CANADA Law and Practice Contributed by: Sylvie Rodrigue, Grant Worden, Nicole Mantini and Anne Merminod, Torys LLP
items. Health Canada sets safety standards, moni - tors products on the market, conducts inspections, implements product recalls when necessary, and frequently publishes product recalls and advisories on its websites, as well as guidance to businesses on how to comply with regulatory requirements. • Health Canada also administers the FDA in regu - lating food products, pharmaceuticals, medical devices, natural health products, and cosmetics. The Health Products and Food Branch of Health Canada is mandated to manage the health-related risks and benefits of health products (including pharmaceutical, biological and radiopharmaceuti - cal drugs, medical devices, and natural health products), food, and veterinary drugs. Regulation of controlled substances such as cannabis falls to Health Canada’s Controlled Substances and Can - nabis Branch. • Regulation of pest control products under the Pest Control Products Act similarly falls under Health Canada’s purview through its branch, the Pest Management Regulatory Agency. • Health Canada administers CEPA in the regulation of toxic substances, sharing this jurisdiction with Environment and Climate Change Canada to regu - late products containing hazardous substances and enforce laws related to environmental safety. The Healthy Environments and Consumer Safety Branch of Health Canada, in particular, focuses on regulating and managing chemicals, products of biotechnology, radiation, environmental contami - nants, and workplace hazardous products. • The Safe Food for Canadians Act is administered by the CFIA with support from Health Canada. The CFIA assists in regulating the inspection of food products, plants, and animals. • Transport Canada is responsible for the safety regulation of motor vehicles and related equipment, working under the MVSA to set and enforce stand - ards for vehicle safety, manufacturing, and recalls. Transport Canada also administers the TDGA. • The AAFC is responsible for the federal regula - tion of agriculture, including policies governing the production, processing, and marketing of farm, food, and agri-based products under the Canada Agricultural Products Act and Agricultural Products Marketing Act.
• The Competition Bureau is an independent law enforcement agency that administers and enforces the Competition Act. The administra - tion and enforcement of the Consumer Packag - ing and Labelling Act (CPLA) is the responsibility of the Competition Bureau for matters relating to non‑food products, while the CFIA is responsible for food products. • The ISEDC oversees the safety of consumer elec - tronics and wireless devices under the Radiocom - munication Act, with a focus on ensuring safety and compliance with technical, certification, and safety standards. • Natural Resources Canada oversees the safety of products such as explosives and energy-using equipment, as well as fireworks and ammunition. Public Safety Canada is responsible for developing the legislative, policy, and regulatory requirements for the safe and legal use of firearms. Provincial Each province has its own set of agencies that over - see product safety. In addition to falling under fed - eral legislation, the safety of consumer goods such as children’s toys or household products may also be subject to further provincial oversight, particularly in retail settings or in matters related to public health. Building materials and construction products are sub - ject to provincial building codes, which are enforced by local municipal building departments under the guidance of provincial ministries. These authorities are responsible for certifying that building products meet safety standards before being allowed for use in construction projects. Provincial ministries of health are often involved in the inspection and safety regulation of food service establishments, while ministries of labour or occupa - tional health and safety authorities regulate workplace products and equipment. Provincial electrical safety authorities are responsible for approving and inspect - ing electrical devices, installations, and appliances. In the automotive and transportation sectors, provin - cial authorities are responsible for enforcing safety standards for vehicles and related products. Depart - ments of transportation in each province implement
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