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Background
Bill C-36, also known as the CCPSA, is propod legislation that was introduced by
the Government of Canada on June 9, 2010. The propod CCPSA would replace Part I
and Schedule I to the HPA (dealing with consumer products) and introduce a new
legislative regime.
An objective of the new legislation is to modernize and strengthen product safety laws by overhauling existing rules to further protect the health and safety of Canadians. The propod CCPSA would enhance the federal government’s ability to take action when consumer products po, or are likely to po, an unreasonable danger to human health or safety. Additionally, the propod CCPSA would give the Government the power to order recalls on products that are found to be unsafe.
The HPA currently consists of three Parts. Part I of the HPA deals with consumer products.
奥沙利文简介Part I references Schedule I which consists of two Parts (i.e., Schedule I, Part I and Schedule I, Part
II). Part II of the HPA deals with the Controlled Products Regulations and Ingredient Disclosure List. They t out the supplier label and material safety data sheet requirements for the Workplace Hazardous Materials Information System in Canada. Part III of the HPA deals with administration and enforcement. It is important to note that Part II and Part III of the HPA would not be affected if the CCPSA came into force. Parts II and III would remain unaltered and in effect.
Certain Prohibitions and Regulations would be Transferred from the HPA to the CCPSA
Part I of Schedule I to the HPA itemizes prohibited products (completely prohibited or prohibited with conditions). For example:
万圣节快乐用英语怎么说toilets•Baby walkers are prohibited under all conditions and are not allowed to be imported, sold, or advertid in Canada.
•Toys are prohibited if certain conditions are not met. For example, if a toy contains excessive levels of lead or emits a sound over 100 decibels, it is prohibited under the HPA.
joycePart II of Schedule I to the HPA itemizes products for which there are restrictions. The products are referred to as regulated products, and each regulation has specific requirements.
The propod CCPSA contains a list of prohibited products (Schedule 2); however, the propod CCPSA does not have a list of regulated products.
If the CCPSA comes into force, the Items (consumer products) listed in Parts I and II of Schedule I to the HPA would be repealed. Under the propod CCPSA, most of the Items would be addresd as follows:
Prohibited Items (Part I of Schedule I to the HPA)
Thirty-one prohibited Items under Part I of Schedule I to the HPA would either be prohibited or regulated under the CCPSA, and the Items would be:
1.Listed on Schedule 2 of the CCPSA;
2.Incorporated into an existing Regulation via a regulatory amendment;
3.Incorporated into Regulations that would repeal and replace Regulations; or
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4.Prescribed in new Regulations if there were no existing Regulations.
Two prohibited Items under Part I of Schedule I to the HPA would not be transferred to the CCPSA (e explanation below).
Restricted (Regulated) Items (Part II of Schedule I to the HPA)
The 36 regulated Items under Part II of Schedule I to the HPA would still be regulated under the CCPSA (note that some Regulations address multiple restricted Items):vani
1.20 product-specific Regulations would be transferred without amendments pursuant
to paragraph 44(g) of the Interpretation Act.
2.Two product-specific Regulations would be amended to ensure the requirements and
prohibitions would continue to apply under the CCPSA.e
In addition, the Department would be making amendments to two Regulations to address recommendations made by the Standing Joint Committee for the Scrutiny of Regulations to ensure inconsistencies between the English and French text and other non-substantive issues in the Regulations are corrected.
For further details on the regulatory activities taking place, plea e Annex 2. For further details on how the Items from Parts I and II of Schedule I to the HPA would be regulated or prohibited under the propod CCPSA, plea e Annexes 3 and 4.
Prohibited Items from Part I of Schedule I to the HPA that would not be Transferred to the CCPSA
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For the reasons described below, it should be noted that the following two Items from Part I of Schedule I to the HPA would not be transferred to the CCPSA:
1)Item 36: Any mechanism that rembles or is intended to remble a “clock-bomb” Item 36 of Part I of Schedule I to the HPA would not be transferred to the CCPSA becau the product in itlf is not and will not likely be a danger to the health and safety of the public. Any danger that may ari from the mechanisms is due to their illegal u, and the u or misu of the products is a matter more cloly associated with regulating peace and order. The criminal u of imitation bombs or replica explosive devices is currently prohibited under the Criminal Code.
2)Item 41: Cigarettes that do not meet certain flammability standards
Item 41 of Part I of Schedule I to the HPA would not be transferred to the CCPSA becau this prohi
日语辞典bition is currently regulated under the Cigarette Ignition Propensity Regulations made under the Tobacco Act. However, subction 4(2) of the propod CCPSA would recognize that cigarette ignition propensity can be regulated under the Act.
Contact
For more information, plea contact Consumer Product Safety at a. References
•Bill C-36 – propod Canada Consumer Product Safety Act
(a/cps-spc/legislation/acts-lois/ccpsa-lcspc/index-eng.php) •Hazardous Products Act (a/en/H-3/index.html)
•Interpretation Act (a/en/I-21/index.html)
