Industry Guide to Canadian Requirements for Lighters
ISBN: 978-0-662-06304-9
Cat. No.: H128-1/08-558
HC Pub.: 4143
Help on accessing alternative formats, such as Portable Document Format (PDF), Microsoft Word and PowerPoint (PPT) files, can be obtained in the alternate format help section.
Table of Contents
Preface
The intent of this document is to provide information concerning lighters to manufacturers, importers, distributors and retailers regarding:
- child-resistance requirements;
- design requirements;
- performance requirements; and
- labelling requirements.
This guide is organized into several sections. The first provides an overview of Canadian lighter legislation targeted to industry and conveys basic information on the requirements to advertise, sell or import lighters in Canada. It is essential that the legislation discussed within this document is completely reviewed in order to understand what is included in these requirements. The definitions listed in this document should be studied to learn more about the terminology used by the Canadian lighter industry and to ensure that the type of lighter in which there is an interest is clearly identifiable.
Five checklists identifying non-luxury gas lighters, luxury gas lighters, utility gas lighters, non-luxury wick lighters and luxury wick lighters have been created to provide a step-by-step summary of the requirements for child-resistance, design, performance and labelling. This step-by-step format will assist industry by clearly outlining what is legally required to advertise, sell or import a lighter in Canada.
The Supplemental Information section addresses topics such as: lighter testing, additional labelling, transportation of dangerous goods, lighter fuel classification, creation of new legislation and changes to existing legislation. The Roles and Responsibilities Section outlines what is required and expected from government officials and those involved in the lighters industry to ensure the safety of lighters. The appendices provide contact information, laboratory information and additional resources.
This guide may be updated from time to time. For the most recent version, consult Reports and Publications in the Consumer Product Safety section of Health Canada's Web site at www.healthcanada.gc.ca/cps.
This document is an unofficial summary of the requirements for lighters. It is not intended to substitute for, supersede or limit the requirements under the applicable legislation. In case of any discrepancy between this summary and the legislation, the legislation prevails. For further information or specific questions, requests or clarification, contact a Health Canada Product Safety Office (refer to Appendix A - List of Health Canada Product Safety Offices, on page 25 of this document).
Legislation
Health Canada's Consumer Product Safety (CPS) works with collaborators and stakeholders to protect consumers and children from product-related hazards and to promote the safe use of products. Part I of the Hazardous Products Act (HPA) provides the authority to prohibit or restrict the advertisement, sale and importation of a variety of products; it is the legislation employed by CPS to establish regulatory controls. Industry is responsible to comply with the legislation.
Non-luxury, luxury, utility, gas and wick lighters advertised, sold or imported into Canada are subject to the HPA and the Lighters Regulations. Lighters are defined in the Lighters Regulations as "a device that has a fuel reservoir, whether detachable or not, and an integral means of ignition and that is used for domestic purposes or to ignite tobacco products." Child-resistance, design, performance and labelling requirements for lighters are specifically set out in the Lighters Regulations.
Enforcement actions taken by Health Canada Product Safety Officers on non-compliant products may vary and may include commitment to product correction by industry, negotiation with industry for the voluntary removal of these products from the market, and seizure and/or criminal prosecution under the HPA.
Definitions
- Child-Resistant Lighter
- a lighter is child-resistant when its surrogate lighter has been tested in accordance with one of the following test protocols and at least 85% of children who participated in the test were unable to cause the surrogate lighter to emit an audible or visual signal:
- the test protocol described in section 1210.4, without regard to sections 1210.4(a)(3) and (b)(1), of Title 16 of the Code of Federal Regulations of the United States, revised as of January 1, 2004; or
- in the case of a utility lighter, the test protocol described in section 1212.4, without regard to sections 1212.4(a)(3) and (b)(1), of Title 16 of the Code of Federal Regulations of the United States, revised as of January 1, 2004.
- Gas Lighter
- lighter that uses fuel liquified hydrocarbons, such as n-butane and isobutane, that have a gauge vapour pressure at 24°C greater than 100kPa.
- Lighter
- device that has a fuel reservoir, whether detachable or not, and an integral means of ignition and that is used for domestic purposes or to ignite tobacco products.
