Bill C-6, the Canada Consumer Product Safety Act (CCPSA), aims to strengthen Canadian consumer product safety law by establishing a broad prohibition against manufacturing, importing, advertising or selling consumer products that pose an unreasonable danger to human health or safety.1 The bill, which was first discussed in Torys' May 2008 Food and Drug Regulatory Bulletin, was recently considered by the Senate Standing Committee on Social Affairs, Science and Technology.
Key features of the CCPSA:
- It empowers the Minister of Health to order manufacturers and
importers to conduct product testing and to share test results and
other information with the Minister;
- It requires industry to prepare and maintain documents to
facilitate product tracing;
- It creates mandatory reporting obligations for manufacturers,
importers and sellers who know about a serious incident or death
resulting from a consumer product;
- It empowers the Minister to disclose confidential business
information to certain government authorities, without consent or
notice, if there is a serious or imminent danger to human health or
safety;
- It provides inspectors with broad powers, including the
authority to enter premises, to seize and detain products and to
order a product recall if there are reasonable grounds to believe
that the product poses a danger to human health or safety;
and
- It provides significant fines and penalties for violating the
CCPSA.
The Committee made several amendments to the bill after considering the constitutionality of its search and seizure provisions. As a result of the amendments, the bill must be returned to the House of Commons for a vote, which could delay its passage.
For further information, please see
http://www.hc-sc.gc.ca/cps-spc/legislation/acts-lois/bill_c6-loi-eng.php.
Footnotes
1.The CCPSA does not apply to natural health products, food, drugs, cosmetics or medical devices.
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.