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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 191/2

21 February 2011

Dear Sirs,

Commercial Information Circular No. 120/2011

Canada : Canada Consumer Product Safety Act and the related product-specific Regulations

The Canadian Department of Health (Health Canada) published a notice in the Canada Gazette Part II of 16 February 2011 to announce that the Canada Consumer Product Safety Act (CCPSA) will come into effect on 20 June 2011. The Gazette notice is available at 
http://www.gazette.gc.ca/rp-pr/p2/2011/2011-02-16/html/si-tr12-eng.html.

2.To ensure the smooth implementation of the CCPSA, the Health Canada also published in the Canada Gazette Part II of the same day a series of new regulations and amendments to existing regulations related to consumer product safety under the CCPSA. These new and amended Regulations will come into effect on the same day as the CCPSA, i.e. 20 June 2011. For details of these new and amended Regulations, please refer to the relevant Gazette Notices at
http://www.gazette.gc.ca/rp-pr/p2/2011/2011-02-16/html/index-eng.html.

DETAILS

3.As foreshadowed in Commercial Information Circular No. 60/2011 dated 24 January 2011, the CCPSA was enacted on 15 December 2010 and would come into effect within a few months to replace Part I and Schedule I of the Hazardous Products Act (HPA). The Health Canada has recently completed the necessary legislative and regulatory activities for the implementation of the CCPSA, which include the formulation of new product-specific Regulations and amendments of existing product-specific Regulations under the CCPSA, and announced that the CCPSA and the related Regulations will come into effect on 20 June 2011.

Product-specific Regulations under the CCPSA

4.Among others, the CCPSA prohibits the manufacture, importation, advertisement or sale of a consumer product that does not meet the requirements set out in the regulations made under the CCPSA. To ensure that existing prohibitions and regulations related to consumer products, originally under the HPA, would continue when the CCPSA comes into effect, the Health Canada has made the following legislative and regulatory arrangements:

  1. 22 existing product-specific Regulations under the HPA are transferred to the CCPSA without amendments so that the related regulated products, originally under Part II of Schedule I to the HPA, will continue to be regulated under the CCPSA;
  2. 3 existing product-specific Regulations under the HPA are amended to ensure the requirements would be consistent with the provisions of the CCPSA;
  3. 4 existing product-specific Regulations under the HPA are repealed and replaced by new Regulations to incorporate some prohibited items, originally under Part I of Schedule I to the HPA, into these Regulations; and
  4. 5 new product-specific Regulations are formulated to prescribe some prohibited items into these new Regulations.

5.It is important to note that these legislative and regulatory activities, including the amendments of existing Regulations, the repeal and replacement of existing Regulations, the formulation of new Regulations as well as the transfer of existing Regulations, would not result in any new regulatory requirements for the concerned consumer products.

New Regulations and Amendments to existing Regulations

6.Regarding paragraphs 4(b) to 4(d) above, the Health Canada issued in the Canada Gazette of 16 February 2011 the following new Regulations and amendments to existing Regulations. All these new and amended Regulations will become effective on the same day as the CCPSA, i.e. 20 June 2011.

Amendment of 3 existing Regulations

  • a.Asbestos Products Regulations are amended to ensure that the requirements are consistent with the provisions of the CCPSA.
  • b.Consumer Chemicals and Containers Regulations, 2001 are amended to ensure that the requirements are consistent with the provisions of the CCPSA.
  • c.Surface Coating Materials Regulations are amended to incorporate the regulations regarding lead limits in surface coatings on furniture and other articles for children, and pencils and artists' brushes.

3 New Regulations replacing 4 existing Regulations

  • d.Children's Sleepwear Regulations are formulated to replace the existing Hazardous Products (Children's Sleepwear) Regulations and would include the requirements of the repealed Regulations as well as all flammability requirements for children's sleepwear.
  • e.Restraint Systems and Booster Seats for Motor Vehicles Regulations are formulated to replace the existing Hazardous Products (Child Restraint Systems) Regulations and Hazardous Products (Booster Cushions) Regulations. The new Regulations would include all the requirements of both repealed Regulations, and car seats and other vehicle child-restraint systems, originally under Part I of Schedule I to the HPA.
  • f.Toys Regulations are formulated to replace the existing Hazardous Products (Toys) Regulations. The new Regulations would cover the requirements of the repealed Regulations and some other toy articles, originally under Part I of Schedule I to the HPA.

5 New Regulations

  • g.Candles Regulations are made to continue the prohibition of spontaneously reigniting candles (i.e. joke relight candles).
  • h.Children's Jewellery Regulations are made to continue to limit the amount lead permitted in children's jewellery.
  • i.Face Protectors for Ice Hockey and Box Lacrosse Players Regulations are made to continue to reference the Canadian Standards Association standard.
  • j.Ice Hockey Helmet Regulations are made to continue to reference the Canadian Standards Association standard.
  • k.Textile Flammability Regulations are made to continue regulating the flammability of general textiles and bedding.

7.For details of these new and amended Regulations, please refer to the relevant Gazette Notices. Traders are strongly advised to seek clarifications with their importers in Canada in order to comply with the necessary requirements.

ENQUIRIES

8.For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.

Yours faithfully,

(Miss Carmen CHAN)
for Director-General of Trade and Industry



Note ：

While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.