Administrative Monetary Penalties (Consumer Products) Regulations

Administrative Monetary Penalties (Consumer Products) Regulations 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 Acta, makes the annexed Administrative Monetary Penalties (Consumer Products) Regulations. S.C. 2010, c. 21 Definitions 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) Violation — minor, serious, and very serious 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. Gravity factor — sum 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. 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. Gravity factor — reviewed order 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. 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. Reduced penalty 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. Time and manner of payment — reduced 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. Time and manner of payment — full penalty 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. Manner of payment 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. Request 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. Payment under paragraph 54(4)(a) of Act 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). 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). Time and manner of request 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. Time and manner of payment 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). Individuals 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. Persons other than individuals 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. Notice of compliance The requirements in this section also apply to notices provided under subsection 54(3) of the Act. Registration These Regulations come into force on the day on which they are registered.