Consultation on the Mandatory Reporting Policy for the Proposed Canada Consumer Product Safety Act

Health Canada is currently conducting a consultation on its proposed policy for mandatory reporting requirements under the proposed Canada Consumer Product Safety Act (CCPSA). The purpose of this consultation document is to provide you with important information related to this proposal and to solicit your input regarding Health Canada's proposal on how it would implement Clause 14 of the Bill, which sets out duties in the event of a product safety incident.

The proposed CCPSA would replace Part I of the Hazardous Products Act and introduce a new regulatory regime for consumer products. One of the shortcomings identified in the Hazardous Products Act is the absence of any requirement for suppliers to report incidents and defects related to health and safety.

Provisions requiring mandatory reporting of such incidents and product defects are common features of modernized consumer product safety regimes.

The mandatory reporting provision of the proposed CCPSA (Clause 14) would allow for a proactive and efficient means for responding to dangers posed by consumer products. Mandatory reporting would help implement the Government's second and third pillars of the Food and Consumer Safety Action Plan: targeted oversight and rapid response. Reports of incidents are expected to be a major source of information about potential unreasonable dangers posed by consumer products, and by requiring that they be reported up the supply chain and to Health Canada, the Government can monitor whether the manufacturer or importer has taken appropriate measures where necessary to mitigate the risk of further potential injury or illness.

The consultation document contains draft interpretation and guidance for suppliers^{Footnote 1} in anticipation of the mandatory reporting requirements described in Clause 14 of the proposed CCPSA. For the most recent version of the Bill, users should consult the text available on the  Parliament of Canada website.

Specifically, the consultation document covers:

1. general interpretation for reporting incidents;
2. specific interpretations for incidents under 14(1)(a) through (d); and
3. reporting - who, what, when, how, including draft incident report form for reporting online.

The content has been based on policy developed for the drafting of the proposed Act and incorporates feedback from consultations with industry and other stakeholders. Where appropriate, this draft policy has been aligned with the United States Consumer Product Safety Commission (US CPSC) and the Ontario Electrical Safety Authority (ESA) both of whom have mandatory reporting.

How to Get Involved

This consultation is open for comment starting July 19^th, 2010 until October 29^th, 2010.

Some questions related to this regulatory proposal have been developed for your consideration and to promote discussion. These can be found at the end of the document mentioned above. Comments do not need to be restricted to answering the questions. Any comments related to this document will be taken into consideration.

Once you select the link for the consultation document, you will be able to read the background and considerations, and submit your comments via email, by mail or by fax to:

• CCPSA-LCSPC@hc-sc.gc.ca
• Consultation on the Policy for Mandatory Reporting
  Consumer Product Safety Directorate
  Health Canada
  123 Slater Street, 4th floor
  Address Locator: 3504D
  Ottawa, Ontario
  K1A 0K9

Interested parties are encouraged to provide comments and suggestions by October 29^th, 2010.

Additional Information

• Canada Consumer Product Safety Act

Reporting to Canadians

Health Canada will make the results of this consultation available on this website. If you have any questions, contact us at CCPSA-LCSPC@hc-sc.gc.ca.