Proposed New Canadian Product Safety Law Aims To Raise Safety Standards

Author:Ms Eileen McMahon and Jonathan Tryansky
Profession:Torys LLP
 
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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...

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