Consumer Protection and Safety
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Act
30 of 1985
Amended by
22 of 1998
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–53 ..
CONSUMER PROTECTION AND SAFETY ACT
CHAPTER 82:34
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
2 Chap. 82:34 Consumer Protection and Safety
Index of Subsidiary Legislation
Page
Adverse Trade Practices Order (LN 125/2000) … … … 50
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 3
CHAPTER 82:34
CONSUMER PROTECTION AND SAFETY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
Act inconsisitent with Constitution.
2. Interpretation.
PART I
INTRODUCTORY
3. Director and other officers.
4. General functions of Director.
5. Consumer Guidance Council.
6. Tenure of office of members of the Council.
7. Quorum and decisions of Council.
7A. Functions and powers of the Council.
PART II
PROTECTION OF CONSUMER
8. Meaning of “consumer trade practice”.
9. Director to determine economic interests.
10.
11.
12. Reference to Council proposing recommendation to Minister to make
Order.
13. (Repealed by Act No. 22 of 1998).
14. Scope of recommendation proposed in reference to which section 12
applies.
15. Report of Council on reference to which section 12 applies.
16. Order of Minister in pursuance of report on referrence to which
section 12 applies.
17. Penalties for contravening Order under section 16.
18. Offence due to default of other person.
19. Defences in proceedings under section 17.
20. Limitation of effect of Orders under section 16.
(Repealed by Act No. 22 of 1998).}
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
4 Chap. 82:34 Consumer Protection and Safety
PART III
ADDITIONAL FUNCTIONS OF DIRECTOR
FOR PROTECTION OF CONSUMERS
21. Additional functions of Director.
22. Failure to give satisfactory written assurance.
23. Order of, or undertaking given to, Court in proceedings under
section 22.
24. Persons consenting to or conniving at courses of conduct detrimental
to interests of consumers.
25. Order of undertaking given to Court in proceedings under section 24.
26. Provisions as to interconnected bodies corporate.
27. Appeals from decisions or orders of Court under Part III.
PART IV
CONSUMER SAFETY
28. Definitions.
29. Safety Regulations in respect of goods.
30. Offences against the Safety Regulations.
31. Orders and Notices to prohibit supply of goods or give warning of
danger from goods.
32. Power to obtain information.
33. Regulations.
PART V
ENFORCEMENT
34. Interpretation.
35. Authorised Officers.
36. Duty of Authorised Officers.
37. Power to make test purchases.
38. Power to enter premises and inspect and seize goods and documents.
39. Offences in connection with exercise of powers under section 38.
40. Notice of test.
41. Compensation.
42. Civil liability.
ARRANGEMENT OF SECTIONS—Continued
SECTION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 5
PART VI
MISCELLANEOUS AND SUPPLEMENTARY
PROVISIONS
43. Service of documents.
44. Publication of information and advice.
45. Time limit for prosecutions.
46. Offences by bodies corporate.
47. Restrictions on disclosure of information.
FIRST SCHEDULE—(Deleted by Act No. 22 of 1998).
SECOND SCHEDULE—Matters falling within scope of proposals
under section 14 (2).
THIRD SCHEDULE—Prohibition Orders, Prohibition Notices and
Notices to Warn.
FOURTH SCHEDULE—Certificate of Designated Authorised Officer.
SECTION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
6 Chap. 82:34 Consumer Protection and Safety
CHAPTER 82:34
CONSUMER PROTECTION AND
SAFETY ACT
An Act to make provision with respect to the protection and
safety of consumers and others.
[20TH OCTOBER 1986]
WHEREAS it is enacted by section 13(1) of the Constitution that an
Act of Parliament to which that section applies may expressly
declare that it shall have effect even though inconsistent with
sections 4 and 5 of the Constitution and, if any Act does so declare,
it shall have effect accordingly:
And whereas it is provided in section 13(2) of the Constitution
that an Act of Parliament to which that section applies is one the
Bill for which has been passed by both Houses of Parliament and
at the final vote thereon in each House has been supported by the
votes of not less than three-fifths of all the members of that House:
And whereas it is necessary and expedient that the provisions
of this Act shall have effect notwithstanding sections 4 and 5 of
the Constitution:
1. (1) This Act may be cited as the Consumer Protection
and Safety Act.
(2) This Act shall have effect even though inconsistent
with sections 4 and 5 of the Constitution.
2. (1) In this Act—
“agreement” means any agreement or arrangement, in whatever
way and in whatever form it is made, and whether it is, or
is intended to be, legally enforceable or not;
“business” includes a professional practice and includes any other
undertaking which is carried on for gain or reward or which
is an undertaking in the course of which goods or services
are supplied otherwise than free of charge;
30 of 1985.
Commencement.
[227/1986].
Preamble.
Short title.
Act inconsistent
with
Constitution.
Interpretation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 7
“commercial activities in Trinidad and Tobago” means any of the
following, that is to say, the production and supply of goods
in Trinidad and Tobago, the supply of services in Trinidad
and Tobago and the export of goods from Trinidad and Tobago;
“conditional sale agreement” means an agreement for the sale of
goods under which the purchase price or part of it is payable
by instalments, and the property in the goods is to remain in
the seller, notwithstanding that the buyer is to be in
possession of the goods until such conditions as to the
payment of instalments or otherwise as may be specified in
the agreement are fulfilled;
“Council” means the Consumer Guidance Council established
by section 5(1);
“consumer”, subject to subsection (2), means any person who
is either—
(a) a person to whom goods are or are sought to be
supplied in the course of a business carried on by
the person supplying or seeking to supply them, or
(b) a person to whom services are or are sought to be
supplied in the course of a business carried on by
the person supplying or seeking to supply them,
and who does not receive or seek to receive the goods or
services in the course of a business carried on by him;
“contract of employment” means a contract of service or of
apprenticeship, whether it is express or implied, and if it is
express whether it is oral or in writing;
“credit sale agreement” means an agreement for the sale of goods
under which the purchase price is payable by five or more
instalments, but which is not a conditional sale agreement;
“the Director” means the Director of Consumer Guidance;
“goods” means, except in Part IV, commodities such as are the
subject of trade or commerce and includes buildings and
other structures, ships, aircraft but does not include electricity;
“hire-purchase agreement” means an agreement for the bailment
of goods under which the bailee may buy the goods or under
which the property in the goods will or may pass to the
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
8 Chap. 82:34 Consumer Protection and Safety
bailee, and where by virtue of two or more agreements, none
of which by itself constitutes a hire purchase agreement,
there is a bailment of goods and either the bailee may buy
the goods, or the property therein will or may pass to the
bailee, the agreements shall be treated for the purposes of
this Act as a single agreement made at the time when the
last of the agreements was made;
“notice” means notice in writing;
“Notice to Warn” has the meaning assigned to it in section 31(1);
“personal injury” includes disease and other impairment of a
person’s physical or mental condition;
“practice” means any practice, whether adopted in pursuance of
an agreement or otherwise;
“produce”, in relation to the production of minerals or other
substances, includes winning them, and, in relation to the
production of animals or fish, includes taking them;
“Prohibition Notice” has the meaning assigned to it in section 31(1);
“Prohibition Order” has the meaning assigned to it in section 31(1);
“publicised information”, in relation to a disclosure, means
information which before the disclosure occurred, was
published in proceedings mentioned in section 32(3)(a) or (b)
or in warning mentioned in section 32(3)(d);
“Safety Regulations” has the meaning assigned to it in section 29(1).
(2) The following applies to the definition of “consumer”
in this section:
(a) it is immaterial whether any person supplying
goods or services has a place of business in
Trinidad and Tobago or not;
(b) any goods or services supplied wholly or partly
outside Trinidad and Tobago, if they are supplied
in accordance with arrangements made in
Trinidad and Tobago, whether made orally or by
one or more documents delivered in Trinidad and
Tobago or by correspondence posted from and
to addresses in Trinidad and Tobago, shall be
treated as goods supplied to, or services supplied
for, persons in Trinidad and Tobago;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 9
Ch. 82:33.
(c) in relation to the supply of goods under a
hire purchase agreement, a credit-sale agreement
or a conditional sale agreement, the person
conducting any antecedent negotiations, as well
as the owner or seller, shall be treated as a person
supplying or seeking to supply the goods; and in
this paragraph “buyer”, “hirer”, “owner” and
“seller” have the meanings assigned to them by
section 2(1) of the Hire Purchase Act and
“antecedent negotiations” means any negotiations
or arrangements with the hirer or buyer whereby
he was induced to make the agreement or which
otherwise promoted the transaction to which the
agreement relates;
(d) any reference—
(i) to a person to or for whom goods or services
are supplied shall be construed as including
a reference to any guarantor of such a
person, and
(ii) to the terms or conditions on or subject to
which goods or services are supplied shall
be construed as including a reference to
the terms or conditions on or subject to
which any person undertakes to act as
such a guarantor,
and in this paragraph “guarantor”, in relation to a
person to or for whom goods or services are
supplied, includes a person who undertakes to
indemnify the supplier of the goods or services
against any loss which he may incur in respect
of the supply of the goods or services to or for
that person;
(e) goods or services supplied by a person carrying
on a business shall be taken to be supplied in the
course of that business if payment for the supply
of the goods or services is made, or (whether
under a contract or by virtue of a written law or
otherwise) is required to be made.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
10 Chap. 82:34 Consumer Protection and Safety
(3) In this Act “the supply of services” does not include
the rendering of any services under a contract of employment but,
with that exception—
(a) includes the undertaking and performance for
gain or reward of engagements, whether
professional or other, for any matter other than
the supply of goods; and
(b) includes both the rendering of services to order
and the provision or services by making them
available to potential users,
and any reference in those provisions to services supplied, or to
be supplied, or to services provided or to be provided, shall be
construed accordingly.
