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Bill C-482

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1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99

The House of Commons of Canada

BILL C-482

An Act to amend the Hazardous Products Act

R.S., 1985, c. H-3; R.S., c. 24 (3rd Supp.), c. 15 (4th Supp.); 1992, c. 1; 1996, c. 8; 1997, cc. 9, 13

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. (1) Section 2 of the Hazardous Products Act is amended by adding the following in alphabetical order:

``excluded product''
« produit exclu »

``excluded product'' means a product that is prescribed to be an excluded product by

    (a) a regulation made under paragraph 4.1(a), or

    (b) a regulation made under paragraph 4.1(b);

(2) The definition ``hazardous product'' in section 2 of the Act is replaced by the following:

``hazardous product''
« produit dangereux »

``hazardous product'' means

    (a) any toy, equipment or product described in subsection 3.1(1), other than an excluded product,

      (i) the advertisement or sale of which is prohibited under paragraph 3.1(1)(a) or (b), or

      (ii) the importation of which is prohibited under paragraph 3.1(1)(c), or

    (b) any prohibited product, restricted product or controlled product;

2. The Act is amended by adding the following after section 3:

Products that are not to be advertised, sold or imported

3.1 (1) Despite any order or regulation made under this Act, no person shall

    (a) advertise,

    (b) sell, or

    (c) import

a product that is packaged as a consumer product and that contains more than 15 parts per million weight to weight of lead or 1 part per million weight to weight of cadmium, or any toy, equipment or other product for use by a child in learning or play that is or is likely to be used by a child of less than three years of age and that has been produced with the addition of a phthalate (ester of 1, 2-benzenedicarboxylic acid).

Interpreta-
tion

(2) In subsection (1), ``order'' does not include an order made in respect of an excluded product and ``regulation'' does not include a regulation made under section 4.1 or in respect of an excluded product.

Exception

(3) Paragraphs (1)(a) and (b) do not apply to a person who advertises or sells any product that is packaged as a consumer product and that contains more than 15 parts per million weight to weight of lead or 1 part per million weight to weight of cadmium, if the product is prescribed to be an excluded product by a regulation made under paragraph 4.1(a).

Exception

(4) Paragraph (1)(c) does not apply to a person who imports any product that is packaged as a consumer product and that contains more than 15 parts per million weight to weight of lead or 1 part per million weight to weight of cadmium, if the product is prescribed to be an excluded product by a regulation made under paragraph 4.1(b).

3. The Act is amended by adding the following after the heading ``Regulations'' that follows section 4:

Regulations

4.1 The Governor in Council may make regulations prescribing

    (a) a product described in subsection 3.1(3) to be an excluded product for the purposes of that subsection; or

    (b) a product described in subsection 3.1(4) to be an excluded product for the purposes of that subsection.

4. (1) Section 6 of the Act is amended by adding the following after subsection (1):

Interpreta-
tion

(1.1) In subsection (1), ``product'' includes an excluded product.

(2) Section 6 of the Act is amended by adding the following after subsection (3):

Exception

(3.1) The Governor in Council may not make any order under this section adding any toy, equipment or product described in subsection 3.1(1), other than an excluded product, to Schedule I.

5. (1) Section 15 of the Act is amended by adding the following after subsection (1):

Interpreta-
tion

(1.1) In paragraph 15(1)(a), ``product includes an excluded product.

(2) Section 15 of the Act is amended by adding the following after subsection (3):

Exception

(4) The Governor in Council may not make any regulation under paragraph 15(1)(a) specifying that any toy, equipment or product described in subsection 3.1(1), other than an excluded product, be included in any of the classes listed in Schedule II.

COMING INTO FORCE

Coming into force

6. (1) The following provisions come into force six months after the day this Act is assented to:

    (a) Paragraph (a) of the definition ``excluded product'' and subparagraph (a)(i) and paragraph (b) of the definition ``hazardous product'' as enacted by section 1 of this Act;

    (b) Paragraphs 3.1(1)(a) and (b) and subsections 3.1(2) and (3), as enacted by section 2 of this Act;

    (c) Paragraph 4.1(a) as enacted by section 3 of this Act; and

    (d) Sections 4 and 5 of this Act.

Coming into force

(2) The following provisions come into force twelve months after the day this Act is assented to:

    (a) Paragraph (b) of the definition ``excluded product'' and subparagraph (a)(ii) of the definition ``hazardous product'' as enacted by section 1 of this Act;

    (b) Paragraph 3.1(1)(c) and subsection 3.1(4) as enacted by section 2 of this Act; and

    (c) Paragraph 4.1(b) as enacted by section 3 of this Act.

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