加拿大CCPSA重要制度1.doc

The key provisions of the new CCPSABill C-52 in 2008, Bill C-6 in 2009, Bill C-36 in 2010,several times Amended the Proposal of CCPSA. Finally，it came into Law on November 15 in, and came into force on June 20, 2011.Amended definition of “danger to human health or safety”:To clarify the intent of the general prohibition and to acknowledge the inherent dangers of certain products (e.g., that knives are sharp), Bill C-6 amends the definition of “danger to human health or safety” to read: “any unreasonable hazard existing or potentialthat is posed by a consumer product during or as a result of its normal or foreseeable use and that may reasonably be expected to cause the death.or have an adverse effect on that individuals health including an injury.” Broad prohibition Consumer products prohibition: Broad prohibition against the manufacture, importation, advertisement or sale of any consumer products that are a danger to human health or safety. Consumer products are broadly defined to include components, parts and accessories that would be obtained by an individual for non-commercial purposes.The CCPSA applies to all consumer products except those specifically exempted from the Act. “consumer product” is defined broadly to include components, parts, accessories and packaging that may be obtained by an individual to be used for non-commercial purposes.Mandatory prohibition: No person shall manufacture, import, advertise or sell a consumer product listed in Schedule 2. No person shall manufacture, import, advertise or sell a consumer product that does not meet the requirements set out in the regulaions.Misleading or Deceptive information Prohibition: No person shall package or label a con-sumer product in a manner including one that is false, misleading or deceptivethat may reasonably be expected to create an erroneous impression regarding the fact that it is not a danger to human health or safety; or in a manner that is false, misleading or deceptive regarding its certification related to its safety or its compliance with a safety standard or the regulations. No person shall knowingly provide the Minister with false or misleading information in relation to a matter under this Act or the regulations.New power of the Minister of Health and GovernmentRecall:Before the CCPSA came into force，the rule is Voluntary recall，CCPSA set sup the mandatory recall. The Minister of Health would be able to order a manufacturer, importer or retailer to recall consumer products that are a danger to human health or safety. If the Ministers orders are not followed, the Minister may carry out the recall at the expense of the party that failed to conduct the recall. A review of the recall, if requested, must be completed within 30 days (subject to an extension of the review period by the review officer).Time-frame for review of inspectors orders: Under Bill C-52, a person subject to an inspectors order could request that the order be reviewed. However, the bill did not specify when the review had to be completed. To address stakeholders concerns about the amount of time it would take to have an inspectors order reviewed, Bill C-6 amends the wording to provide that a “review officer shall complete the review within a reasonable time ” and the person who has requested the review is to be notified “ without delay” of the reasons for the review officers decision. Disclose:Broad powers would allow the Minster of Health to disclose both personal information and confidential business information without consent.Comparing with Canada Hazardous Products Act（HPA），CCPSA some difference has on disclosure. Applies HPA, Ministers disclosure need consent.Where the Minister has reason to believe that a product, material or substance is a product, material or substance that may be included in a class listed in Schedule II by a regulation made pursuant to paragraph 15(1)(a), the Minister may, by registered mail, send a written notice to any person who is engaged in the business of manufacturing, processing, importing, packaging or selling the product. Every person to whom a notice referred to in subsection (1) is sent shall disclose to the Minister, in the manner and within the period specified by the Minister in the notice, any information described in that subsection that is requested in the notice and is in the possession of the person.Safety tests:Provides the Minister with the authority to order commercial manufacturers and importers to conduct consumer product safety tests or studies and provide the results of those tests.Regulation-making:Broad regulation-making powers would allow for regulations exempting, with or without conditions, a consumer product or class of consumer products from the application of the Act.Mandatory systemThe CCPSA represents a radical change to consumer product regulation in Canada. In particular, the provisions that require mandatory incident reporting and record-keeping by manufacturers, importers and sellers. This legislation brings Canadas regulation of consumer products more in line with the regulatory regime in the United States and has the potential to result in significant monetary penalties and increased class action and other litigation.Mandatory Reporting:Under the CCPSA, manufacturers, importers or sellers would be expected to report an incident within two days after the day on which they become aware of any “incident”. In addition to the two-day incident reporting report, the CCPSA states that a manufacturer or importer would be expected to provide a written report to Health Canada within 10 days of becoming aware of an incident. However, the legislation provides for Ministerial discretion to specify an alternative period of time.The CCPSA defines the term “incident” to include: an actual or potential serious injury caused by the product that occurs anywhere in the world; a defect or characteristic in the product