(4) For the purposes of this Act, any two bodies
corporate are to be treated as interconnected if one of them is a
body corporate of which the other is a subsidiary, within the
meaning of section 125 of the Companies Ordinance* (or the
corresponding section of any Act replacing that Ordinance), or if
both of them are subsidiaries, within the meaning of that section,
of one and the same body corporate; and in those provisions
“interconnected bodies corporate” shall be construed accordingly,
and “group of interconnected bodies corporate” means a group
consisting of two or more bodies corporate all of whom are
interconnected with each other.
(5) For the purposes of the application of any provision
of this Act in relation to goods or services of a particular
description or to which a particular practice applies, “consumers”
means persons who are consumers, as defined by subsection (1),
in relation to goods or services of that description or in relation to
goods or services to which that practice applies.
PART I
INTRODUCTORY
3. (1) There shall be a public officer to be designated as Director
of Consumer Guidance (hereafter referred to as “the Director”) to
perform the functions assigned to the Director by or under this Act.
* The Companies Ordinance has been repealed and replaced by the Companies Act, Ch. 81:01.
*Ch.31 No.1.
1950 Edition.
Director and
other officers.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 11
General
functions of
Director.
(2) There shall be such number of public officers as may
be required for the purposes of this Act.
4. (1) Without prejudice to any other functions assigned to
him by or under this Act, the Director shall, so far as appears to
him to be practicable from time to time—
(a) keep under review the carrying on of commercial
activities in Trinidad and Tobago which relate to
goods supplied to consumers in Trinidad and
Tobago or produced with a view to their being so
supplied, or which relate to services supplied for
consumers in Trinidad and Tobago, and to collect
information with respect to such activities, and
the persons by whom they are carried on, with a
view to his becoming aware of, and ascertaining
the circumstances relating to, practices which may
adversely affect the economic interests of
consumers in Trinidad and Tobago;
(b) receive and collate evidence becoming available
to him with respect to such activities as are
mentioned in paragraph (a) and which appears to
him to be evidence of practices which may
adversely affect the interests of consumers in
Trinidad and Tobago.
(2) The Director shall, where either he considers it
expedient or he is requested by the Minister to do so—
(a) give information and assistance to the Minister
with respect to any of the matters in respect of
which the Director has any duties under
subsection (1); or
(b) subject to Part II in relation to recommendations
under that Part, make recommendations to the
Minister as to any action which in the opinion of
the Director it would be expedient for the Minister
or any other Minister to take in relation to any of
the matters in respect of which the Director has
any such duties.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
12 Chap. 82:34 Consumer Protection and Safety
Consumer
Guidance
Council.
[22 of 1998]
(3) The Director shall have regard to evidence
becoming available to him with respect to any course of conduct
on the part of a person carrying on a business which appears to be
conduct detrimental to the interests of consumers in Trinidad and
Tobago and in accordance with Part III to be regarded as unfair to
them, with a view to considering what action, if any, he should
take under Part III.
5. (1) There shall be established a Council to be called
a “Consumer Guidance Council” constituted in accordance with
this section.
(2) The membership of the Consumer Guidance Council
shall comprise five representatives of Government Ministries and
six representatives of consumer organisations, non-governmental
organisations and the general public.
(3) The five representatives of Government Ministries on
the Council shall be drawn from each of the following:
(a) the Ministry of Agriculture, Land and Marine
Resources;
(b) the Ministry of Health;
(c) the Ministry of Trade and Industry;
(d) the Ministry of Consumer Affairs;
(e) the Ministry of Information, Communications,
Training and Distance Learning.
(4) The President shall appoint the members of the
Council by instrument in writing in the following manner:
(a) the five representatives of the Minister, after
consultation with the relevant Ministries;
(b) the representatives of consumer organisations
and non-governmental organisations, after
consultation with these organisations; and
(c) representatives of the general public, in his
discretion.
(5) Appointments shall be made for a fixed period of time
not exceeding three years, on such terms and conditions as the
Minister may think fit.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 13
(6) The President shall also appoint one member to be
the Chairman and another member to be the Deputy Chairman of
the Council.
(7) The Ministry with responsibility for Consumer Affairs
shall be responsible for the Secretariat to the Council.
6. (1) Subject to this section, a member of the Council shall
hold and vacate office as such in accordance with the terms of his
appointment as may be prescribed in the instrument of appointment.
(2) A person shall not be appointed to the Council for a
term exceeding two years but previous membership shall not
affect eligibility.
(3) The Chairman or the Deputy Chairman or a member
of the Council may at any time resign his membership by notice in
writing addressed to the President.
(4) The President may terminate the appointment of any
member of the Council who—
(a) becomes of unsound mind or is incapable of
carrying out his duties;
(b) becomes bankrupt or compounds with or
suspends payment to his creditors;
(c) is convicted and sentenced to a term of
imprisonment;
(d) is convicted of any offence involving dishonesty;
(e) is guilty of misconduct in relation to his duties;
(f) is absent, except on leave granted by the Council,
from three consecutive meetings of the Council; or
(g) fails to carry out any of the functions conferred
or imposed on him under this Act.
(5) The names of all members of the Council as first
constituted and every change in the membership thereof shall be
published in the Gazette.
7. (1) A quorum shall consist of five members of which at
least two shall be representatives from the Ministries and two from
the other bodies.
Tenure of office
of members of
the Council.
Quorum and
decisions of
Council.
[22 of 1998].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
14 Chap. 82:34 Consumer Protection and Safety
(2) The decisions of the Council shall be adopted by a
majority of votes.
(3) A member of the Council whose interest is likely to
be affected whether directly or indirectly by a decision of the
Council on any matter whatsoever, shall disclose the nature of his
interest at the first meeting of the Council at which he is present
after the relevant facts have come to his knowledge.
(4) A disclosure under subsection (3) shall be recorded in
the minutes of the Council and after the disclosure the member
making it shall not vote on the matter and, unless the Council
otherwise directs, shall not be present or take part in the
deliberations at any meeting, when the matter is being decided by
the Council.
(5) All documents made by, and all decisions of, the
Council may be signified under the hand of the Chairman.
7 A. (1) The following are the functions of the Council:
(a) to monitor the implementation of the Consumer
Policy; and
(b) to advise the Cabinet on matters relating to the
implementation of the Policy.
(2) For the purpose of performing the functions described
at subsection (1), the Council shall have the power to request
information on any aspect of the Consumer Policy.
PART II
PROTECTION OF CONSUMER
8. In this Act “consumer trade practice” means any practice
which is for the time being carried on in connection with the supply
of goods to consumers or in connection with the supply of services
for consumers and which relates—
(a) to the terms or conditions, whether as to price or
otherwise, on or subject to which goods or
services are or are sought to be supplied;
(b) to the manner in which those terms or conditions
are communicated to persons to whom goods are
Functions and
powers of the
Council.
[22 of 1998].
Meaning of
“consumer trade
practice”.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 15
or are sought to be supplied or for whom services
are or are sought to be supplied;
(c) to promotion, by advertising, labelling or
marking of goods, canvassing or in any other
manner, of the supply of goods or of the supply
of services;
(d) to methods of salesmanship employed in dealing
with consumers;
(e) to the way in which goods are packed or
otherwise got up for the purpose of being
supplied; or
(f) to methods of demanding or securing payment
for goods or services supplied.
9. Subject to this Act, the Director shall determine whether
any consumer trade practice adversely affects the economic
interests of consumers in Trinidad and Tobago.
10.
11.
12. (1) Where it appears to the Director that a consumer trade
practice has the effect, or is likely to have the effect—
(a) of misleading consumers as to, or withholding
from them adequate information as to, or an
adequate record of, their rights and obligations
under relevant consumer transactions;
(b) of otherwise misleading or confusing consumers
with respect to any matter in connection with
relevant consumer transactions;
(c) of subjecting consumers to undue pressure to enter
into relevant consumer transactions;
(d) of causing the terms or conditions, on or subject
to which consumers enter into relevant
consumer transactions, to be so adverse to them
as to be inequitable,
Director to
determine
economic
interests.
[22 of 1998].
Reference to
Council
proposing
recommendation
to Minister to
make Order.
(Repealed by Act No. 22 of 1998). }
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
16 Chap. 82:34 Consumer Protection and Safety
the Director may recommend to the Minister that he should
exercise his power under this Part with respect to that consumer
trade practice.
(2) In this Part “relevant consumer transaction”, in relation
to a consumer trade practice, means any transaction to which a
person is, or may be invited to become, a party in his capacity as a
consumer in relation to that practice.
13. (Repealed by Act No. 22 of 1998).
