Bill C-36 passed

[physique]

Hello, again. I just wanted to let you know that Bill C-36 passed in the Senate Monday night by a majority vote. Amendments designed to preserve the rights of Canadian citizens were defeated. You can read more about it on my blog by clicking here<http://www.albertasenator.ca/hullabaloos/?article&543>.

Bill C-36: An Act respecting the safety of consumer products
Product Liability Bulletin
June 2010



The Federal Government will have the Power to Order Recalls
Bill C-36 respecting the Safety of Consumer Products: the Federal Government Proposes Tougher Rules for Consumer Product Safety and New Enforcement Tools.

On June 9th, 2010, the Honourable Leona Aglukkaq, Federal Minister of Health, introduced in the House of Commons Bill C-36 – An Act respecting the safety of consumer products.

This Bill will bring about changes to the current legislation, namely the Hazardous Products Act, which dates back more than 40 years. The economic reality has changed significantly since, and in the context of today's economy, the federal government believes that the rapid development and wide variety of consumer products available to consumers warrant this legislative update.

New Tools
The new Bill C-36 aims at better protecting the health and safety of Canadians and provides, among other things, the following new tools:

Recall

Health Canada will have the authority to order the recall of hazardous consumer products. Currently, it is up to the industry to voluntarily recall products, as the government can only suggest the withdrawal of the products from the market.

Prohibition

Bill C-36 proposes prohibiting the manufacturing, importing, advertising, labeling, packaging and selling of consumer products that represent an existing or potential danger to human health or safety.

Reporting

The industry will henceforth be required to report any serious incident or death linked to its products, as well as any action taken for human safety reasons, in order to provide Canadian experts with all the information necessary to make sound and informed decisions.

Tests or Studies

The government will have the power to request from manufacturers and importers test or study results on their products.

False or Deceptive Health or Safety Claims

Any false or deceptive health or safety claims on consumer product packages or labels will become illegal.

Tracking System

Companies will now be required to retain any documents allowing the tracing of products throughout the supply chain.

Fines

Bill C-36 provides for an increase of fines and penalties for non compliance. The fines will vary depending upon the provisions breached ranging anywhere between $250,000 and $5,000,000. The Bill also provides possible imprisonment for a maximum term varying between six (6) months and two (2) years depending upon the provisions breached

[pattymitch]

so does this mean alcohol and tobacco are illegal?? they both pose a threat to human health.

Prohibition
Bill C-36 proposes prohibiting the manufacturing, importing, advertising, labeling, packaging and selling of consumer products that represent an existing or potential danger to human health or safety.

[Prisoner#22]

so does this mean alcohol and tobacco are illegal?? they both pose a threat to human health.

Prohibition
Bill C-36 proposes prohibiting the manufacturing, importing, advertising, labeling, packaging and selling of consumer products that represent an existing or potential danger to human health or safety.

Good point!

[BMac]

so does this mean alcohol and tobacco are illegal?? they both pose a threat to human health.

Prohibition
Bill C-36 proposes prohibiting the manufacturing, importing, advertising, labeling, packaging and selling of consumer products that represent an existing or potential danger to human health or safety.

That would make too much sense, but with all the money they make off taxing said products we know that would never happen

[Feenom]

Maybe I'm not understanding it correctly but what seems to be the problem? The blog guy says it takes away the rights of Canadian citizens. Why? I agree it's stupid not to include cigarettes and alcohol in there but when I read what it outlines I see it protecting the citizen and holding the guys who make it accountable for putting out false claims or dangerous products.

[bigtavi8]

I understand the bill and the arguments i am just anxious to see what products they deem to be DANGEROUS to our health. Now that this bill is passed ppl like physique and other nutrition stores are in a way at mercy to the government because they get to choose whats safe and whats not. I hope we don't lose any effective good selling products in the supp market cuz thats not good for the consumers or the business owners alike.

[bigtavi8]

I promise this is my last rant but take this into consideration.

The more time goes on in the Canadian Goverment the more they dillute us as a population and grip us into materialism. The more power over us they gain the more rights and freedoms we lose. When will it end. Its crazy to say we are even democratic when we really all dont have a say and its in the hands of FEW ppl who we have voted in to represent us all. How can one group of ppl think that they can represent an entire diverse population.

They wonder why people are not happy with the way government runs things. A tonne of us wrote letters expressing our concerns and it didnt do shit.

