WORLD TRADE  
ORGANIZATION  G/TBT/N/CAN/290 
23 December 2009  
 (09-6694) 
Committee on Technical Barriers to Trade Original:   English 
  
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  CANADA
  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  Department of Health 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :  Canadian Enquiry 
Point, 200-270 Albert Street, Ottawa, Ontari o, Canada, K1P 6N7 Tel.:  +1 613 238 3222, 
Fax.: +1 613 569 7808, E-mail: enquirypoint@scc.ca   
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Consumer Products (not 
including food, therapeutics or cosmet ics) (ICS: 97.020, 97.140, 97.190, 97.200) 
5. Title, number of pages and language(s) of the notified document:  Bill C-6 the proposed 
Canada Consumer Product Safety Act (44 page s, available in English and French)     
6. Description of content:  The Canada Consumer Product Safety  Act is a proposed legislation 
respecting the safety of consumer products.  Th e proposed legislation w ould replace Part I of 
the Hazardous Products Act (HPA) a nd introduce a new regulatory regime.  
The current product-specific regulations (e.g., consumer chemicals, toys, cribs) under the 
Hazardous Products Act (H PA) would continue to be in effect under the new Act and new 
product-specific regulations, as required, would be introduced und er the new Act as necessary 
to address product-specific hazards. 
The Canada Consumer Product Safety Act includes the following new provisions for 
consumer products:   
• a general prohibition on marketing products presenting a danger; 
• a prohibition on marketing products that have  been the subject of recall or other 
corrective measures not carried out; 
• a prohibition on false or misleading packagi ng, labelling or advertising as related 
to health and safety, includi ng false certification marks; 
• a provision for the Minister to ask for test reports or studies where there are 
indicators of non-compliance; 
• a requirements that industry maintain records related to product source and 
distribution; G/TBT/N/CAN/290 
Page 2  
 
  • a requirements that industry report serious incidents with their products; 
• a provision for the disclosure of conf idential business information to other 
organizations carrying out functions rela ted to consumer product safety (where 
confidentiality agreements are in place); 
• a provision for Health Canada Inspectors to order recalls and corrective measures; 
and 
• an administrative penalty scheme for failure  to comply with an Inspector’s order.  
There are a certain number of proposed product-specific requirements that are being 
considered to be added to the text of the Ca nada Consumer Product Safety Act, including: 
• a proposal for Part I of the Modernizat ion of Canada’s Safe ty Legislation for 
Children's Toys: Mechanical and Electrical Hazards 
• a proposal on the Globally Harmonized Sy stem of Classifica tion and Labelling of 
Chemicals (GHS)  
• a proposal for prohibition of polycarbonate baby bottles that contain bisphenol A  
• a proposal for lead content limits in products  intended to be or likely to be placed 
in the mouth 
• a proposal on phthalates regulations for soft  vinyl children’s toys and child care 
articles 
• a proposal for regulations amending the ha zardous products (k ettles) regulations 
• a proposal for legislative acti on on ski and snowboarding helmets 
• a proposal for amendments to the haza rdous products (mattresses) regulations 
7. Objective and rationale, including the nature of urgent problems where applicable:  The 
purpose of this Act is to protect the public by addressing or preventing dangers to human 
health or safety that are pose d by consumer products in Canada , including those that circulate 
within Canada and those that are imported  
8. Relevant documents:   Additional and background information on the Canada Consumer 
Product Safety Act (Bill C-6) is available from the following web sites, in English and 
French. 
English:  
http://www2.parl.gc.ca/Sites/LOP/LEGISINF O/index.asp?Language= E&Chamber=N&Start
List=A&EndList=Z&Session=22&Type= 0&Scope=I&query=5655&List=toc-1  
French: 
http://www2.parl.gc.ca/Sites/LOP/LEGISINF O/index.asp?Language=F&Chamber=N&StartL
ist=A&EndList=Z&Session=22&Type= 0&Scope=I&query=5655&List=toc-1   
Part I of the Hazardous Produc ts Act (HPA) is available onl ine in English and French: 
http://laws.justice.gc.ca/eng/H-3/page-2.html#anchorbo-ga:l_I  (English) 
http://laws.justice.gc.ca/fra/H-3/page-2.html  (French) 
List of past and current consultations on propos ed product-specific requi rements (available in 
English and French):  G/TBT/N/CAN/290 
 Page 3 
 
 
  Consultation - Proposal for Part I of the mode rnization of Canada’s safety legislation for 
children’s toys: mechanical and electrical hazards - http://www.hc-sc.gc.ca/cps-
spc/legislation/consultatio n/2009toy-jouet/index-eng.php  
Consultation - The Globally Harmonized Sy stem of Classification and Labelling of 
Chemicals (GHS) - http://www.hc-sc.gc.ca/ahc-asc/in tactiv/ghs-sgh/index-eng.php  
Consultation - Proposed prohibition of polycarbona te baby bottles that contain bisphenol A - 
completed September 10, 2009  - http://www.hc-sc.gc.ca/cps-
spc/legislation/consulta tion/bisphenol_a-eng.php  
Consultation - Proposal for lead content limits in  products intended to be or likely to be 
placed in the mouth  - completed September 3, 2009  - http://www.hc-sc.gc.ca/cps-
spc/legislation/consultatio n/lead_mouth-plomb_bouche-eng.php  
Consultation – Proposal for phthalates regulations  for soft vinyl children’s toys and child 
care articles  - completed September 3, 2009  - http://www.hc-sc.gc.ca/cps-
spc/legislation/consultation/phthalates-phtalates-eng.php  
Consultation – Proposal for regulations amending the hazardous products (kettles) 
regulations  - completed August 6, 2009  - http://www.hc-sc.gc.ca/cps-
spc/legislation/consultation/200 9kettles-reg-bouilloires/index-eng.php  
Consultation - Proposal for legislative action on ski and snowboarding helmets  - completed 
June 1, 2009  - http://www.hc-sc.gc.ca/cps-spc/legislation/consultation/helmets-casques-
eng.php  
Consultation – Proposal for amendments to the hazardous products (mattresses) 
Regulations - completed April 3, 2009  - http://www.hc-sc.gc.ca/cps-
spc/legislation/consultation/mattresses-matelas-eng.php  
9. Proposed date of adoption:   
 
Proposed date of entry into force:    This bill is currently before Parliament – the 
date of adoption is unknown at this time. 
On the date the measure is adopted. 
10. Final date for comments:  28 February 2010 
11. Text available from: National enquiry po int [ X], or address, telephone and fax 
numbers, e-mail and web-site addres ses, if available of the other body:    
The electronic version of the notifie d text can be downloaded at:  
http://www2.parl.gc.ca/content/hoc/Bill s/402/Government/C-6/C-6_3/C-6_3.PDF