GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Consumer Product Safety Act — C-1.68 14
Definition of incident 14 (1) In this section, incident means, with respect to a consumer product, (a) an occurrence in Canada or elsewhere that resulted or may reasonably have been expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury; (b) a defect or characteristic that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury; (c) incorrect or insufficient information on a label or in instructions — or the lack of a label or instructions — that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury; or (d) a recall or measure that is initiated for human health or safety reasons by (i) a foreign entity, (ii) a provincial government, (iii) a public body that is established under an Act of the legislature of a province, (iv) an aboriginal government as defined in subsection 13(3) of the Access to Information Act , or (v) an institution of an entity referred to in subparagraphs (ii) to (iv). Requirement to provide information (2) A person who manufactures, imports or sells a consumer product for commercial purposes shall provide the Minister and, if applicable, the person from whom they received the consumer product with all the information in their control regarding any incident related to the product within two days after the day on which they become aware of the incident. Report (3) The manufacturer of the consumer product, or if the manufacturer carries on business outside Canada, the importer, shall provide the Minister with a written report — containing information about the incident, the product involved in the incident, any products that they manufacture or import, as the case may be, that to their knowledge could be involved in a similar incident and any measures they propose be taken with respect to those products — within 10 days after the day on which they become aware of the incident or within the period that the Minister specifies by written notice.
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Personal information 15 (1) The Minister may disclose personal information to a person or a government that carries out functions relating to the protection of human health or safety without the consent of the individual to whom the personal information relates if the disclosure is necessary to identify or address a serious danger to human health or safety. Privacy Act not affected (2) For greater certainty, nothing in this section affects the provisions of the Privacy Act .
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Confidential business information — agreement 16 The Minister may disclose confidential business information to a person or a government that carries out functions relating to the protection of human health or safety or the environment — in relation to a consumer product — without the consent of the person to whose business or affairs the information relates and without notifying that person if the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions.
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Confidential business information — serious and imminent danger 17 (1) The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person beforehand, disclose confidential business information about a consumer product that is a serious and imminent danger to human health or safety or the environment, if the disclosure of the information is essential to address the danger. Disclosure of information — notification (2) If the Minister discloses confidential business information under subsection (1), he or she shall, not later than the next business day following the disclosure, notify the person to whose business or affairs the information relates. Definition of business day (3) In this section, business day means a day other than a Saturday or a holiday.
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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.
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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. Designation (2) For the purposes of the administration and enforcement of the provisions of this Act and the regulations, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation. 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. 2010, c. 21, s. 19; 2016, c. 9, s. 63
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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.
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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. 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. 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. 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. 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.
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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). 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. 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. Means of telecommunication (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications. 2010, c. 21, s. 22 2022, c. 17, s. 71
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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.
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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.
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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.
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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, in accordance with the regulations, if any, as its owner or as the 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. 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. 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. 2010, c. 21, s. 26; 2016, c. 9, s. 64
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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. 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.
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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.
Canada Consumer Product Safety Act — C-1.68 28.1
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. Factors (2) In making a decision under subsection (1), the inspector shall consider, among other factors (a) whether the consumer product is a danger to human health or safety; and (b) any other prescribed factors. 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. 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. Forfeiture (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
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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.
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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. 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.
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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. 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.
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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. 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. 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.
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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.
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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 .
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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. 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. 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. 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. 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). Order in effect (6) An order continues to apply during a review unless the review officer decides otherwise. 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. 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. 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. Decision on completion of review (10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order. 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). Effect of amendment (12) An order that is amended is subject to review under this section.
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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. 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.
Canada Consumer Product Safety Act — C-1.68 36.1
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. 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. 2016, c. 9, s. 66
Canada Consumer Product Safety Act — C-1.68 36.2
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. 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. 2016, c. 9, s. 66
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hat the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws. 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. Incorporation as amended from time to time (6) Documents may be incorporated by reference as amended from time to time. 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. 2010, c. 21, s. 37; 2016, c. 9, s. 67