14. (1) Where the Director exercises his functions under
section 12, he shall have regard—
(a) to the particular respects in which it appears to
him that the consumer trade practice may
adversely affect the economic interests of
consumers in Trinidad and Tobago; and
(b) to the class of relevant consumer transactions,
or the classes (whether being some or all classes)
of such transactions, in relation to which it
appears to him that the practice may so affect
those consumers,
and the proposed recommendation shall be for an Order making,
in relation to relevant consumer transactions of that class or of
those classes, as the case may be, such provision as the Director
may consider requisite for the purpose of preventing the
continuance of that practice or causing it to be modified, in so far
as it may so affect those consumers in those respects.
(2) Without prejudice to the generality of subsection (1),
for the purpose mentioned in that subsection any such proposals
may in particular recommend the imposition by such an Order of
prohibitions or requirements of any description specified in the
Second Schedule.
(3) In the Second Schedule, in its application to “the
specified consumer trade practice” means the consumer trade
practice, “specified consumer transactions” means transactions
which are relevant consumer transactions in relation to that
Scope of
recommendation
proposed in
reference to
which section 12
applies.
[22 of 1998].
Second
Schedule.
Second
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 17
consumer trade practice and are of a description, and “specified”
(elsewhere than in those expressions) means specified in
the proposals.
15. After making a decision to which section 12 applies, the
Director shall send a report to the Minister stating—
(a) whether the consumer trade practice specified in
the reference adversely affects the economic
interests of consumers in Trinidad and Tobago, and
(b) if so, whether it does so by reason, or partly by
reason, that it has or is likely to have such one or
more of the effects specified in section 12(2) as
are specified in the report.
16. (1) The Minister may consider any recommendations for
the making of an Order put forward by the Director under this
Part, and may, if he thinks fit, make such provision in the Order
for giving effect to the recommendations set out in the report.
(2) Any such Order may contain such supplementary or
incidental provisions as the Minister may consider appropriate in
the circumstances.
(3) Such Order and any Order varying or revoking any
such Order shall be subject to affirmative resolution of Parliament.
17. Subject to the following provisions of this Part, any person
who contravenes a prohibition imposed by an Order under section 16,
or who does not comply with a requirement imposed by such an
Order which applies to him, is liable—
(a) on summary conviction, to a fine of five thousand
dollars and to imprisonment for four months;
(b) on conviction on indictment to a fine of ten
thousand dollars and to imprisonment for two years.
18. Where the commission by any person of an offence under
section 17 is due to the act or default of some other person, that
other person is guilty of the offence, and a person may be charged
with and convicted of the offence by virtue of this section whether
or not proceedings are taken against the first-mentioned person.
Report of
Council on
reference
to which
section 12
applies.
[22 of 1998].
Order of
Minister in
pursuance of
report on
reference
to which
section 12
applies.
[22 of 1998].
Penalties for
contravening
Order under
section 16.
Offence due to
default of other
person.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
18 Chap. 82:34 Consumer Protection and Safety
19. (1) In any proceedings for an offence under section 17,
it is, subject to subsection (2), a defence for the person charged
to prove—
(a) that the commission of the offence was due to a
mistake, or to reliance on information supplied
to him, or to the act or default of another person,
an accident or some other cause beyond his
control, and
(b) that he took all reasonable precautions and
exercised all due diligence to avoid the
commission of such an offence by himself or
any person under his control.
(2) If, in any case the defence provided by subsection (1)
involves the allegation that the commission of the offence was
due to the act or default of another person or to reliance on
information supplied by another person, the person charged, is not
without leave of the Court, entitled to rely on that defence unless,
within a period ending seven clear days before the hearing, he has
served on the prosecutor a notice in writing, giving such
information identifying or assisting in the identification of that
other person as was then in his possession.
(3) In proceedings for an offence under section 17
committed by the publication of an advertisement, it is a defence
for the person charged to prove that he is a person whose business
it is to publish or arrange for the publication of advertisements,
and that he received the advertisement for publication in the
ordinary course of business and although he exercised all due
diligence to avoid the commission of such offence he did not know
and had no reason to suspect that its publication would amount to
an offence under section 17.
20. A contract for the supply of goods and services shall not
be void or unenforceable by reason only of a contravention of an
Order made under section 16, and, subject to section 62 of the
Interpretation Act (which relates to offences under two or more
laws), this Part shall not be construed as—
(a) conferring a right of action in any civil
proceedings (other than proceedings for the
Defences in
proceedings
under
section 17.
Limitation of
effect of Orders
under
section 16.
Ch. 3:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 19
Additional
functions of
Director.
recovery of a fine) in respect of any contravention
of such an Order;
(b) affecting any restriction imposed by or under
any other written law; or
(c) derogating from any right of action or other
remedy (whether civil or criminal) in proceedings
instituted otherwise than under this Part.
PART III
ADDITIONAL FUNCTIONS OF DIRECTOR FOR
PROTECTION OF CONSUMERS
21. (1) Where the Director has reasonable grounds for
believing that the person carrying on business has in the course of
that business persisted in a course of conduct which—
(a) is detrimental to the interests of consumers in
Trinidad and Tobago, whether those interests are
economic interests or interests in respect of health,
safety or other matters, and
(b) in accordance with the following provisions of
this section is to be regarded as unfair to consumers,
the Director shall use his best endeavours, by communication with
that person or otherwise, to obtain from him a satisfactory written
assurance that he will refrain from continuing that course of conduct
and from carrying on any similar course of conduct in the course
of that business.
(2) For the purposes of subsection (1)(b), a course of
conduct shall be regarded as unfair to consumers if it consists of
contraventions of one or more written laws which impose duties,
prohibitions or restrictions enforceable by criminal proceedings,
whether any such duty, prohibition or restriction is imposed in
relation to consumers as such or not and whether the person carrying
on the business has or has not been convicted of any offence in
respect of any such contravention.
(3) A course of conduct on the part of the person carrying
on a business shall also be regarded for those purposes as unfair to
consumers if it consists of things done, or omitted to be done, in
the course of that business in breach of contract or in breach of a
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
20 Chap. 82:34 Consumer Protection and Safety
duty (other than a contractual duty) owed to any person by
virtue of any written law or rule of law and enforceable by
civil proceedings, whether in any such case civil proceedings in
respect of the breach of contract or breach of duty have been
brought or not.
(4) For the purpose of determining whether there are
reasonable grounds for believing that a person has persisted in
such a course of conduct as is mentioned in subsection (1), the
Director shall have regard to either or both of the following, that
is to say:
(a) complaints received by him, whether from
consumers or from other persons;
(b) any other information collected by or furnished
to him, whether by virtue of this Act or otherwise.
22. Subject to section 23(3) if, in the circumstances specified
in section 21(1)—
(a) the person in question fails to give to the Director
a satisfactory written assurance as is mentioned
in section 21(1); or
(b) that person has given such an assurance and he
has failed to observe it,
then that person is liable, upon the Director bringing proceeding
against him before a Summary Court, on summary conviction to a
fine of ten thousand dollars and to imprisonment for six months.
23. (1) Where in any proceedings before a Summary Court
under section 22—
(a) the Court finds that the person against whom the
proceedings are brought (in this section referred
to as “the defendant”) has in the course of a
business carried on by him persisted in such a
course of conduct as is mentioned in section
21(1), and
(b) the defendant does not give an undertaking to the
Court under subsection (3) which is accepted by
the Court, and
Failure to give
satisfactory
written
assurance.
Order of, or
undertaking
given to, Court
in proceedings
under
section 22.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 21
(c) it appears to the Court that, unless an order is made
against the defendant under this section, he is
likely to continue that course of conduct or to
carry on a similar course of conduct,
the Court may make an order against the defendant under this section.
(2) An order of the Court under this section shall, with
such degree of particularity as appears to the Court to be sufficient
for the purposes of the order, indicate the nature of the course of
conduct to which the finding of the Court under subsection (1)(a)
relates, and shall direct the defendant—
(a) to refrain from continuing that course of
conduct, and
(b) to refrain from carrying on any similar course of
conduct in the course of his business,
and if he fails to so refrain he is liable on summary conviction
to a fine of five hundred dollars for every day on which the
offence is continued.
(3) Where in any proceedings before a Summary Court
under section 22, the Court makes such a finding as is mentioned
in subsection (1)(a) and the defendant offers to give to the Court
an undertaking either—
(a) to refrain as mentioned in subsection (2)(a)
and (b); or
(b) to take particular steps which, in the opinion of
the Court, would suffice to prevent a continuance
of the course of conduct to which the complaint
relates and to prevent the carrying on by the
defendant of any similar course of conduct in the
course of his business,
the Court may, if it thinks fit, accept that undertaking and reprimand
and discharge the defendant instead of making an order of
conviction under section 22.
(4) Where the defendant violates the undertaking given
to the Court in subsection (3), he is liable on summary conviction
to a fine of twenty thousand dollars and to imprisonment for six months.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
22 Chap. 82:34 Consumer Protection and Safety
24. (1) The provisions of this section shall have effect where
the Director has reasonable grounds for believing—
(a) that a body corporate has in the course of a
business carried on by that body persisted in
such a course of conduct as is mentioned in
section 21(1); and
(b) that the course of conduct in question has been
so persisted in with the consent or connivance of
a person (in this and section 25 referred to as “the
accessory”) who at a material time fulfilled the
relevant conditions in relation to that body.