- Luxury Lighter
- lighter, other than a utility lighter, that is refillable and
- if it is manufactured in Canada, that has a value of more than C$2.50 on sale by the manufacturer; or
- if it is imported into Canada, that has a value for duty of more than C$2.50 as determined in accordance with section 46 of the Customs Act.
- Non-Luxury Lighter
- lighter that cannot be refilled or that may be designed to be refilled and
- if it is manufactured in Canada, has a value less than or equal to C$2.50 on sale by the manufacturer; or
- if it is imported into Canada, has a value for duty of less than or equal to C$2.50 as determined in accordance with section 46 of the Customs Act.
These lighters are commonly referred to as disposable lighters; but there are some refillable lighters with a value on sale by the manufacturer or a value of duty that is less than or equal to C$2.50 which therefore makes them non-luxury lighters
- Surrogate Lighter
- device used for testing purposes that
- approximates the appearance, size and weight of the lighter that it represents;
- is, within reasonable manufacturing tolerances, identical to the lighter that it represents in all factors that affect child-resistance, including the operation and force required for operation;
- has no fuel; and
- produces a clearly discernible audible or visual signal instead of a flame.
- Trade-mark
- word, a symbol, or a design (or a combination of these features), used to distinguish the wares or services of one person or organization from those of others in the marketplace.
- Utility Lighter
- lighter that is 100 mm or greater in length when it is in the fully extended position.
- Wick Lighter
- lighter that uses fuel liquid hydrocarbons, such as hexane, that have a gauge vapour pressure at 24°C not greater than 34 kPa.
Lighter Checklists
Lighter checklists have been developed for non-luxury gas lighters, luxury gas lighters, utility gas lighters, non-luxury wick lighters and luxury wick lighters. Each checklist outlines the requirements for child-resistance, design, performance and labelling. The criteria listed in each checklist must be met to ensure that a safe lighter is being advertised, sold or imported into Canada.
A. Non-Luxury Gas Lighters
1. Child-Resistance Requirements
All non-luxury gas lighters must be child-resistant as outlined in sections 4, 10 and 11 of the Lighters Regulations. Manufacturers and importers must:
- Possess a compliance certificate, in English or French, that states that the surrogate lighter has been tested and complies with the requirements set out in subsection 10(2) for child-resistance and includes:
- the name and address of the person who issued the certificate,
- the name and address of the manufacturer of the lighter, and
- the name and model of the lighter.
- Keep a copy of the compliance certificate for at least three years beginning on the date of manufacture or importation of the product.
- Provide test data to an inspector within 15 days of a request.
The mechanism or system that makes a lighter child-resistant shall:
- Reset itself automatically after each operation of the lighter's ignition mechanism.
- Continue to function effectively after each test set out in sections 5 to 10 of the schedule in the Lighters Regulations.
For detailed information on the child-resistance test protocol, refer to the Web site listed in Appendix C - Information Resources, on page 28 of this document.
2. Design Requirements
- As outlined in section 9, if a lighter has a device to adjust the flame height, the device must require the deliberate application by the user of a reasonable force.
3. Performance Requirements
The performance requirements are outlined in sections 12 to 15 of the Lighters Regulations. The tests include:
- Flame height test - to prevent dangerously high flames, failure to extinguish after 2 seconds and any abnormal burning behaviour.
- Inversion test - to prevent failure to extinguish after 2 seconds and any abnormal behaviour in the inverted position.
- Drop test - to ensure adequate structural integrity and to prevent rupture or rapid fuel loss when the lighter is subjected to mechanical shock.
- Temperature test - to prevent excessive fuel leakage at high temperatures.
- Pressure test - to ensure adequate structural integrity of the entire lighter assembly.
- Extended operation test - to prevent ignition of parts, expulsion of valve mechanism and rupture of the fuel reservoir.
Non-luxury gas lighters must meet the requirements set out in Test Method F-19, Test Method for Lighters. The test method requires that 250 sample elements be used from each manufactured lot. For detailed information on the lighter test method, refer to the Web site listed in Appendix C - Information Resources, on page 28 of this document.
