Compliance and Enforcement Policy

1. Introduction

The mission of the Healthy Environments and Consumer Safety Branch is to help the people of Canada maintain and improve their health by promoting healthy living, working and recreational environments, and by reducing the harm caused by, controlled substances, environmental contaminants, tobacco and unsafe consumer and industrial products.

The Branch focuses on these goals by promoting healthy behaviours, developing and applying harm reduction and prevention methods, and enforcing health protection legislation. The Branch enforces legislation through its Programmes and through the Regional Offices of Health Canada.

This policy lists the legislation administered by the Branch, provides the compliance and enforcement objectives, sets out responsibilities and describes the range of responses to non-compliance that the Branch will use to secure adherence to legislative requirements.

Programmes may develop policies and procedures that address specific needs provided that such policies are consistent with the principles and requirements of this policy.

2. Scope

The responsibility for the administration of relevant legislation rests with the Minister of Health but is delegated and discharged on a day-to-day basis by the Branch. This policy applies to the compliance and enforcement of the provisions of the acts and regulations administered by the Branch. Essentially, the policy applies to those products and activities that are subject to the applicable legislation and to those persons or enterprises that market such products or are involved in such activities in Canada. Detailed requirements are set out in following acts and their associated regulations:

Food and Drugs Act

The Branch is responsible for administering the Cosmetics Regulations under the Food and Drugs Act.

Controlled Drugs and Substances Act

Governs the importing, exporting, producing, possession, trafficking, sale, provision and prescription of controlled drugs and substances in an effort to minimize the abuse and diversion of these drugs and substances while enabling legitimate scientific and industrial use.

Radiation Emitting Devices Act

Governs the sale, lease and importation of radiation emitting devices.

Hazardous Products Act

Governs the importation, sale or advertising of products, materials and substances which may be hazardous to consumers or in the workplace.

Tobacco Act

Governs the manufacturing, sale, labelling and promotion of tobacco products with the purpose of protecting young persons from inducement to use tobacco products and of restricting access to tobacco products.

Broadcasting Act

Governs the advertising of drugs and cosmetics.

3. Policy Objectives

To help the people of Canada maintain and enhance their health and safety through the fair and consistent application of legislation.

To obtain and maintain compliance using the most effective means while ensuring a fair, consistent and transparent approach.

To communicate Programme responsibilities and authorities concerning enforcement.