2011
Help on accessing alternative formats, such as Portable Document Format (PDF), Microsoft Word and PowerPoint (PPT) files, can be obtained in the alternate format help section.
The purpose of the Canada Consumer Product Safety Act is to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada.
The Canada Consumer Product Safety Act applies to suppliers of consumer products in Canada, including manufacturers, importers, distributors, advertisers and retailers. The Act, which replaces Part I and Schedule I of the Hazardous Products Act, recognizes that suppliers of consumer products have an essential role to play in addressing any dangers to human health or safety that may be posed by these products in today's global marketplace.
This is a guide to the key provisions of the Canada Consumer Product Safety Act. The guide provides an overview of the legislation and is not intended to substitute for, supersede or limit the requirements under the legislation. In case of any discrepancy between this overview and the actual text of the legislation, the legislative text will prevail. In addition, other laws, whether federal, provincial or territorial, may also apply to the products that are covered by this law.
For more information, please see web links listed in Appendix D or contact a Health Canada Product Safety Office listed in Appendix E.
You have responsibilities under the Canada Consumer Product Safety Act if you:
A consumer product under the Act is a product that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes. Non-commercial purposes would include a broad range of purposes such as domestic, recreational and sports purposes. This definition includes the product itself, the product's components, parts or accessories and its packaging.
Under the Act, manufacturing a consumer product includes producing, formulating, repackaging, and preparing it. It also includes reconditioning the product for sale.
Selling a consumer product includes leasing the product or distributing the product to one or more persons even if there is no money or other consideration exchanged for the distribution.
The Canada Consumer Product Safety Act does not apply to some products that would otherwise fall under the definition of a consumer product. Schedule 1 of the Act lists products to which the Act does not apply. Examples of these products are explosives, cosmetics, drugs, food, medical devices, and ammunition. All of these products are dealt with by other legislation. The Governor in Council has the authority to add to this exclusion list by regulation. For the full text of Schedule 1, see Appendix A.
The Act also does not apply to natural health products. Natural health products are regulated under their own regulatory framework, the Natural Health Products Regulations under the Food and Drugs Act.
The Act does apply to tobacco products but only in relation to their ignition propensity.
Under the Canada Consumer Product Safety Act there are several important prohibitions respecting consumer products. Contravening any of these prohibitions is an offence under the Act subject to criminal prosecution.
You are not allowed to manufacture, import into Canada, advertise or sell a consumer product that is listed in Schedule 2 of the Act. Examples of these prohibited products are baby walkers and jequirity beans. The Governor in Council has authority to amend Schedule 2 by regulation. For the complete text of Schedule 2, see Appendix B.
You are not allowed to manufacture, import into Canada, advertise or sell a consumer product that does not comply with the requirements set out in the regulations. These requirements include safety and performance requirements. Such requirements exist, for example, for cribs, kettles, lighters, children's sleepwear, strollers, and children's jewellery. For a list of the regulations that set out requirements, see Appendix C.
If you manufacture, import into Canada, advertise or sell consumer products, you are responsible for being familiar with the applicable requirements set out in the regulations.
If you are a manufacturer or importer, you are not allowed to manufacture, import into Canada, advertise or sell a consumer product that is a "danger to human health or safety".
No one is allowed to advertise or sell a consumer product that they know is a danger to human health or safety.
The Canada Consumer Product Safety Act defines the concept of "danger to human health or safety." Here are the key elements of that definition:
It is considered responsible business practice to ensure that unsafe consumer products are removed from the marketplace in an effective and timely manner. As a result, Health Canada anticipates that most recalls will occur at the initiative of the responsible supplier who will voluntarily plan and implement the details of the recall.
The Minister of Health (Health Canada) has authority under the Canada Consumer Product Safety Act to order a person who manufactures, imports into Canada or sells a consumer product for commercial purposes to recall the product if Health Canada believes on reasonable grounds that the product is a "danger to human health or safety". Health Canada also has the authority to carry out a recall order if a supplier fails to do so, at the supplier's expense.
