1. Introduction of the new Canada Consumer Product Safety Act
Technical Briefing January 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