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Introduction of the new Canada Consumer Product Safety Act

Introduction of the new Canada Consumer Product Safety Act. Technical Briefing January 29, 2009. The Context.

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Introduction of the new Canada Consumer Product Safety Act

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  1. Introduction of the newCanada Consumer Product Safety Act Technical BriefingJanuary 29, 2009

  2. The Context • Canada’s food and consumer product safety regime has served Canadians well, however, recent incidents relating to food, health and consumer products, underscore the need to modernize legislation • Canada’s consumer product safety system was developed in an earlier era: • Hazardous Products Act was introduced in 1969 • New challenges: more complex products; more rapid innovation to market; new source countries; increased consumer demand for information • International counterparts (US, EU) have updated their health and safety regimes • Modern legislation is required to successfully implement Canada’s Food and Consumer Safety Action Plan 2

  3. Current Status • On December 17, 2007, the Prime Minister announced the Food and Consumer Safety Action Plan following a commitment from the 2007 Speech From the Throne • The Action Plan is a comprehensive approach that builds on the strengths of the current protection system and addresses key gaps in consumer product safety by: • raising the bar by updating product safety laws • strengthening program capacity through new investment of $113 million over 2 years • In the November 2008 Speech from the Throne, the government re-iterated its commitment to “follow through with legislation providing better oversight of food, drug and consumer products” 3

  4. Three key pillars for action • enhanced guidance to industry on regulatory requirements • more effective deterrents, including steeper fines & penalties Active prevention • encourage development of safety standards & dissemination of best practices • more accessible consumer safety information • improved surveillance and mandatory reporting of adverse events and incidents Targeted oversight • risk communication & recall powers Rapid response 4

  5. Former Bill C-52 • Introduced on April 8, 2008 • Went through first and second reading • General support from all sectors • Minimal concerns/comments in the House debates • Referred to the Standing Committee on Health for study on May 1, 2008 • Died on the order paper when the election was called 5

  6. Challenges with current legislation for consumer products • The Hazardous Products Act (HPA) is reactive and focuses on consumer products that have been regulated or prohibited • Authority to take action is limited to seizure • The HPA relies heavily on voluntary actions by industry when a problem arises • The HPA does not apply to manufacturers 6

  7. Proposed Canada Consumer Product Safety Act (CCPSA) • Replaces Part I of the Hazardous Products Act • Places additional safety obligations on industry while giving the Government of Canada modernized tools to take action quickly • Focuses on continued cooperation and collaboration with stakeholders in promoting safe consumer products and achieving compliance with legislation • Covers the majority of consumer products • Notable exceptions include: food, drugs, natural health products, cosmetics 7

  8. Proposed CCPSA (Continued) • New “General Prohibition” provision • Applies to almost all consumer products • Prohibits supply of consumer products that poses an unreasonable danger to human health or safety • Reduces dependence on regulatory processes • Allows for prompt and effective action where a danger to human health or safety exists • Compliance and Enforcement • Power to compel consumer product recalls or other corrective measures, and carry out measures if industry does not cooperate • Increased fines and penalties, including administrative monetary penalties • Industry Obligations • Strengthened accountability of manufacturers and other suppliers to take necessary measures to ensure safety of consumer products: • Mandatory reporting of defects and adverse events • Mandatory record-keeping for traceability of products throughout supply chain • Authority to require tests and studies to verify compliance • Importation • Further clarifies role of importers to ensure their products do not pose a danger to human health or safety 8

  9. Anticipated Outcomes of Proposed Modernized Legislation • Government • Has new authorities and tools to promote and enforce compliance and take action where necessary • Industry • Clearer responsibilities and obligations • Consumers • Equipped with information and tools • OVERALL RESULTS: • Safer consumer products • Better protection of consumer health and safety • More level playing field for responsible Canadian businesses and greater clarity of industry obligations • Greater consumer confidence in products on the market • More consistency and compatibility with international trading partners and competitors 9

  10. Conclusion • The federal government is taking action to address three key areas: • Working to prevent problems in the first place • Targeting the highest risks • Rapid response when a problem occurs • With the proposed legislation, Canadians will have increased confidence that their consumer products are safe 10

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