July 20, 2020 – The Canada Consumer Product Safety Act (CCPSA) sets out obligations that Health Canada describes as general prohibitions (GPs) with respect to consumer products that pose a danger to human health or safety.
The general prohibitions (GPs) prohibit manufacturers and importers from manufacturing, importing, advertising or selling a consumer product that is a danger to human health or safety, and prohibit any person from advertising or selling a consumer product that they know is a danger to human health or safety, a phrase defined in section 2 of the CCPSA. The GPs are fundamental to the purpose of the CCPSA, which is to help protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those that circulate within Canada and those that are imported.
Manufacturers, importers, advertisers and sellers of consumer products in Canada are responsible for ensuring their products are safe and comply with the CCPSA
Regulated parties must comply with the CCPSA, including the GPs, at all times. Accordingly, regulated parties must always ensure that their consumer products do not pose a danger to human health or safety and must do so proactively, without waiting for communications from Health Canada.
This guidance document describes how Health Canada proposes to apply the GP in particular contexts and sets out Health Canada’s expectations for regulated parties.
Health Canada regularly monitors the marketplace for the purpose of verifying whether consumer products comply with the CCPSA and do not pose a danger to human health or safety. When evaluating if a consumer product poses a danger to human health or safety in the CCPSA context, Health Canada may consider among other things if the product meets nationally or internationally recognized performance criteria for the hazard of concern, such as:
- Voluntary safety standards for that class of consumer product or other products with the same hazard
- Canadian legislation for other products with the same or similar hazards
- Laws enacted in other countries for that class of consumer products or other products with the same or similar hazards
To seek further information on this enforcement approach please feel free to contact Health Canada at email@example.com or by telephone at 1-866-662-0666 (toll-free within Canada and the United States).