Marginal note:For greater certainty

18. For greater certainty, the Minister may disclose to the public information about a danger to human health or safety that a consumer product poses.

INSPECTORS

Marginal note:Number of inspectors

• 19. (1) The Minister shall decide on the number of inspectors sufficient for the purpose of the administration and enforcement of this Act and the regulations.

• Marginal note:Designation

  (2) The Minister may designate an individual as an inspector for the purpose of the administration and enforcement of this Act and the regulations.

• Marginal note:Certificate to be produced

  (3) An inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering a place under subsection 21(1), the inspector shall, on request, produce the certificate to the person in charge of that place.

Marginal note:Obstruction and false statements

20. No person shall knowingly obstruct, hinder or make a false or misleading statement either orally or in writing to an inspector who is carrying out their functions.

INSPECTION

Marginal note:Authority to enter place

• 21. (1) Subject to subsection 22(1), an inspector may, for the purpose of verifying compliance or preventing non-compliance with this Act or the regulations, at any reasonable time enter a place, including a conveyance, in which they have reasonable grounds to believe that a consumer product is manufactured, imported, packaged, stored, advertised, sold, labelled, tested or transported, or a document relating to the administration of this Act or the regulations is located.

• Marginal note:Powers

  (2) The inspector may, for the purpose referred to in subsection (1),

  • (a) examine or test anything — and take samples free of charge of an article to which this Act or the regulations apply — that is found in the place;

  • (b) open a receptacle or package that is found in the place;

  • (c) examine a document that is found in the place, make a copy of it or take an extract from it;

  • (d) seize and detain for any time that may be necessary

    • (i) an article to which this Act or the regulations apply that is found in the place, or

    • (ii) the conveyance;

  • (e) order the owner or person having possession, care or control of an article to which this Act or the regulations apply that is found in the place — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (f) use or cause to be used a computer or other device that is at the place to examine a document that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

  • (g) use or cause to be used copying equipment that is at the place and remove the copies for examination;

  • (h) take photographs and make recordings and sketches; and

  • (i) order the owner or person in charge of the place or a person who manufactures, imports, packages, stores, advertises, sells, labels, tests or transports a consumer product at the place to establish their identity to the inspector’s satisfaction or to stop or start the activity.

• Marginal note:Conveyance

  (3) For the purpose of entering the conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• Marginal note:Entering private property

  (4) An inspector who is carrying out their functions and any person accompanying them may enter on or pass through or over private property.

• Marginal note:Assistance and information to be given to inspector

  (5) The owner or person in charge of the place and every person found in the place shall give an inspector who is carrying out their functions all reasonable assistance and provide them with any information that they may reasonably require.

Marginal note:Warrant or consent required to enter dwelling-house

• 22. (1) If the place mentioned in subsection 21(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to the conditions specified in the warrant, the person who is named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place described in subsection 21(1);

  • (b) entry to the dwelling-house is necessary for the purposes referred to in subsection 21(1); and

  • (c) entry to the dwelling-house was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (3) In executing a warrant issued under subsection (2), the inspector may not use force unless they are accompanied by a peace officer and the use of force is authorized in the warrant.

• Marginal note:Telewarrant

  (4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

PROCEDURES FOLLOWING SEIZURE

Marginal note:Interference

23. Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized under this Act.

Marginal note:Storage of things seized

24. An inspector who seizes a thing under this Act may

• (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it to another place; or

• (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it to another place at their expense.

Marginal note:Release of things seized

25. An inspector who seizes a thing under this Act shall release it if they are satisfied that the provisions of this Act and the regulations with respect to it have been complied with.

Marginal note:Forfeiture — thing unclaimed

• 26. (1) A seized thing is, at Her election, forfeited to Her Majesty in right of Canada if

  • (a) within 60 days after the seizure, no person is identified as its owner or as a person who is entitled to possess it; or

  • (b) the owner or person who is entitled to possess it, within 60 days after the day on which they are notified that the inspector has released the seized thing, does not claim it.

• Marginal note:Proceedings instituted

  (2) Subsection (1) does not apply if proceedings are instituted in respect of an offence that relates to the thing that was seized.

• Marginal note:Disposal

  (3) A seized thing that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Marginal note:Forfeiture — conviction for offence

• 27. (1) If a person is convicted of an offence under this Act, the court may order that a seized thing by means of or in relation to which the offence was committed be forfeited to Her Majesty in right of Canada.

• Marginal note:Disposal

  (2) A seized thing that is forfeited may be disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

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.

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.

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; 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.