Prosecutions, Injunctions and Forfeitures

Prosecution and injunctions are options available to the Health Products and Food Branch Inspectorate (Inspectorate) to respond to a company's noncompliance with legislative requirements. The Inspectorate recognizes that these enforcement options may not be appropriate to address all situations of noncompliance; for example, an immediate health hazard. However, a prosecution or an injunction can be an effective component of the Inspectorate compliance and enforcement strategy. They may be used as a last resort or they may be used in conjunction with other measures, such as a seizure or recall.

Prosecution

Prosecution is a legal proceeding in which a court determines whether there has been a contravention of the applicable statute or regulation and if so, the appropriate penalty.

Injunction

Injunction is a formal order from a court which usually requires that a company and/or an individual cease and desist a particular activity.

Forfeiture

Forfeiture is an action taken after a conviction, which allow to seize in her majesty in right of Canada name, the object which had given rise to a violation perpetration.

Once charges have been laid and the information has been confirmed by a Justice, subject to an Order of the Court to the contrary, it is available to the public. The Inspectorate may advise other interested regulatory agencies or parties of the identity of the accused and the alleged contravention of the legislation. Inspectorate personnel should not normally provide any further information while the matter is before the court.

On obtaining a conviction, the Inspectorate may publicize the disposition of the Court, in published or electronic communications, in order to inform the public and to act as a deterrent to other companies.

It is possible to obtain information on compliance and enforcement activities in accordance with the requirements of the Access to Information and Privacy Acts.