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Consumer Product Safety

Quick Reference Guide to the Hazardous Products Act for Manufacturers, Importers, Distributors and Retailers - 2009

2009
ISBN: 978-0-662-05646-1
Cat. No.: H128-1/08-530
HC Pub.: 4087

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Table of Contents

Introduction

Consumer Product Safety of Health Canada establishes and enforces safety standards for consumer products. Our general mandate, under the Hazardous Products Act, includes "any product, material or substance that is or contains a poisonous, toxic, flammable, explosive, corrosive, infectious, oxidizing or reactive product... (which) is or is likely to be a danger to the health and safety of the public; or any product designed for household, garden or personal use, for use in sports or recreational activities, as lifesaving equipment or as a toy, plaything or equipment for use by children... (which) is or is likely to be a danger to the health or safety of the public because of its design, construction or contents."

This information has been prepared to provide an overview of the legislation. It is not intended to substitute for, supersede or limit the requirements under the legislation. In case of any discrepancy between this summary and the legislation, the legislation will prevail. Take note that in some cases, more than one federal Act and/or provincial/territorial legislation may apply to the listed products in the attached tables. Updates to this document will be posted on the Health Canada Web site at: www.healthcanada.gc.ca/cps

The Hazardous Products Act, as it relates to consumer products, consists of two parts. Items included in Part I of Schedule I (see Table 1) are banned from import, sale and advertisement in Canada. Products included in Part II of Schedule I (see Table 2) must meet specific regulations in order to be imported, sold or advertised in Canada.

Table 3 lists voluntary standards which may apply to some products. These standards have been negotiated between industry and government.

Table 4 lists products that are not regulated but are of concern.

Cosmetic preparations are subject to the provisions of the Food and Drugs Act (http://laws.justice.gc.ca/en/F-27/index.html) and its Regulations regarding composition, safety, labelling and advertising.

For more information on the above, contact the Consumer Product Safety office of Health Canada nearest you (see Table 5).

Pre-packaged non-food consumer products are also subject to the Consumer Packaging and Labelling Act and the Consumer Packaging and Labelling Regulations with respect to bilingual labelling, false and misleading representations and net quantity declarations. Many consumer textile products are also subject to the labelling requirements set out in the Textile Labelling Act and the Textile Labelling and Advertising Regulations.This information can be found at the Industry Canada Web site: www.competitionbureau.gc.ca

The Canadian Environmental Protection Act (CEPA) may also place restrictions on substances used in some of these products.This information can be found at the Chemical Substances Portal: www.chemicalsubstances.gc.ca

