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

Act current to 2021-12-23 and last amended on 2019-01-15. Previous Versions

Enforcement (continued)

Marginal note:Seizure

  •  (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any product or any labelling, packaging or advertising material by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.

  • Marginal note:Seizure limitation

    (2) Except to the extent that the product or other thing, or a sample thereof, is required as evidence, an inspector shall not seize any product or other thing pursuant to subsection (1) where, in the opinion of the inspector, the seizure of the product or other thing is not necessary in the public interest.

  • Marginal note:Notice to person of provision contravened

    (3) Where an inspector has seized and detained any product or other thing pursuant to subsection (1), he shall, as soon as practicable, advise the person in whose possession the product or other thing was at the time of seizure of the provision of this Act or the regulations that the inspector believes has been contravened.

  • Marginal note:Detention limitation

    (4) Any product or other thing seized pursuant to subsection (1) shall not be detained

    • (a) after the provisions of this Act or any regulations that are applicable to the product or other thing have, in the opinion of an inspector, been complied with;

    • (b) except to the extent that the product or other thing, or a sample thereof, is required as evidence, after an inspector or the Minister is, on application made by the owner of the product or other thing or by the person in whose possession the product or other thing was at the time of seizure, satisfied that it is not necessary in the public interest to continue to detain the product or other thing; or

    • (c) after the expiry of 60 days after the day of seizure unless, before that time,

      • (i) the product or other thing has been forfeited pursuant to section 17,

      • (ii) proceedings have been instituted in respect of the contravention in relation to which the product or other thing was seized, in which event the product or other thing may be detained until the proceedings are finally concluded, or

      • (iii) notice of an application for an order extending the time during which the product or other thing may be detained has been served in accordance with section 16.

  • Marginal note:Storage and removal

    (5) A product or other thing seized by an inspector pursuant to subsection (1) shall be kept or stored in the building or place where it was seized, except where the product or thing, or a sample thereof, is required as evidence or the person in whose possession the product or thing was at the time of seizure or the person entitled to possession of the building or place requests that it be removed to some other proper place, in which case the product or thing or the sample thereof, as the case may be, may be removed to and stored in any other proper place at the direction of or with the concurrence of an inspector.

Marginal note:Application to extend period of detention

  •  (1) Where proceedings have not been instituted in respect of the contravention in relation to which any product or other thing was seized and detained pursuant to subsection 15(1), the Minister may, before the expiration of the period referred to in paragraph 15(4)(c) and on the serving of prior notice in accordance with subsection (2) on the owner of the product or other thing or on the person in whose possession the product or other thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the time during which the product or other thing may be detained.

  • Marginal note:Notice of application

    (2) The notice referred to in subsection (1) shall be served by personal service at least five clear days prior to the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days prior to that day and shall specify

    • (a) the provincial court judge to whom the application is to be made;

    • (b) the place where and the time when the application is to be heard, which time shall be not later than ten days after service of the notice;

    • (c) the product or other thing in respect of which the application is to be made; and

    • (d) the evidence on which the Minister intends to rely to show why the time during which the product or other thing may be detained should be extended.

  • Marginal note:Order of extension granted

    (3) Where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the product or other thing seized should continue to be detained, the provincial court judge shall order that

    • (a) the product or other thing be detained for such additional period of time and on such conditions relating to the detention for that period as he deems proper, and

    • (b) on the expiration of that period, the product or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof,

    unless, before the expiration of that period, subparagraph 15(4)(c)(i) or (ii) applies.

  • Marginal note:Order of extension refused

    (4) Where, on the hearing of an application made under subsection (1), the provincial court judge is not satisfied that the product or other thing seized should continue to be detained, the provincial court judge shall order that the product or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof on the expiration of the period referred to in paragraph 15(4)(c), unless

    • (a) before the expiration of that period of time, subparagraph 15(4)(c)(i) or (ii) applies; or

    • (b) at the time of the hearing, that period has then expired, in which event the provincial court judge shall order the restoration thereof forthwith to the person from whom it was seized or to any other person entitled to possession thereof.

  • R.S., 1985, c. C-38, s. 16
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1997, c. 6, s. 42

Marginal note:Forfeiture on consent

  •  (1) Where an inspector has seized any product or other thing pursuant to subsection 15(1) and the owner thereof or the person in lawful possession thereof at the time of seizure consents in writing to the forfeiture of the product or other thing, the product or other thing is thereupon forfeited to Her Majesty.

  • Marginal note:Forfeiture or other disposal on conviction

    (2) Where a person is convicted of an offence under this Act and any product or other thing seized pursuant to subsection 15(1) by means of which or in relation to which the offence was committed is then being detained, the product or other thing

    • (a) is, on that conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or

    • (b) shall, on the expiration of the time for bringing an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to possession thereof on such conditions, if any, relating to sale or advertising as may be imposed by order of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.

  • Marginal note:Articles deemed not to have been seized

    (3) For the purposes of subsection (2), any product or other thing released from detention pursuant to paragraph 15(4)(a) or (b) shall be deemed not to have been seized pursuant to section 15.

