Cat. No.: H128-1/11-658
HC Pub.: 110135
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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 Act replaces Part I and Schedule I of the Hazardous Products Act.
The Canada Consumer Product Safety Act contains rules about manufacturing, importing, selling, advertising and testing consumer products in Canada. Under the new law the Minister of Health (Health Canada) has the power to order recalls of products on the market that pose a danger to human health or safety.
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, such as for household, recreational or sports purposes and used, for example, by an individual or a family.
The Canada Consumer Product Safety Act does not apply to certain products that are covered by other legislation, such as:
The Act does apply to tobacco products but only in relation to their ignition propensity.
Product safety is in everyone's best interest. Under the Canada Consumer Product Safety Act you have certain responsibilities as a seller of consumer products, these include:
If you buy a consumer product directly from a manufacturer or distributor that is located outside of Canada to sell at your retail location, you may be an "importer" under the Canada Consumer Product Safety Act. As an importer of consumer products, you would have other responsibilities under the Act in addition to the ones outlined here. For more information visit: Canada Consumer Product Safety Act (CCPSA).
You are required to keep records of the name and address of your suppliers, the location where you sold consumer products, and the period during which you sold the products. However, there is no requirement under the Act for retailers to keep documents of every consumer transaction or of consumers' personal information. You must keep these records at your place of business in Canada for at least 6 years and provide the information to Health Canada on request.
Health Canada may need this information to help trace the source of unsafe consumer products.
You are required to report health or safety related incidents associated with consumer products to Health Canada and to your supplier. You may become aware of a health or safety-related incident from your own experience or from a customer's complaint.
Here are some examples of reportable incidents:
You are prohibited from selling a product that has been recalled for health and safety reasons, either ordered by Health Canada or undertaken voluntarily in Canada. If a consumer product is recalled by one of your suppliers or by Health Canada, you may receive a notice of the recall and instructions on what to do to remove the product from the market. You should follow these instructions in order to maintain the health and safety of consumers who may have purchased the product at your store. Also, when recalled products have been repaired with retrofit kits or in other ways offered by the manufacturer, make sure the product has been corrected as directed by the manufacturer.
To learn if a consumer product has been recalled in Canada, check with:
A Health Canada inspector may visit your place of business. Inspectors' activities may include:
During an inspection, you are required to give inspectors all reasonable assistance and provide them with any information that they may require. Keep in mind that the inspector's goal is to keep unsafe products out of the marketplace with your cooperation.
An inspector may take a sample of your merchandise for the purpose of testing and evaluation. For example, the inspector may take a sample of a child's toy.
This document contains some basic information about the Canada Consumer Product Safety Act. It is a summary provided for your convenience but should not be interpreted as Health Canada policy or a substitute for legislation. In case of any discrepancy between this document and the legislation discussed here, the legislation will prevail.
For more detailed information, including the text of the Act and regulations, or to report a health or safety related incident, please visit the Health Canada website at Canada Consumer Product Safety Act (CCPSA), call 1-866-662-0666 or email email@example.com.