Marginal note:Purpose

3. 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.

Marginal note:Consumer products

• 4. (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.

Marginal note:Consumer products in Schedule 2

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

Marginal note:Products that do not meet regulatory requirements

6. 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

7. 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.

Marginal note:Advertising and selling

8. No person shall advertise or sell a consumer product that they know

• (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 has not been carried out but is required to be carried out under an order made under section 32 or such an order that is reviewed under section 35.

Marginal note:Misleading claims — package or label

9. No person shall package or label a consumer product

• (a) in a manner — including one that is false, misleading or deceptive — that may reasonably be expected to create an erroneous impression regarding the fact that it is not a danger to human health or safety; or

• (b) in a manner that is false, misleading or deceptive regarding its certification related to its safety or its compliance with a safety standard or the regulations.