This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.
Leona Aglukkaq Conservative
Considering amendments (House), as of Dec. 15, 2009
(This bill did not become law.)
This is from the published bill. The Library of Parliament often publishes better independent summaries.
This enactment modernizes the regulatory regime for consumer products in Canada. It creates prohibitions with respect to the manufacturing, importing, selling, advertising, packaging and labelling of consumer products, including those that are a danger to human health or safety. In addition, it establishes certain measures that will make it easier to identify whether a consumer product is a danger to human health or safety and, if so, to more effectively prevent or address the danger. It also creates application and enforcement mechanisms. This enactment also makes consequential amendments to the Hazardous Products Act.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Helena Guergis Conservative Simcoe—Grey, ON
moved that Bill C-6, An Act respecting the safety of consumer products, be read the second time and referred to a committee.
Colin Carrie ConservativeParliamentary Secretary to the Minister of Health
Mr. Speaker, if you seek it, I think you will find unanimous consent that I share my time with the member for Kenora.
The Acting Speaker Conservative Barry Devolin
Does the parliamentary secretary have unanimous consent to split his time?
Some hon. members
Agreed.
Colin Carrie Conservative Oshawa, ON
Mr. Speaker, I am pleased to speak in support of Bill C-6. This proposed legislation delivers on the Government of Canada's commitment to improve protection for Canadian consumers through stronger product safety laws. Canadians should be confident in the quality and safety of the products they buy.
The proposed Canada consumer product safety act would modernize our system by raising the bar for industry and by improving protection of the public against the few who would act irresponsibly.
Most Canadian companies manufacture, import and sell safe products and yet, some high-profile safety issues related to consumer products have caused concern among Canadians. These include lead found in imported children's toys and small, powerful magnets found in a variety of children's products that have been known to break off and can then be swallowed by a child. Those incidents highlighted the need to improve consumer product legislation.
This proposed legislation addresses the need to modernize part I of the Hazardous Products Act, an act that has not been amended since its introduction in the late 1960s. Much has changed in the past four decades. Globalization has meant that many consumer goods available in Canada are now manufactured in countries with lower standards for consumer health and safety. Technology has also had an impact. Many of today's consumer goods contain elements and compounds unheard of 40 years ago. So, over time, the safety net that Canadian consumers have come to expect is not as broad as it could or should be.
Allow me to detail a few of the gaps that exist in the current Hazardous Products Act.
It contains no general prohibition against supplying unsafe consumer products that pose an unreasonable danger. It provides only limited authority to detect and identify unsafe products at an early stage. It does not allow government to respond rapidly to unregulated products or hazards. It does not contain the power for government to recall flawed products when a company is unco-operative or slow in doing so.
In short, the existing act needs to be strengthened. Bill C-6, the proposed Canada consumer product safety act, would do just that.
The proposed new act would make it an offence to supply products that pose an unreasonable danger to human health or safety. It would expand the scope of legislation to cover the manufacture of consumer products. It would introduce mandatory reporting of incidents, requiring industry to report when it has knowledge of a serious accident or incident, even if that incident has not caused harm. This would provide an early warning mechanism to allow government to act.
The proposed new act would give the government the authority to require manufacturers and importers to provide results from tests or studies on products. Packaging or labels on products which are false, misleading or deceptive as they relate to health or safety would be prohibited under the proposed legislation. It would require industry to keep detailed records so products could be traced through their supply chain.
The proposed legislation would also introduce an order power so inspectors could require suppliers to recall or take other corrective measures, as well as to take quick action when the supplier failed to do so.
Finally, the proposed act seeks to put in greater deterrents. Fines and penalties would be significantly increased. Maximum fines of up to $5 million would be in place for some offences, while others would have a maximum that would be left to the court's discretion.
We believe these provisions would give Canadian consumers the protection they deserve and expect when they purchase goods ranging from toys to household goods.
There are several groups of consumer products that are regulated by other acts and would not be subject to the proposed legislation. For example, natural health products, which are regulated by a section of the Food and Drugs Act, would not be subject to this proposed legislation. Some stakeholders have expressed confusion about this. As a result, the Minister of Health has written the chair of the health committee to inform her that our government would be moving forward with an amendment to this bill, making it clear that this proposed legislation would not affect natural health products.
Coupled with other initiatives under the food and consumer safety action plan, this proposed act seeks to provide Canadians with a comprehensive scheme for safer consumer products, responsible suppliers across the board and better informed consumers.
This government takes consumer safety seriously and we are taking action. Canadians look to the federal government to show leadership in enhancing the safety of consumer products in this new global marketplace and we are responding.
