LAW 525 Lecture Notes - Lecture 5: Absolute Liability
28 Jun 2018
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LAW 525 – Chapter 5 – Consumer Packaging and Labelling Act
Competition Bureau has a role in regulating the Consumer Packaging and Labelling Act
- Federal legislation
Pre transaction phase - phase in which products are manufactured, and packaging and labelling
for products is developed and implemented
Mandatory labels
- Product identity
- Product net quantity
- Dealer’s name and principal place of business
Principal display panel – easiest place for consumer to read on a product
Importer is included as a packager/seller
SS. 4-9 no dealer shall… (5-23)
- Sell
Section 14 (1 and 2)
- Obstruction / removal of labels
- Importance: inspector, cant change the label so you don’t get caught
Section 20 (1,2, 2.1)
- No absolute liability, small fines
- Strict liability – due diligence defence available
Sub 3
- Piercing corporate veil – executives can be criminally charged
- Missing from provision: board of directors, only those who participated in offence
Section 21 (1)
- Employees – assumes employees did due diligence, employees are still liable
- Absolute liability
- Incentivizes whistle blowing from employees
Section 13
- Inspectors
- Different from competition act: need warrant for inspection for dwelling (house)
Environmental claims
- Discourage but do not prohibit vague claims like ‘green’
- Penalties – criminal and civil penalties
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Law 525 chapter 5 consumer packaging and labelling act. Competition bureau has a role in regulating the consumer packaging and labelling act. Pre transaction phase - phase in which products are manufactured, and packaging and labelling for products is developed and implemented. Dealer"s name and principal place of business. Principal display panel easiest place for consumer to read on a product. Importance: inspector, cant change the label so you don"t get caught. Missing from provision: board of directors, only those who participated in offence. Piercing corporate veil executives can be criminally charged. Employees assumes employees did due diligence, employees are still liable. Different from competition act: need warrant for inspection for dwelling (house) Discourage but do not prohibit vague claims like green".
