1. Canada Consumer Product Safety Act (CCPSA)

This Act mandates that all consumer products sold in Canada must not pose a danger to human health or safety. Vendors are prohibited from advertising or selling products that are unsafe, subject to recall, or do not meet regulatory requirements. It also prohibits false or misleading labeling or advertising of products.

2. Consumer Packaging and Labelling Act (CPLA)

Under the CPLA, prepackaged consumer products must bear accurate and meaningful labeling information, including:

  • Product identity
  • Net quantity
  • Dealer identity
  • Bilingual labeling (English and French)
    This ensures consumers can make informed purchasing decisions.

3. Health Canada Regulations

Health Canada oversees the safety of consumer products and cosmetics. Vendors must ensure that their products comply with the Canada Consumer Product Safety Act and the Food and Drugs Act, which includes regulations for cosmetics. It’s important to note that Health Canada does not pre-approve products before they are sold; however, they monitor products on the market and can take action if products are found to be unsafe.

Vendor Responsibilities for Product Listings

4. Incident Reporting

  • Report to Canko any safety-related incidents to Health Canada within (2) two days of becoming aware of the issue.
  • Cooperate with Health Canada in the event of a product recall or safety investigation and notify Canko.
  • Keep informed at all times on the safety-related recalls of all your products.

Marketplace Policies and Best Practices

5. Product Listing and Selling

  • Product Listings: Ensure that all product listings are accurate, do not infringe on intellectual property rights, and do not contain defamatory or discriminatory content.
  • Restricted Products: Do not list products that are counterfeit, replicas, or knock-offs.
  • Deceptive Practices: Avoid engaging in deceptive trade practices, such as phishing or misleading advertising.
  • Consumer Empowerment: Provide clear and accurate product descriptions, ingredient lists, labels, instructions for use, warnings, and certification information in both English and French where applicable.

Additional Considerations

6. Other Applicable Considerations

  • Provincial Regulations: Be aware that provinces may have additional requirements, such as the Charter of the French Language in Québec, which mandates that labels be in French.
  • Advertising Claims: Ensure that any claims made about the product’s performance or efficacy are substantiated by adequate and proper testing.
  • Permission to Use: Ensure that photos, pictures, videos, logos, patents, and trademarks used in your product sales are free from exclusive rights to a company or person.
  • Consumer Protection: Understand that provincial consumer protection laws establish implied warranties of quality for consumer goods and consumer cancellation rights for online sale agreements.

7. Definition of Confidential Information

 “Confidential Information” includes but is not limited to:

  • Customer names, addresses, emails, phone numbers, and payment details
  • Purchase history, preferences, and communications
  • Any information protected under PIPEDA or applicable provincial privacy laws (e.g., Québec’s Bill 64)

8. Obligations of the Vendor

The Vendor agrees to:

  • Limit access to customer data only to those employees or contractors who need it for fulfillment or customer service purposes.
  • Use data only for purposes directly related to order processing, delivery, and after-sales support.
  • Protect customer data with industry-standard security measures (e.g., encryption, secure storage).
  • Not sell, lease, or disclose any customer data to third parties.
  • Notify the Platform immediately of any suspected data breach or unauthorized access.
  • Comply with Canadian privacy laws, including but not limited to PIPEDA, and any relevant provincial privacy legislation.

9. Retention and Disposal

The Vendor shall:

  • Retain customer data only as long as necessary to fulfill its obligations.
  • Permanently delete or anonymize personal data when it is no longer needed, using secure deletion methods.
  • Provide confirmation of deletion if requested by the Platform.

10. Data Breach Notification

In the event of a breach, the Vendor must:

  • Notify the Platform within 48 hours of discovery.
  • Cooperate fully with the Platform in investigating and remedying the breach.
  • Assist with any required notifications to affected customers or regulatory bodies, if necessary.

11. Audit and Compliance

  • The Platform reserves the right to request a compliance audit or certification of the Vendor’s data handling practices.
  • Vendor must promptly provide documentation or access as needed to verify compliance.

12. Term and Termination

  • This Agreement remains in effect as long as the Vendor has access to customer data.
  • Upon termination of the Vendor relationship, the Vendor must return or securely destroy all confidential information.
  • Use of any information from Canko will be considered “theft” or. “solicitation” of client data.
  • Solicitation is prohibited at all times.

By adhering to these guidelines and regulations, vendors can ensure that their product listings are compliant with Canadian laws and contribute to a safe and trustworthy online marketplace for consumers.