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 Act a, makes the annexed Administrative Monetary Penalties (Consumer Products) Regulations. S.C. 2010, c. 21
Interpretation
The following definitions apply in these Regulations.
Act means the Canada Consumer Product Safety Act. (Loi)
compliance agreement means an agreement referred to in paragraph 53(2)(a) of the Act. (transaction)
violation means a violation committed under section 49 of the Act. (violation)
Classification
A violation is classified as
minor, if the total gravity factor for the violation is two;
serious, if the total gravity factor for the violation is three or four; and
very serious, if the total gravity factor for the violation is five.
Total Gravity Factor
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 Item Column 1 Column 2 Description Gravity Factor 1 No 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 committed 0 2 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 committed 1 3 More 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 committed 2 TABLE 2 Type of Violation Item Column 1 Column 2 Column 3 Provision of the Act Short-form Description*Gravity Factor 1 Paragraph 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 Act 2 2 Paragraph 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 recall 2 3 Paragraph 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 regulations 2 4 Subsection 31(1) Failure to comply with an order by the Minister to recall a product 3 5 Paragraph 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 Act 3 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.
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
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 Item Column 1 Column 2 Column 3 Total Gravity Factor (Classification of Violation) Penalty for Violation Committed by a Non-profit Organization or by any Other Person for Non-commercial Purposes Penalty for Violation Committed in any Other Case 1 2 (minor)$1,000$10,000 2 3 (serious)$2,000$15,000 3 4 (serious)$3,500$20,000 4 5 (very serious)$5,000$25,000
Payment Referred to in Subsections 52(1) and 53(1) of the Act
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.
A person that is provided with a notice of violation and wishes to pay the lesser amount must
deliver the amount in person no later than 15 days after the day on which the notice is provided;
send the amount by regular mail that is postmarked no later than 15 days after the day on which the notice is provided; or
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.
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
deliver the amount in person no later than 30 days after the day on which the notice is provided;
send the amount by regular mail that is postmarked no later than 30 days after the day on which the notice is provided; or
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.
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
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
delivering it in person no later than 15 days after the day on which the notice is provided;
sending it by regular mail that is postmarked no later than 15 days after the day on which the notice is provided; or
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.
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).
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
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
delivering it in person no later than 30 days after the day on which the notice is provided;
sending it by regular mail that is postmarked no later than 30 days after the day on which the notice is provided; or
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.
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
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
delivering it to the individual at any place; or
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.
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
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
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.
The requirements in this section also apply to notices provided under subsection 54(3) of the Act.
Coming into Force
These Regulations come into force on the day on which they are registered.