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Electrical Product Safety Obligations

PLEASE TAKE NOTE: although the Canada Consumer Product Safety Act (CCPSA) came into force on June 20, 2011 consumer electrical products sold and used in Ontario continue to be subject to Regulation 438/07 (Product Safety).

As a result, consumer electrical products are subject to both Ontario’s Product Safety regulation and the CCPSA requirements.

The CCPSA applies to suppliers of consumer products in Canada (including manufacturers, importers, distributors, advertisers and retailers). The Act replaces Part I and Schedule I of the Hazardous Products Act and recognizes that suppliers of consumer products have an essential role to play in addressing any dangers to human health or safety that may be posed by these products in today's global marketplace.

In 2011, the federal (CCPSA) administered by Health Canada came into effect, outlining the responsibilities of industry across Canada for consumer product safety, including mandatory incident reporting and document retention. 

This created concurrent product safety systems (federal and provincial) for consumer electrical products in Ontario.  ESA, the Ministry of Government and Consumer Services (MGCS) and Health Canada have been working together to address this duplication.

On June 26, 2013, the Ontario government amended Regulation 438/07, removing obligations for mandatory reporting to ESA. The regulation has also been amended to include a consumer electrical product definition (consistent with the definition under the CCPSA), and to eliminate ESA’s authority to order notification to the public and require corrective action respecting consumer electrical products. 

ESA will continue to play an important role in managing the safety of electrical products.  ESA will retain responsibility for pre-market approval requirements for all electrical equipment and products (including consumer electrical products) offered for sale in the Ontario marketplace, and will also retain responsibility for post-market safety oversight of industrial products.

To ensure ESA has the appropriate tools to address identified issues with pre-market approval requirements and post-market industrial products, the requirement for industry, certification bodies and inspection bodies to assist ESA in an investigation remains unchanged. ESA maintains the authority to order products be retained or turned over if suspected to be counterfeit or unapproved.

Health Canada, the MGCS and ESA are committed to working together to ensure that electrical safety remains a key priority and that industry is aware of its respective obligations. To find out your requirements under the CCPSA, please visit http://www.hc-sc.gc.ca/cps-spc/legislation/acts-lois/ccpsa-lcspc/index-eng.php. A link to the amended Regulation 438/07 is available here.  http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_070438_e.htm.  For more information visit Regulations Updates.