If you are a manufacturer or importer, you are not allowed to manufacture, import into Canada, advertise or sell a consumer product that is the subject of a recall order or that has been voluntarily recalled because it is a danger to human health or safety.
No one is allowed to advertise or sell a consumer product that they know is the subject of a recall order or that has been voluntarily recalled because it is a danger to human health or safety.
The Canada Consumer Product Safety Act specifies circumstances in which Health Canada may order a person who manufactures, imports into Canada, advertises or sells a consumer product to take corrective measures, such as stopping the manufacture of a product or modifying the product so that it complies with the Act and regulations. The purpose of this type of order would be to remedy a non-compliance with the Act or regulations or to address or prevent a danger to human health or safety. Health Canada also has the authority to carry out corrective measures if a supplier fails to do so, at the supplier's expense.
If you are a manufacturer or importer, you are not allowed to manufacture, import into Canada, advertise or sell a consumer product that is the subject of a corrective measure that has not been carried out.
No one is allowed to advertise or sell a consumer product that they know is the subject of a corrective measure that has not been carried out.
No one is allowed to package or label a consumer product in a manner that may reasonably be expected to create an erroneous impression regarding the fact that it is not a danger to human health or safety. For instance, it is prohibited to use packaging and labelling to create the impression that a product is safe when it is in fact a danger to human health or safety. This would include packaging or labelling that is false, misleading or deceptive with respect to the product's safety. For example, a product containing lead in such concentrations as to pose a danger to human health or safety should not have on its package or label a claim that it is lead-free.
No one is allowed to package or label a consumer product in a manner that is false, misleading or deceptive regarding its certification related to its safety or its compliance with a safety standard or the regulations. For example, it would be an offence under the Act to make a claim on a consumer product that Health Canada has certified the health or safety of the product when this is not the case (note that Health Canada is not a certifying authority for consumer products). Similarly, a baby crib may not have a claim on it that indicates that the crib meets Health Canada safety or performance requirements if this is not true.
No one is allowed to advertise or sell a consumer product that they know is advertised, packaged or labelled in the manner described above.
It is an offence under the Canada Consumer Product Safety Act to knowingly provide false or misleading information to Health Canada in relation to a matter under the Act or the regulations.
Health Canada may order anyone who manufactures or imports a consumer product into Canada for commercial purposes to:
Under the Canada Consumer Product Safety Act, anyone who manufactures, imports, advertises, sells or tests a consumer product must prepare and maintain certain records. The intent of these requirements is to ensure that consumer products are able to be traced throughout the supply chain at all times for the purposes of reporting and recalls.
Retailers are required to prepare and maintain documents that indicate the name and address of the person from whom they obtained the product, location where they sold the product and the period during which they sold the product. This requirement would be in addition to any other document retention requirements under the regulations.
Anyone else who manufactures, imports, advertises, sells or tests a consumer product for commercial purposes must prepare and maintain documents that indicate the name and address of the person from whom they obtained the product or the person to whom they sold it, or both. This requirement would be in addition to any other document retention requirements under the regulations.
All required documents must be kept for at least six years unless the regulations specify another time period. The documents must be kept in a person's place of business in Canada unless the regulations specify another location. The intent of these requirements is to ensure that consumer products are able to be traced through the supply chain at all times for the purposes of timely mandatory incident reporting, effective product recalls, and inspections.
Health Canada may exempt a person from the requirement to keep documents in Canada if it is considered unnecessary or impractical for the person to do so. In those cases, Health Canada may impose terms and conditions in relation to that exemption.
The Canada Consumer Product Safety Act sets out reporting responsibilities in relation to potential health or safety concerns with consumer products. Reportable incidents submitted by companies will help serve as an early warning and detection of health or safety issues with the purpose of reducing the number of unsafe or potentially unsafe consumer products on the Canadian market.
