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ARTICLE · 29 JULY 2010

Impact of Government Imposed Product Recalls on Class Actions in Canada

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With Bill C-36, introduced in the House of Commons by the federal Minister of Health, the Honorable Leona Aglukkaq, the Federal government proposes tougher rules and new enforcement tools to foster consumer product safety.

CanadaLitigation, Mediation & Arbitration
Fasken Martineau'S Product Liability Group
Fasken Martineau'S Product Liability Group
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Bill C-36 – Act Regarding the Safety of Consumer Products ("Bill C-36")

With Bill C-361, introduced in the House of Commons by the federal Minister of Health, the Honorable Leona Aglukkaq, the Federal government proposes tougher rules and new enforcement tools to foster consumer product safety.

Imposed Product Recalls

Among other means at its disposal, Health Canada will now have the authority to order the recall of hazardous consumer products2. Currently, it is up to the industry to voluntarily recall products as the government can only suggest the withdrawal of products from the market. Bill C-36 will change that by allowing the Minister to order a manufacturer, importer or seller of a commercial product to recall it "if the Minister believes on reasonable grounds that a consumer product is a danger to human health or safety"3.

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