Administrative Monetary Penalties (Consumer Products) Regulations

SOR/2013-101

CANADA CONSUMER PRODUCT SAFETY ACT

Registration 2013-05-24

Administrative Monetary Penalties (Consumer Products) Regulations

P.C. 2013-568 2013-05-23

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to paragraphs 37(1)(i) and (p) and subsection 50(1) of the Canada Consumer Product Safety ActFootnote a, makes the annexed Administrative Monetary Penalties (Consumer Products) Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Loi

Act means the Canada Consumer Product Safety Act. (Loi)

compliance agreement

transaction

compliance agreement means an agreement referred to in paragraph 53(2)(a) of the Act. (transaction)

violation

violation

violation means a violation committed under section 49 of the Act. (violation)

Classification

Marginal note:Violation — minor, serious, and very serious

 A violation is classified as

  • (a) minor, if the total gravity factor for the violation is two;

  • (b) serious, if the total gravity factor for the violation is three or four; and

  • (c) very serious, if the total gravity factor for the violation is five.

Total Gravity Factor

Marginal note:Gravity factor — sum
  •  (1) Subject to subsection (2), the total gravity factor for a violation is the sum of the gravity factor set out in column 2 of Table 1 that is associated with the applicable description set out in column 1, and the gravity factor set out in column 3 of Table 2 that is associated with the applicable provision set out in column 1.

    TABLE 1

    HISTORY

    ItemColumn 1Column 2
    DescriptionGravity Factor
    1No previous violation in respect of which a notice of violation was issued was committed by the person within the five years before the day on which the violation is committed0
    2One violation in respect of which a notice of violation was issued was committed by the person within the five years before the day on which the violation is committed1
    3More than one violation in respect of which a notice of violation was issued was committed by the person within the five years before the day on which the violation is committed2

    TABLE 2

    TYPE OF VIOLATION

    ItemColumn 1Column 2Column 3
    Provision of the ActShort-form DescriptionFootnote for TABLE 2 TYPE OF VIOLATION*Gravity Factor
    1Paragraph 32(1)(a)Failure to comply with an order by the Minister to take measures — person did not comply with an order made under section 12 of the Act2
    2Paragraph 32(1)(c)Failure to comply with an order by the Minister to take measures — Minister believes on reasonable grounds that a product is the subject of a voluntary measure or recall2
    3Paragraph 32(1)(d)Failure to comply with an order by the Minister to take measures — Minister believes on reasonable grounds that there is a contravention of the Act or its regulations2
    4Subsection 31(1)Failure to comply with an order by the Minister to recall a product3
    5Paragraph 32(1)(b)Failure to comply with an order by the Minister to take measures — Minister has already made an order under section 31 of the Act3
    • Return to footnote *The short-form descriptions are established by the Minister under paragraph 51(b) of the Act and are provided here for convenience only. They do not form part of these Regulations and may be amended by the Minister without the need to amend these Regulations.

  • Marginal note:Gravity factor — reviewed order

    (2) If, after completing a review under section 35 of the Act, the review officer decides that the order should have been made under a different provision, the calculation under subsection (1) must reflect that decision.

Penalties

Marginal note:Amount

 The penalty for a violation with a total gravity factor set out in column 1 of the table is, in the case of a violation committed by a non-profit organization or by any other person for non-commercial purposes, the penalty set out in column 2 and, in any other case, the penalty set out in column 3.

TABLE

PENALTIES

ItemColumn 1Column 2Column 3
Total Gravity Factor (Classification of Violation)Penalty for Violation Committed by a Non-profit Organization or by any Other Person for Non-commercial PurposesPenalty for Violation Committed in any Other Case
12 (minor)$1,000$10,000
23 (serious)$2,000$15,000
34 (serious)$3,500$20,000
45 (very serious)$5,000$25,000

Payment Referred to in Subsections 52(1) and 53(1) of the Act

Marginal note:Reduced penalty
  •  (1) For the purposes of paragraph 52(1)(e) of the Act, the lesser amount that may be paid as complete satisfaction of the penalty is one half of the amount of the penalty.

