Thank you, Madam Chair, for the opportunity to appear before you to discuss Bill C-36, the proposed Canada Consumer Product Safety Act.
As you know, the Minister of Health introduced this latest version of the legislation in June of this year. Each generation of this bill has been an improvement over the last and reflects the ongoing approach that we take to consumer product safety; that is, we are always looking for the most effective and efficient ways to maintain consumer safety while at the same time ensuring a free flow of goods.
The free flow of goods is related to the post-market regime for consumer safety in Canada. The post-market regime is not something we are proposing to change with this bill. We do not now propose, nor would we propose, that industry be required to seek certification from or otherwise notify the government when new products are introduced for sale in Canada. However, while the vast majority of consumer products are unregulated in this country, we do have a number of regulations and prohibitions in place for consumer products, and we work to promote compliance. Bill C-36 would provide an important authority in this regard: a general prohibition against products that pose an unreasonable danger to consumers.
Today the Hazardous Products Act is our legislative basis for consumer safety in Canada. It establishes what is essentially a permissive regime, where a product is allowed in Canada unless it is specifically regulated or prohibited. The general prohibition addresses those products that pose an unreasonable danger to human health or safety.
We expect that industry is already using appropriate standards and risk assessment methods in its evaluation of the safety of its consumer products before being placed on the market.
The general prohibition also supports one of the three key areas that we focus on for improvement in consumer product safety, and that is active prevention.
Modernized authorities developed to correspond to our globalized and post-market consumer product environment will assist us in preventing product safety problems before they arise and before significant risk can develop.
In addition to active prevention, we are focused on targeted oversight and rapid response as key areas for improvement in our consumer safety regime. Bill C-36 has new powers requiring manufacturers and importers, upon request by the minister, to provide safety test and study results for their products for verification by Health Canada. This supports targeted oversight while keeping the accountability for safe products with industry.
In addition to record-keeping, the requirement for mandatory reporting of product incidents will help us to respond rapidly when problems develop. Our major trading partners, the United States and the European Union, have already modernized their consumer safety legislation. Bill C-36 would bring Canada in line with them on reporting of incidents and recalls.
While the legislation would modernize a very dated system for consumer safety in Canada, we expect to continue to see a very robust voluntary approach to recall by industry. That has also been the experience in the United States.
We know that the vast majority of industry in Canada acts responsibly and we know they value their reputation. Unfortunately, there are still cases where industry either seeks to dismiss a risk or to avoid accountability. In those cases, government requires the tools to take action to protect consumers. Bill C-36 would give us the authority to do so.
Our partners have been generous. The United States in particular, owing to the similarities in our industry, continues to help us when it is taking action as a result of the mandatory reporting system and corrective action systems it has in place now.
Frequently, recalls initiated in the U.S. are either simultaneous in Canada or are closely timed. Information from the U.S. has helped us in Canada so that we are able to determine the extent, if any, of recalled products that might be present here. We thank our neighbours for this support and we hope to be more equal partners in consumer safety as a result of this legislation.
Like other elements of the Hazardous Products Act, the current schedule of fines and penalties can lead to the impression that the repercussions of product safety lapses are simply a cost of doing business. For example, the maximum fine under the HPA is now set at $1 million. Bill C-36 would raise that to $5 million for some offences or more for offences committed knowingly or recklessly.
The key elements of Bill C-36 I know are familiar to many of you on this committee, but there are some important improvements. Specifically, we have made six changes to the legislation since it was before you last.
The first change is a change to authorities for recall and other orders. Previously these authorities would have been assigned to an inspector. Now the minister is made expressly accountable for the authorities. This change addresses the concerns we have heard from some stakeholders that the critical and important authority of a mandatory recall should rest with senior officials.
We have also made two changes in adjusting the wording around inspectors' powers.
The definition of “storage” is now clear in the legislation and it does not apply to goods stored by individuals for their personal use. We have also removed a clause for inspectors to pass over private property so that the provision no longer includes the phrase “and they are not liable for doing so.”
The fourth change--having listened to the committee during previous hearings on this bill and on others--is an improvement to the wording on the provision for an advisory body meant to clarify what was meant by “public advice”.
Fifth, we responded to concerns on review orders, and the bill sets out a 30-day review period.
And finally, a prohibition on BPA, bisphenol A, in polycarbonate baby bottles has been added, ensuring an ongoing high level of protection for consumers.
In summary, the department believes Bill C-36 will provide the legislative foundation for active prevention, targeted oversight, and rapid response. The legislation offers certainty and transparency for industry. It gives consumers the information they need to make good product choices. It equips the government with new authorities that are calibrated to a global marketplace and a post-market regime. These new authorities are consistent with health and environmental legislation already in place in Canada. And this legislation would bring us into line with the level of protection provided to consumers in the United States and the European Union.
Those are my comments, Madam Chair, and we are prepared to take your questions.