4. Labelling Requirements
Labelling requirements are outlined in sections 5 to 7 in the Lighters Regulations. Every non-luxury gas lighter must have permanently marked on it, in such a manner that the mark shall remain clear and visible throughout its useful life:
- The name of the manufacturer, in Roman letters and Arabic numerals, or a trade-mark that is either registered in Canada or for which an application for registration in Canada is pending.
- The production lot (when more than one production lot is offered for sale).
- A symbol for flame height adjustment (if the lighter has such a device).
Non-luxury gas lighters must also have a label and/or an information sheet that is affixed or attached to the lighter at the point of sale and includes, in a clear and visible manner:
- The name and address of business of the
- manufacturer in Canada, or
- importer or distributor in Canada.
- A warning
"KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS"
or any other warning that gives the same meaning.
The above mentioned labelling information may also be marked:
- on the package, where the lighter is enclosed in a sealed package, or
- on the package, or on the instructions within the package, where the lighter is offered individually in an unsealed package.
Refillable non-luxury gas lighters must also have a label and/or an information sheet that is affixed or attached to the lighter at the point of sale and includes:
- A clear and legible warning, in English and French, to keep lighters and their fuels out of the reach of children.
- Refuel instructions that clearly set out, in English and French, the safe method of refuelling the lighter, including:
- information about the type of fuel to be used and a warning to use only that type of fuel, and
- a warning to ensure proper mating between the refill container and the fuel reservoir of the lighter.
B. Luxury Gas Lighters
1. Child-Resistance Requirements
As outlined in section 3 of the Lighters Regulations, luxury gas lighters are exempt from the child-resistance requirements. Manufacturers and importers of luxury gas lighters must:
- Keep records that show that the lighter qualifies as a luxury lighter by having a value on sale by the manufacturer or a value for duty of more than C$2.50.
- Keep records for six years beginning on the date of sale by the manufacturer or the date of importation, as the case may be, that identify the luxury lighter and that show the value on sale by the manufacturer or the value for duty to be more than C$2.50.
2. Design Requirements
- As outlined in section 8, at least one of the following manual operations must be required to achieve ignition of a luxury lighter:
- a deliberate action to produce and maintain a flame;
- at least two separate and distinct actions; or
- the application of a force equal to or greater than 15 N.
- As outlined in section 9, if a lighter has a device to adjust the flame height, the device must require the deliberate application by the user of a reasonable force.
3. Performance Requirements
The performance requirements are outlined in sections 12 to 15 of the Lighters Regulations. The tests include:
- Flame height test - to prevent dangerously high flames, failure to extinguish after 2 seconds and any abnormal burning behaviour.
- Inversion test - to prevent failure to extinguish after 2 seconds and any abnormal behaviour in the inverted position.
- Drop test - to ensure adequate structural integrity and to prevent rupture or rapid fuel loss when the lighter is subjected to mechanical shock.
- Temperature test - to prevent excessive fuel leakage at high temperatures.
- Pressure test - to ensure adequate structural integrity of the entire lighter assembly.
- Extended operation test - to prevent ignition of parts, expulsion of valve mechanism and rupture of the fuel reservoir.
Luxury gas lighters must meet the requirements set out in Test Method F-19, Test Method for Lighters. The test method requires that 30 sample elements be used from each manufactured lot. For detailed information on the lighter test method, refer to the Web site listed in Appendix C - Information Resources, on page 28 of this document.
4. Labelling Requirements
Labelling requirements are outlined in sections 5 to 7 in the Lighters Regulations. Every luxury gas lighter must have permanently marked on it, in such a manner that the mark shall remain clear and visible throughout its useful life:
- The name of the manufacturer, in Roman letters and Arabic numerals, or a trade-mark that is either registered in Canada or for which an application for registration in Canada is pending.
- The production lot (when more than one production lot is offered for sale).
- A symbol for flame height adjustment (if the lighter has such a device).
Luxury gas lighters must also have a label and/or an information sheet that is affixed or attached to the lighter at the point of sale and includes, in a clear and visible manner:
- The name and address of business of the
- manufacturer in Canada; or
- importer or distributor in Canada.
- A warning
"KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS"
or any other warning that gives the same meaning.
