Canada Consumer Product Safety Act
- Citation
- S.C. 2010, c. 21
- Jurisdiction
- CA
- Made by
- Health Canada
- Instrument
- Act
- Status
- In force
What it requires (5 obligations)
No person may manufacture, import, advertise or sell a consumer product that does not meet the requirements set out in the regulations made under the Act.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Manufacturers, importers and sellers
- Products
- Consumer products, textiles, apparel, childrenswear
- Markets
- CA
This is the section that makes the Textile Flammability Regulations and the Children's Sleepwear Regulations enforceable rather than advisory; both are made under this Act and both are already in this register. The Act is horizontal and reaches consumer products generally; it is recorded here for the textile articles that fall within it.
Drafted from section 6.
No manufacturer or importer may manufacture, import, advertise or sell a consumer product that is a danger to human health or safety, that is the subject of a recall order or a voluntary recall in Canada made because the product is such a danger, or that is the subject of a required measure they have not carried out.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Manufacturers and importers
- Products
- Consumer products, textiles, apparel, childrenswear
- Markets
- CA
Section 8 places a parallel prohibition on any person who advertises or sells such a product and who knows of the danger, recall or outstanding measure, so the knowledge qualifier separates the two sections rather than the conduct. Section 5 separately prohibits any product listed in Schedule 2 outright. The Act is horizontal and reaches consumer products generally; it is recorded here for the textile articles that fall within it.
Drafted from section 7.
No person may package or label a consumer product in a manner, including one that is false, misleading or deceptive, that may reasonably be expected to create an erroneous impression that the product is not a danger to human health or safety, or in a manner that is false, misleading or deceptive about its safety certification or its compliance with a safety standard or the regulations.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Manufacturers, importers and sellers
- Products
- Consumer products, textiles, apparel
- Markets
- CA
The second limb reaches a claim about certification or about compliance with a standard, which is the limb a textile label is most likely to touch. Section 10 carries the same prohibition for advertising and selling. The Act is horizontal and reaches consumer products generally; it is recorded here for the textile articles that fall within it.
Drafted from section 9.
A person who manufactures, imports, advertises, sells or tests a consumer product for commercial purposes must prepare and maintain documents identifying, for a retailer, the person from whom the product was obtained and where and when it was sold, and for anyone else, the person from whom it was obtained or to whom it was sold. The documents must be kept until six years after the end of the year to which they relate, at the person's place in Canada, and provided to the Minister on written request.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Manufacturers, importers and sellers
- Products
- Consumer products, textiles, apparel
- Markets
- CA
Subsection (4) lets the Minister exempt a person from keeping the documents in Canada where that is unnecessary or impractical, on terms the Minister specifies. Subsection (5) requires an importer to provide prescribed documents no later than the time of importation. The Act is horizontal and reaches consumer products generally; it is recorded here for the textile articles that fall within it.
Drafted from section 13, subsections (1) to (3).
A person who manufactures, imports or sells a consumer product for commercial purposes must give the Minister, and the person from whom they received the product, all the information in their control about an incident related to it within two days of becoming aware of the incident. The manufacturer, or the importer where the manufacturer carries on business outside Canada, must then give the Minister a written report within ten days, covering the incident, the product, any other product of theirs that could be involved in a similar incident, and the measures they propose.
No date set Confirmed In force, dates fixed in published law
- Who it falls on
- Manufacturers, importers and sellers
- Products
- Consumer products, textiles, apparel, childrenswear
- Markets
- CA
Incident is defined at subsection (1) and is wider than an injury: it covers an occurrence in Canada or elsewhere that resulted or might reasonably have been expected to result in death or serious adverse health effects, a defect or characteristic that might reasonably be expected to do so, and incorrect, insufficient or absent labelling or instructions that might reasonably be expected to do so. A label defect is an incident under this Act. The ten-day period may be replaced by a period the Minister specifies in writing. The Act is horizontal and reaches consumer products generally; it is recorded here for the textile articles that fall within it.
Drafted from section 14, subsections (1) to (3).
This is a register, not advice. It records what an instrument says and when it applies. Whether it applies to a particular company, product or shipment is a question for somebody who knows that business, and the answer is frequently not what the summary above would suggest.
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