The Government of Canada has been busy making changes to a number of regulations relating to consumer products.
Government of Canada updates HPA regulations to align with CCPSA
The Government of Canada recently published a series of new regulations under the Canada Consumer Product Safety Act (CCPSA) to align regulations made under the old Hazardous Products Act (HPA) with the new legislative regime. The CCPSA replaced the HPA in 2011.
The new regulations are not intended to make substantive changes to the existing HPA regulations. Instead, the changes are intended to update the regulations to accord with current drafting practices, correct inconsistencies between the English and French versions of the regulations, incorporate references to the most recent reaffirmed standards where static standards are incorporated by reference into the regulations, and remove references to the HPA and align the scope of the regulations with the CCPSA. This includes prohibitions on manufacturing non-compliant products, in addition to existing prohibitions on importation, sale, and advertisement, as provided in the CCPSA.
These administrative changes are not likely to change industry’s product safety obligations or existing compliance and enforcement mechanisms. However, manufacturers should take this opportunity to confirm that their products meet applicable legal requirements. The changes came into force on June 22, 2016.
Affected regulations include the Children’s Sleepwear Regulations, the Ice Hockey Helmet Regulations, and the Playpens Regulations. A complete list of the regulations affected can be found here.
Government of Canada brings Cigarette Ignition Propensity Regulations under the CCPSA
Similarly, the Government of Canada recently indicated it will replace the Cigarette Ignition Propensity Regulations made under the Tobacco Act with the Cigarette Ignition Propensity (Consumer Products) Regulations (the Ignition Regulations) under the CCPSA. The Ignition Regulations adopt the ISO 12863 standard, Standard test method for assessing the ignition propensity of cigarettes, which does not differ significantly from the ASTM International Method E2187-04 standard incorporated in the old regulations.
The new regulations will come into force on November 16, 2016. This delay ensures that stakeholders may become accredited in the new test method required under the Regulations and confirm that their products satisfy the standard.
The authors would like to thank summer student Kassandra Shortt for her assistance in preparing this legal update.