In a recent important decision the Federal Court of Appeal confirmed a June 2009 Competition Tribunal decision in a refusal to deal case. This unanimous decision clarifies the scope of Section 75 of the Competition Act - a civil refusal to deal provision that, in certain circumstances, may allow a business to obtain an order requiring a supplier to accept the business as a customer.
The Canadian Food Inspection Agency is asking consumers and food industry stakeholders to comment on elements of the Safe Food for Canadians Action Plan, which aims to strengthen and modernise the food safety system. The consultation will provide input into the regulations that are being developed in connection with the Safe Food for Canadians Act, which was passed in November 2012, but which is still not in force.
Canada's new food safety legislation, the Safe Food for Canadians Act, was passed in November 2012 but has not yet come into force. As one of the steps leading towards the eventual implementation of the act, the government recently announced the Safe Food for Canadians Action Plan and changes to the rules governing federally inspected meat plants.
The Safe Food for Canadians Act has passed its third reading in the House of Commons and now awaits royal assent. The act, which consolidates four key pieces of legislation, includes a mechanism for formalising and strengthening the controls applicable to imported foods and a prohibition on the sale of foods that have been recalled by federal order.
The Canada Consumer Product Safety Act has received royal assent and is now Canadian law. Among other things, the act prohibits the manufacture, importation, advertisement or sale of any consumer products that pose an unreasonable danger to human health or safety.
Health Canada recently announced another consultation on regulations under the proposed Canada Consumer Product Safety Act. The intent of the proposed Administrative Monetary Penalties Regulations would be to provide details on how a penalty for a violation under the proposed act would be calculated, including 'gravity factors', weighting and penalty values
Health Canada recently announced that it will conduct a consultation regarding proposed exemption regulations pursuant to the proposed Canada Consumer Product Safety Act. The proposed exemption regulations would exempt certain classes of consumer product from compliance with specified provisions of the proposed act or other regulations made pursuant to the act.
The Canadian government has reintroduced consumer product safety legislation. This is now the third time that the legislation has been introduced. The new Canada Consumer Product Safety Act includes many of the provisions that were found in previous iterations of the legislation.
The Canada Consumer Product Safety Act recently received its third reading in the Senate. It was passed, but with amendments to the text as passed by the House of Commons. The Senate amendments were limited in scope and designed to address some of the issues that had been raised concerning the breadth and constitutionality of the enforcement powers granted under the legislation.
The government recently announced an injection of C$75 million into Canada's food safety system to improve Canada's ability to prevent, detect and respond to future foodborne illness outbreaks. In addition, the government announced that it will act on all 57 recommendations issued by the independent investigator for the Listeriosis Investigative Review.
Canada is proposing regulatory action to limit the amount of lead contained in specific products that can come into contact with the mouth. The proposal provides a non-exhaustive list of the affected products. Comments may be submitted to the Consumer Safety Bureau of Health Canada.
Canada has proposed legislative amendments that would restrict the sale, importation and advertising in Canada of six types of phthalate that are commonly used in children's toys and childcare products. The government has cited adverse health effects, primarily reproductive in nature, as a justification for proposed regulatory action.
Recalls of consumer products continued to grow in number and severity in 2008. The safety of food and consumer products has taken on greater prominence in the media and in legislative policy. The entry into force of the US Consumer Product Safety Improvement Act and new regulatory initiatives in Canada herald an era of increasing public and regulatory scrutiny of food and consumer product safety.
The federal government recently reintroduced its proposed Canada Consumer Product Safety Act as Bill C-6. The legislation followed the announcement in the recent budget that the government will provide C$113 million over two years to fund Canada's Consumer Product Safety Plan. Regrettably, the government failed to fix the flaws that had been identified in the previously proposed legislation, Bill C-52.
Seller beware. Or, more precisely: seller, manufacturer, distributor, importer, advertiser and tester beware. The federal government recently introduced Bill C-52, the Canada Consumer Product Safety Act. The new legislative proposal represents a sea change that will subject hundreds of thousands of consumer products to direct government regulation for the first time.
The number of recalls and public notices of voluntary product withdrawals that were issued in 2007 is unprecedented in Canada. These recalls and notices have resulted in a far greater visibility and awareness of product safety and quality issues. Ensuring product safety and quality, and reassuring the public that products are safe, have now taken on a significantly heightened prominence and importance.