  • Marginal note:Time and manner of payment — reduced penalty

    (2) A person that is provided with a notice of violation and wishes to pay the lesser amount must

    • (a) deliver the amount in person no later than 15 days after the day on which the notice is provided;

    • (b) send the amount by regular mail that is postmarked no later than 15 days after the day on which the notice is provided; or

    • (c) send the amount, by a mail or courier service that provides the recipient with a document specifying the date of sending, no later than 15 days after the day on which the notice is provided.

  • Marginal note:Time and manner of payment — full penalty

    (3) A person that is provided with a notice of violation and wishes to pay the amount of the penalty set out in the notice must

    • (a) deliver the amount in person no later than 30 days after the day on which the notice is provided;

    • (b) send the amount by regular mail that is postmarked no later than 30 days after the day on which the notice is provided; or

    • (c) send the amount, by a mail or courier service that provides the recipient with a document specifying the date of sending, no later than 30 days after the day on which the notice is provided.

  • Marginal note:Manner of payment

    (4) Payments must be made by means of a certified cheque or bank draft made payable to the Receiver General for Canada and must be delivered or sent to the address set out in the notice of violation.

Compliance Agreements

Marginal note:Request
  •  (1) For the purposes of paragraph 53(2)(a) of the Act, a request to enter into a compliance agreement must be submitted in writing to the address set out in the notice of violation by

    • (a) delivering it in person no later than 15 days after the day on which the notice is provided;

    • (b) sending it by regular mail that is postmarked no later than 15 days after the day on which the notice is provided; or

    • (c) sending it, by a mail or courier service that provides the recipient with a document specifying the date of sending, no later than 15 days after the day on which the notice is provided.

  • Marginal note:Payment under paragraph 54(4)(a) of Act

    (2) For the purposes of paragraph 54(4)(a) of the Act, if the person is liable to pay twice the amount of the penalty, that amount must be paid in a manner set out in subsection 5(2) except that the relevant time is 15 days after the day on which the notice of default is provided. The amount must also be paid in accordance with subsection 5(4).

Marginal note:Payment under subsection 55(1) of Act

 For the purposes of subsection 55(1) of the Act, the amount of the penalty must be paid in a manner set out in subsection 5(2) except that the relevant time is 15 days after the day on which written notice of the Minister’s refusal is provided. The amount must also be paid in accordance with subsection 5(4).

Review by Minister

Marginal note:Time and manner of request
  •  (1) For the purposes of paragraph 53(2)(b) of the Act, a request for a review by the Minister must be submitted in writing to the address set out in the notice of violation by

    • (a) delivering it in person no later than 30 days after the day on which the notice is provided;

    • (b) sending it by regular mail that is postmarked no later than 30 days after the day on which the notice is provided; or

    • (c) sending it, by a mail or courier service that provides the recipient with a document specifying the date of sending, no later than 30 days after the day on which the notice is provided.

  • Marginal note:Time and manner of payment

    (2) For the purposes of subsection 56(3) of the Act, the amount of the penalty that is confirmed or corrected in the Minister’s decision must be paid in a manner set out in subsection 5(2) except that the relevant time is 30 days after the day on which the notice of the decision is provided. The amount must also be paid in accordance with subsection 5(4).

Providing Documents

Marginal note:Individuals
  •  (1) Any document referred to in these Regulations, except an order made under section 31 or 32 of the Act, that is to be provided to an individual, other than the Minister, who is named in the document must be provided by

    • (a) delivering it to the individual at any place; or

    • (b) if delivery is attempted under paragraph (a) and for any reason is not successful, sending it, by a mail or courier service that provides the sender and the recipient with a document specifying the date of delivery, to the individual’s last known address or usual place of residence.

  • Marginal note:Persons other than individuals

    (2) Any document referred to in these Regulations, except an order made under section 31 or 32 of the Act, that is to be provided to a person, other than an individual, that is named in the document must be provided by

    • (a) sending it, by a mail or courier service that provides the sender and the recipient with a document specifying the date of delivery, to the person at the head office or place of business of the person or of the person’s agent or mandatary; or

    • (b) delivering it, at the head office or place of business of the person or of the person’s agent or mandatary, to an officer or any other individual who appears to be in control of or managing the head office or place of business.

  • Marginal note:Notice of compliance

    (3) The requirements in this section also apply to notices provided under subsection 54(3) of the Act.

Coming into Force

Marginal note:Registration

 These Regulations come into force on the day on which they are registered.

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