion that

  • (a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 38 should not apply in the circumstances; or

  • (b) the regulation must be made immediately in order to protect the health or safety of any person.

• 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.

Interim Orders

Marginal note:Regulations

• 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

  (3) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act.

• Marginal note:Deeming

  (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.

Offences

Marginal note:Offence

• 41 (1) A person who contravenes a provision of this Act, other than section 8, 10, 11 or 20, 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 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.