A new CCPSA came into force on June 20, 2011 and applies to a wide variety of consumer products including household products, sporting goods, and children’s toys. However, the law excludes products such as cosmetics, food, drugs (including natural health products), and animals. These products are regulated by other Canadian laws.
The Act was intended to modernize and strengthen product safety laws, as well as to provide an improved regulatory regime which aims to continue keeping the Canadian public safe from dangerous consumer products.
Consumer products included are all products, including components, parts or accessories that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational, and sports purposes, and includes its packaging. The new law involves:
Mandatory Recall – Allows Health Canada to recall dangerous consumer products.
Maintaining Records/Paperwork – Allows for unsafe products to be traced back to their source.
Reporting of Incidents – Requires industry to provide information to Health Canada and supplier (if applicable) concerning consumer product safety incidents or product defect that result, or have the potential to result in, harmful health effects or even death.
Packaging and Labeling – Prohibitions related to the packaging, labeling, or advertisement of a consumer product in a manner that is false, misleading or deceptive in respect of its safety.
Information on Product Safety – Can require manufacturers or importers to provide or obtain safety information that indicate whether a consumer product meets the requirements of the CCPSA.
General Prohibition – Prohibitions related to the manufacture, importation, sale, or advertisement of consumer products that could pose an unreasonable danger to the health or safety of Canadians.
Fines and Penalties – Raises fines and penalties for non-compliance. There are significant fines and imprisonment provisions under this new legislation.
Under CCPSA, the federal government’s ability to take action is enhanced when consumer products pose, or are likely to pose, an unreasonable danger to human health or safety. A significant development is the granting of power to the Government to order recalls on products that are found to be unsafe. If you require further information, please contact us.