[RagingRandy]

Maybe I'm not understanding it correctly but what seems to be the problem? The blog guy says it takes away the rights of Canadian citizens. Why? I agree it's stupid not to include cigarettes and alcohol in there but when I read what it outlines I see it protecting the citizen and holding the guys who make it accountable for putting out false claims or dangerous products.

Refer to the vids in this post.... http://www.canadabodybuilding.com/forums/showthread.php?t=19936

[RagingRandy]

I just received this email.....

OBITUARY FOR THE RULE OF LAW

Rule of Law – Born June 15, 1215, died December 13 2010

It is with sadness and the deepest of regrets that we announce the death of the Rule of Law in the area of consumer products. Born in England with the Magna Carta, the Rule of Law immigrated to Canada and flourished. She influenced Courts and politicians alike. Despite the odd set-back, everyone thought she was alive and well. Her influence seemed to be wide-spread, supported by Canadians from coast to coast who enjoyed the protection from state excess that she provided. At times great fanfare accompanied efforts to ensure that she would live among us forever. Most notable of these efforts was the Canadian Bill of Rights in 1960, and the Canadian Charter of Rights and Freedoms in 1982.

In retrospect it is clear that the environment that led to Her death was the complacency of the very citizens she was so diligent in protecting. We so believed that she would be among us forever, that we were not watching to see that she was in danger. Sadly the danger struck quickly. With the exception of brave Liberals in the Senate, all four parties in Parliament rammed the Consumer Product Safety Bill (C-36) through Parliament in record time. The Rule of Law was blind-sided by the Bill, and despite efforts to revive Her, She was declared dead by the Senate on December 13 2010

With Her passing, the state can now take control over private property in the area of consumer products, and in some cases keep the property, without any Court supervision of any kind. This can be done in secrecy, so that the rest of us will not know of families being destroyed by unchecked state discretion. State discretion without independent Court supervision (see the definition of Tyranny in any dictionary) is the anathema to the Rule of Law, and led to her demise.

The Family, the grieving citizens of Canada, requests that instead of flowers, donations be given to those groups seeking to preserve the few fundamental freedoms that, although under attack, are still on the endangered species list.

Written by Shawn Buckley for the NHPPA – www.nhppa.org. The NHPPA is a proud sponsor of the Charter of Health Freedom – www.charterofhealthfreedom.org.

[Stephan514]

Maybe I'm not understanding it correctly but what seems to be the problem? The blog guy says it takes away the rights of Canadian citizens. Why? I agree it's stupid not to include cigarettes and alcohol in there but when I read what it outlines I see it protecting the citizen and holding the guys who make it accountable for putting out false claims or dangerous products.

I agree completely.

[physique]

Maybe I'm not understanding it correctly but what seems to be the problem? The blog guy says it takes away the rights of Canadian citizens. Why? I agree it's stupid not to include cigarettes and alcohol in there but when I read what it outlines I see it protecting the citizen and holding the guys who make it accountable for putting out false claims or dangerous products.

what i posted above isnt even close to what this bill is all about.

heres another thing for you guys to read. ask yourselves if this infringes on your legal rights. as it does. we all know the words "reasonable grounds" are often stretched. and it will be in this case as healh canada is controlled by big pharmaceutical companies. So for how this bill effects health food suppliers like me and the rest of the sponsors on this board. its scary, as it could very well effect our livlihood and wipe out the entire industry in one swoop.


The fight over the freedom to buy natural health products is far from over, according to a Kamloops lawyer.

Shawn Buckley, president of the Natural Health Products Protection Association, told the Georgia Straight by phone that he believes Bill C-36, federal legislation concerning the safety of consumer products, is a “Trojan horse” for reintroduction of controls over natural remedies.

In 2008, the Conservatives didn’t proceed with a contentious health bill known as Bill C-51, which enraged vendors of herbs, supplements, and other natural remedies. “Now, this is just pure speculation, but I think they didn’t want the uproar over Bill C-51 again,” Buckley said. “So they said, ‘Well, let’s see if we can get half of it through [as C-36].’ ”

Bill C-36, which has already gone through first reading in Parliament, states that it will “protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada”, including those that are imported. Products listed in Schedule 1, including firearms and crossbows, will be exempted. Various items in Schedule 2, such as insulation that contains urea formaldehyde, would be banned.

