Canada Consumer Product Safety Act (S.C. 2010, c. 21)

Act current to 2016-06-21 and last amended on 2014-10-23. Previous Versions

Canada Consumer Product Safety Act

S.C. 2010, c. 21

Assented to 2010-12-15

An Act respecting the safety of consumer products

Preamble

Whereas the Parliament of Canada recognizes the objective of protecting the public by addressing dangers to human health or safety that are posed by consumer products;

Whereas the Parliament of Canada recognizes that the growing number of consumer products that flow across the borders of an increasingly global marketplace make the realization of that objective a challenge;

Whereas the Parliament of Canada recognizes that along with the Government of Canada, individuals and suppliers of consumer products have an important role to play in addressing dangers to human health or safety that are posed by consumer products;

Whereas the Parliament of Canada wishes to foster cooperation within the Government of Canada, between the governments in this country and with foreign governments and international organizations, in particular by sharing information, in order to effectively address those dangers;

Whereas the Parliament of Canada recognizes that, given the impact activities with respect to consumer products may have on the environment, there is a need to create a regulatory system regarding consumer products that is complementary to the regulatory system regarding the environment;

Whereas the Parliament of Canada recognizes that a lack of full scientific certainty is not to be used as a reason for postponing measures that prevent adverse effects on human health if those effects could be serious or irreversible;

And whereas the Parliament of Canada recognizes that the application of effective measures to encourage compliance with the federal regulatory system for consumer products is key to addressing the dangers to human health or safety posed by those products;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Canada Consumer Product Safety Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

advertisement

publicité

advertisement includes a representation by any means for the purpose of promoting directly or indirectly the sale of a consumer product. (publicité)

analyst

analyste

analyst means an individual designated as an analyst under section 29 or under section 28 of the Food and Drugs Act. (analyste)

article to which this Act or the regulations apply

article visé par la présente loi ou les règlements

article to which this Act or the regulations apply means

  • (a) a consumer product;

  • (b) anything used in the manufacturing, importation, packaging, storing, advertising, selling, labelling, testing or transportation of a consumer product; or

  • (c) a document that is related to any of those activities or a consumer product. (article visé par la présente loi ou les règlements)

confidential business information

renseignements commerciaux confidentiels

confidential business information — in respect of a person to whose business or affairs the information relates — means business information

  • (a) that is not publicly available;

  • (b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and

  • (c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors. (renseignements commerciaux confidentiels)

consumer product

produit de consommation

consumer product means a product, including its 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. (produit de consommation)

danger to human health or safety

danger pour la santé ou la sécurité humaines

danger to human health or safety means any unreasonable hazard — existing or potential — that is posed by a consumer product during or as a result of its normal or foreseeable use and that may reasonably be expected to cause the death of an individual exposed to it or have an adverse effect on that individual’s health — including an injury — whether or not the death or adverse effect occurs immediately after the exposure to the hazard, and includes any exposure to a consumer product that may reasonably be expected to have a chronic adverse effect on human health. (danger pour la santé ou la sécurité humaines)

document

document

document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked. (document)

government

administration

government means any of the following or their institutions:

  • (a) the federal government;

  • (b) a corporation named in Schedule III to the Financial Administration Act;

  • (c) a provincial government or a public body established under an Act of the legislature of a province;

  • (d) an aboriginal government as defined in subsection 13(3) of the Access to Information Act;

  • (e) a government of a foreign state or of a subdivision of a foreign state; or

  • (f) an international organization of states. (administration)

import

importer

import means to import into Canada. (importer)

inspector

inspecteur

inspector means an individual designated as an inspector under subsection 19(2). (inspecteur)

manufacture

fabrication

manufacture includes produce, formulate, repackage and prepare, as well as recondition for sale. (fabrication)

Minister

ministre

Minister means the Minister of Health. (ministre)

person

personne

person means an individual or an organization as defined in section 2 of the Criminal Code. (personne)

personal information

renseignements personnels

personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)

prescribed

Version anglaise seulement

prescribed means prescribed by regulation. (Version anglaise seulement)

review officer

réviseur

review officer means an individual designated as a review officer under section 34. (réviseur)

sell

vente

sell includes offer for sale, expose for sale or have in possession for sale — or distribute to one or more persons, whether or not the distribution is made for consideration — and includes lease, offer for lease, expose for lease or have in possession for lease. (vente)

storing

entreposage

storing does not include the storing of a consumer product by an individual for their personal use. (entreposage)

Purpose

Marginal note:Purpose

 The purpose of this Act is to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those that circulate within Canada and those that are imported.

Application

Marginal note:Consumer products
  •  (1) This Act applies to consumer products with the exception of those listed in Schedule 1.

  • Marginal note:Tobacco products

    (2) This Act applies to tobacco products as defined in section 2 of the Tobacco Act but only in respect of their ignition propensity.

  • Marginal note:Natural health products

    (3) For greater certainty, this Act does not apply to natural health products as defined in subsection 1(1) of the Natural Health Products Regulations made under the Food and Drugs Act.

Prohibitions

Marginal note:Consumer products in Schedule 2

 No person shall manufacture, import, advertise or sell a consumer product listed in Schedule 2.

Marginal note:Products that do not meet regulatory requirements

 No person shall manufacture, import, advertise or sell a consumer product that does not meet the requirements set out in the regulations.

Marginal note:Manufacturer and importer

 No manufacturer or importer shall manufacture, import, advertise or sell a consumer product that

  • (a) is a danger to human health or safety;

  • (b) is the subject of a recall order made under section 31 or such an order that is reviewed under section 35 or is the subject of a voluntary recall in Canada because the product is a danger to human health or safety; or

  • (c) is the subject of a measure that the manufacturer or importer has not carried out but is required to carry out under an order made under section 32 or such an order that is reviewed under section 35.

 
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