The Government of Canada has been busy making changes to a
number of regulations relating to consumer products.
Government of Canada updates HPA regulations to align
The Government of Canada recently published a series of new regulations
under the Canada Consumer Product Safety Act (CCPSA) to
align regulations made under the old Hazardous Products Act
(HPA) with the new legislative regime. The CCPSA
replaced the HPA in 2011.
The new regulations are not intended to make substantive changes
to the existing HPA regulations. Instead, the changes are
intended to update the regulations to accord with current drafting
practices, correct inconsistencies between the English and French
versions of the regulations, incorporate references to the most
recent reaffirmed standards where static standards are incorporated
by reference into the regulations, and remove references to the
HPA and align the scope of the regulations with the
CCPSA. This includes prohibitions on manufacturing
non-compliant products, in addition to existing prohibitions on
importation, sale, and advertisement, as provided in the
These administrative changes are not likely to change
industry's product safety obligations or existing compliance
and enforcement mechanisms. However, manufacturers should take this
opportunity to confirm that their products meet applicable legal
requirements. The changes came into force on June 22, 2016.
Government of Canada brings Cigarette Ignition Propensity
Regulations under the CCPSA
Similarly, the Government of Canada recently indicated it will replace the
Cigarette Ignition Propensity Regulations made under the
Tobacco Act with the Cigarette Ignition Propensity
(Consumer Products) Regulations (the Ignition Regulations) under
the CCPSA. The Ignition Regulations adopt the ISO 12863 standard,
Standard test method for assessing the ignition propensity of
cigarettes, which does not differ significantly from the ASTM
International Method E2187-04 standard incorporated in the old
The new regulations will come into force on November 16, 2016.
This delay ensures that stakeholders may become accredited in the
new test method required under the Regulations and confirm that
their products satisfy the standard.
The authors would like to thank summer student Kassandra
Shortt for her assistance in preparing this legal update.
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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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