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On 25 August 2010, Health Canada announced another consultation for regulations under the proposed Canada Consumer Product Safety Act (“CCPSA”).
The intent of the proposed Administrative Monetary Penalties Regulations would be to provide detail on how a penalty for a violation under the CCPSA would be calculated, including “gravity factors”, weighting and penalty values. The regulations would contain information classifying violations as minor, serious or very serious, would identify how gravity factors of history and risk would be used to calculate the penalty and would provide for a range of penalties associated with the “total gravity values”.
This new consultation is the fourth such consultation that Health Canada has launched this summer. Even though Health Canada is releasing consultation documents (as opposed to actual draft regulations) this activity shows a clear intent by Health Canada actively to move forward, or to be seen to be moving forward, with draft regulations for the proposed CCPSA. This, in turn, may be a sign that Health Canada will push swift passage of the CCPSA once Parliament returns from the summer recess in September.
The consultation on the proposed Administrative Monetary Penalties Regulations is open for comment until November 7, 2010.