Canada Consumer Product Safety Act (CCPSA)

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Canada Consumer Product Safety Act(CCPSA)
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Overview

• Key Partners
• From existing Hazardous Products Act to the
  Canada Consumer Product Safety Act.
• Key New Industry Obligations
• Section 14 Duties in the Event of an Incident
  (MR)
• Preparing and Maintaining Documents
• Recalls and other measures
• Confidential Business Information Personal
  Information
• Administrative Monetary Penalties (AMPs)
• Implementation, Outreach Engagement

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Canada Consumer Product Safety Act (CCPSA)

• Came into force on June 20, 2011
• Purpose (s.3) to protect the public by
  addressing or preventing dangers to human health
  or safety that are posed by consumer products in
  Canada
• Consumer Product (s.2) a product, including
  its components, parts or accessories, that may
  reasonably be expected to be obtained by an
  individual to be used for non-commercial
  purposes, and includes its packaging.
• Danger to Human Health or Safety (s.2) any
  unreasonable hazard existing or potential
  that is posed by a consumer product during or as
  a result of its normal or foreseeable use and
  that may reasonably be expected to cause death
  or adverse health effect.

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Key Partners in Consumer Product Safety

• Government New authorities and tools to
  promote and enforce compliance and take
  action where necessary.
• Industry New responsibilities and
  obligations.
• Consumers Better informed.
• Overall Results
• Safer consumer products.
• Greater consumer confidence in products on the
  market.
• Better protection of consumer health and safety.
• More level playing field for responsible Canadian
  businesses and greater clarity of industrys
  obligations.
• More consistency and compatibility with
  international trading partners and competitors.

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Hazardous Products Act (HPA)

• The HPA was introduced in an earlier era. It
  prohibits and restricts the advertising, sale and
  importation of hazardous products.
• The HPA is reactive and focuses only on consumer
  products that have been regulated or prohibited.
• Authority to require corrective action is
  limited.
• Needed to renew our legislation close gaps with
  other jurisdictions, address unregulated
  products, early detection of issues, require
  corrective action.

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CCPSA New Authorities and Requirements

• Ability to order recall and other corrective
  measures.
• Record-keeping to allow traceability in the event
  of a recall.
• Mandatory reporting by industry of incidents
  related to their products (including near
  misses).
• Ability to require tests and studies to verify
  compliance or prevent non-compliance.
• Sharing/disclosure of information.
• Increased fines and penalties including an
  administrative monetary penalties scheme (AMPs).
• New General Prohibition.

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Transfer of Regulations
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Consumer Product Safety Net

• The new authorities in the CCPSA will contribute
  to an improved and more comprehensive safety net
  through early warnings, surveillance, risk
  assessment and risk management.
• These authorities should be seen as a more
  comprehensive approach in the context of a
  post-market regime.
• Does not apply to certain products that are
  addressed by other legislation, such as
  explosives, cosmetics, drugs, food, medical
  devices, ammunition, and natural health products.

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Key Industry Responsibilities

• Mandatory reporting of health or safety related
  incidents with consumer products.
• Mandatory record keeping for traceability of
  products throughout the supply chain.
• Health Canada may request tests, studies and
  other information necessary to verify compliance
  or prevent non-compliance.
• New general prohibition.
• Compliance with regulations, prohibitions.

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Mandatory Reporting

• Mandatory Reporting is the requirement for
  Industry to report any incident related to a
  consumer product they supply as outlined in
  Section 14 of the CCPSA Duties in the Event of
  an Incident.
• Intent of Section 14
• Provide better intelligence on the use of
  consumer products and the potential risks with
  respect to human health and safety, enabling
  early and proactive response to emerging hazards
  / trends and
• respond where appropriate to consumer product
  health and safety incidents.
• The requirements for mandatory reporting are
  framed by 3 primary questions
• 1. What is a reportable incident?
• 2. When do I need to report the incident?
• 3. How do I report the incident?

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What is a Reportable Incident?