The above mentioned labelling information may also be marked:
- on the package, where the lighter is enclosed in a sealed package, or
- on the package, or on the instructions within the package, where the lighter is offered individually in an unsealed package.
Refillable, luxury gas lighters must also have a label and/or an information sheet that is affixed or attached to the lighter at the point of sale and includes:
- A clear and legible warning, in English and French, to keep lighters and their fuels out of the reach of children.
- Refuel instructions that clearly set out, in English and French, the safe method of refuelling the lighter, including:
- information as to the type of fuel to be used to refill the product and a warning to use only that type of fuel, and
- a warning to ensure proper mating between the refill container and the fuel reservoir of the lighter.
C. Utility Gas Lighters
1. Child-Resistance Requirements
All utility gas lighters must be child-resistant as outlined in sections 4, 10 and 11 of the Lighters Regulations. Manufacturers and importers must:
- Possess a compliance certificate, in English or French, that states that the surrogate lighter has been tested and complies with the requirements set out in subsection 10(2) for child-resistance and includes:
- the name and address of the person who issued the certificate,
- the name and address of the manufacturer of the lighter, and
- the name and model of the lighter.
- Keep a copy of the compliance certificate for at least three years beginning on the date of manufacture or importation of the product.
- Provide test data to an inspector within 15 days of a request.
The mechanism or system that makes a lighter child-resistant will:
- Reset itself automatically after each operation of the lighter's ignition mechanism.
- Continue to function effectively after each test set out in sections 5 to 10 of the schedule in the Lighters Regulations.
For detailed information on the child-resistance test protocol, refer to the Web site listed in Appendix C - Information Resources, on page 28 of this document.
2. Design Requirements
- As outlined in section 9, if a lighter has a device to adjust the flame height, the device must require the deliberate application by the user of a reasonable force.
3. Performance Requirements
The tests include:
- Flame height test - to prevent dangerously high flames, failure to extinguish after 2 seconds and any abnormal burning behaviour.
- Inversion test - to prevent failure to extinguish after 2 seconds and any abnormal behaviour in the inverted position.
- Drop test - to ensure adequate structural integrity and to prevent rupture or rapid fuel loss when the lighter is subjected to mechanical shock.
- Temperature test - to prevent excessive fuel leakage at high temperatures.
- Pressure test - to ensure adequate structural integrity of the entire lighter assembly.
- Extended operation test - to prevent ignition of parts, expulsion of valve mechanism and rupture of the fuel reservoir.
Utility gas lighters must meet the requirements set out in Test Method F-23, Test Method for Utility Lighters. The test method requires that 50 sample elements be used from each manufactured lot. For detailed information on the utility lighter test method, refer to the Web site listed in Appendix C - Information Resources, on page 28 of this document.
4. Labelling Requirements
Labelling requirements are outlined in sections 5 to 7 in the Lighters Regulations. Every utility gas lighter must have permanently marked on it, in such a manner that the mark must remain clear and visible throughout its useful life:
- The name of the manufacturer, in Roman letters and Arabic numerals, or a trade-mark that is either registered in Canada or for which an application for registration in Canada is pending.
- The production lot (when more than one production lot is offered for sale).
- A symbol for flame height adjustment (if the lighter has such a device).
Utility gas lighters must also have a label and/or an information sheet that is affixed or attached to the lighter at the point of sale and includes, in a clear and visible manner:
- The name and address of business of the
- manufacturer in Canada, or
- importer or distributor in Canada.
- A warning
"KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS"
or any other warning that gives the same meaning.
The above mentioned labelling information may also be marked:
- on the package, where the lighter is enclosed in a sealed package, or
- on the package, or on the instructions within the package, where the lighter is offered individually in an unsealed package.
Refillable utility gas lighters must also have a label or an information sheet that is affixed or attached to the lighter at the point of sale and includes:
- A clear and legible warning, in English and French, to keep lighters and their fuels out of the reach of children.
- Refuel instructions that clearly set out, in English and French, the safe method of refuelling the lighter, including:
- information as to the type of fuel to be used to refill the product and a warning to use only that type of fuel, and
- a warning to ensure proper mating between the refill container and the fuel reservoir of the lighter.
