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Canadian Requirements for Lighters - Industry Checklist

To: Manufacturers, Importers, Distributors and Retailers of Lighters

September 2009

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Portable Document Format(PDF Version - 90 K)

The Issue

Lighters that are advertised, sold or imported in Canada must meet the requirements of the Hazardous Products Act (HPA) and the Lighters Regulations. It is the responsibility of every manufacturer, importer, distributor and retailer in Canada to ensure that the lighters they sell meet these requirements.

A checklist, entitled Canadian Requirements for Lighters Checklist, has been included at the end of this document. It provides a summary of Canadian lighter requirements and is targeted to industry. The summary conveys basic information on the child-resistance, design, performance and labelling requirements.

The checklist 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. A complete version of the Lighters Regulations can be found at http://laws.justice.gc.ca/en/showtdm/cr/SOR-2008-231//20090901.

It is essential that the legislation mentioned above is completely reviewed in order to understand the applicable requirements. The types of lighters listed in this document should be studied to learn more about the terminology utilized by the Canadian lighter industry and to ensure that the type of lighter in which there is an interest is clearly identifiable.

The Product

There are many types of lighters available in Canada and the following definitions outline the key differences.

  • Child-Resistant Lighter - a lighter is child-resistant when its surrogate lighter (defined below) 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:
    • (a) 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
    • (b) 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 - a lighter utilizing as fuel liquified hydrocarbons, such as n-butane and isobutane, with a vapour pressure at 24°C that exceeds a gauge pressure of 100kPa.
  • Luxury Lighter - a lighter that is designed to be refilled with fuel and that has
    • (a) a value of greater than C$2.50 on sale by the manufacturer when the product is manufactured in Canada; and
    • (b) a value for duty of greater than C$2.50 as determined in accordance with section 46 of the Customs Act when the product is imported into Canada.
      Luxury lighters are commonly referred to as "refillable lighters".
  • Non-Luxury Lighter - a lighter that cannot be refilled or that may be designed to be refilled and that has
    • (a) a value less than or equal to C$2.50 on sale by the manufacturer if it is manufactured in Canada; or
    • (b) a value for duty of less than or equal to C$2.50 as determined in accordance with section 46 of the Customs Act if it is imported into Canada.
      Non-luxury 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 - a device used for testing purposes that:
    • (a) approximates the appearance, size and weight of the product that it represents;
    • (b) is, within reasonable manufacturing tolerances, identical to the product that it represents in all factors that affect child-resistance, including the operation and force or forces required for operation;
    • (c) has no fuel; and
    • (d) produces a clearly discernible audible or visual signal instead of a flame.
  • Utility Lighter - a lighter that is greater than 100 mm in length when it is in the fully extended position.
  • Wick Lighter - a lighter utilizing as fuel liquid hydrocarbons, such as hexane, with a vapour pressure at 24°C that does not exceed a gauge pressure of 34 kPa.

The Law

As mentioned, lighters advertised, sold or imported into Canada are subject to the HPA requirements for child-resistance, design, performance and labelling. These requirements are specifically set out in 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. Non-luxury, luxury, utility, gas and wick lighters are all subject to the Lighters Regulations.

Enforcement actions taken by Product Safety Officers concerning non-compliant products may vary and may include any or all of the following: 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. Any person that advertises, sells or imports non-compliant products that result in property damage, injury or death may also be subject to civil liability.

What You Can Do

Lighter Manufacturers/Importers

  • Ensure that your 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 your products regularly to ensure ongoing compliance with the Lighters Regulations.
  • Before importing your products, get proof of compliance including childresistancy. Importing a known child-resistant lighter into Canada does not exempt you from obtaining proof of compliance.
  • Co-operate in any removal, disposal or recall from the marketplace of your products should they be found to be non-compliant.
  • Contact a Health Canada Product Safety Office and work with a Product Safety Officer if you are considering entering the lighter business.

Lighter Distributors/Retailers

  • Confirm with your supplier 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 undertake any other necessary corrective actions.

For Further Information

If you require further information, visit the Consumer Product Safety section of Health Canada's Web site at www.healthcanada.gc.ca/cps or contact your nearest Consumer Product Safety regional office (see listings that follow).

We appreciate your attention to the child-resistance, design, performance and labelling issues associated with lighters, and urge you to take appropriate steps to help ensure the safety and safe use of lighters by Canadians.

Date Modified: 2009-09-25

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