An update on Health Canada's consumer product safety
transparency initiative and a note on the prohibition on toys and
children's products that contain TCEP in polyurethane foam.
1. Update on Health Canada's Consumer Product Safety
As reported in our last newsletter, Health Canada announced in
December 2014 that it will now be publishing (1) periodic Consumer
Product Enforcement Summary Reports on its product inspections and
(2) Quarterly Consumer Product Safety Incident Summary Reports
providing statistical information about the incident reports
Based on feedback received by Health Canada since this
announcement, some changes have been made. Significantly, it has
been confirmed that, going forward, the sources of consumer
products identified in the Summary Reports will be notified one
week prior to the posting of the Report on the Health Canada
Consumer Product Enforcement
Summary Report - in March, Health Canada released an
Enforcement Summary Report on children's jewellery. This report
followed a sampling and testing process carried out by Health
Canada inspectors of children's jewellery items at various
retailers and sellers over the course of the 2014-15 fiscal year.
Lead and cadmium testing of 20 products was carried out, resulting
in one voluntary stop sale.
Quarterly Consumer Product
Safety Incident Summary Report - Health Canada reports
that in the last three months of 2014, 363 incident reports were
received and 148 of those (41%) involved an injury. As in previous
Summary Reports, housewares represent the largest percentage of
reports by category (24%), followed by appliances (23%) and
children's products (11%).
2. Take Note of Prohibition on Toys and Children's Products
that Contain TCEP in Polyurethane Foam
In March 2015, Health Canada released a notice advising of a
recent prohibition for certain polyurethane foam (PUF) products
containing tris (2-chloroethyl) phosphate (TCEP). This prohibition
specifically relates to products intended for use by children under
three years of age.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The recent decision of the Ontario Court of Appeal in BMW Financial Services Canada, a Division of BMW Canada Inc. v. McLean provides some useful insight into the relationship between automobile dealers and the financing arms of the manufacturers for whom those dealers are franchisees.
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