D. Non-Luxury Wick Lighters
1. Child-Resistance Requirements
All non-luxury wick lighters must be child-resistant as outlined in sections 4, 10 and 12 of the Lighters Regulations. Manufacturers and importers must:
- Possess a compliance certificate in English or French that states that the surrogate lighter has been tested and complies with the requirements set out in subsection 10(2) for child-resistance and includes:
- the name and address of the person who issued the certificate,
- the name and address of the manufacturer of the lighter, and
- the name and model of the lighter.
- Keep a copy of the compliance certificate for at least three years beginning on the date of manufacture or importation of the product.
- Provide test data to an inspector within 15 days of a request.
The mechanism or system that makes a lighter child-resistant shall:
- Reset itself automatically after each operation of the lighter's ignition mechanism.
- Continue to function effectively after each test set out in sections 11 and 12 of the schedule in the Lighters Regulations.
For detailed information on the child-resistance test protocol, refer to the Web site listed in Appendix C - Information Resources, on page 28 of this document.
2. Design Requirements
- As outlined in section 9, if a lighter has a device to adjust the flame height, the device must require the deliberate application by the user of a reasonable force.
3. Performance Requirements
The performance requirements are outlined in sections 16 and 17 of the Lighters Regulations. The tests include:
- Burn test - to prevent unsafe burning characteristics.
- Drop test - to prevent rupture or rapid fuel loss when the lighter is subjected to mechanical shock.
Non-luxury wick lighters must meet the requirements set out in Test Method F-19, Test Method for Lighters. The test method requires that 30 sample elements be used from each manufactured lot. For detailed information on the lighter test method, refer to the Web site listed in Appendix C - Information Resources, on page 28 of this document.
4. Labelling Requirements
Labelling requirements are outlined in sections 5 to 7 in the Lighters Regulations. Every non-luxury wick lighter must have permanently marked on it, in such a manner that the mark shall remain clear and visible throughout its useful life:
- The name of the manufacturer, in Roman letters and Arabic numerals, or a trade-mark that is either registered in Canada or for which an application for registration in Canada is pending.
- The production lot (when more than one production lot is offered for sale).
- A symbol for flame height adjustment (if the lighter has such a device).
Non-luxury wick lighters must also have a label and/or an information sheet that is affixed or attached to the lighter at the point of sale and includes, in a clear and visible manner:
- The name and address of business of the
- manufacturer in Canada, or
- importer or distributor in Canada.
- A warning
"KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS"
or any other warning that gives the same meaning.
The above mentioned labelling information may also be marked:
- on the package, where the lighter is enclosed in a sealed package, or
- on the package, or on the instructions within the package, where the lighter is offered individually in an unsealed package.
Refillable non-luxury wick lighters must also have a label and/or an information sheet that is affixed or attached to the lighter at the point of sale and includes:
- A clear and legible warning, in English and French, to keep lighters and their fuels out of the reach of children.
- Refuel instructions that clearly set out, in English and French, the safe method of refuelling the lighter, including:
- information about the type of fuel to be used and a warning to use only that type of fuel, and
- a warning to fill the lighter slowly, to avoid overfilling and to wipe dry the lighter and the user's hand before activating the lighter.
E. Luxury Wick Lighters
1. Child-Resistance Requirements
As outlined in section 3 of the Lighters Regulations, luxury wick lighters are exempt from the child-resistance requirements. Manufacturers and importers of luxury wick lighters must:
- Keep records that show that the lighter qualifies as a luxury lighter by having a value on sale by the manufacturer or a value for duty of more than C$2.50.
- Keep records for six years beginning on the date of sale by the manufacturer or the date of importation, as the case may be, that identify the luxury lighter and that show the value on sale by the manufacturer or the value for duty to be more than C$2.50.
2. Design Requirements
- As outlined in section 8, at least one of the following manual operations must be required to achieve ignition of a luxury wick lighter:
- a deliberate action to produce and maintain a flame;
- at least two separate and distinct actions; or
- the application of a force equal to or greater than 15 N.
- As outlined in section 9, if a lighter has a device to adjust the flame height, the device must require the deliberate application by the user of a reasonable force.
