Consumer Product Safety Regulation – United States and Canada 


February 2011

Consumer Product Safety Bulletin
Canada's new Canada Consumer Product Safety Act was passed by the federal government in December 2010.

On February 15, 2011, the government announced that the new Act will come into force on June 20, 2011. Health Canada, the federal agency that will administer the new Act, is still engaged in a broad consultation process with industry and other stakeholders that is expected to result in the publication of regulations and guidance documents relating to the administration of the Act.  Health Canada published a draft guidance document on Mandatory Reporting in the fall of 2010 that has received extensive comment and is expected to be further published, again in draft, in the coming weeks.

Recognizing the considerable overlap in the regulatory regimes that apply to consumer products in North America, we have prepared, in partnership with leading U.S. regulatory firm, Mayer Brown, the attached table that sets out the significant comparable requirements of the U.S. Consumer Product Safety Act, the Canada Consumer Product Safety Act and the regime administered by Ontario's Electrical Safety Authority (ESA) as the latter applies to electrical consumer products.

There is considerable overlap between the regulatory authority of Health Canada and that of the ESA where electrical consumer products are concerned.  Pursuant to an MOU entered into between the two agencies, ESA will maintain practical responsibility for the investigation of issues relating to electrical consumer products except that Health Canada will be responsible for the investigation of electrical toys and problems with electrical products that are chemical/toxicology related.