  • 1970-71-72, c. 41, s. 17

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) exempting, conditionally or unconditionally, any prepackaged product or class of prepackaged product from any or all of the provisions of this Act or the regulations;

    • (b) exempting, conditionally or unconditionally, any type of transaction in relation to any prepackaged product or class of prepackaged product from the prohibition contained in section 4;

    • (c) defining the expression principal display panel for the purposes of this Act;

    • (d) prescribing the information that shall be shown on the container of a prepackaged product where any representation is made thereon that the prepackaged product is being offered for sale below the usual retail price;

    • (e) requiring the statement on the container of a prepackaged product of any information or representation required to be shown in a label, in addition to or in place of the statement of that information or representation in a label;

    • (f) prescribing the form and manner in which, including the language or languages in which, any information or representation required to be declared or shown in any label, on any container or in any advertisement shall be declared or shown;

    • (g) prescribing any expressions, words, figures, depictions or symbols the use of which, in relation to a prepackaged product, shall be deemed, unless the contrary is proven, to constitute a false or misleading representation;

    • (h) subject to any other Act of Parliament, extending or applying any provision of this Act to or in respect of any product or class of product specified in the regulations that is not a prepackaged product but is ordinarily sold to or purchased by a consumer

      • (i) otherwise than for resale or for use in the course of a business, trade or calling, or

      • (ii) with a label applied thereto, whether or not that label contains a declaration of net quantity;

    • (i) respecting the detention of products and other things seized and detained under section 15;

    • (j) respecting the disposition of products and other things forfeited under section 17;

    • (k) prescribing any matter or thing that by this Act may be prescribed; and

    • (l) generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Where statement on container deemed to be label

    (2) Where any information or representation is required by the regulations to be stated on the container of a prepackaged product in place of the statement of that information or representation in a label and is so stated, that statement on the container shall be deemed to be a label and to be applied to the prepackaged product.

  • 1970-71-72, c. 41, s. 18

Publication of Proposed Regulations

Marginal note:Publication and opportunity for representations

 A copy of each regulation or amendment to a regulation that the Governor in Council proposes to make under section 11 or 18 shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to consumers, dealers and other interested persons to make representations with respect thereto.

  • 1970-71-72, c. 41, s. 19

Offences and Punishment

Marginal note:Contraventions of sections 4 to 9

  •  (1) Every dealer who contravenes any of sections 4 to 9 is guilty of an offence and liable

    • (a) on summary conviction, to a fine not exceeding $5,000; or

    • (b) on conviction on indictment, to a fine not exceeding $10,000.

  • Marginal note:Contravention of other provisions or regulations

    (2) Every person who contravenes any provision of this Act, other than any of sections 4 to 9, or any regulation made under paragraph 18(1)(d), (e) or (h), is guilty of an offence and liable

    • (a) on summary conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months or to both; or

    • (b) on conviction on indictment, to a fine not exceeding $3,000 or to imprisonment for a term not exceeding one year or to both.

  • (2.1) [Repealed, 2012, c. 24, s. 84]

  • Marginal note:Criminal liability of officers, etc., of corporations

    (3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Offence by employee or agent or mandatary

  •  (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

  • Marginal note:Limitation period

    (2) Any proceedings by way of summary conviction for an offence referred to in subsection 20(1) or (2) may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose.

  • (2.1) [Repealed, 2012, c. 24, s. 85]

  • Marginal note:Minister’s certificate

    (2.2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings 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 is evidence of the matters asserted in it.

  • Marginal note:Venue

    (3) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Identification appearing in labels

  •  (1) In any prosecution for an offence under this Act, evidence that a label applied to a product bore identification purporting to identify the person by or for whom the product was manufactured or produced is, in the absence of evidence to the contrary, proof that the person whose identification appeared in the label is the person by or for whom the product was manufactured or produced and the person responsible for the information and representations in the label.

  • Marginal note:Identification appearing on containers

    (2) In any prosecution for an offence under this Act in relation to a product to which a label purporting to identify the person by or for whom the product was manufactured or produced is not applied, evidence that a container of the product bore identification purporting to identify the person by or for whom the product was manufactured or produced is, in the absence of evidence to the contrary, proof that the person whose identification appeared on the container is the person by or for whom the product was manufactured or produced and the person responsible for the information and representations on the container.

  • 1970-71-72, c. 41, s. 22

Marginal note:Articles received or in transit before contravened regulation in force

  •  (1) No person shall be convicted of an offence under this Act in relation to the sale, importation or advertising of a product if the person establishes to the satisfaction of the court that the product in relation to which the offence was committed was received by, or was in transit to, the person from a dealer before the coming into force of the regulation that created the requirement with which the person has failed to comply.

  • Marginal note:Advertising before contravened regulation in force

    (2) No person shall be convicted of an offence under this Act in relation to the advertising of a product if the person establishes to the satisfaction of the court that the advertisement

    • (a) was published, or

    • (b) was authorized in final form and despatched for publication,

    before the coming into force of the regulation that created the requirement with which the person has failed to comply.

  • 1970-71-72, c. 41, s. 23
 
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