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

Short Title

Marginal note:Short title

1 This Act may be cited as the Consumer Packaging and Labelling Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  advertise

  advertise means make any representation to the public by any means whatever, other than a label, for the purpose of promoting directly or indirectly the sale of a product; (publicité ou annonce)

  apply

  apply means, in respect of a label, to attach to, imprint on, include in or cause to accompany in any other way a product; (Version anglaise seulement)

  Commissioner

  Commissioner means the Commissioner of Competition appointed under the Competition Act; (commissaire)

  container

  container means a receptacle, package, wrapper or confining band in which a product is offered for sale but does not include package liners or shipping containers or any outer wrapping or box that is not customarily displayed to the consumer; (contenant)

  dealer

  dealer means a person who is a retailer, manufacturer, processor or producer of a product, or a person who is engaged in the business of importing, packing or selling any product; (fournisseur)

  inspector

  inspector means any person designated as an inspector for the enforcement of this Act under the Department of Industry Act; (inspecteur)

  label

  label means any label, mark, sign, device, imprint, stamp, brand, ticket or tag; (Version anglaise seulement)

  Minister

  Minister means the Minister of Industry; (ministre)

  prepackaged product

  prepackaged product means any product that is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being re-packaged; (produit préemballé)

  prescribed

  prescribed means prescribed by the regulations; (Version anglaise seulement)

  product

  product means any article that is or may be the subject of trade or commerce but does not include land or any interest or right in land; (produit)

  sell

  sell includes

  • (a) offer for sale, expose for sale and have in possession for sale, and

  • (b) display in such manner as to lead to a reasonable belief that the substance or product so displayed is intended for sale. (vendre)

• Marginal note:Functions of Commissioner

  (2) The functions of the Minister in relation to the administration of this Act, except subsection 11(1), and in relation to the enforcement of this Act may be performed by the Commissioner on behalf of the Minister.

Application of Act

Marginal note:Application despite other Acts

• 3 (1) Subject to subsections (2) and (3) and any regulations made under section 18, the provisions of this Act that are applicable to any product apply despite any other Act of Parliament.

• Marginal note:Exemption

  (2) This Act does not apply to any product that is a device or drug as defined in section 2 of the Food and Drugs Act.

• Marginal note:Exemption

  (3) This Act does not apply to any food commodity as defined in section 2 of the Safe Food for Canadians Act.

Prohibitions

Marginal note:Prohibition respecting labels

• 4 (1) No dealer shall sell, import into Canada or advertise any prepackaged product unless that product has applied to it a label containing a declaration of net quantity of the product in the form and manner required by this Act or prescribed and in terms of either

  • (a) numerical count, or

  • (b) a unit of measurement set out in Schedule I to the Weights and Measures Act,

  as may be prescribed.

• Marginal note:Declaration of net quantity to be readily distinguishable

  (2) A declaration of net quantity referred to in subsection (1) shall be located on the principal display panel of the label and shall be clearly and prominently displayed, easily legible and in distinct contrast to any other information or representation shown on the label.

Marginal note:Prohibition respecting advertising

5 No dealer shall, in advertising any prepackaged product, make any representation with respect to the net quantity of the product except in accordance with this Act and the regulations.

Marginal note:Prohibition respecting packaging

6 No dealer shall sell or import into Canada any prepackaged product that is packaged in such a manner that it does not meet the packaging requirements established in relation to that product by regulations made pursuant to subsection 11(1).

Marginal note:Representations relating to prepackaged products

• 7 (1) No dealer shall apply to any prepackaged product or sell, import into Canada or advertise any prepackaged product that has applied to it a label containing any false or misleading representation that relates to or may reasonably be regarded as relating to that product.

• Definition of false or misleading representation

  (2) For the purposes of this section, false or misleading representation includes

  • (a) any representation in which expressions, words, figures, depictions or symbols are used, arranged or shown in a manner that may reasonably be regarded as qualifying the declared net quantity of a prepackaged product or as likely to deceive a consumer with respect to the net quantity of a prepackaged product;

  • (b) any expression, word, figure, depiction or symbol that implies or may reasonably be regarded as implying that a prepackaged product contains any matter not contained in it or does not contain any matter in fact contained in it; and

  • (c) any description or illustration of the type, quality, performance, function, origin or method of manufacture or production of a prepackaged product that may reasonably be regarded as likely to deceive a consumer with respect to the matter so described or illustrated.

• Marginal note:Where, within prescribed tolerances, net quantity not less than declared

  (3) Where a declaration of net quantity shows the purported net quantity of the prepackaged product to which it is applied, that declaration shall be deemed not to be a false or misleading representation if the net quantity of the prepackaged product is, subject to the prescribed tolerance, not less than the declared net quantity of the prepackaged product and the declaration otherwise meets the requirements of this Act and the regulations.

8 [Repealed, 2012, c. 24, s. 82]

Marginal note:Containers of prepackaged products

• 9 (1) No dealer shall sell, import into Canada or advertise any prepackaged product that is packaged in a container that has been manufactured, constructed or filled or is displayed in such a manner that a consumer might reasonably be misled with respect to the quality or quantity of the product.

• Marginal note:Recognized and accepted production practice, if necessary for packaging, a defence

  (2) No dealer is guilty of the offence of selling, importing into Canada or advertising a prepackaged product that is packaged in a container that has been filled in such a manner that a consumer might reasonably be misled with respect to the quality or quantity of the product if the dealer establishes that the container was filled in accordance with a recognized and accepted production practice that is reasonably necessary for the purpose of packaging the product.