Consumer Packaging and Labelling Act (R.S.C., 1985, c. C-38)

Marginal note:Offence by employee or agent or mandatary

• 21 (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

• Marginal note:Limitation period

  (2) Any proceedings by way of summary conviction for an offence referred to in subsection 20(1) or (2) may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose.

• (2.1) [Repealed, 2012, c. 24, s. 85]

• Marginal note:Minister’s certificate

  (2.2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

• Marginal note:Venue

  (3) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Identification appearing in labels

• 22 (1) In any prosecution for an offence under this Act, evidence that a label applied to a product bore identification purporting to identify the person by or for whom the product was manufactured or produced is, in the absence of evidence to the contrary, proof that the person whose identification appeared in the label is the person by or for whom the product was manufactured or produced and the person responsible for the information and representations in the label.

• Marginal note:Identification appearing on containers

  (2) In any prosecution for an offence under this Act in relation to a product to which a label purporting to identify the person by or for whom the product was manufactured or produced is not applied, evidence that a container of the product bore identification purporting to identify the person by or for whom the product was manufactured or produced is, in the absence of evidence to the contrary, proof that the person whose identification appeared on the container is the person by or for whom the product was manufactured or produced and the person responsible for the information and representations on the container.

Marginal note:Articles received or in transit before contravened regulation in force

• 23 (1) No person shall be convicted of an offence under this Act in relation to the sale, importation or advertising of a product if the person establishes to the satisfaction of the court that the product in relation to which the offence was committed was received by, or was in transit to, the person from a dealer before the coming into force of the regulation that created the requirement with which the person has failed to comply.

• Marginal note:Advertising before contravened regulation in force

  (2) No person shall be convicted of an offence under this Act in relation to the advertising of a product if the person establishes to the satisfaction of the court that the advertisement

  • (a) was published, or

  • (b) was authorized in final form and despatched for publication,

  before the coming into force of the regulation that created the requirement with which the person has failed to comply.