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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 191/2

27 March 2012

Dear Sirs,

Commercial Information Circular No. 235/2012

Canada : Administrative Monetary Penalties (Consumer Products) Regulations: Proposed Regulations

The Canadian Department of Health published in the Canada Gazette of 24 March 2012 (Vol. 146, No. 12, Part I) a notice proposing regulations to implement an administrative monetary penalty (AMP) system pursuant to the Canada Consumer Product Safety Act (CCPSA). Interested parties may make representations on the proposed regulations within 75 days after publication of the subject notice. The notice can be found at: http://www.gazette.gc.ca/rp-pr/p1/2012/2012-03-24/html/reg3-eng.html. 

DETAILS

2.The CCPSA, which came into force in June 2011, established among others an AMP system for compliance and enforcement of the CCPSA and associated regulations. Under the AMP system, a monetary penalty will be assigned for contravention of certain provisions of the CCPSA. Specifically, an AMP may be issued for non-compliance with orders made or reviewed under sections 31, 32 or 35 of the CCPSA. Violation of an order made or reviewed under the above sections will result in the issuance of a Notice of Violation (NoV).
 

3.The Canadian Department of Health is proposing regulations to implement the AMP system laid out within the CCPSA. The proposed regulations prescribe the time and manner in which the penalty will be calculated, modified and paid. The penalties proposed range from Canadian $1,000 to $25,000 per violation for which a NoV is issued. 
 

4.Persons who submit payment early (within 15 days of issuance of the NoV) will only have to pay half of the original penalty. The CCPSA also allows persons having to pay a penalty of Canadian $5,000 or above to make a request to enter into a compliance agreement with the Minister of Health. 

ENQUIRIES

5.For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.

Yours faithfully,




(Miss Cindy LAU)

for Director-General of Trade and Industry