(2) For the purposes of this section, a person is taken to
fulfil the relevant conditions in relation to a body corporate at any
time if that person either—
(a) is at that time a director, manager, secretary or
other similar officer of the body corporate or a
person purporting to act in any such capacity; or
(b) whether being an individual or a body of persons,
corporate or unincorporate, has at that time a
controlling interest in that body corporate.
(3) Subject to section 25(3) if, in the circumstances
specified in subsection (1)—
(a) the accessory fails to give to the Director a
satisfactory written assurance that he will refrain—
(i) from continuing to consent to or connive
at the course of conduct in question;
(ii) from carrying on any similar course of
conduct in the course of any business which
may at any time be carried on by him; and
(iii) from consenting to or conniving at the
carrying on of any such course of conduct
by any other body corporate in relation to
which, at any time when that course of
conduct is carried on, he fulfils the relevant
conditions; or
Persons
consenting to or
conniving at
courses of
conduct
detrimental to
interests of
consumers.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 23
(b) the accessory has given such an assurance to the
Director and it appears to the Director that he has
failed to observe it,
the accessory is liable on summary conviction to a fine of ten
thousand dollars and to imprisonment for six months.
(4) Proceedings may be brought against the accessory
before a Summary Court under this section whether or not any
proceedings are brought under section 22 against the body corporate
referred to in subsection (1).
(5) For the purposes of this section, a person, whether
being an individual or a body of persons, corporate or
unincorporate, has a controlling interest in a body corporate if, but
only if, that person can, directly or indirectly, determine the manner
in which one-half of the votes which could be cast at a general
meeting of the body corporate are to be cast on matters and in
circumstances not of such a description as to bring into play any
special voting rights or restrictions on voting rights.
25. (1) Where in any proceedings brought against the
accessory before a Summary Court under section 24—
(a) a Court finds that the conditions specified in
section 24(1)(a) and (b) are fulfilled in the case
of the accessory; and
(b) the accessory does not give an undertaking to the
Court under subsection (3) which is accepted by
the Court; and
(c) it appears to the Court that, unless an order is made
against the accessory under this section, it is likely
that he will not refrain from acting in one or more
of the ways mentioned in section 24(3)(a),
the Court may make an order against the accessory under this section.
(2) An order of the Court under this section shall, with
such degree of particularity as appears to the Court to be sufficient
for the purposes of the order, indicate the nature of the course of
conduct to which the finding of the Court under subsection (1)(a)
relates, and shall direct the accessory, in relation to the course of
conduct so indicated, to refrain from acting in any of the ways
Order of
undertaking
given to Court
in proceedings
under
section 24.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
24 Chap. 82:34 Consumer Protection and Safety
mentioned in section 24(3)(a); and, if he fails to so refrain from
acting, he is liable on summary conviction to a fine of five hundred
dollars for every day on which the offence is continued and to
imprisonment for three months.
(3) Where in any proceedings under section 24 the Court
makes such a finding as is mentioned in subsection (1)(a) of
this section, and the accessory offers to give to the Court an
undertaking either—
(a) to refrain from acting in any of the ways
mentioned in section 24(3)(a); or
(b) to take particular steps which, in the opinion of
the Court, would suffice to prevent him from
acting in any of those ways,
the Court may, if it thinks fit, accept that undertaking and reprimand
and discharge the accessory instead of making an order of
conviction under section 24(3).
(4) Where the accessory violates the undertaking
given to the Court in subsection (3), he is liable on summary
conviction to a fine of twenty thousand dollars and to imprisonment
for six months.
26. (1) This section applies to any order made under
section 23 or 25.
(2) Where an order to which this section applies is made
against a body corporate which is a member of a group of
interconnected bodies corporate, the Summary Court, on making
the order, may direct that it shall be binding upon all members
of the group as if each of them were the body corporate against
which the order is made.
(3) Where an order to which this section applies has
been made against a body corporate, and at a time when that
order is in force—
(a) the body corporate becomes a member of a group
of interconnected bodies corporate; or
(b) a group of interconnected bodies corporate of
which it is a member is increased by the addition
of one or more further members,
Provisions as to
interconnected
bodies
corporate.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 25
the Summary Court may direct that the order shall thereafter be
binding upon each member of the group as if it were the body
corporate against which the order was made.
(4) The power conferred by subsection (3) is
exercisable—
(a) whether, at the time when the original order was
made, the body corporate against which it was
made was a member of a group of interconnected
bodies corporate or not; and
(b) if it was such a member, whether a direction under
subsection (2) was given or not.
27. Notwithstanding anything in any other written law, an
appeal, whether on a question of fact or on a question of law, shall
lie from any decision or order of any Court in proceedings under
Part III and any such appeal shall lie to the Court of Appeal.
PART IV
CONSUMER SAFETY
28. (1) In this Part and Parts V and VI “goods” includes
substances whether natural or manufactured and whether or not
incorporated in or mixed with other goods and, in relation to a
Notice to Warn, includes things comprised in land which by
operation of law became land on becoming so comprised but
does not include food or drug within the meaning of the Food
and Drugs Act.
(2) In this Part and Part V “safe” means such as to prevent
or adequately to reduce any risk of death and risk of personal injury
from the goods in question or from circumstances in which the
goods might be used or kept, and for the purposes of section 29
the Minister is entitled to consider that goods containing radioactive
substances are safe or not safe by reference to the radiation from
the goods and from other sources and to the consequences of the
radiation for users of the goods and other persons.
(3) Subject to subsection (4), for the purposes of this Part
and Part V, a person supplies goods only if, in the course of carrying
Appeals from
decisions or
orders of Court
under Part III.
Definitions.
Ch. 30:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
26 Chap. 82:34 Consumer Protection and Safety
on a business (whether or not a business of dealing in the goods in
question) and either as principal or agent—
(a) he sells (otherwise than under a hire purchase
agreement), hires out or lends the goods to another
person; or
(b) he enters into a hire purchase agreement, or a
contract for work and materials, to furnish the
goods to another person; or
(c) he exchanges the goods for any consideration
(which may consist of trading stamps) other than
money; or
(d) he gives the goods to another person either as a
prize or otherwise,
and “supply” and related expressions shall be construed accordingly.
(4) In this Part and Part V any reference to supply does
not include supply to a person with whom the goods in question
were insured against danger and, except in relation to a Notice to
Warn, does not include supply which is incidental to the letting or
sale of land and, except in relation to a Prohibition Notice, does
not include—
(a) supply to a person who carries on a business of
buying such goods as those in question and
repairing or reconditioning them; and
(b) supply by a sale of articles as scrap (that is to say,
for the value of materials included in the articles
and not of the articles themselves),
and if a person supplies goods by hiring them out or lending
them, then, for the purposes of this Part and Part V, he does not
supply them by reason only of anything done in pursuance of the
arrangements for the hiring out or loan.
(5) Where a person supplies goods to another person under
a hire purchase agreement, conditional sale agreement or credit-
sale agreement or under an agreement for the hiring of goods (other
than a hire purchase agreement), and the first-mentioned person—
(a) carries on the business of financing the provision of
goods for others by means of such agreements; and
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 27
Safety
Regulations in
respect of
goods.
(b) in the course of that business acquired his interest
in the goods supplied to the other person as a
means of financing the provision of them for the
other person by a further person,
the further person and not the first-mentioned person shall be treated
for the purposes of this Part and Part V as supplying the goods to
other persons.
29. (1) The Minister may make Regulations containing such
provision authorised by subsections (2) and (3) as the Minister
considers appropriate for the purpose of securing that goods are
safe or that appropriate information is provided and inappropriate
information is not provided in respect of goods; and, Regulations
in pursuance of this subsection are hereafter in this Act referred to
as “Safety Regulations”.
(2) Safety Regulations may contain provision—
(a) with respect to the composition or contents,
design, construction, finish or packing of goods
or with respect to other matters relating to goods;
(b) for requiring goods to conform to a particular
standard or to be approved or of a kind approved
by a particular person and for requiring
information to be given, and determining the
manner in which it is to be given, for the purpose
of indicating that the goods conform to that
standard or are so approved or of such a kind;
(c) with respect to standards for goods (which may
be standards set out in the Regulations or
standards or parts of standards of which
particulars have been published by any person in
Trinidad and Tobago or elsewhere) and with
respect to the approval by the Minister from time
to time, for any purpose of the Regulations, of
standards or parts of standards of which
particulars have been so published;
(d) with respect to the giving, refusal, alteration and
cancellation of approvals for goods or kinds of
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
28 Chap. 82:34 Consumer Protection and Safety
goods, with respect to the conditions and
alteration of the conditions, which may be
attached to and the fees which may be charged
for approvals and with respect to appeals against
refusals, alterations and cancellations of such
approvals and against the conditions and
alteration of conditions of such approvals;
(e) with respect to the testing or inspection of
goods, for determining the manner in which any
person by whom any test or inspection required
by the Regulations is to be carried out and for
determining the standards to be applied in
carrying out such a test or inspection;
(f) with respect to the ways of dealing with goods of
which some or all do not satisfy a test
prescribed by the Regulations or a standard
connected with a procedure so prescribed;
(g) for requiring a warning or instructions or other
information relating to goods to be marked on or
to accompany the goods or to be given in some
other manner in connection with the goods, and
for securing that inappropriate information is not
given in respect of goods either by means of
misleading marks or otherwise;
(h) for prohibiting persons from supplying, or from
offering to supply, agreeing to supply, exposing
for supply or possessing for supply, goods which
the Minister considers are not safe and goods in
respect of which requirement of the Regulations
are not satisfied;
(i) for prohibiting persons from supplying, or from
offering to supply, agreeing to supply, exposing
for supply or possessing for supply, goods which
are designed to be used as component parts of
other goods and which would if so used cause
the other goods to contravene requirements of the
Regulations.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 29
(3) Safety Regulations may—
(a) make different provisions for different
circumstances or provision relating only to
specified circumstances;
(b) provide for exemptions from any provision
of the Regulations;
(c) contain such incidental and supplemental
provisions as the Minister considers appropriate.