Anyone who manufactures, imports, or sells a consumer product for commercial purposes must provide Health Canada with all information in their control regarding an "incident". It is expected that suppliers will undertake an evaluation to determine if the suspected incident meets the criteria to be reported to Health Canada. This determination may be undertaken prior to timelines commencing for the mandatory incident reports.
To determine whether an event is a reportable "incident" the supplier must determine, among other things, whether their product is related to the suspected incident and that it meets one of the criteria for an incident, which are:
If you are a manufacturer (or if the manufacturer carries on business outside Canada, the importer) of a product that is involved with a reportable incident in Canada, you are also required to submit to Health Canada a more detailed written report within ten days after the day on which you became aware of an incident unless Health Canada specifies a different timeframe.
This report must contain information:
The Canada Consumer Product Safety Act authorizes Health Canada to disclose personal information to a person or government that carries out functions relating to the protection of human health or safety without the consent of the individual to whom the personal information relates if disclosure of that personal information is necessary to identify or address a serious danger to human health or safety.
Disclosure of personal information under the Canada Consumer Product Safety Act does not affect the provisions of the Privacy Act, in other words, the Privacy Act continues to apply.
Health Canada is authorized under the CCPSA to disclose confidential business information in relation to a consumer product without the consent of the person to whose business or affairs the information relates and without notifying that person beforehand in two circumstances:
"Government" is a defined term under the Act. It means any of the following or their institutions:
"Confidential business information" is also defined in the Act and means business information:
All three criteria must be met.
The disclosure of confidential business information under the Canada Consumer Product Safety Act and the Access to Information Act are each governed by different legal frameworks. Therefore one cannot compare the manner in which the two may be disclosed, nor how they are dealt with in the respective Acts.
Health Canada has authority to disclose to the public information about a danger to human health or safety that a consumer product poses.
Inspection powers under the Canada Consumer Product Safety Act are aimed at verifying compliance and preventing non-compliance.
Health Canada inspectors carry out many duties under the CCPSA related to verifying compliance and preventing non-compliance. Inspectors' activities may include:
For the purpose of verifying compliance or preventing non-compliance with the Act or the regulations, the inspector may at any reasonable time enter a place, including a conveyance, in which the inspector has reasonable grounds to believe that a consumer product is manufactured, imported, packaged, stored, advertised, sold, labelled, tested or transported, or a document relating to the administration of the Act or the regulations is located. This does not include a location where a consumer product is stored by an individual for their personal use.
An inspector may enter a person's home to conduct an inspection if activities that are regulated under the Canada Consumer Product Safety Act in relation to a consumer product are believed on reasonable grounds to be taking place in the home. An inspector may only enter a person's home in these circumstances with the person's consent or under the authority of a warrant.
An inspector who is carrying out their functions and any person accompanying them may enter on or pass through or over private property.
An inspector carries a certificate attesting to his or her designation as an inspector and must, if requested to do so, show the certificate to the person in charge of the place.
For the purposes of verifying compliance or preventing non-compliance during an inspection, an inspector has the power to:
The owner or person in charge of the place that is being inspected and every person found in the place must give an inspector all reasonable assistance and provide the inspector with any information that they may reasonably require.
A consumer product may be recalled on a voluntary basis by a supplier or may be ordered to be recalled by Health Canada.
Health Canada is authorized under the Canada Consumer Product Safety Act to order a recall of a consumer product or to order a person to take certain corrective measures. These two powers are aimed at promoting rapid response to safety problems with consumer products, particularly in situations where suppliers fail to take appropriate steps to address the problems on a voluntary basis.
The Canada Consumer Product Safety Act authorizes Health Canada to order a recall of a consumer product if Health Canada believes on reasonable grounds that the product is a danger to human health or safety. A recall order would be addressed to a person who manufactures, imports or sells a product for commercial purposes.
