Mandatory Reporting
Transcript - Mandatory Reporting
Because product safety is in everyone's best interest, everyone has a role to play. The Canada Consumer Product Safety Act clearly defines industry's obligations, helps consumers to make informed choices about the products they purchase, and provides government with the tools to take action when necessary.
This reporting requirement under Section 14 serves as a wide net for the department to get a broader understanding of what human health or safety-related incidents concerning consumer products are occurring in Canada.
Industry has several obligations under the Canada Consumer Product Safety Act and one of these is Mandatory Reporting. Requirements for mandatory incident reporting are found at section 14 of the Act.
Industry must report to Health Canada after becoming aware of a health or safety incident involving their consumer product.
Mandatory Reporting obligations apply to people or companies who manufacture, import, sell or distribute consumer products for commercial purposes.
Sometimes, a person in the supply chain may have more than one role. For example, as part of industry, you may both manufacture and sell consumer products in Canada. Someone else who is part of industry may both import and sell consumer products in Canada.
If you have one role, you will report at that level of trade. If you have more than one role, Health Canada expects reports for only your highest role in the supply chain for that product. For example, if you both sell and import the product, you will submit reports as an importer. If you both sell and manufacture the product, you will submit reports as a manufacturer.
When industry learns about something that has occurred with any of its consumer products, this is called an event. Some events are incidents. Some are not.
It is industry's responsibility to determine if an event involving their product is an incident that must be reported to Health Canada.
What is an incident?
To decide whether an event is an incident, ask yourself this question: does the event meet one of the four criteria set out in section 14 of the Canada Consumer Product Safety Act?
- Something that happened in Canada or somewhere else that resulted or may reasonably have been expected to result in death or serious negative impacts on health.
- A defect or characteristic of the product that may reasonably be expected to result in death or serious negative impacts on health.
- Incorrect or not enough information on a label or instructions—or the lack of a label or instructions—that may reasonably be expected to result in death or serious negative impacts on health.
- A recall or other action taken in Canada or elsewhere based on concerns about human health or safety.
Once industry has determined that an event meets one of those criteria, they are aware of an incident.
There are then timelines outlined in the Act for reporting an incident.
Under sub-section 14(2): a company must report to Health Canada and the company from whom they received the product within 2 days after the day they became AWARE.
Under sub-section 14(3): Manufacturers and importers have an additional reporting obligation to provide a follow-up report to Health Canada within 10 days after the day upon which they became AWARE, with further information, including proposed corrective measures.
These reports contribute to Health Canada's unique, national perspective on consumer product safety across a wide range of products. They also help assess and identify possible or emerging hazards with consumer products.
Companies are encouraged to use the online form to report an incident involving a consumer product, as it includes specific sections for all necessary information. When in doubt, report.
For more information about Mandatory Reporting, including guidance on how to report an incident, please visit our website at www.canada.ca/health OR type Report a Product into your search engine.
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