30. (1) Where Safety Regulations prohibit a person from
supplying or offering or agreeing to supply goods or from exposing
or possessing goods for supply, then, subject to the following
provisions of this section, the person is guilty of an offence if he
contravenes the prohibition.
(2) Where Safety Regulations require a person who makes
or processes goods in the course of carrying on a business—
(a) to carry out a particular test or use a particular
procedure in connection with the making or
processing of the goods with a view to
ascertaining whether the goods satisfy other
requirements of the Regulations; or
(b) to deal or not to deal in a particular way with a
quantity of the goods of which the whole or part
does not satisfy the test or does not satisfy
standards connected with the procedure,
then, subject to the following provisions of this section, the person
is guilty of an offence if he does not comply with the requirement.
(3) If a person contravenes a provision of Safety
Regulations which prohibits the provision, by means of a mark or
otherwise, of information of a particular kind in connection with
goods, then, subject to the following provisions of this section, he
is guilty of an offence.
(4) A person who commits an offence in pursuance of
this section (hereafter in this section referred to as “a relevant
offence”) is liable on summary conviction to a fine of ten thousand
dollars and to imprisonment for three months.
Offences against
the Safety
Regulations.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
30 Chap. 82:34 Consumer Protection and Safety
(5) Where the commission of a relevant offence by any
person is due to the act or default of some other person, the other
person is guilty of the offence and may be charged with and
convicted of it whether or not proceedings are taken against the
first-mentioned person.
(6) It shall be a defence to a charge of committing
a relevant offence to prove that the accused took all reasonable
steps and exercised all due diligence to avoid committing the
offence; but, if in any case the defence provided by this subsection
involves an allegation that the commission of the offence was due
to the act or default of another person or due to reliance on
information supplied by another person, the person charged is
not, without the leave of the Court, entitled to rely on the defence
unless, within a period ending seven clear days before the hearing,
he has served on the prosecutor a notice giving such information
identifying or assisting in the identification of the other person
as was then in his possession.
(7) Safety Regulations may contain provision—
(a) for requiring persons on whom a duty is imposed
by virtue of section 36 to have regard, in
performing the duty so far as it relates to a
provision of Safety Regulations, to matters
specified in a direction issued by the Minister with
respect to that provision;
(b) for securing that a person is not guilty of an
offence by virtue of subsection (1), unless it is
provided that the goods in question do not
conform to a particular standard;
(c) for securing that proceedings for a relevant
offence are not begun except by or with the
consent of the Director of Public Prosecutions;
(d) for enabling summary proceedings for a
relevant offence to be begun at any time within
twelve months from the time when the offence
was committed,
and it is hereby declared that section 29(3) applies to Safety
Regulations made by virtue of this subsection.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 31
Orders and
Notices to
prohibit supply
of goods or give
warning of
danger from
goods.
Parts I, II, III
Third Schedule.
31. (1) The Minister may—
(a) make Orders (hereafter in this Act referred to as
“Prohibition Orders”) prohibiting persons from
supplying, or from offering to supply, agreeing
to supply, exposing for supply or possessing
for supply—
(i) any goods which the Minister considers are
not safe and which are described in the
Orders, and
(ii) any goods which are designed to be used
as component parts of other goods and
which would if so used cause the other
goods to be goods described in the Orders
in pursuance of subparagraph (i);
(b) serve on any person a Notice (hereafter in this
Act referred to as a “Prohibition Notice”)
prohibiting the person, except with the consent
of the Minister and in accordance with the
conditions, if any, on which the consent is
given, from supplying, or from offering to supply,
agreeing to supply, exposing for supply or
possessing for supply, any goods which
the Minister considers are not safe and which
are described in the Notice;
(c) serve on any person a Notice (hereafter in this
Act referred to as a “Notice to Warn”) requiring
the person to publish, in a form and manner and
on occasions specified in the Notice, and at his
own expense, a warning about any goods so
specified which the Minister considers are not safe
and which the person supplies or has supplied.
(2) Part I of the Third Schedule shall have effect with
respect to Prohibition Orders, Part II of that Schedule shall
have effect with respect to Prohibition Notices, and Part III of
that Schedule shall have effect with respect to Notices to Warn;
and, section 29(3) shall apply to Prohibition Orders as it applies
to Safety Regulations.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
32 Chap. 82:34 Consumer Protection and Safety
(3) A person who contravenes a Prohibition Order,
a Prohibition Notice or a Notice to Warn is liable on summary
conviction to a fine of ten thousand dollars and to
imprisonment for six months; but, it is a defence to a charge of
committing an offence under this subsection to prove that the
accused took all reasonable steps and exercised all due
diligence to avoid committing the offence.
(4) If in any case the defence provided by subsection (3)
involves an allegation that the commission of the offence was
due to the act or default of another person or to reliance on
information supplied by another person, the person charged is not,
without the leave of the Court, entitled to rely on the defence unless,
within a period ending seven clear days before the hearing, he has
served on the prosecutor a notice giving such information
identifying or assisting in the identification of the other person
as was then in his possession.
(5) Where the commission by any person of an offence
of contravening a Prohibition Order is due to the act or default of
some other person, the other person is guilty of the offence and
may be charged with and convicted of the offence by virtue of
this subsection, whether or not proceedings are taken against the
first-mentioned person.
32. (1) If the Minister considers that, for the purpose of
deciding whether to make, vary or revoke Safety Regulations or a
Prohibition Order or to serve, vary or revoke a Prohibition Notice
or to serve or revoke a Notice to Warn, he requires information
which another person is likely to be able to furnish, the Minister
may serve on the other person a notice requiring the person—
(a) to furnish to the Minister, within a period specified
in the notice, such information as is so specified;
(b) to produce such documents as are specified in the
notice at a time and place so specified and to
permit a person appointed by the Minister for the
purpose to take copies of the documents at that
time and place.
Power to obtain
information.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 33
(2) A person who—
(a) fails, without reasonable cause, to comply with
a notice served on him in pursuance of
subsection (1); or
(b) in purporting to comply with a requirement
which by virtue of subsection (1)(a) is contained
in a notice served on him in pursuance of that
subsection, furnishes information which he
knows is false in a material particular or recklessly
furnishes information which is false in a
material particular,
in the case of an offence under paragraph (a) of this subsection,
is liable on summary conviction to a fine of ten thousand dollars
and to imprisonment for six months and, in the case of an offence
under paragraph (b) of this subsection, is liable on summary
conviction to a fine of fifteen thousand dollars and to imprisonment
for twelve months.
(3) No information obtained by virtue of this section
shall be disclosed except—
(a) for the purpose of any criminal proceedings or
any investigation with a view to such proceedings;
(b) for the purpose of facilitating the performance
by the Director of his functions under Part III or
for the purpose of any proceedings under Part III;
(c) for the purpose of enabling the Minister to decide
whether to make, vary or revoke, Safety
Regulations or a Prohibition Order or whether to
serve, vary or revoke a Prohibition Notice or to
serve, or revoke a Notice to Warn; or
(d) in a Prohibition Notice, a Notice to Warn or a
warning published as required by a Notice to Warn
or in a warning about goods which is published
by the Minister,
but the prohibition on disclosure imposed by this subsection does
not apply to publicised information.
(4) A person who discloses information in contravention
of subsection (3) is liable, on summary conviction, to a fine of ten
thousand dollars and to imprisonment for six months.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
34 Chap. 82:34 Consumer Protection and Safety
33. The Minister may make Regulations with respect to the
manner of giving information in pursuance of the Third Schedule.
PART V
ENFORCEMENT
34. In this Part—
“premises” includes any place, any stall, any ship, aircraft and
other vehicle of any kind;
“relevant provisions” means provisions of Safety Regulations or
a Prohibition Order or a Prohibition Notice.
35. The Minister may designate one or more persons to be
authorised officers for the purposes of this Act, and shall furnish
every such person with a certificate of his designation as such, the
certificate being in the form set out as in the Fourth Schedule and
shall be signed by the Minister and the person so designated.
36. Every authorised officer is empowered to enforce the
provisions of any Order made under section 16, the provisions
of Safety Regulations and section 30, and the provisions of
Prohibition Orders and Prohibition Notices and subsections (3)
and (5) of section 31 so far as those subsections relate to such
Orders and Notices.
37. The Permanent Secretary of the Ministry shall have power
to make, or to authorise any of the officers of the Ministry to make
on his behalf, such purchases of goods or to ascertain whether any
relevant provisions are being complied with, and may authorise
any of the authorised officers to obtain such services, as may be
expedient for the purpose of determining whether or not any Order
made under section 16 is being complied with.
