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Consumer Product Safety – New Bill for a New Regulatory Regime in Canada

Published: 07/16/2010

By Luke Woolford

In 2009, the Government of Canada introduced Bill C-6, the first version of the Canada Consumer Product Safety Act. The Senate amended Bill C-6, but Parliament was progrogued without passing the Senate amendments and the bill died. A copy of our analysis of the government’s version of Bill C-6 published on October 16, 2009 is available by clicking here.

In June, 2010, the federal government introduced a second version of the Canada Consumer Product Safety Act, Bill C-36. 

Ministerial Power and Accountability

There is only one significant difference between Bill C-36 and its predecessor, Bill C-6, but it is an important one. Bill C-36 removes the power of inspectors appointed under the legislation to issue orders requiring manufacturers, importers or sellers of consumer products to recall product that the inspector has reasonable grounds to believe poses a danger to human health and safety. Under section Bill C-36 such power now resides solely with the Minister of Health. In addition to the power to order consumer product recalls, the Minister (and not an inspector) now has the authority to issue an order to stop the manufacture, importation or sale of a consumer product that the Minister has reasonable grounds to believe poses a danger to human health and safety. As a result, the Minister (and not an inspector) has the power to close a manufacturing, importation or distribution business operating in Canada.

This amendment takes certain extraordinary powers out of the hands of inspectors and places responsibility for decisions of this nature with the Minister, making the Minister directly accountable to those who may be affected. If such powers had been left in the hands of inspectors, there may have been significant opportunity for abuse by individual inspectors

Other Changes

Under section 21(4) of Bill C-36, inspectors continue to have the power to trespass on the private property of others when carrying out their duties, but they are now accountable for any loss or damage for having done so.  In the earlier version of (Bill C-6), inspectors were not liable for such damages.

Finally, a new definition has been added, "storing", for the purpose of excluding a person's personal use property from the results of any actions taken or orders issued under Bill C-36.