Regulations Amending Schedule 1 to the Canada Consumer Product Safety Act (Treated Articles): SOR/2024-218

Canada Gazette, Part II, Volume 158, Number 24

Registration
SOR/2024-218 November 8, 2024

CANADA CONSUMER PRODUCT SAFETY ACT

P.C. 2024-1201 November 8, 2024

Whereas, under section 38 of the Canada Consumer Product Safety Act footnote a, the Minister of Health has caused a copy of the proposed Regulations Amending Schedule 1 to the Canada Consumer Product Safety Act (Treated Articles) to be laid before each House of Parliament on June 7, 2024;

And whereas, under paragraph 38(4)(b) of that Act, 90 calendar days have passed since the proposed Regulations were laid before both Houses of Parliament;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, makes the annexed Regulations Amending Schedule 1 to the Canada Consumer Product Safety Act (Treated Articles) under paragraph 37(1)(c) of the Canada Consumer Product Safety Act footnote a.

Regulations Amending Schedule 1 to the Canada Consumer Product Safety Act (Treated Articles)

Amendment

1 Item 6 of Schedule 1 to the Canada Consumer Product Safety Act footnote a is replaced by the following:

6 Pest control products within the meaning of subsection 2(1) of the Pest Control Products Act, except treated articles within the meaning of subsection 1(1) of the Pest Control Products Regulations.

Coming into Force

2 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Health Canada manages risks associated with consumer products treated with a pest control product (more commonly referred to as a pesticide) using relevant provisions in the Pest Control Products Act (PCPA), the Canada Consumer Product Safety Act (CCPSA or the Act), and regulations made under these acts. Consumer products that have been treated with a pesticide are prevalent on the Canadian market, and they can be found in a range of consumer product categories, such as car seats, crib mattresses, cribs, foodware, furniture, textiles, toys and treated wood products.

Recent amendments to the Pest Control Products Regulations (PCPR) clarified regulatory requirements for products treated with a pesticide (treated articles) under the PCPA, and amendments to Schedule 1 to the CCPSA are required to provide clarity regarding the application of the CCPSA to treated articles that are consumer products.

Background

The purpose of the CCPSA is to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada. Under the Act, a consumer product means a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging.

The Act and its regulations help protect the public through a number of health and safety provisions, including but not limited to

The Act does not apply to some products that would otherwise fall under the definition of a consumer product, and those products are listed under Schedule 1 to the Act. Examples of these products include explosives, cosmetics, drugs, food, medical devices, ammunition, and pest control products. All of these products are dealt with by other legislation, such as the PCPA in the case of pest control products. The Governor in Council has the authority to amend Schedule 1 by regulation.

In December 2022, Health Canada’s Pest Management Regulatory Agency published, in the Canada Gazette, Part II, the Regulations Amending the Pest Control Products Regulations (Applications and Imports). Among other things, the amendments to the PCPR, which came into force in June 2023, defined the term “treated articles” to clarify that a product treated with a pesticide to directly or indirectly control, destroy or repel a pest or for mitigating or preventing its injurious, noxious or troublesome effects, meets the definition of a pest control product and, as such, is subject to some requirements under the PCPA.

A treated article that is a consumer product is generally intended to perform at least two functions: the primary function of the consumer product itself and the ancillary function of controlling, destroying or repelling a pest. An example of such a treated article is a crib mattress treated with an antibacterial. The dangers to human health and safety that a treated article may pose similarly fall under two main categories: the dangers associated with the article itself and those associated with the pesticide the article has been treated with. These dangers are most effectively dealt with under two regimes under the statutory authorities of the CCPSA and the PCPA, respectively.

Objective

The objective of the Regulations Amending Schedule 1 to the Canada Consumer Product Safety Act (Treated Articles) [the Amendment] is to ensure that there is no uncertainty regarding the application of the CCPSA and the PCPA to treated articles that are consumer products.

Description

The Amendment modifies Item 6 of Schedule 1 to the CCPSA, so that the requirements of the CCPSA apply to consumer products that meet the definition of “treated article” in the PCPR.

Regulatory development

Consultation

The Amendment clarifies authorities under the CCPSA respecting treated articles that are consumer products in line with the current practice and understanding of affected stakeholders. Consultations were therefore not undertaken.

In accordance with section 38 of the CCPSA, the Amendment was laid before each House of Parliament on June 7, 2024. The legislated tabling requirement was fulfilled on September 5, 2024, with no committee reports submitted to the Minister of Health.

Modern treaty obligations and Indigenous engagement and consultation

The Amendment will have no practical impact on any stakeholders and, as such, will have no impact on rights protected by section 35 of the Constitution Act, 1982, modern treaties or international human rights obligations.

Instrument choice

Status quo

Under the status quo, there may be uncertainty among stakeholders as to whether the CCPSA and its health and safety requirements apply to treated articles that are consumer products. This uncertainty may negatively impact stakeholders, the safety of treated articles that are consumer products and the health and safety of people in Canada.

Regulatory amendment

The option to regulate was chosen as it clarifies authorities respecting treated articles that are consumer products in a manner consistent with the current practice and understanding of affected stakeholders.

Regulatory analysis

Benefits and costs

The recently enacted amendments to the PCPR may result in some confusion among stakeholders as to whether treated articles that are consumer products are subject to the CCPSA. The Amendment clarifies statutory authority under the CCPSA. In practice, businesses continue to operate as if the CCPSA applies and therefore, their operations and processes will not need to change. Additionally, it is expected that these businesses will continue to comply with the CCPSA at the same rate as they currently do after the Amendment is enacted. Therefore, there will be no real cost impacts to businesses, consumers, people in Canada or the Government of Canada.

Small business lens

The Amendment is not expected to have any material cost impact on businesses. Therefore, there will be no cost impacts on small businesses.

One-for-one rule

The Amendment clarifies authorities under the CCPSA in line with how stakeholders currently operate and are anticipated to operate after the Amendment is enacted. Therefore, there will be no incremental administrative burden costs associated with the Amendment. There is no new regulatory title associated with the Amendment. No existing regulatory titles will be repealed due to the Amendment.

Regulatory cooperation and alignment

The Amendment clarifies authorities respecting treated articles that are consumer products in line with how affected stakeholders currently operate and are anticipated to operate after the Amendment is enacted. Therefore, it will not have an impact on any international agreements or obligations.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan was conducted concluding that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for the Amendment.

Implementation, compliance and enforcement, and service standards

The Amendment will come into force the day on which it is published. No changes to existing compliance and enforcement practices or service standards will result.

Contact

Luisa Wang
Director
Strategic Policy and Workplace Hazardous Products Program
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch
Health Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Email: CCPSA-LCSPC@hc-sc.gc.ca