• Upon learning of an event that may involve a
  companys product, it is expected that the
  company undertakes an evaluation to determine if
  it meets the requirement to be reported to Health
  Canada and if the product involved is a consumer
  product as defined in the legislation.
• This determination is undertaken prior to
  timelines commencing for the mandatory incident
  reports.
• The following questions can assist in the
  determination of a reportable incident
• Does the event relate to a consumer product that
  I sell, manufacture or import in Canada for
  commercial purposes (including its components,
  parts or accessories or packaging)?
• Does it meet the criteria of an incident in
  either one of paragraphs 14(1) (a) through (d)?
• Does it indicate an unreasonable hazard posed by
  the normal or foreseeable use of the product or
  the foreseeable misuse of the product?

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Determining Related Is my product connected
or involved?

• When evaluating an event, the CCPSA requires a
  person to determine if the product involved
  (including its components, parts or accessories
  and its packaging) is related to a consumer
  product that they manufacture, import or sell in
  Canada for commercial purposes.
• The event need not involve a consumer product
  that is exactly identical to the product the
  person manufactures, imports or sells in Canada.
  This may be the case, for instance, if the
  consumer product the person supplies shares a
  component, accessory or part with the product
  involved in the incident.
• An additional consideration for the aspect of
  "relate" requires a person to determine if the
  consumer product is connected with the event.

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Meeting CCPSA Section 14 (1)(a-d) Criteria

• 14 (1)(a) An occurrence in Canada or elsewhere
  that resulted or may reasonably have been
  expected to result in an individuals death or in
  serious adverse effects on their health,
  including a serious injury
• 14 (1)(b) A defect or characteristic that may
  reasonably be expected to result in an
  individuals death or in serious adverse effects
  on their health, including a serious injury
• 14 (1)(c) Incorrect or insufficient information
  on a label or package - or the lack of a label or
  instructions that may reasonably be expected to
  result in an individuals death or in serious
  adverse effects on their health, including a
  serious injury or
• 14 (1)(d) Recall or other measure that was
  initiated for human health or safety reasons by
  another jurisdiction (including foreign entity)
  (refer to subparagraphs 14(1)(d)(i) to (v)).

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Normal / Foreseeable Use or Misuse

• For an event to be an incident, particularly for
  paragraphs 14 (a) to (c), it should be determined
  that the event indicates an unreasonable hazard
  posed by the normal or foreseeable use or misuse
  of the product.
• Experience and judgment need to guide whether the
  consumer product was being used as it was
  originally intended to be used but must also
  extend to foreseeable but unintended use of the
  product.
• Foreseeable use would include not only the use of
  a consumer product for its primary, ordinary or
  intended purpose, but also the misuse of a
  product that is reasonably foreseeable. What
  constitutes normal or foreseeable use of a
  consumer product will depend on the particular
  product involved, and with the circumstances
  surrounding the event.

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When Who to Report to
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How to Report
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Document Retention Requirements
RETAILER ALL OTHER PERSONS (Manufacture, import, advertise, sell or test products for commercial purposes)
Shall prepare and maintain documents that indicate the name and address of the person from whom they obtained the product and the location where and the period during which they sold the product. Shall prepare and maintain the prescribed documents. Shall prepare and maintain documents that indicate the name and address of the person from whom they obtained the product or to whom they sold it, or both, as applicable. Shall prepare and maintain the prescribed documents.
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Document Retention Requirements

• Period for Document Retention
• Persons are required to keep documents until the
  expiry of six years after the end of the year to
  which they relate, unless regulations specify
  another time period.
• Keeping Documents in Canada
• Documents must be kept at your place of business
  in Canada or at any place prescribed by
  regulation the expectation is to facilitate
  access.
• The Minister may grant an exemption if he or she
  considers that keeping the documents in Canada is
  unnecessary or impractical.
• Providing Documents
• Inspectors may request access to documents that
  are required to be maintained under section 13
  and its regulations.
• Health Canada may also make a written request for
  documents under section 12. The request will set
  out the time period for providing the documents
  (to be determined based on the circumstances).