38. (1) An authorised officer may at all reasonable hours,
and on production, if required, of his credentials, exercise the
following powers:
(a) he may, for the purpose of ascertaining whether
any offence under section 17 has been committed,
or any relevant provisions have been contravened,
Regulations.
Third Schedule.
Interpretation.
Authorised
officers.
Fourth
Schedule.
Duty of
authorised
officers.
Power to make
test purchases.
Power to enter
premises and
inspect and
seize goods and
documents.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 35
inspect any goods and enter any premises other
than premises or such part thereof used
exclusively as a dwelling;
(b) if he has reasonable cause to suspect that an
offence under section 17 has been committed or
relevant provisions have been contravened, he
may, for the purpose of ascertaining whether it
has been committed or the provisions have been
contravened, require any person carrying on a
business or employed in connection with a
business to produce any books or documents
relating to the business and may take copies of,
or of any entry in, any such book or document;
(c) he may, for the purpose of ascertaining whether
an offence under section 30(2) has been
committed, examine any procedure, including any
arrangements for carrying out a test, connected
with the production of goods;
(d) if he has reasonable cause to believe that an
offence under section 17 has been committed, or
relevant provisions have been contravened, he
may seize and detain any goods for the purpose
of ascertaining, by testing or otherwise, whether
the offence has been committed or the provisions
have been contravened;
(e) he may seize and detain any goods or
documents which he has reason to believe
may be required as evidence in proceedings for
an offence under section 17 or 30, or under
section 31, so far as it relates to Prohibition Orders
and Prohibition Notices;
(f) he may, for the purpose of exercising his powers
under this subsection to seize goods, but only if
and to the extent that it is reasonably necessary
in order to secure that the provisions of an Order
made under section 16 are duly observed or
relevant provisions are complied with, require
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
36 Chap. 82:34 Consumer Protection and Safety
any person having authority to do so to break open
any container or open any vending machine, and
if that person does not comply with the
requirement, he may do so himself.
(2) An authorised officer seizing any goods or documents
in the exercise of his powers under this section shall inform the
person from whom they are seized and, in the case of goods seized
from a vending machine, the person whose name and address are
stated on the machine as being the proprietors or, if no name and
address are so stated, the occupier of the premises on which the
machine stands or to which it is affixed.
(3) The information referred to in subsection (2) shall be
in writing and shall specify the nature and amount of the goods
seized and shall for the purpose of any proceedings taken or
transactions made under this Act have effect as a receipt for the
goods so seized.
(4) If a Magistrate, on sworn information in writing—
(a) is satisfied that there is reasonable ground to
believe either—
(i) that any goods, books or documents which
a duly authorised officer has power under
this section to inspect are on any premises
and that their inspection is likely to
disclose evidence of the commission of an
offence under section 17 or that relevant
provisions have been contravened, or
(ii) that any offence under section 17 has been,
is being, or is about to be, committed on
any premises, or
(iii) that relevant provisions have been, or are
being, or are about to be, contravened on
any premises; and
(b) is also satisfied either—
(i) that admission to the premises has been or
is likely to be refused and that notice of
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 37
Offences in
connection with
exercise of
powers under
section 38.
intention to apply for a warrant under
this subsection has been given to the
occupier, or
(ii) that an application for admission, or the
giving of such a notice, would defeat the
object of the entry or that the premises are
unoccupied or that the occupier is
temporarily absent, and it might defeat the
object of the entry to await his return,
the Magistrate may by warrant under his hand, which shall continue
in force for a period of one month, authorise any such officer as
is mentioned in subsection (1) to enter the premises, if need be
by force.
(5) An authorised officer entering any premises by virtue
of this section may take with him such other persons and such
equipment as may appear to him necessary; and, on leaving any
premises which he has entered by virtue of a warrant under
subsection (4) where either the premises are unoccupied or the
occupier of the premises is temporarily absent he shall affix a notice
in a conspicuous place stating that the premises were entered for
the purposes of this section and as far as practicable leave such
premises as effectively secured as he found them.
39. (1) Subject to subsection (6), any person who—
(a) wilfully obstructs any authorised officer as is
mentioned in section 38(1) acting in the exercise
of any powers conferred on him by or under
that section;
(b) wilfully fails to comply with any requirement
properly made to him by such an authorised
officer under section 38; or
(c) without reasonable cause fails to give to such an
authorised officer so acting any other assistance
or information which he may reasonably require
of him for the purpose of the performance of his
functions under this Part,
is guilty of an offence.
(2) If any person, in giving any such information as is
mentioned in subsection (1)(c), makes any statement which he
knows to be false, he is guilty of an offence.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
38 Chap. 82:34 Consumer Protection and Safety
Notice of test.
(3) If any person discloses to any other person—
(a) any information with respect to any manufacturing
process or trade secret obtained by him in
premises which he has entered by virtue of
section 38, or
(b) any information obtained by him under
section 38 or by virtue of subsection (1),
he is, unless the disclosure was made in the performance of his
duty, guilty of an offence.
(4) If any person who is not an authorised officer
purports to act as such under section 38 or under this section, he is
guilty of an offence.
(5) Any person guilty of an offence under subsection (1)
is liable on summary conviction to a fine of five hundred dollars;
and any person guilty of an offence under subsection (2), (3) or (4)
is liable—
(a) on summary conviction, to a fine of two
thousand dollars;
(b) on conviction on indictment, to a fine of five
thousand dollars and to imprisonment for two years.
(6) Nothing in this section shall be construed as requiring
a person to answer any question or give any information if to do
so might incriminate that person or the person’s spouse.
40. (1) Where any goods seized or purchased by an
authorised officer in pursuance of this Part are submitted to a
test, then—
(a) if the goods were seized, he shall inform any such
person as is mentioned in section 38(2) of the
result of the test;
(b) if the goods were purchased and the test leads to
the institution of proceedings for an offence under
section 16 or 30, or under section 31, so far as
it relates to Prohibition Orders and Prohibition
Notices, he shall inform the person from
whom the goods were purchased, or, in the case
of goods sold through a vending machine, the
person mentioned in relation to such goods
in section 38(2), of the result of the test,
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 39
Compensation.
Ch. 5:01.
Civil liability.
and where, as a result of the test, proceedings for an offence are
instituted against any person, he shall allow that person to
have the goods tested on his behalf if it is reasonably practicable
to do so.
(2) The Minister may make Regulations regarding the
testing of goods seized by an authorised officer or purchased by
an officer on behalf of the Ministry in pursuance of this Act and in
particular may make such Regulations providing that the test shall
be carried out at the expense of the Ministry in a manner specified
therein, by a person specified therein and at a laboratory or at a
testing facility specified therein.
41. (1) Where in the exercise of his powers under section 38,
an authorised officer seizes and detains any goods, and their owner
suffers loss by reason of their being seized or by reason that the
goods, during the detention, are lost or damaged or deteriorate,
unless the owner is convicted of an offence under this Act
committed in relation to the goods, the owner is entitled to
compensation for the loss so suffered.
(2) Any disputed question as to the right to, or the amount
of, any compensation payable under this section, shall on the written
application of the owner or of the Attorney General be determined
as follows:
(a) if the amount of the compensation claimed
does not exceed five thousand dollars, by a
Magistrate; or
(b) if the amount of the compensation claimed
exceeds five thousand dollars, by a Judge of the
Supreme Court,
in like manner as if the Magistrate or the Judge were a single
arbitrator appointed pursuant to the provisions of the Arbitration
Act, and the provisions of that Act shall apply accordingly.
(3) Compensation payable under this section shall be
defrayed out of moneys provided for the purpose by Parliament.
42. (1) Any obligation imposed on a person by Regulations
or a Prohibition Order or a Prohibition Notice is a duty owed by
him to any other person who may be affected by a failure to perform
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
40 Chap. 82:34 Consumer Protection and Safety
Service of
documents.
Publication of
information and
advice.
[22 of 1998].
the obligation, and a breach of that duty is actionable, subject to
the defences and other incidents applying to actions for breach
of statutory duty.
(2) An agreement shall be void so far as it would, apart
from this subsection, have the effect of excluding or restricting
an obligation mentioned in subsection (1) or liability for a breach
of such an obligation.
(3) References in the preceding provisions of this section
to an obligation imposed by Safety Regulations do not include
such an obligation as to which the Regulations state that those
provisions do not apply to it.
(4) A contravention of any provision of Safety
Regulations, a Prohibition Order or a Prohibition Notice and
the commission of an offence under section 30 or 31 shall not
affect the validity of any contract or rights arising under any
contract except so far as the contract provides otherwise.
PART VI
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
43. The principal office of a company registered outside
Trinidad and Tobago or a partnership carrying on business outside
Trinidad and Tobago is its principal office within Trinidad and
Tobago for the purposes of service of any document required or
authorised by virtue of this Act to be served on any person.
44. (1) With respect to any matter in respect of which the
Director has any functions under section 4(1), he may arrange for
the publication, in such form and in such manner as he may consider
appropriate, of such information and advice as it may appear to
him to be expedient to give to consumers in Trinidad and Tobago,
including the identification of recalcitrant traders by name.
(2) Without prejudice to the exercise of his powers under
subsection (1), the Director shall encourage relevant associations
to prepare, and to disseminate to their members, codes of practice
for guidance in safeguarding and promoting the interests of
consumers in Trinidad and Tobago.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 41
Time limit for
prosecutions.
Offences by
bodies
corporate.