Table 1 - Banned Items

Hazardous Products Act - Part I of Schedule I
http://laws.justice.gc.ca/en/H-3/index.html
Product Banned Condition(s) Item #
Aerosol containers containing vinyl chloride 23
Audible signal appliances,
control units, smoke
detectors, heat detectors for
use in fire alarm systems in
the home
that do not meet ULC standards 33
Baby walkers that are mounted on wheels or a similar device with an enclosed area, supporting the baby with his or her feet touching the floor and enable horizontal movement of the walker 12
Balloon blowing kits containing any organicsolvent where the vapours of the solvent can be released during use 21
Bathtub enclosures, shower doors, storm doors, exterior doors for household use that are made of glass or that contain a pane of glass that are not constructed of safety glass 17
Bed linen (sheets, pillowcases, blankets, mattress pads, comforters, sleeping bags) having a flame spread of 7 seconds or less for non-raised fibres; having a flame spread of 7 seconds or less and exhibiting base burn for raised fibres 13
Candles that relight spontaneously once extinguished 29
Car seats - infant that do not meet Canada Motor Vehicle Safety Standard 213.1 35
Children's jewellery (jewellery
or jewellery components
intended primarily for children
under 15 years of age)
that contain more than 600 mg/kg
total lead and/or 90 mg/kg migratable
lead
42
Children's Sleepwear (up to and including size 14X - includes sleepwear designed for use in a hospital, for infants up to 7 kg, polo pyjamas, and sleepers) having a flame spread of 7 seconds or less 5
Cigarettes Refer to Regulations for Cigarettes under the Tobacco Act: 41
Cutting oils, and fluids for use in machining operations containing more than 50 µg/g of nitrite, when monoethanolamine, diethanolamine or triethanolamine is present 32
Device that resembles a bomb containing a clock and a simulated explosive all devices of this type 36
Face protectors for ice hockey and box lacrosse hat do not meet the CSA standard 20
Furniture and other articles for children with a surface coating material containing more than 600 mg/kg of total lead 2
Face protectors for ice hockey that do not meet the CSA standard 19
Immersion oils used in microscopy, excluding refractive index oils containing polychlorinated biphenyls 26
Jequirity beans (whole or in part) the beans and all articles containing them 1
Kite strings that conduct electricity 11
Kites made from or containing parts made from uninsulated metals or conductive film coating that exceed maximum linear dimension 27
Lawn darts with elongated tips 39
Pencils and artist brushes with a surface coating material containing more than 600 mg/kg of total lead 18
Sneezing powder containing various listed substances 31
Spectacle frames composed of or containing cellulose nitrate 6
Structural devices that position feeding bottles that enable babies to feed themselves while unattended 15
Teethers, soothers, pacifiers with filling that contains a viable micro-organism 14
Textiles (in general) having a flame spread of 3.5 seconds or less for non-raised fibres, or having a flame spread of 4 seconds or less and exhibiting base burn for raised fibres, and exhibit ignition or fusion of their base fibres 4
Textiles (wearing apparel treated with a flame retardant) treated with tris (2, 3 dibromopropyl) phosphate 30
Toys (flammability hazards) composed of or containing celluloid or cellulose nitrate, other than Ping Pong balls 7
Toys (heavy metals) with a surface coating material containing lead, antimony, arsenic, cadmium, selenium, barium, or mercury 9
Toys (physical hazards)
  • emitting noise exceeding 100 decibels
  • containing plant seeds for noise-making and is for use by a child under 3 years of age
  • containing plant seeds as stuffing material
10
Toys (toxicity hazards) containing carbon tetrachloride, methyl alcohol, turpentine, benzene, petroleum distillates, boric acid or its salts, or ethyl ether 8
Urea formaldehyde foam insulation (UFFI) used to insulate buildings 34
Yo-yo type balls and similar products made of soft pliable material and having a stretchable cord that can extend to at least 500 mm in length 3

Table 2 - Regulated Products

Hazardous Products Act - Part II of Schedule I
Product Item # Federal Regulations Registration Number and Web site reference Condition(s)
Asbestos 44 SOR/2007-260
http://laws.justice.gc.ca/en/
showdoc/cr/SOR-2007-260
pure, loose
asbestos cannot
be sold as a consumer
product
Asbestos products
applied by
spraying
44 SOR/2007-260
http://laws.justice.gc.ca/en/
showdoc/cr/SOR-2007-260
asbestos fibres must be encapsulated within a binder and cannot become friable after drying.
Ashes or embers -
simulated
44 SOR/2007-260
http://laws.justice.gc.ca/en/
showdoc/cr/SOR-2007-260
Cannot contain
asbestos
Baby Gates   (see Expansion Gates and Expandable Enclosures)  
Booster Cushions 45  SOR/89-446
http://laws.justice.gc.ca/ en/SOR-89-446/index.html
must meet Canadian Motor Vehicle Safety Standards 213.2
Carpets and other textile floor coverings 29, 30  C.R.C., c. 923
http://laws.justice.gc.ca/ en/C.R.C.-c.923/index.html
flammability and labelling requirements
Carriages and Strollers 39  SOR/85-379
http://laws.justice.gc.ca/ en/SOR-85-379/index.html
labelling and performance requirements
Cellulose Insulation 35  SOR/79-732
http://laws.justice.gc.ca/en/ SOR-79-732/index.html
labelling and performance requirements
Ceramics   (see Glazed Ceramics and Glassware)  
Charcoal 24  C.R.C., c. 924
http://laws.justice.gc.ca/en/
H-3/C.R.C.-c.924/index.html
labelling requirements
Child Restraint Systems 41 SOR/88-151
http://laws.justice.gc.ca/ en/H-3/SOR-88-151/index.html
must meet Canadian Motor Vehicle Safety Standard 213
Children's Sleepwear (up to and including size 14X - nightgowns, nightshirts, dressing gowns, bathrobes, housecoats, robes, pyjamas, and baby-doll pyjamas, other than those designed for hospital use, for infants up to 7  kg, polo pyjamas, and sleepers) 40

