public affairs analysis briefs

Analysis: The Consumer Product Safety Act (Bill C-6)

February 2009 | public affairs

Background

As one of the first pieces of legislation introduced in the new Parliament, Bill C-6 is clearly a priority for the Conservative government. It is, essentially, the same as Bill C-52 of the previous Parliament, but with some important changes based on feedback from stakeholders. This legislation – and other measures in the pipe – is designed to counteract impressions generated last year by the listeriosis outbreak, lead paint in children’s toys and other tainted products (many manufactured in China) that the Federal government was not able to respond effectively to threats to Canadians’ health and safety.

Highlights

• A General Prohibition against the manufacture, importation, advertisement or sale of consumer products that pose an unreasonable danger to human health or safety
• Expanding the scope of legislation to cover the manufacture of consumer products
• Mandatory Reporting of Incidents: requires industry to report when they have knowledge of a serious incident, or death, to provide an early warning to the government
• Ministerial Orders for Test/Study Results: requires manufacturers or importers to provide information on products when so ordered
• Packaging and Labelling: prohibitions on packaging, labelling or advertising that is false, misleading or deceptive, as it relates to health or safety
• Document Retention by Industry: facilitates product tracing throughout the supply chain, in particular in situations where a consumer product has been recalled
• Inspectors' Orders for Corrective Measures, including Recall: allows for rapid response to address an emerging problem, particularly in situations where industry fails to take appropriate steps
• Increased Fines and Penalties: provides stronger deterrents
• Administrative Monetary Penalties: allows for incremental penalties to deal with noncompliance; an effective tool in the enforcement continuum that includes criminal prosecutions

Analysis

This legislation is instructive as part of a larger tale of what may seem to some to be unlikely choices being made by a Conservative government, i.e. a trend towards more interventionist policies. Yet they fit into a larger pattern of initiatives where the Conservatives wish to paint themselves as defenders of the broad middle class – particularly of workers and families– that represent their most important voters. Many initiatives of this government are better understood in terms of micro-targeting of their voter pool than as part of any conservative ideology. For example, this helps explain why, when BPA was flagged as a potential concern in baby products two years ago, it was the Prime Minister himself who made the initial announcement – thereby earning any available points with mothers and other demographics. While there is no doubt a genuine concern vis-à-vis public safety after the critical mass of consumer product issues last year spurred the government to action, understanding how measures like C-6 line up against the government’s political drivers and demographic challenges is key to understanding both where there will be flexibility in the current bill and what is like to emerge as the next issue.

What it means to GCI clients

GCI’s Public Affairs team has a tremendous depth of understanding around a number of issues at play in a piece of legislation like C-6, including the political forces behind the bill, the implications on the public service and the likely response of a range of interested parties, including the opposition and the Upper House. Couple that with the impressive track record GCI has built around consumer product issues in other public relations spaces, and it becomes clear that no one is better equipped to represent your issues on Bill C-6 than GCI. We can work with you to understand the timelines, implications and opportunities to be heard around this issue and many others.

As of January 1st GCI Group has launched a new Public Affairs practice in Ottawa. With a balanced team of government relations professionals, GCI is able to speak to your issues on all sides of this fractious Parliament. In both Houses and in all Parties, GCI can help ensure you and your issues get the hearing they deserve.