CANADA Law and Practice Contributed by: Sylvie Rodrigue, Grant Worden, Nicole Mantini and Anne Merminod, Torys LLP
after writer and speaker in Canada and internation - ally. Anne is called to the Bar in Quebec and in Ontario.
Torys LLP 79 Wellington St West, 30th Floor Box 270, TD South Tower Toronto Ontario M5K 1N2 Canada Tel: +1 416 865 0040 Fax: +1 416 865 7380 Email: directories@Torys LLP.com Web: www.Torys LLP.com
1. Product Safety 1.1 Product Safety Legal Framework
egories of products are subject to different statutes and regulations. Under the CCPSA, manufacturing, importing, adver - tising, and selling consumer products that pose a danger to human health and safety is prohibited, as is packaging or labelling a consumer product in a manner that could reasonably be expected to create an erroneous impression regarding the safety of the product. The Competition Act governs the marketing, advertis - ing, and labelling of products and services offered in Canada. Under the Competition Act, false or mislead - ing representations, including deceptive marketing practices and unsubstantiated performance claims about products or services, are prohibited. Claims relating to product performance or environmental benefits must be based on adequate and proper test - ing. Claims relating to the benefits of a business activ - ity must similarly be based on adequate and proper substantiation. In addition to avenues for regulatory enforcement, the Competition Act provides consum - ers with a right of action against businesses that do not comply with its provisions.
Product safety laws in Canada consist of a combina - tion of federal, provincial, and territorial requirements governing the import, sale, labelling, and marketing of products. An overview of the operative legal frame - work is discussed below. Overarching Federal Laws and Regulations Product safety The federal Canada Consumer Product Safety Act (CCPSA) regulates the manufacture, import, advertis - ing, and sale of consumer products in Canada. Con - sumer products are broadly defined to include any product (including components, parts, accessories, and packaging) that could reasonably be expected to be obtained by an individual for non-commercial pur - poses, including domestic, recreational, and sports purposes. The CCPSA does not, however, apply to consumer products governed by certain other federal legislation (eg, food, pharmaceuticals, natural health products, medical devices, cosmetics, pest control products, animal feed, seeds, fertilisers, explosives, firearms, ammunition, motor vehicles and their parts, aeroplanes, ships, and animals). These specific cat -
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