SOR/87-443
http://laws.justice.gc.ca/en/
H-3/SOR-87-443/index.html

Contact your local Product Safety Office for: Children's Sleepwear Flammability Requirement Guidelines or visit www.healthcanada.gc.ca/cps to view a copy of this resource under "Reports and Publications".

labelling and flammability requirements
Consumer Chemicals and Containers 1 and 2  SOR/2001-269
http://laws.justice.gc.ca/ en/H-3/SOR-2001-269/index.html
requires mandatory product assessment, labelling and packaging
Controlled Products (chemical products used in the workplace [WHMIS]) Schedule II SOR/88-66
http://laws.justice.gc.ca/en/
H-3/SOR-88-66/index.html
labelling requirements, MSDSs
Cribs and Cradles 25 SOR/86-962
http://laws.justice.gc.ca/en/
H-3/SOR-86-962/index.html
labelling and performance requirements
Crocidolite Asbestos 44 SOR/2007-260
http://laws.justice.gc.ca/en/
showdoc/cr/SOR-2007-260
Severe product
spectrum
restrictions,
labelling and
import notification
requirements
Drywall joint cements or compounds or spackling or patching compounds 44 SOR/2007-260
http://laws.justice.gc.ca/en/
showdoc/cr/SOR-2007-260
composed of
asbestos and
fibres cannot
become airborne
during application,
repair or disposal
Expansion Gates and Expandable Enclosures 46 SOR/90-39
http://laws.justice.gc.ca/en/
H-3/SOR-90-39/index.html
labelling and performance requirements
Glass Containers of Non-Alcoholic Carbonated Beverages (1.5 L or more) 36 SOR/80-831
http://laws.justice.ca/en/
SOR-80-831/index.html
labelling and performance requirements
Glazed Ceramics and Glassware 20.1 SOR/98-176
http://laws.justice.gc.ca/en/
H-3/SOR-98-176/index.html
must not release lead and cadmium in excess of a prescribed limit
Infant Feeding Bottle Nipples 37 SOR/84-271
http://laws.justice.gc.ca/ en/H-3/SOR-84-271/index.html
must not contain
nitrosamines in
excess of a
prescribed limit
Kettles 28 C.R.C., c. 927
http://laws.justice.gc.ca/en/
H-3/C.R.C.-c.927/index.html
must not release 0.050 ppm or more lead
Lighters 34 SOR/2008-231
http://laws.justice.gc.ca/en/
SOR-2008-231
labelling and performance requirements
Matches 23 C.R.C., c. 929
http://laws.justice.gc.ca/en/
H-3/C.R.C.-c.929/index.html
labelling and performance requirements
Mattresses 32 SOR/80-810
http://laws.justice.gc.ca/en/
H-3/SOR-80-810/index.html
flammability requirements
Modelling or
sculpture material
44 SOR/2007-260
http://laws.justice.gc.ca/en/
showdoc/cr/SOR-2007-260
containing
asbestos
Pacifiers 27 C.R.C., c. 930
http://laws.justice.gc.ca/en/
H-3/C.R.C.-c.930/index.html
labelling,
performance and toxicity requirements
Paints   (see Surface Coating Materials)  
Playpens 26 C.R.C., c. 932
http://laws.justice.gc.ca/en/
H-3/C.R.C.-c.932/index.html
labelling and
performance
requirements
Science Education Sets 22(1) C.R.C., c. 934
http://laws.justice.gc.ca/en/
H-3/C.R.C.-c.934/index.html
labelling and toxicity requirements
Sleepwear   (see Children's Sleepwear)  
Strollers   (see Carriages and Strollers)  
Surface Coating Materials (paint) 31 SOR/2005-109
http://laws.justice.gc.ca/en/
H-3/SOR-2005-109/index.html
must not contain more than 600 mg/kg total lead or 10 mg/kg total mercury
Tents 31.1 SOR/90-245
http://laws.justice.gc.ca/en/
H-3/SOR-90-245/index.html
labelling and flammability requirements
Textiles (to be
worn on the
person)
44 SOR/2007-260
http://laws.justice.gc.ca/en/
showdoc/cr/SOR-2007-260
cannot contain
asbestos, unless
for protection from
fire or heat and
the asbestos fibres
cannot become
separated
Toys 44 SOR/2007-260
http://laws.justice.gc.ca/en/
showdoc/cr/SOR-2007-260
cannot be composed
of or contain
asbestos which
may become
separated from
the product
Toys 13 to 20
  • C.R.C., c. 931 http://laws.justice.gc.ca/ en/H-3/C.R.C.-c.931/index.html
  • Contact your local Product Safety Office for:
    • Industry Guide to Canadian Safety Requirements for Toys and Related Products