Restrictions on
disclosure of
information.
(3) In this section—
(a) “recalcitrant trader” means a person who in the
course of his business has engaged in conduct
which is detrimental to the interest of consumers;
(b) “relevant association” means any association,
whether incorporated or not, whose membership
consists wholly or mainly of persons engaged in
the production or supply of goods or in the supply
of services or of persons employed by or
representing persons so engaged and whose
objects or activities include the promotion of the
interests of persons so engaged and includes a
consumer association.
45. No prosecution for an offence under this Act shall be
commenced after the expiration of three years from the
commission of the offence or one year from its discovery by the
prosecutor, whichever is the earlier.
46. Where an offence under this Act which has been
committed by a body corporate, whose affairs were managed by
its members, is proved to have been committed with the consent
or connivance of, or to be attributable to any neglect on the part of,
a member of the body corporate in connection with his functions
of management he as well as the body corporate is liable to be
proceeded against and punished accordingly.
47. (1) Subject to subsections (2) to (4), no information with
respect to any particular business which has been obtained under
or by virtue of this Act, other than Part II, shall, so long as that
business continues to be carried on, be disclosed without the consent
of the person for the time being carrying on that business.
(2) Subsection (1) does not apply to any disclosure of
information which is made for the purpose of facilitating the
performance of any functions of the Minister, the Director or the
Council under this Act.
(3) Subsection (1) does not apply to any disclosure of
information which is made for the purposes of any legal
proceedings under this Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
42 Chap. 82:34 Consumer Protection and Safety
(4) Nothing in subsection (1) shall be construed—
(a) as limiting the matters which may be included in,
or made public as part of, a report of the Council; or
(b) as applying to any information which has been
made public as part of such a report.
(5) Any person who discloses any information in
contravention of this section is liable on summary conviction to a
fine of five thousand dollars and to imprisonment for six months.
FIRST SCHEDULE
(Deleted by Act No. 22 of 1998).
SECOND SCHEDULE
MATTERS FALLING WITHIN SCOPE OF PROPOSALS
UNDER SECTION 14(2)
1. Prohibition of the specified consumer trade practice either generally
or in relation to specified consumer transactions.
2. Prohibition of specified consumer transactions unless carried out at
specified times or at a place of a specified description.
3. Prohibition of the inclusion in specified consumer transactions of terms
or conditions purporting to exclude or limit the liability of a party to such a
transaction in respect of specified matters.
4. A requirement that contracts relating to specified consumer transactions
shall include specified terms or conditions.
5. A requirement that contracts or other documents relating to specified
consumer transactions shall comply with specified provisions as to lettering
(whether as to size, type, colouring or otherwise).
6. A requirement that specified information shall be given to parties to
specified consumer transactions.
Section 14(2).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 43
THIRD SCHEDULE
PROHIBITION ORDERS, PROHIBITION NOTICES
AND NOTICES TO WARN
PART I
PROHIBITION ORDERS
1. If the Minister proposes to make a Prohibition Order (hereafter in this
Part of this Schedule referred to as “an Order”), then, subject to paragraph 5, he
shall before he makes the Order—
(a) publish, in such manner as he thinks fit and not less than
twenty-six days before he makes the Order, a notice stating—
(i) that he proposes to make the Order and, in such terms
as he thinks fit, the proposed effect of the Order; and
(ii) that any person may make representations in writing to
the Minister about the proposed Order before a date
specified in the notice (which must be after the
expiration of the period of twenty-eight days beginning
with the date of first publication of the notice); and
(b) consider any such representations made within that period.
2. The effect of an Order must not be more restrictive, but may be less
restrictive, than the proposed effect of it as stated in the notice.
3. Without prejudice to the power to make a further Order and subject to
paragraph 4, an Order shall cease to have effect at the expiration of a period
specified in the Order which must not be longer than twelve months beginning
with the date on which the Order comes into force.
4. An Order may revoke a previous Order or may vary it otherwise than
by providing for it to be in force after expiration of twelve months beginning
with the date of the coming into force of the previous Order.
5. Paragraphs 1 and 2 shall not apply to an Order if the Order contains
a statement that in the opinion of the Minister the risk of danger connected
with the goods to which the Order relates is such that the Order must be made
without delay.
Sections 31(2),
and 33.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
44 Chap. 82:34 Consumer Protection and Safety
PART II
PROHIBITION NOTICES
PRELIMINARY
6. In this Part—
“Notice” means a Prohibition Notice;
“Notification” means a Notification in writing;
“the trader” in relation to a proposed Notice or an actual Notice means the
person on whom the proposed Notice is proposed to be served or on whom
the actual Notice has been served.
7. A Notice must specify the date on which it comes into force.
GENERAL PROCEDURE
8. If the Minister proposes to serve a Notice in respect of any goods,
then, subject to paragraph 14, he shall before he serves the Notice serve on the
trader a Notification—
(a) stating that the Minister proposes to serve on him a Notice in
respect of the goods; and
(b) specifying the goods in a manner sufficient to identify them
and stating that, for the reasons set out in the Notification, the
Minister considers that the goods are not safe; and
(c) stating that the trader may make representations, in writing,
or both in writing and orally, for the purpose of satisfying the
Minister that the goods are safe but that if the trader intends to
make such representations he must, before the expiration of
the period of fourteen days beginning with the day when the
Notification is served on him, inform the Minister of his
intention indicating whether the representations are to be in
writing only, or both in writing and orally.
9. Subject to paragraph 14, the Minister shall not serve a Notice on the
trader in respect of any goods before the expiration of the period of fourteen
days beginning with the day on which the Minister served on him a Notification
in pursuance of paragraph 8 relating to the goods; and, if within that period the
trader informs the Minister as mentioned in paragraph 8(c), then—
(a) the Minister shall not serve a Notice on the trader in
consequence of the Notification before the expiration of the
period of twenty-eight days beginning with the day
aforesaid; and
(b) if during that period the trader makes to the Minister such
written representations as are mentioned in paragraph 8(c),
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 45
the Minister shall not serve a Notice on the trader in
consequence of the Notification before the Minister has
considered the report of a person appointed in pursuance of
paragraph 10 in consequence of the representations.
10. Where, in consequence of the service on the trader of a Notification in
pursuance of paragraph 8, the trader informs the Minister as mentioned in
paragraph 8(c) within the period so mentioned and makes to the Minister within
that period or the fourteen days beginning with the end of that period such
written representations as are so mentioned, the Minister shall—
(a) appoint a person to consider the written representations; and
(b) if the trader informed the Minister in pursuance of paragraph
8(c) that the representations would be both written and oral,
inform the trader of the place and time (which must not be
before the expiration of the fourteen days aforesaid and of
seven days beginning with the day when the information is
given to the trader) at which the oral representations may be
made to the person appointed,
and the trader or his representative may at that place and time make to the
person appointed oral representations for the purpose of satisfying the Minister
that the goods in question are safe and may call and examine witnesses in
connection with the representations.
11. The person appointed in pursuance of paragraph 10 to consider written
representations with respect to any goods shall, after considering the
representations, any oral representations made in pursuance of that paragraph
with respect to the goods, and any statements made by witnesses in connection
with the oral representations, make a report (including recommendations) to
the Minister about the representations and the proposed Notice.
12. If at any time after the Minister has served a Notification on the trader
in pursuance of paragraph 8, the Minister decides not to serve a Notice on him
in consequence of the Notification, the Minister shall inform him of the decision;
and, after the Minister informs him of the decision, the Notification and anything
done in consequence of it in pursuance of the preceding paragraphs shall be
disregarded for the purposes of those paragraphs.
13. Where a Notification is served on the trader in respect of any goods in
pursuance of paragraph 8, a Notice served on him in consequence of the
notification may relate to some only of those goods.
SPECIAL PROCEDURE
14. Paragraphs 8 to 13 shall not apply to a Notice which contains a statement
that the Minister considers that the risk of danger connected with the goods to
which the Notice relates is such that the Notice must come into force without
delay; and, references to a Notice in paragraphs 15 to 18 are to a Notice containing
such a statement.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
46 Chap. 82:34 Consumer Protection and Safety
15. A Notice in respect of any goods must—
(a) state that, for the reasons set out in the Notice, the Minister
considers that the goods are not safe; and
(b) state that the trader may, at such time as the trader thinks fit,
make representations in writing to the Minister for the purpose
of satisfying him that the goods are safe.
16. If representations in writing about a Notice are made by the trader to
the Minister, the Minister shall consider the representations and either revoke
the Notice and inform the trader that he has revoked it, or—
(a) appoint a person to consider the representations; and
(b) serve on the trader a Notification stating that he may make to
the person appointed oral representations for the purpose
mentioned in paragraph 15 and specifying the place and time
(which, except with the agreement of the trader, must not be
before the expiration of twenty-one days beginning with the
date of service of the Notification) at which the oral
representations may be made,
and the trader or his representative may at that place and time make to the
person appointed oral representations for the purpose aforesaid and may call
and examine witnesses in connection with the representations.
17. The person appointed in pursuance of paragraph 16 to consider written
representations with respect to any goods shall, after considering the
representations, any oral representations made in pursuance of that paragraph
with respect to the goods, and any statements made by witnesses in connection
with the oral representations, make a report including recommendations to the
Minister about the representations and the Notice in question.
