The proposed Exemption Regulations (Consumer Products) to the Canada Consumer Product Safety Act (“CCPSA”) have now been published. The regulations would exempt retailers from preparing and maintaining certain documents in respect of a consumer product that they obtained by donation. Thus, they would not be required to maintain documents indicating the name and address of who they obtained the donated product from and the location where and the period during which they sold the donated product. This exemption benefits retailers such as thrift stores, some of which are associated with charitable organizations. This exemption does not apply to consumer products donated to a retailer by a manufacturer, importer or seller.
Despite the exemption, the other requirements of the CCPSA still apply. For example, retailers cannot sell a product that is a danger to human health or safety or is subject to a recall. For more information about the CCPSA, which came into force on June 20, 2011, see our bulletin “Bill C-36: The Impact of the Canada Consumer Product Safety Act on Advertising, Packaging, Labelling, Distribution and Testing of Consumer Products”.