Section 4 (3) of Bill C-36 explicitly exempts natural health products from enforcement provisions, which include allowing Health Canada inspectors to enter private property if there are “reasonable grounds”, carry out inspections, and seize products for testing.

Buckley said that even if the food and drug issue weren’t in the background, “Bill C-36 as it is now is a huge sea change in our legal landscape.”

Right now, Buckley said, “the state cannot take control over your property and gain ownership of it and destroy it and all of these fun things without involving the courts.” However, he noted that Section 21 2 (d) of Bill C-36 allows inspectors to “detain for any time that may be necessary” property found on-site, with no warrant needed and the courts not having to be informed.

Buckley said he wonders whether or not the Conservatives will reintroduce Bill C-51 and apply the same provisions. Health Minister Leona Aglukkaq was unavailable for an interview.

Liberal health critic Carolyn Bennett, a physician and onetime health minister, told the Straight Bill C-51 will find a way back. “I think it will, but I am not sure it’s at the top of their priority list, because it caused so much [of a] problem last time,” Bennett said by phone from Toronto.

But Buckley sees a wider danger. “So it [Bill C-36] sails through the House, and then they reintroduce Bill C-51, and everyone gets all upset and says, ‘You cannot give Health Canada inspectors all these powers.’ Then Health Canada will say, to the media and to Parliament and to the whole world, ‘Wait a second, we already have those powers, those very powers you are worried about, for consumer products,’ ” Buckley said. “ ‘All we’re trying to do is harmonize so there is one set of powers.’ ”

At that stage, according to Buckley, it will be harder to mobilize opposition against Health Canada’s inspectors if the agency argues that those powers are already out there.

NDP health critic Megan Leslie told the Straight she disagrees with Buckley on the Trojan horse theory, but she said: “Something has to be done to deal with natural health products to ensure that they are safe for Canadians.

“Do I think that they should still be treated like pharmaceuticals? No. Do I think 51 was the answer? No. But we still need to have a balanced approach to natural health products. Saying this, I have natural-health-product industries in my [Halifax] riding. I am cognizant of their worries. I want to support them.…but we also need to protect the health of Canadians.”

[Definate]

I'm Canadian and this is a Canadian board. But I have to admit Canada is going to hell in a hand basket very, very fast!

It all started with that piece of shit Brian Mulroney and bringing in all the tax and trade agreements he did. And the attitude is now, if Mulroney can do it so can we.
McGuinty has increased tax with HST, Hydro is going up further, Miller has ****ed Torontonian's beyond belief. This is not a democratic country. It is Socialism at in its worst form and I want out!

[Andre Gregoire]

The following are all good for the general public in my opinion:

-Health Canada will have the authority to order the recall of hazardous consumer products
-The industry will henceforth be required to report any serious incident or death linked to its products
-The government will have the power to request from manufacturers and importers test or study results on their products.
-Any false or deceptive health or safety claims on consumer product packages or labels will become illegal.

I agree that manufacturers should be nervous but for consumers I don't see why this isn't a good thing.

[Definate]

so does this mean alcohol and tobacco are illegal?? they both pose a threat to human health.

Prohibition
Bill C-36 proposes prohibiting the manufacturing, importing, advertising, labeling, packaging and selling of consumer products that represent an existing or potential danger to human health or safety.


That will never happen because it all boils down to $$$$. The Government is the only one allowed in Canada to sell you alcohol. There is a tremendous tax that is brought in from Cigarettes as the government induces strict trade with it. The Government does not care about your health btw. It's all about the revenue they bring in. That's why I hate lawyers. They are the majority of the politicians that we have today. The majority were all lawyers at one time.

There is no cosa nostra (mob) more powerful than the Government. They are the true mafia.

[JacktheThriller]

another useless law that doesnt keep anyone safe. Illusion of security might be the governments most persuasive tool in making us pay through the nose

in reality they have no power but the power we give them. If we as a nation could learn to say no to some of these ridiculous laws, what are they going to do pass the law and throw everyone in prison, course not theres no money in putting people in prison. If we did say no however they would say "Your right this bill is ridiculous" because the government is only about saving their own sack.

We really need a new kind of leader because this is getting so ****ing ridiculous.

This bill isn't goin to be this bill, more will follow. Its basic psychology called the foot-in-the-door tactic. You can easily get people to agree to large requests if they have previously granted a smaller one. People like to make decision that are congruent with their past, and subsequent request that are greater in size dont seem so big now.

[cog]

It appears the large drug companies could gain more control.