3. Performance Requirements
The performance requirements are outlined in sections 16 and 17 of the Lighters Regulations. The tests include:
- Burn test - to prevent unsafe burning characteristics.
- Drop test - to prevent rupture or rapid fuel loss when the lighter is subjected to mechanical shock.
Luxury wick lighters must meet the requirements set out in Test Method F-19, Test Method for Lighters. The test method requires that 30 sample elements be used from each manufactured lot. For detailed information on the lighter test method, refer to the Web site listed in Appendix C - Information Resources, on page 28 of this document.
4. Labelling Requirements
Labelling requirements are outlined in sections 5 to 7 in the Lighters Regulations. Every luxury wick lighter must have permanently marked on it, in such a manner that the mark shall remain clear and visible throughout its useful life:
- The name of the manufacturer, in Roman letters and Arabic numerals, or a trade-mark that is either registered in Canada or for which an application for registration in Canada is pending.
- The production lot (when more than one production lot is offered for sale).
- A symbol for flame height adjustment (if the lighter has such a device).
Luxury wick lighters must also have a label and/or an information sheet that is affixed or attached to the lighter at the point of sale and includes, in a clear and visible manner:
- The name and address of business of the
- manufacturer in Canada; or
- importer or distributor in Canada.
- A warning
"KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS"
or any other warning that gives the same meaning.
The above mentioned labelling information may also be marked:
- on the package, where the lighter is enclosed in a sealed package; or
- on the package, or on the instructions within the package, where the lighter is offered individually in an unsealed package.
Refillable luxury wick lighters must also have a label and/or an information sheet that is affixed or attached to the lighter at the point of sale and includes:
- A clear and legible warning, in English and French, to keep lighters and their fuels out of the reach of children.
- Refuel instructions that clearly set out, in English and French, the safe method of refuelling the lighter, including:
- information about the type of fuel to be used and a warning to use only that type of fuel; and
- a warning to fill the lighter slowly, to avoid overfilling and to wipe dry the lighter and the user's hand before activating the lighter.
Supplemental Information
Lighter Testing
Testing is done to determine that lighters are in compliance with the Canadian regulatory requirements and to ensure that non-compliant lighters are kept out of the Canadian marketplace. Health Canada's Product Safety Laboratory performs compliance testing and, for a fee, contract testing using Health Canada's standardized test method. Please note that contract testing by Health Canada does not represent approval, endorsement or indication of compliance with the Hazardous Products Act and the Lighters Regulations in any manner whatsoever.
However, a valid test report from one of the laboratories listed in Appendix B - Testing Laboratories for Lighters, on page 27 of this document, which indicates that the sample meets the test criteria, gives a reasonable level of confidence to industry and Health Canada that the lighter is being manufactured in such a manner that the final product is compliant with the performance requirements. Different manufactured lots of lighters need to be tested separately as any changes to the manufacturing process, handling or components can alter the product compliance.
For quality control purposes, manufacturers are encouraged to establish a statistically valid sample size of lighters and conduct lighter testing on a regular basis at the manufacturing facility prior to sale. It is incumbent upon the manufacturers, importers and distributors to always meet or exceed the requirements of the Lighters Regulations at the time of their sale to consumers.
Product Safety Laboratory Lighter Testing Training Services
Health Canada's Product Safety Laboratory offers a course which is intended for manufacturers and importers of lighters and laboratories who want to carry out testing to the Canadian Lighters Regulations. This is a three day course that gives participants hands-on instruction on the testing of different types of lighters regulated in Canada under the HPA. Topics include:
- information on the HPA and the Lighters Regulations;
- information on the test method and how to use it to evaluate lighters against the requirements of the regulations; and
- step-by-step instruction and practice using actual lighter samples.
The course takes place at the Health Canada Product Safety Laboratory in Ottawa, Ontario. Course dates are set up on request from two or more interested participants. For more course information such as contacts, location and fees, refer to Appendix B - Testing Laboratories for Lighters, on page 27 of this document.
Additional Labelling Requirements
In addition to the labelling requirements of the Lighters Regulations, labelling requirements for pre-packaged lighters exist under the Consumer Packaging and Labelling Act administered by the Competition Bureau of Industry Canada. The labelling requirements include:
- the product identity declaration (unless the product is visible through or pictorially represented on the package);
- the net quantity declaration (if there is more than one lighter per package); and
- the dealer's name and principal place of business.