    • Toys: Age Classification Guidelines
  • or visit the Consumer Product Safety web site at www.healthcanada.gc.ca/cps to view a copy of this resource under Reports and Publications.
mechanical, electrical, toxicological and flammability requirements
Table 3 - Voluntary Standards
Products Voluntary Standard
Glass carbonated soft drink bottles (750 ml) must incorporate an education program, a used bottle standard and compliance monitoring
Glass fibre insulation asphalt-impregnated kraft paper backing is no longer allowed
Indoor carpets (and other textile floor
coverings)
gas emissions and total amounts of chemicals must be within certain limits; information and certification required
Manufactured firelogs labelling requirements
Particle board must meet reduced formaldehyde emissions
Polystyrene foam board insulation have labelling, require fire retardants and must provide point of sale educational material

Table 4 - Non-Regulated Items of Concern Footnote 1

  • Bumper Pads
  • Bunk Beds
  • Children's Clothing with Drawstrings and Small Parts
  • Infant Bath Seats
  • Infant Swings
  • Lead in Other Products (figurines, candle wicks, window blinds, crystal)
  • Ozone Generators
  • Power Lawn Mowers
  • Suspended Infant Jumpers
  • Trampolines
  • Window Coverings With Looped Cords

Table 5 - Consumer Product Safety Regional 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
  • Serves these locations in the United States:
    • Kansas
    • Nebraska
    • Oklahoma
    • South Dakota
  • Winnipeg
    204-983-5490
    Mb_Prodsafe@hc-sc.gc.ca
  • Serves these locations in the United States:
    • Arkansas
    • Iowa
    • Kansas
    • Louisiana
    • Minnesota
    • Missouri
    • North Dakota
    • Texas
    • Wisconsin

Ontario and Nunavut

Quebec

New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island

Outside Canada and the United States

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Footnotes

Footnote 1

It is the manufacturer's obligation to ensure that their product meets any general safety guidelines set out in industry standards that may exist.We recommend that you maintain good records which support compliance with these guidelines. In the event there are no specific industry standards that apply directly to the product in question, you are reminded that under general health and safety guidelines, the manufacturer must ensure that the materials used in their products are safe under any foreseeable conditions of use.

Return to footnote 1 referrer