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

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

advertisement

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

analyst

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 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

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

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 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 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

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

import means to import into Canada. (importer)

inspector

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

manufacture

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

Minister

Minister means the Minister of Health. (ministre)

person

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

personal information

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

prescribed

prescribed means prescribed by regulation. (Version anglaise seulement)

review officer

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

sell

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

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

Purpose

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.

Application

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 does not apply to a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act, except in respect of

  • (a) the ignition propensity of that product; and

  • (b) the devices and parts referred to in that definition.

• Marginal note:For greater certainty — devices and parts made of tobacco

  (2.1) For greater certainty, the devices and parts referred to in paragraph (2)(b) do not include those made in whole or in part of tobacco.

• 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.

• (4) [Repealed, 2018, c. 9, s. 75]

Prohibitions

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.

Marginal note:Misleading claims — advertise or sell

10 No person shall advertise or sell a consumer product that they know is advertised, packaged or labelled in a manner referred to in section 9.

Marginal note:False or misleading information

11 No person shall knowingly provide the Minister with false or misleading information in relation to a matter under this Act or the regulations.

Tests, Studies and Compilation of Information

Marginal note:Tests, studies and information

12 The Minister may, by written notice, order any person who manufactures or imports a consumer product for commercial purposes to

• (a) conduct tests or studies on the product in order to obtain the information that the Minister considers necessary to verify compliance or prevent non-compliance with this Act or the regulations;

• (b) compile any information that the Minister considers necessary to verify compliance or prevent non-compliance with this Act or the regulations; and

• (c) provide him or her with the documents that contain that information and the results of the tests or studies in the time and manner that the Minister specifies.

Preparing and Maintaining Documents

Marginal note:Requirement

• 13 (1) Any person who manufactures, imports, advertises, sells or tests a consumer product for commercial purposes shall prepare and maintain

  • (a) documents that indicate

    • (i) in the case of a retailer, the name and address of the person from whom they obtained the product and the location where and the period during which they sold the product, and

    • (ii) in the case of any other person, the name and address of the person from whom they obtained the product or to whom they sold it, or both, as applicable; and

  • (b) the prescribed documents.

• Marginal note:Period for keeping documents

  (2) The person shall keep the documents until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed.

• Marginal note:Keeping and providing documents in Canada

  (3) The person shall keep the documents at their place of business in Canada or at any prescribed place and shall, on written request, provide the Minister with them.

• Marginal note:Exemption — outside Canada

  (4) The Minister may, subject to any terms and conditions that he or she may specify, exempt a person from the requirement to keep documents in Canada if the Minister considers it unnecessary or impractical for the person to keep them in Canada.

• Marginal note:Importation

  (5) A person who imports a consumer product for commercial purposes shall, no later than at the time of the product’s importation, provide the Minister with those documents referred to in paragraph (1)(b) that are specified in the regulations.

Duties in the Event of an Incident

Definition of incident

• 14 (1) In this section, incident means, with respect to a consumer product,

  • (a) an occurrence in Canada or elsewhere that resulted or may reasonably have been expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury;

  • (b) a defect or characteristic that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury;

  • (c) incorrect or insufficient information on a label or in instructions — or the lack of a label or instructions — that may reasonably be expected to result in an individual’s death or in serious adverse effects on their health, including a serious injury; or

  • (d) a recall or measure that is initiated for human health or safety reasons by

    • (i) a foreign entity,

    • (ii) a provincial government,

    • (iii) a public body that is established under an Act of the legislature of a province,

    • (iv) an aboriginal government as defined in subsection 13(3) of the Access to Information Act, or

    • (v) an institution of an entity referred to in subparagraphs (ii) to (iv).

• Marginal note:Requirement to provide information

  (2) A person who manufactures, imports or sells a consumer product for commercial purposes shall provide the Minister and, if applicable, the person from whom they received the consumer product with all the information in their control regarding any incident related to the product within two days after the day on which they become aware of the incident.

• Marginal note:Report

  (3) The manufacturer of the consumer product, or if the manufacturer carries on business outside Canada, the importer, shall provide the Minister with a written report — containing information about the incident, the product involved in the incident, any products that they manufacture or import, as the case may be, that to their knowledge could be involved in a similar incident and any measures they propose be taken with respect to those products — within 10 days after the day on which they become aware of the incident or within the period that the Minister specifies by written notice.

Disclosure of Information by the Minister

Marginal note:Personal information

• 15 (1) The Minister may disclose personal information to a person or a government that carries out functions relating to the protection of human health or safety without the consent of the individual to whom the personal information relates if the disclosure is necessary to identify or address a serious danger to human health or safety.

• Marginal note:Privacy Act not affected

  (2) For greater certainty, nothing in this section affects the provisions of the Privacy Act.