Reference should be made to the Guide to the Consumer Packaging and Labelling Act and Regulations for further information on the required type size and location of labels. To access this information, refer to the Competition Bureau Web site listed in Appendix C - Information Resources, on page 28 of this document.
Transportation of Dangerous Goods
If lighters contain fuel, they need to be transported in a safe manner. It is essential for manufacturers, shippers, carriers, terminals, users and governments to continually work towards minimizing the risk of mishaps in the transportation of dangerous goods and the harm done by mishaps that do occur. Please contact the Transport Dangerous Goods Directorate of Transport Canada to learn more about what is required. Refer to the Transport Dangerous Goods Directorate Web site listed in Appendix C - Information Resources, on page 28 of this document.
Lighter Fuels
Lighter fuels available for sale to the public are subject to the HPA and the requirements set out in the Consumer Chemicals and Containers Regulations, 2001 (CCCR-2001). The CCCR-2001 establish classification criteria, labelling and packaging requirements for chemical products used by consumers. The classification criteria are based on a scientific assessment of the hazards that a product may pose during foreseeable use. Labelling and packaging requirements are determined from the product classification. Follow all the warnings and instructions listed on the lighter fuel container and ensure that the type of fuel used is compatible with the lighter. For additional information on the CCCR-2001, refer to Appendix C - Information Resources, on page 28 of this document.
Stay Informed
In Canada, proposals for new federal legislation or amendments to existing federal legislation are published in Part I of the Canada Gazette. New or amended federal laws are published in Part II of the Canada Gazette (www.canadagazette.gc.ca). The CPS section of the Health Canada Web site includes links to documents which describe regulatory initiatives (www.healthcanada.gc.ca/cps-industry). The Web site also provides other information for businesses, such as product safety news and updates. Check these Web sites regularly to stay informed.
Roles and Responsibilities
The roles and responsibilities of government and industry in protecting the health and safety of the public when they use lighters include, but are not limited to, the following:
A. Health Canada
- Develops and enforces the legislation.
- Educates and informs industry and consumers.
- Obtains samples as part of enforcement activities for testing to determine compliance with requirements in the Lighters Regulations.
- Monitors the marketplace, including following up on industry and consumer complaints, recalls by industry and other agencies or governments, and referrals from other agencies or governments.
For products that do not comply with the requirements of the Lighters Regulations:
- Takes enforcement actions which can include:
- providing a written warning for corrective action to be taken by industry;
- negotiating with industry to voluntarily discontinue the sale of products through removal, disposal or recall at industry's expense; and/or
- seizing non-compliant products and/or prosecuting industry under the HPA.
- Issues a public warning or advisory if the risk to the public is determined to be serious.
B. Lighter Manufacturers/Importers
- Ensure that products meet the requirements of Canadian legislation including the Lighters Regulations.
- Have lighters tested prior to sale in Canada. Products may be detained at the border if a complying test report cannot be provided.
- Test products regularly to ensure ongoing compliance with the Lighters Regulations.
- Before importing manufacturers' or importers' products, get proof of compliance including child-resistancy. Importing a known child-resistant lighter into Canada does not exempt manufacturers or importers from obtaining proof of compliance.
- Co-operate in any removal, disposal or recall from the marketplace of products should they be found to be non-compliant.
- Contact a Health Canada Product Safety Office (refer to Appendix A - List of Health Canada Product Safety Offices, on page 25 of this document) and work with a Product Safety Officer if considering entering the lighter business.
C. Lighter Distributors/Retailers
- Confirm with supplier(s) that the lighters meet the requirements of the Lighters Regulations.
- Look for a label indicating the Canadian name and address of the Canadian company responsible for the lighters along with the bilingual warning stating
"KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS"
. If this label is not present, do not purchase or sell the lighters.
- When notified of a removal, disposal or recall of a non-compliant product, immediately remove the affected product from sale and follow any other corrective actions that have been given.
