SGS : Canada Publishes New Regulations under CCPSA

SAFEGUARDS | Consumer Products NO. 153/16

Canada has published a set of Regulations governing the safety of a wide variety of consumer products under the Canada Consumer Product Safety Act (CCPSA). Many of these Regulations took effect in June 2016.

In January 2011, weinformed you the Canadian Government signed the Canada Consumer Product Safety Act (CCPSA) into law. The CCPSA came into force in June 2011 and its objective is to address or prevent dangers to human health and safety that are posed by consumer products. The legislation applies to manufacturers, importers, distributors, advertisers and retailers of consumer products in Canada.

The CCPSA is administered by Health Canada. Under the Act, consumer products must comply with specific requirements as set out in Regulations made under the CCPSA. Examples of products regulated under the CCPSA Regulations include: candles, carriages and strollers, jewellery, sleepwear, glazed ceramics, infant feeding bottle nipples, kettles, pacifiers, phthalates, playpens, restraining systems and booster seats for motor vehicles, science education sets and surface coating materials.

On July 13, 2016, Canada published a host of revised regulations under the CCPSA in Canada Gazette Part II. According to the regulatory impact analysis statement, the objective was to build on the 2011 regulatory revisions and make non-substantive administrative changes to 32 regulations under the CCPSA. The 'scope of application' of the various regulations was revised for consistency with the legislative language in the CCPSA. These revisions do not make significant changes to regulatory requirements for consumer products and will not affect the existing compliance and enforcement mechanisms. These revisions include:

• Repealing and replacing 29 Regulations (Table 1). Some of the new Regulations were renamed. Some examples of these are 'Infant Feeding Bottle Nipples Regulations', 'Mattresses Regulations' and 'Pacifiers Regulations'

• Amending 3 Regulations:

• The Consumer Chemicals and Containers Regulations (SOR/2001-269) was amended bySOR/2016-170

• The Consumer Products Containing Lead (Contact with Mouth) Regulations (SOR/2010-273) was amended bySOR/2016-171and

• The Toys Regulations (SOR/2011-17) was amended bySOR/2016-195.

These 29 'new' Regulations and the 3 amended Regulations became effective on June 22, 2016

Table 1: A comparison of 'new Regulations' and the corresponding 'repealed Regulations' is summarised in below table

Prior to the publication of the above 32 Regulations, Canada published the following Regulations in Canada Gazette Part II.

• The new Cigarette Ignition Propensity (Consumer Products) Regulations (SOR/2016-103) were published on May 20, 2016 and will become effective on November 17, 2016.

• The new Cribs, Cradles and Bassinets Regulations (SOR/2016-152) was published on June 29, 2016 and will take effect starting December 29, 2016. A summary of the new legislation is detailed inSGS- SafeGuardS 137/16. The existing Cribs, Cradles and Bassinets Regulations (SOR/2010-261) would be repealed once the new Regulations take effect.

The following Regulations under the CCPSA remain unchanged:

• Administrative Monetary Penalties (Consumer Products) Regulations (SOR/2013-101)

• Exemption Regulations (Consumer Products) (SOR-2015-97)

Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy, for Canada and international markets. Please do not hesitate to contact us for further information.

For enquiries, please contact:

Hing Wo TsangGlobal Hardlinest: +852 2774 7420

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