After much anticipation, the Canada Consumer Product Safety Act (“CCPSA”) has finally been passed by the Canadian Parliament and could become effective within the next few months. Upon Royal Assent and Proclamation, which have been accelerated, the legislation will come into force, although an exact time frame has not yet been disclosed.
- The new legislation will replace the Hazardous Products Act and includes numerous new provisions, such as:
- Ability for the government to order a recall rather than just request one;
- Requirement that industry report serious incidents or deaths related to consumer products and provide timely information about important product safety issues;
- Requirement that manufacturers or importers provide test results on products when requested;
- Increased civil penalties for non-compliance; and
- Extensive recordkeeping requirements.
Although the legislation was intended to be fairly consistent with U.S. law, companies will inevitably face different approaches as the legislation gets implemented. Consumer product companies doing business in Canada should consider how they may need to revise existing safety review procedures to ensure compliance with Canadian law.