This proposed new legislation has been developed in consultation with numerous stakeholders and also reflects input made during the discussion on former Bill C-52 in the second session of the 39th Parliament. After 40 years, it brings Canadian consumer protection up to date and provides the same level of protection enjoyed by residents of other countries.
As well, by raising the strength of our product safety system up to the level of our major trading partners, we are safeguarding our marketplace against the risk of becoming a dumping ground for substandard products.
The lowest price can be alluring for consumers and even more so in tough economic times. As a result, we can expect industry to cut corners where it can. Bill C-6 would help prevent any shortcuts on safety. We need the improvements proposed in Bill C-6 now more than ever before.
With the support of members of the House, consumers and businesses will reap the benefits. We have created the ideal package of consumer protection by combining measures to improve prevention, monitor high risk products and act swiftly if a dangerous product enters the supply chain.
Canadians deserve to have confidence when they buy products at their local store. I trust that all members will agree and will join us in supporting Bill C-6.
Luc Malo Bloc Verchères—Les Patriotes, QC
Mr. Speaker, my question for the Parliamentary Secretary to the Minister of Health is very simple.
If Bill C-6 were to pass second reading and be sent to the Standing Committee on Health, of which we are both members, and we were to study Bill C-6 in the near future, does he believe, as I do, that it would be in the public's interest to receive all the groups that wish to appear in order to present their point of view on Bill C-6?
Colin Carrie Conservative Oshawa, ON
Mr. Speaker, I want to thank the hon. member for all his help and good work on the health committee.
I believe, as I think he does, that the committee gets to choose which witnesses it would like to bring forward. With any type of legislation it is very important to this government and all members of the House to entertain the opinions of all stakeholders who have an interest in the legislation.
The idea here, on which I think everyone in the House would agree, is that the health and safety of Canadians is very important. Canadians have to have confidence in their government and confidence in consumer products. The legislation on the books now is from the 1960s. It is time we modernized it. We live in a new global framework.
I look forward to the bill going to committee. I know we will be working diligently to bring forward good legislation for the Canadian people.
Kirsty Duncan Liberal Etobicoke North, ON
Mr. Speaker, I am wondering if the hon. parliamentary secretary could comment on how the precautionary principle is being applied to the bill.
Specifically, while precaution is being exercised with respect to recall, it is not being applied to known toxic chemicals. Why is there a discrepancy in application of the principle? Why is there a hesitancy to phase out known and probable carcinogens?
Colin Carrie Conservative Oshawa, ON
Mr. Speaker, I would like to thank the member for her question and for her good work on the health committee.
She is bringing up something that is handled both in the Hazardous Products Act and in CEPA. With this new legislation, there is going to be some crossover between the two pieces of legislation. The government will study this to see what are environmental issues, what is going to be handled under the new act and take appropriate action as required.
I hope that answers the member's question.
Jim Maloway NDP Elmwood—Transcona, MB
Mr. Speaker, I have received many calls from people concerned about the natural health products issue. The parliamentary secretary said that Bill C-6 does not deal with natural health products.
I would like to know specifically how he will deal with their concerns in this bill. He mentioned he was going to put forward an amendment to the bill. Could he tell us what sort of amendment it will be?
Colin Carrie Conservative Oshawa, ON
Mr. Speaker, to give the member a bit of my history, I was one of the members who brought forward Bill C-420, which was a natural health products bill. I continue to be involved with that community.
In the original writing of the bill and in the past version, Bill C-52, there was some confusion in the language and stakeholders from the natural health products community required some clarification of it. The minister has written to the chair of the health committee. We will be putting forward an amendment to clarify that exactly so that the stakeholders from the natural health products community know that this bill excludes natural health products and food and drugs under the Food and Drugs Act.
Greg Rickford Conservative Kenora, ON
Mr. Speaker, I thank the hon. member for Oshawa for sharing his time with me today.
I rise in support of Bill C-6, the government's proposed new legislation to better protect consumers from products that might be dangerous to their health or safety. These are improvements that Canadians want and need. They will make a safe marketplace even safer.
We need to adapt our legislation to reflect the changes in the world's changing economy. Products are now being manufactured in places where product safety may not be the high priority that it is to Canadians. We cannot necessarily rely upon those manufacturers and their host countries to adopt a standard acceptable to Canadians.
Whether they come from outside or within Canada, our government needs modern tools to help shield Canadians from flawed or dangerous goods. We have a mandate to work to protect our citizens from harm, no matter where a consumer product comes from.
Changing our consumer product legislation will help maintain Canada's position as one of the best countries in the world in which to live. The world's economy is going through a challenging time. As the world's manufacturers compete for shrinking markets, the temptation for unscrupulous manufacturers will be to cut costs at the expense of the safety of the goods that they produce.