Consumer Safety is a Shared Responsibility
Appendix A - List of Health Canada Product Safety Offices
- British Columbia and Yukon
- Burnaby
604-666-5003
bby_prodsafe@hc-sc.gc.ca
- Serves these locations in the United States: Alaska, California, Hawaii, Nevada, Oregon, Washington
- Alberta and Northwest Territories
- Manitoba and Saskatchewan
- Saskatoon
306-975-4502
sk_prodsafe@hc-sc.gc.ca
- Winnipeg
204-983-5490
mb_prodsafe@hc-sc.gc.ca
- Serves these locations in the United States: Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin
- Ontario and Nunavut
- Quebec
- New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island
- Fredericton
506-452-2405
atlantic_prodsafe@hc-sc.gc.ca
- Moncton
506-851-6638
atlantic_prodsafe@hc-sc.gc.ca
- Halifax
902-426-8300
atlantic_prodsafe@hc-sc.gc.ca
- St. John's
709-772-4050
atlantic_prodsafe@hc-sc.gc.ca
- Serves these locations in the United States: Alabama, Delaware, District of Colombia, Florida, Georgia, Kentucky, Maryland, Mississippi, South Carolina, Tennessee, Virginia, West Virginia
- Outside Canada and the United States
Appendix B - Canadian Testing Laboratories for Lighters
- National
- Product Safety Laboratory
Health Canada
1800 Walkley Road
Ottawa, Ontario
K1A 0L2
Tel: (613) 952-0853
Fax: (613) 954-8515
PSL-LSP@hc-sc.gc.ca
www.hc-sc.gc.ca/cps-spc/prod-test-essai/index-eng.php
- Quebec
- Micom Laboratories
556 Lepine Avenue
Dorval, Quebec
H9P 2V6
Tel: (514) 633-0078
Fax: (514) 633-7188
info@micomlab.com
Appendix C - Information Resources
Notice: For further information, contact a Health Canada Product Safety Office (refer to Appendix A - List of Health Canada Product Safety Offices, on page 25 of this document) or visit the following:
Consumer Product Safety
- Consumer Product Safety (CPS)
www.healthcanada.gc.ca/cps
- Hazardous Products Act and Lighters Regulations
laws.justice.gc.ca/en/H-3/index.html
- Method F-19, Test Method for Lighters
www.hc-sc.gc.ca/cps-spc/prod-test-essai/_method-inflammab/f-19-eng.php
- Method F-23, Test Method for Utility Lighters
www.hc-sc.gc.ca/cps-spc/prod-test-essai/_method-inflammab/f-23-eng.php
- Consumer Chemicals and Containers Regulations, 2001
www.hc-sc.gc.ca/cps-spc/legislation/acts-lois/consumerchemicals-eng.php
Other Departments and Agencies
- Canadian Intellectual Property Office of Industry Canada. Trade-marks
www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00002.html
- Competition Bureau of Industry Canada. Consumer Packaging and Labelling Act, Consumer Packaging and Labelling Regulations
www.competitionbureau.gc.ca
http://lois.justice.gc.ca/en/showtdm/cs/C-38
- Canada Border Services Agency. Customs Act
www.cbsa-asfc.gc.ca/agency-agence/legislation-eng.html
- Transport Canada. Transport Dangerous Goods Directorate
www.tc.gc.ca/tdg/menu.htm
Child-Resistance Test Protocol
- Code of Federal Regulations (CFR) Title 16, Part 1210, Safety Standard for Cigarette Lighters
www.access.gpo.gov/nara/cfr/waisidx_06/16cfr1210_06.html
- Code of Federal Regulations (CFR) Title 16, Part 1212, Safety Standard for Multi-purpose Lighters
www.access.gpo.gov/nara/cfr/waisidx_06/16cfr1212_06.html
- Health Canada is aware of various firms in the United States that have stated they can test child-resistant cigarette lighters and utility lighters according to 16 CFR 1210.4 and 1212.4. By providing this listing, Health Canada is not implying that it has approved, certified or endorsed these firms. This is a non-exhaustive list and other countries and other firms may be able to provide child-resistance lighter testing.
www.hc-sc.gc.ca/cps-spc/prod-test-essai/services-eng.php
Appendix D - Canadian Requirements for Lighters Checklist