that may lead to serious adverse health consequences for a product user；and incorrect or insufficient information on a label or in instructions (or lack thereof) that may lead to serious adverse health consequences for a product user.Mandatory Record-keeping: Manufacturers,importers,advertisers, sellers and testers of consumer products must maintain documentation that allows consumer products to be traced through the supply chain. Retailers must keep records of the name and address of the person from whom they obtained theproduct and all others must keep records of the name and address of the person from whom they obtained the product and to whom they sold it. These documentsmust be kept for six years at the Canadian place of business of the organization to whom the provision applies. And consumer product safety tests or studies information. Small claimsThe Small Claims Court Canada is administered autonomously by each province. The Small Claims Court does not always operate independently from the higher courts e.g. the Ontario Small Claims Court is attached to the Ontario Supreme Court of Justice, whilst the Manitoba Small Claims Court is connected to the Manitoba Court of Queens Bench. Small Claims Courts provide a fast, cost effective and easy way to resolve private disputes without the need for litigation lawyers.It is possible to take a claim to the Small Claims Court and present the evidence yourself. Small Claims Court CasesThe Small Claims Court Canada deals with private disputes against individuals or businesses. You cannot use the Small Claims Court to address criminal issues, disputes involving the ownership or title to land, claims resulting from a will, slander, libel, bankruptcy, false imprisonment or cases brought about with malicious intent. Examples of Small Claims Court cases include claims for damages resulting from car and motorcycle accidents, general debt issues resulting from defaults or failure to pay for goods, services or loans, poor workmanship e.g. problems with home or car repairs and breaches of contract.Small Claims Court Locations in CanadaEach province has several Small Claims Courts, which are usually located in key towns and cities. You must use the Small Claims Court location closest to the place where the incident occurred or the place where the person you are suing lives or conducts their business. Small Claims Court FeesGoing through the Small Claims Court is a much cheaper way of settling a dispute than going through a higher court; one of the main reasons for this is that you do not have to use a lawyer. If you cannot afford to pay the court fees, you need to fill in a Statement of Finances, which you can download or collect along with the other forms for the Small Claims Court.Small Claims JudgmentOnce the judge has made a decision on your case, all of the parties involved are sent a Certificate of Judgment. Once the defendant receives their copy of the Judgment, they should pay you. However, winning your case does not necessarily mean that you will receive the damages owed to you; in Toronto Small Claims Courts there are a number of procedures you can follow to recover your claim.Small Claims Court LimitsEach province sets its own Small Claims Court limit on the maximum amount of money that can be claimed via its Small Claims Courts. If you sue for an amount greater than the Small Claims Court limit stated below, you can still use the Small Claims Court, but you will not receive more than the provincial maximum if the court rules in your favour. You will also not be able to try to recoup the excess amount in another court.Small claims procedures in ChinaIn the traditional legislative model of the common law, small claims procedures are more likely to separate from the ordinary procedure, in civil law the small claims procedures are more likely to be regarded as ordinary procedures simplified or simplified procedures to be simplified. The two legislative model both exist advantages and disadvantages.With the legal impact of globalization, the difference between the two law systems is getting smaller and smaller. For example, Japan have introduced the small claims procedure completely. In China, the two views both have supporters between theorists and practitioners.Some scholars support the establishment of small claims system, in order to meet the parties target that at an affordable, convenient, quick way to access to justice. But on some issues need to be discussed. First is the target range in the small claims procedure, the unanimous opinion of property to the target amount of delimitation, the specific money payment cases, to exclude the personal aspects of litigation. Second, there is no agreement that to choose compulsorily applicable to small claims or selectively apply inconclusive. Third, whether to set up Judicial relief procedures. Most of the country for small claims is not absolutely the first instance of Final Appeal, the parties can also through certain procedures for relief, some can appeal within the statutory subject matter, scope, it must meet legal requirements. Goal of access to justice, there is Significantly difference between the goal of legislation and judicature, so the legislation comes out general rules. The duty to refine the general rules due to left the Supreme Court，whether the purpose will comeout or not.Some scholars believe that the small claims is the consequence of the first wave of Civil Procedure Law reform Access to Justice Access to Justice after World War II of the word; the second wave is the public interest and the Group litigation ; the third wave is Solving the Disputes through ADR. Therefore, the real trend of current development is not predigestion, but of ADR, particularly, is a statutory pre-mediation. The basically procedure of Small claims is non-litigation procedure, that emphasizing efficiency and low-cost, but simplified proceedings wil