Whether the stream of faulty products is a trickle or a flood, we need to be ready, and this proposed legislation will give us the base we need to stem the flow. While we invest in stimulating the economy, we need to continue to invest in ways to keep us safe from dangerous consumer products. Bill C-6 would help us do that.
Our government has invested $113 million over two years to support the action plan to modernize and strengthen Canada's system for food, consumer products and health products. The plan is built on three elements: first, active prevention, to avoid as many problems as possible before they arise; second, targeted oversight, to closely monitor consumer products that pose a higher risk to health and safety; and third, a rapid response so we can take action more quickly and effectively on problems that do occur.
I would now like to elaborate on these three elements.
The first aim of the proposed legislation before this House is to improve prevention. Bill C-6 would establish a general prohibition against manufacturing, importing, advertising or selling consumer products that pose unreasonable dangers to human health and safety.
Importantly, I should mention that the natural health products are exempt from the proposed consumer product safety act, as they have their own regulatory framework under the Food and Drugs Act. Some stakeholders have expressed confusion about this. As a result, the Minister of Health has written to the chair of the health committee to inform her that our government will be moving forward with an amendment to this bill making it clear that it will not affect our natural health products.
Second, Bill C-6 targets products that pose the highest risk for oversight. It proposes to allow the minister to require commercial manufacturers and importers to provide safety test and study results for their products. Suppliers would be required to provide reports regarding any serious incidents and defects involving their products, including near misses, and the manufacturer or importer would need to provide a detailed report, including its plan of action to respond.
Industry is already subject to mandatory reporting in the European Union and the United States. Therefore, Bill C-6 would bring us up to the same standard as two of our most significant trading partners. Suppliers would also be required to keep detailed information about the sources and destinations of their products to help track products that need to be recalled.
Third, the proposed legislation will give us new tools to help us respond to problems as rapidly as possible. Governments could require companies to pull unsafe consumer products from the shelves as soon as the problem is discovered, and we would also have the power to act swiftly if the supplier fails to do so.
Will Bill C-6, we are also seeking to raise fines to levels that are similar to those in other industrialized countries. The financial penalties must be serious and a deterrent to those who might risk human health and safety. For example, the maximum fine under the Hazardous Products Act is now set at $1 million. With this proposed bill now before the House, the maximum fine would be raised to $5 million for some offences and possibly higher fines at the discretion of the courts for other offences.
However, we will not rely on this proposed legislation alone. Laws and fines are an important part of the solution but not the only solution. We will be working with other countries to promote safe manufacturing processes. We will work with our own industry to improve awareness of health and safety issues in the manufacturing process.
It bears mentioning that our current safety system has served us well and the vast majority of Canadian manufacturers, importers and other providers and suppliers provide safe products, but our current consumer product legislation was drafted in 1969. We are now part of a global economy and a global marketplace. We need to modernize our system to meet the new reality and to safeguard against the very few who do act irresponsibly.
Our Hazardous Products Act has not been thoroughly reviewed in 40 years and it needs to be modernized. Without new legislation Canada risks becoming a dumping ground for the world's unsafe products. This is not the future we want for Canada's marketplace.
The proposed legislation will give our inspectors the power they need to get unsafe products out of the marketplace before they get to the homes of Canadians. Improving health and safety is in everyone's interest and so I urge my fellow members to vote in favour of Bill C-6.
Kirsty Duncan Liberal Etobicoke North, ON
Mr. Speaker, I wonder if the hon. member could comment on how this legislation compares with that of the EU and the U.S.
I would also like to hear his comments regarding why the legislation does not include mandatory labelling like proposition 65 which has provided Californians with information they can use to reduce their exposure to listed chemicals that may not have been adequately controlled under other state or federal laws.
Greg Rickford Conservative Kenora, ON
Mr. Speaker, as I said in my speech, the goal of this legislation is to bring Canada into the modern marketplace that is consistent with the legislation that is currently in place in the European Union and in the United States.
With respect to the second part of the hon. member's question, some of the legislation is currently found in the Environmental Protection Act.
Jim Maloway NDP Elmwood—Transcona, MB
Mr. Speaker, I would like to follow up on the question from the Liberal Party member when she asked about mandatory labelling, which is a pretty important issue to be dealing with here.
One of my constituents suffered all last summer because she used sunscreen that contained chemicals called oxybenzone and benzophenone-3, which I had never heard of, but the chemicals caused her huge problems with reactions. One of her relatives also had the same sort of reaction. She tells me that this is a big issue that the federal government should be dealing with. Part of it has to do with having proper labelling on the product.
The member asked a very good question and her question did not really receive a full answer from the government member.