Product Safety and Recalls in Quebec
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The federal Canada Consumer Product Safety Act (CCPSA) gives Health Canada the power to order mandatory recalls of unsafe consumer products. Manufacturers and importers must report serious incidents — including injuries, deaths, and defects — to Health Canada.
Penalties for breaking the rules are serious: up to $5 million in fines and/or 2 years in prison. Some products are banned outright, including baby walkers.
You can report unsafe products and check the recall database at healthycanadians.gc.ca.
When does it apply?
- Covers all consumer products manufactured, imported, advertised, or sold in Canada.
- Does not cover food, drugs, cosmetics, medical devices, or vehicles — those fall under separate legislation.
What to Do If a Product Injures You or Is Recalled in Canada
- Check recalls regularly at healthycanadians.gc.ca, especially for children's products.
- Stop using recalled products immediately and follow the recall instructions.
- Report unsafe products to Health Canada if something injures you or seems dangerous.
- Keep your receipts — you may need them to get a refund or replacement.
- Seek medical attention right away if you are injured by a product.
What should you NOT do?
- Don't ignore recall notices — recalled products can cause serious injuries or death.
- Don't keep using a recalled product even if it seems fine. The risk may not be obvious.
- Don't assume the government tests every product before it goes on sale — they don't.
- Don't throw away a defective product before documenting the problem with photos and notes. You may need it as evidence.
How Quebec differs from federal law
Product safety in Quebec is covered by both federal law (Canada Consumer Product Safety Act) and the Consumer Protection Act (Loi sur la protection du consommateur, CQLR c P-40.1). Quebec's consumer protection framework adds significant provincial protections beyond federal law.
- The Consumer Protection Act provides legal warranties that go beyond what many other provinces offer. Every product sold must be durable in normal use for a reasonable period of time (section 38). This means a product that fails prematurely may entitle you to a remedy even after the manufacturer's warranty has expired.
- The Act also contains a fitness for purpose warranty: goods must correspond to descriptions given by the seller and must be fit for the purpose for which they are normally used (sections 37-38).
- These warranties cannot be waived or excluded by contract. Any clause in a contract that attempts to limit or exclude these warranties is void (section 262).
- The Office de la protection du consommateur (OPC) enforces the Consumer Protection Act and receives consumer complaints about defective products and unfair business practices.
- Federal product recalls are managed by Health Canada, but Quebec consumers can also seek remedies under the provincial Consumer Protection Act for recalled or unsafe products.
Additional Steps in Quebec
If you purchased a defective product, first contact the seller or manufacturer. If they refuse a remedy, file a complaint with the OPC (Office de la protection du consommateur) at opc.gouv.qc.ca or 1-888-672-2556. You can also take legal action in Small Claims Court for amounts up to $15,000. For product recalls, check Health Canada's recall database at recalls-rappels.canada.ca.
Relevant Law: Consumer Protection Act (CQLR c P-40.1), ss. 37-39, 53, 262; Canada Consumer Product Safety Act (SC 2010, c 21)
Common Questions
When does product safety and recalls apply?
Covers all consumer products manufactured, imported, advertised, or sold in Canada.Does not cover food, drugs, cosmetics, medical devices, or vehicles — those fall under separate legislation.
What should I do if a product I bought in Canada injured me or was recalled?
Check recalls regularly at healthycanadians.gc.ca, especially for children's products.Stop using recalled products immediately and follow the recall instructions.Report unsafe products to Health Canada if something injures you or seems dangerous.Keep your receipts — you may need them to get a refund or replacement.Seek medical attention right away if you are injured by a product.
What mistakes should I avoid with product safety and recalls?
Don't ignore recall notices — recalled products can cause serious injuries or death.Don't keep using a recalled product even if it seems fine. The risk may not be obvious.Don't assume the government tests every product before it goes on sale — they don't.Don't throw away a defective product before documenting the problem with photos and notes. You may need it as evidence.
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