Health Canada may also order a person who manufactures, imports, advertises or sells a consumer product to take certain measures if:
The measures could include:
If a person does not comply with a recall order or an order to take corrective measures within the time specified, Health Canada may carry out the recall or the corrective measure required at the person's expense.
A person who was ordered to recall a consumer product or to take another measure may request in writing to have the order reviewed. The request for review must specify the grounds for review and set out the evidence that supports those grounds. While the order is being reviewed, the original order continues to be valid unless a review officer decides otherwise. The review can result in the order being confirmed, amended, terminated or cancelled.
Health Canada's objectives in enforcing the provisions of the Canada Consumer Product Safety Act are to improve the health and safety of all Canadians and to support industry in their efforts to comply with the legislation. In meeting these objectives, Health Canada has a range of options for promoting compliance and preventing non-compliance.
Voluntary compliance is often the most efficient and effective approach for everyone - the public, industry and government.
Health Canada inspectors work to administer and enforce the CCPSA and the regulations. Inspectors will
When an issue arises in relation to a consumer product that requires action, a supplier may agree to voluntarily correct any non-compliant behaviour or correct a non-compliant aspect of a product, to dispose of a product or, if necessary, to recall a product.
In cases where an individual or company does not voluntarily bring a product into compliance under the Canada Consumer Product Safety Act or in urgent cases, Health Canada may be authorized to:
If a person does not comply with an order to take corrective measures or to recall a consumer product, Health Canada may issue a notice of violation with an accompanying fine. The fines under an administrative monetary penalty scheme are generally lower than the fines imposed following criminal prosecution. Regulations made under the Act will distinguish between minor, serious or very serious violations and fix a penalty or a range of penalties for the violations. A person who has received a notice of violation has the option of paying the penalty, requesting to enter into a compliance agreement or requesting a review of the notice of violation or the penalty.
Health Canada may publish information about a violation for which an administrative monetary penalty has been imposed for the purpose of encouraging compliance.
Health Canada concluded regulatory consultations for the making of Administrative Monetary Penalties (AMP) Regulations under the Canada Consumer Product Safety Act in the fall of 2010. The department is proceeding through the established regulatory process. Updates on the status of these regulations will be posted to the Health Canada website (Canada Consumer Product Safety Act (CCPSA)).
In the most severe of cases, Health Canada can resort to the courts by seeking criminal charges against a person who has contravened the Act or regulations.
A person convicted of an offence under the Act is liable to a fine or to imprisonment, or both. The severity of the penalty is dependant on the nature and the circumstances of the offence. Directors and officers of a corporation who participated in a commission of an offence may be charged. A conviction would result in a criminal record.
In imposing a sentence, a court is required to consider the harm or risk of harm caused by the commission of the offence and the vulnerability of individuals who use the consumer product.
Health Canada may publish information about any contravention of the Act or the regulations for the purpose of encouraging compliance.
Under the Canada Consumer Product Safety Act certain products are expressly excluded from the application of the Act. These products are described in Schedule 1 of the Act as follows:
In addition the Act applies to tobacco products but only in respect of their ignition propensity.
Under the Canada Consumer Product Safety Act, a person is prohibited from manufacturing, importing into Canada, advertising or selling a consumer product listed in Schedule 2 of the Act.
This is the list of products contained in Schedule 2:
Under the Canada Consumer Product Safety Act a person is prohibited from manufacturing, importing into Canada, advertising or selling a consumer product that does not comply with the requirements that are set out in the regulations made under the Act.
Here is a list of those regulations:
| Regional Consumer Product Safety Offices | Locations in the United States that these Offices Serve | Other Continents that these Offices Serve |
|---|---|---|
|
|
|
|
Alberta, Yukon, Northwest Territories and Nunavut
|
|
|
|
|
|
|
Ontario
|
||
|
Quebec
|
||
|
Atlantic Provinces
|
|
|
|