Review by the Minister

Marginal note:Review — with respect to facts

• 56. (1) On completion of a review requested under paragraph 53(2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister shall determine whether the person requesting the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the regulations, the Minister shall correct the amount and cause a notice of any decision under this subsection to be provided to the person who requested the review.

• Marginal note:Review — with respect to penalty

  (2) On completion of a review requested under paragraph 53(2)(b), with respect to the amount of the penalty, if the Minister determines that the amount of the penalty was not established in accordance with the regulations, the Minister shall correct the amount and cause a notice of any decision under this subsection to be provided to the person who requested the review.

• Marginal note:Payment

  (3) If the Minister determines under subsection (1) that a person committed a violation, the person is liable to pay the amount of the penalty confirmed or corrected in that decision in the prescribed time and manner.

• Marginal note:Effect of payment

  (4) If a person pays the amount referred to in subsection (3),

  • (a) the Minister shall accept the amount as complete satisfaction of the penalty; and

  • (b) the proceedings commenced in respect of the violation under section 52 are ended.

• Marginal note:Written evidence and submissions

  (5) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether a penalty was established in accordance with the regulations.

Enforcement

Marginal note:Debts to Her Majesty

• 57. (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered as such in the Federal Court:

  • (a) the amount of a penalty, from the time the notice of violation setting out the penalty is provided;

  • (b) every amount set out in a compliance agreement entered into with the Minister under subsection 54(1), from the time the compliance agreement is entered into;

  • (c) the amount set out in a notice of default referred to in subsection 54(4), from the time the notice is provided;

  • (d) the amount of a penalty as set out in a decision of the Minister under subsection 56(1) or (2), from the time the notice under that subsection is provided; and

  • (e) the amount of any reasonable expenses incurred under section 64, from the date they are incurred.

• Marginal note:Time limit

  (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.

• Marginal note:Debt final

  (3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 53 to 56.

Marginal note:Certificate of default

• 58. (1) Any debt referred to in subsection 57(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:Judgments

  (2) On production to the Federal Court, the certificate 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 it and all reasonable costs and charges associated with the registration of the certificate.

Rules of Law About Violations

Marginal note:Certain defences not available

• 59. (1) A person named in a notice of violation does not have a defence by reason that the person

  • (a) exercised due diligence to prevent the violation; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Burden of proof

60. In every case where the facts of a violation are reviewed by the Minister, he or she must determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.

Marginal note:Violation by corporate officers, etc.

61. If a person other than an individual commits a violation under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed the violation is proceeded against in accordance with this Act.

Marginal note:Vicarious liability — acts of employees and agents

62. A person is liable for a violation that is committed by any employee, agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.

Marginal note:Continuing violation

63. A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.

Marginal note:Forfeiture

64. Anything seized under this Act that is the subject of a violation is, at Her election, immediately forfeited to Her Majesty in right of Canada and 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, if

• (a) the person is deemed by this Act to have committed the violation; or

• (b) the Minister, on the basis of a review under this Act, has determined that the person has committed the violation.

Other Provisions

Marginal note:Evidence

65. In any proceeding for a violation or for a prosecution for an offence, a notice of violation purporting to be issued pursuant to this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.

Marginal note:Time limit

66. No proceedings in respect of a violation may be commenced later than six months after the Minister becomes aware of the acts or omissions that constitute the alleged violation.

GENERAL PROVISIONS

Marginal note:Committee

• 67. (1) The Minister shall establish a committee to provide him or her with advice on matters in connection with the administration of this Act, including the labelling of consumer products.

• Marginal note:Advice available to public

  (2) The committee shall make available to the public the advice it provided to the Minister.

• Marginal note:Remuneration and travel and living expenses

  (3) Committee members may be paid remuneration up to the amount that is fixed by the Governor in Council and are entitled to the reasonable travel and living expenses that they incur while performing their duties away from their ordinary place of residence.

Marginal note:Statutory Instruments Act

68. For greater certainty, orders made under this Act, except under section 40, are not statutory instruments within the meaning of the Statutory Instruments Act.

Marginal note:How act or omission may be proceeded with

69. If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Marginal note:Certification by Minister

70. A document appearing to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged offence or violation 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, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.

Marginal note:Publication of information about contraventions

71. The Minister may publish information about any contravention of this Act or the regulations, or any violation referred to in section 49, for the purpose of encouraging compliance with this Act and the regulations.

R.S., c. H-3CONSEQUENTIAL AMENDMENTS TO THE HAZARDOUS PRODUCTS ACT

Marginal note:R.S., c. 24 (3rd Supp.), s. 1

• 72. (1) The definitions “advertise”, “controlled product”, “hazardous product”, “prohibited product” and “restricted product” in section 2 of the Hazardous Products Act are repealed.

• (2) Section 2 of the Act is amended by adding the following in alphabetical order:

  “controlled product” or “hazardous product”

  « produit contrôlé » ou « produit dangereux »

  “controlled product” or “hazardous product” means any product, material or substance specified by the regulations made pursuant to paragraph 15(1)(a) to be included in any of the classes listed in Schedule II;

Marginal note:R.S., c. 24 (3rd Supp.), s. 1, c. 15 (4th Supp.), s. 9(2); 1996, c. 8, s. 26; 1997, c. 9, s. 104; 2002, c. 28, s. 85; 2004, c. 9, ss. 1 and 2, c. 15, s. 67

73. Part I of the Act is repealed.

Marginal note:R.S., c. 24 (3rd Supp.), s. 1

74. Paragraph 12(f) of the Act is replaced by the following: