Canada

What happens if a product I bought is dangerous or defective — who is responsible?

S.C. 2010, c. 2
Governing law
s. 7 & s. 8
Key sections
Health/safety
Risk standard
2020 SCC 35
Key case
The Short Answer

If a product you bought is dangerous or defective, the manufacturer or importer is legally responsible under the Canada Consumer Product Safety Act — they must not make, import, advertise, or sell unsafe products.

What the Law Says

The Canada Consumer Product Safety Act sets clear legal duties for businesses that make or bring consumer products into Canada. It places responsibility on those who control the supply chain — especially manufacturers and importers — to ensure products are safe before they reach consumers.

Under section 7, manufacturers and importers must not manufacture, import, advertise, or sell any consumer product that poses a danger to human health or safety.

Section 8 reinforces this by explicitly prohibiting the advertising or sale of such dangerous or defective products — even if the seller didn’t make or import it, selling it still violates the law.

A 'danger to human health or safety' means a condition or characteristic of a consumer product that could reasonably be expected to cause death or injury during normal or reasonably foreseeable use.

Statutory Text

Manufacturers and importers must not manufacture, import, advertise or sell consumer products that are a danger to human health or safety.

Canada Consumer Product Safety Act, s. 7 — Manufacturer and importer obligations
Statutory Text

Prohibits advertising or selling consumer products that are a danger to human health or safety.

Canada Consumer Product Safety Act, s. 8 — Advertising and selling

What Courts Have Said

Courts have clarified how liability applies when defective products cause harm — including economic losses — even without physical injury.

1688782 Ontario Inc. v. Maple Leaf Foods Inc.
Supreme Court of Canada · 2020

The Court held that a food manufacturer owes a duty of care to downstream business customers (like restaurant franchisees) for pure economic loss caused by supplying contaminated products — confirming that responsibility extends beyond just end consumers.

What to Do

1

Stop using the product immediately if it’s dangerous or defective.

2

Keep all packaging, receipts, and photos as evidence.

3

Report the issue to Health Canada via their online incident portal or by calling 1-866-662-0661.

4

Contact the seller, manufacturer, or importer to request a refund, replacement, or repair.

5

If you’ve been injured or suffered financial loss, consider seeking legal advice — you may have claims under both the Canada Consumer Product Safety Act and provincial consumer protection or tort laws.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.