18. Where the Minister has appointed a person in pursuance of paragraph 16
to consider any representations relating to a Notice then, without prejudice to
the operation of paragraphs 19 and 20, paragraphs 16 and 17 shall not apply to
any subsequent representations in writing about the Notice.
OTHER REPRESENTATIONS
19. If at any time the trader on whom a Notice has been served makes
representations in writing to the Minister for the purpose of satisfying him that
the goods to which the Notice relates are safe and, by virtue of paragraph 18,
paragraph 16 does not apply to the representations, the Minister shall consider
the representations and serve on the trader, before the expiration of one month
beginning with the day when the Minister receives the representations, a
Notification stating—
(a) that the Minister will revoke the Notice or vary it or declines
to do so; or
(b) that the Minister has appointed a person to consider the
representations and that the trader may make to the person
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 47
appointed, at a place specified in the Notification and a time
so specified (which, except with the agreement of the trader,
must not be before the expiration of the period of twenty-one
days beginning with the date of service of the Notification),
oral representations for the purpose,
and the trader or his representative may at that place and time make to the
person appointed oral representations for the purpose and may call and examine
witnesses in connection with the representations.
20. The person appointed in pursuance of paragraph 19 to consider written
representations with respect to any goods shall, after considering the
representations, any oral representations made in pursuance of that paragraph
with respect to the goods, and any statements made by witnesses in connection
with the oral representations, make a report including recommendations to the
Minister about the representations and the Notice in question.
MISCELLANEOUS
21. The Minister may revoke or vary a Notice by serving on the trader a
Notification stating that the Notice is revoked or, as the case may be, is varied
as specified in the Notification; but, the Minister shall not have power to vary a
Notice so as to make the effect of the Notice more restrictive for the trader.
22. The Minister shall consider any report made to him in pursuance of
paragraph 17 or 20 and, after considering the report, inform the trader of his
decision with respect to the Notice in question.
23. Where the Minister has appointed a time in pursuance of this Part for
oral representations, he may appoint a later time or further times for the
representations; and, where he does so references in this Part to the appointed
time shall be construed as references to the later time or, as the case may be, as
including the further times.
24. If a person discloses a secret manufacturing process or a trade secret
contained in information obtained by him in consequence of the inclusion of
the information in written or oral representations made in pursuance of this Part
or in a statement made by a witness in connection with such oral representations,
then, subject to the following paragraph, he is liable on summary conviction to
a fine of five thousand dollars and to imprisonment for six months; and, it is
hereby declared that the reference above to written representations includes
such written representations as are mentioned in paragraph 19.
25. A person shall not be guilty of an offence under paragraph 24
in consequence of his disclosure of a process or trade secret contained in
information if—
(a) the information was obtained by him as a person appointed by
the Minister in pursuance of this Part to consider the
representations in question and the disclosure was made in his
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
48 Chap. 82:34 Consumer Protection and Safety
report to the Minister about the representations or was made
for the purpose of criminal proceedings or an investigation
with a view to such proceedings;
(b) the information was obtained by him otherwise than as a person
so appointed and the disclosure was made as mentioned in
paragraphs (a) to (d) of section 32(3) of this Act; or
(c) the disclosure was of publicised information.
PART III
NOTICES TO WARN
26. If the Minister proposes to serve on a person a Notice to Warn in respect
of any goods, the Minister shall, before he serves the Notice, serve on the person
a Notification in writing—
(a) containing a draft of the Notice and stating that the Minister
proposes to serve on the person such a Notice in the form of
the draft; and
(b) stating that, for the reasons set out in the Notification, the
Minister considers that the goods specified in the draft are not
safe; and
(c) stating that the person may make representations, in writing,
or both in writing or orally, for the purpose of satisfying the
Minister that the goods are safe but that if the person intends
to make such representations he must, before the expiration
of the period of fourteen days beginning with the day when
the Notification is served on him, inform the Minister of his
intentions indicating whether the representations are to be in
writing only or both in writing or orally.
27. Paragraphs 9 to 13, 21, 23 to 25 shall with the necessary
modifications have effect in relation to a Notice to Warn as they have effect
in relation to a Prohibition Notice but as if—
(a) the reference to paragraph 14 in paragraph 9 were omitted;
(b) for the references to paragraph 8 in paragraphs 9, 10, 12 and 13
there were substituted references to paragraph 26;
(c) in paragraph 13 for the words from “relate” onwards there
were substituted the words “be less onerous than the draft of
the Notice contained in the Notification”;
(d) in paragraph 21 the words “or vary” and the words from “or,
as” onwards were omitted; and
(e) in paragraph 24 the words from “and it is” onwards were
omitted and in that paragraph and paragraph 25 for the
references to this Part there were substituted references to
provisions of that Part as applied by this paragraph.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 49
.............................................. ..........................................
FOURTH SCHEDULE
CERTIFICATE OF DESIGNATED
AUTHORISED OFFICER
[Section 35 of the Consumer Protection and Safety Act,
(Ch. 82:34)]
THIS IS TO CERTIFY that .......................................
has been designated as an authorised officer under
section 35 of the Consumer Protection and Safety Act,
(Ch. 82:34)
Section 35.
Affix passport
size photograph
here
Signature of Authorised Officer Signature of Minister
Official Stamp
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
50 Chap. 82:34 Consumer Protection and Safety
SUBSIDIARY LEGISLATION
ADVERSE TRADE PRACTICES ORDER
ARRANGEMENT OF ORDERS
1. Citation.
2. Interpretation.
3. Prohibition against display, of notice containing invalid statements.
4. Prohibition against display, publication, etc., of invalid statements.
5. Terms, etc., to be included in contract.
6. Supplier to state rights and obligations, including statuory rights
of consumer.
7. Display of price and VAT.
ORDER
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
[Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 51
ADVERSE TRADE PRACTICES ORDER
made under section 16
1. This Order may be cited as the Adverse Trade
Practices Order.
2. In this Order—
“Act” means the Consumer Protection and Safety Act;
“advertisement” has the meaning assigned to it in section 2 of the
Trade Descriptions Act;
“consumer transaction” means any transaction to which a person
is or may be invited to become a party in his capacity as
a consumer;
“container” includes any form of packaging of goods whether
by way of wholly or partially enclosing the goods, or by way
of attaching the goods to, or winding the goods around
some other article and in particular includes a wrapper or
confining band;
“notice” includes any business announcement, whether or not in
writing, and any other business communication or pretended
communication.
3. A person shall not, in the course of a business, display, at
any place where consumer transactions are effected, a notice
containing statements which are invalid by virtue of—
(a) section 9 of the Unfair Contract Terms Act; or
(b) any other written law.
4. A person shall not in the course of a business—
(a) display;
(b) publish, or cause to be published;
(c) supply; or
(d) furnish,
at any place where consumer transactions are effected, any
advertisement, receipts, bills or other documents containing, or
125/2000.
Citation.
Interpretation.
Ch. 82:34.
Ch. 82:04.
Prohibition
against display
of notice
containing
invalid
statements.
Ch. 82:37.
Prohibition
against display,
publication, etc.,
of invalid
statements.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Adverse Trade Practices Order[Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
52 Chap. 82:34 Consumer Protection and Safety
Terms, etc., to
be included in
contract.
Supplier to state
rights, and
obligations,
including
statutory rights
of consumer.
Ch. 82:30.
Ch. 82:33.
any goods bearing, or goods in a container bearing, any statement
which is invalid by virtue of the Unfair Contract Terms Act, or any
other written law.
5. A contract which relates to any consumer transaction
shall include all such terms and conditions, representations,
warranties or guarantees of any kind, under which the goods relating
to such transaction are to be supplied, including any such terms
and conditions, representations, warranties or guarantees as relates
to the cost or costs, if any, to be borne by the consumer if the
goods are to be returned for servicing or inspection with a view to
effecting repairs.
6. (1) This paragraph applies to goods which are supplied
in the course of a business by one person (hereinafter called
“the supplier”) to another, where, at the time of the supply, the
goods were intended by the supplier to be, or might reasonably
have been expected by him to be, the subject of a subsequent
consumer transaction.
(2) Where a supplier—
(a) supplies goods which bear, or are in a container
bearing a statement which sets out or describes
or limits the obligations accepted or to be accepted
by him in relation to the goods; or
(b) furnishes a document in relation to the goods
which contains the statement referred to in
paragraph (a),
he shall, together with any such statement, include, in letters or
figures of the same size and prominence, another statement to the
effect that—
(i) the consumer possesses certain statutory
rights by virtue of sections 14, 15, 16, and
17 of the Sale of Goods Act and sections 1,
4(2), 6, 8, 10 and 13 of the Hire Purchase
Act; and
(ii) the statement referred to in paragraph (a) does
not or will not affect those statutory rights.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
Adverse Trade Practices Order [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Consumer Protection and Safety Chap. 82:34 53
7. (1) Where a person who supplies goods in the course of
a business advertises, displays or quotes a price at which the goods
will be supplied which is exclusive of the tax to be charged under
the Value Added Tax Act, the price must be accompanied by a
quotation of the tax to be applied to the price of the goods.
(2) The quotation of the tax referred to in subparagraph (1)
shall be displayed in—
(a) money terms;
(b) figures or letters of the same size and prominence
as the price of the goods.
Display of price
and VAT.
Ch. 75:06.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