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Exemptions

• There may be cases of certain donated consumer
  products where requirements to prepare and
  maintain documents would do little to support
  product traceability.
• e.g. When a donation is from a person other than
  a manufacturer, importer, distributor, or
  retailer.
• Health Canada is considering a regulatory
  proposal to allow for an exemption from the
  documentation related requirements in subsection
  13(1) to apply to persons when they are the
  recipients of certain donations of consumer
  products.
• Preliminary consultations for the making of
  Exemption Regulations concluded in the fall of
  2010. The department will proceed through the
  established consultative process.

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Exemptions

• Proposed Exemption Regulations would also allow,
  under very specific conditions, the manufacture,
  importation, advertisement or sale of
  non-compliant consumer products solely for the
  purposes of
• export
• bringing the products into compliance
• or for testing, research or exhibition.

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Tests, Studies and other Information

• The Minister of Health may order manufacturers
  and importers to conduct tests or studies and
  compile other information necessary to verify
  compliance or prevent non-compliance with the
  CCPSA or its regulations.

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Confidential Business Information Personal
Information

• Personal Information
• Disclosure to a person or government carrying out
  functions relating to the protection of human
  health or safety without consent where it is
  necessary to identify or address a serious danger
  to human health or safety.
• Does not affect provisions of the Privacy Act.
• Confidential Business Information
• The CCPSA outlines two circumstances in which may
  disclose without consent
• Disclosure to a person or government that carries
  out functions relating to the protection of human
  health or safety or the environment if have
• agreement in writing to maintain confidentiality
  of the information and use it only for the
  protection of human health or safety or the
  environment
• Disclosure if essential to address a serious and
  imminent danger to human health or safety or the
  environment and essential to address the danger
  person to whom the information relates must be
  notified
• does not affect provisions of the Access to
  Information Act.

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Compliance and Enforcement

• Offences (s.41-48)
• Increased fines and penalties, including higher
  penalties where it can be proved that the
  contravention was done knowingly or recklessly.
• Administrative Monetary Penalties (AMPS)
  (s.49-66)
• Contravention of an order made under s. 31 or 32
  may lead to issuance of a Notice of Violation
  (NoV)
• An NoV would state the monetary penalty to be
  paid by the company amount of penalty depends on
  the risk associated with the product (low,
  medium, high) and the companys history of
  violations (0, 1, gt1).
• Majority of the authorities and requirements are
  in the CCPSA, but some requirements need to be
  implemented through regulations.
• Regulations for Administrative Monetary Penalties
  (Canada Gazette process) (early consultation
  completed November 26, 2010).

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National Outreach Campaign

• Health Canadas Consumer Product Safety
  Directorate has initiated a national outreach
  campaign to promote the new legislation which
  includes activities such as public notice ads,
  information sessions, printed materials, videos
  and webcasts.
• These initiatives will support industry and
  consumer awareness of requirements under the
  Canada Consumer Product Safety Act which came
  into force on June 20, 2011.
• After June 20, 2011, there will be continued
  outreach as we continue to maintain and further
  develop relationships with industry and other
  stakeholders throughout Canada.
• In addition to information sessions there will be
  webinars presented in the coming weeks.

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Industry Engagement
Health Canada has been providing industry
information sessions on the implementation of the
CCPSA across Canada. HC will also be posting
recordings in both official languages of the
information session and provide interactive
webinars.
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Partnerships with Stakeholders

• Build partnerships with key stakeholders to
  diffuse information to help industry understand
  and comply with the new legislation.
• Pursue outreach initiatives on multiple levels
• Information and training sessions across Canada
• Guidance documents, Fact Sheets and Reference
  Guides
• Webcasts of Information Sessions posted on HC web
  site to inform those who cannot attend in person
  
• Videos posted on HC web site, YouTube and on
  various stakeholders sites
• Consumer Product Safety web site links posted on
  various stakeholders sites
• Material for stakeholders web sites and their
  e-newsletters
• International initiatives for exporters to
  Canada.

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