The way the legislation is now written, based on a recommendation of the investigation, the research on a product, and based on evidence, a recommendation would be put forth to the minister or designate to order a recall.
We determine that a product is dangerous by starting off with thedefinition that's outlined in the legislation, and the definition is the danger to human health or safety. Very simply, it includes an unreasonable hazard posed by a consumer product. The reference “unreasonable hazard” is included to make it very clear that the generally accepted hazard that some consumer products pose by their very nature, such as chainsaws, power tools, or kitchen knives, is not captured by the general prohibition. As an example, a knife is meant to be sharp; it's not posed as dangerous. Products that contain lead are toxic. These are differences that are identified.
Through definition, investigations are conducted. Based on evidence, recommendations would be made whether a product should be recalled or not. In this legislation, that recommendation would go to the minister. Again, to address some of the concerns that were raised, we've clarified who has the authority to order mandatory recalls of products in this legislation.