2012
ISBN: 978-1-100-21545-7
Cat. No.: H128-1/08-539-1E-PDF
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.
This document provides information about the safety requirements that apply to consumer products, including used or second-hand products that are imported, advertised or sold in Canada.
This document may be updated from time to time. For the most recent version, consult Reports and Publications.
This document is an unofficial summary of, and general guidance respecting, the safety requirements for second-hand products. It is not intended to substitute for, supersede or limit the requirements under the applicable legislation. In case of any discrepancy between this document and the legislation, the legislation will prevail. For further information, contact one of the Health Canada Consumer Product Safety Offices listed at the end of this document.
Canada Consumer Product Safety Act
The Canada Consumer Product Safety Act (CCPSA), which has replaced Part I and Schedule I to the Hazardous Products Act (HPA), addresses dangers to human health or safety posed by consumer products in Canada.
Any person who manufactures, imports, advertises, sells or tests a consumer product for commercial purposes must comply with all applicable requirements of the CCPSA and its regulations. For example, the Act sets out requirements for preparing and maintaining documents and for mandatory incident reporting (see below for further details). Regulations under the Act set out product-specific requirements, such as performance-based standards, test methods and labelling.
Schedule 1 of the CCPSA lists consumer products to which the CCPSA does not apply. Examples of these products are explosives, cosmetics, drugs, natural health products, food, medical devices and ammunition. These products are addressed by other legislation.
Health Canada's Consumer Product Safety Directorate works closely with partners and stakeholders in administering the CCPSA to help protect Canadians from product-related hazards and to promote the safe use of consumer products.
In addition to the product-specific requirements noted in this document, it is prohibited to manufacture, import, advertise or sell any consumer product that is a "danger to human health or safety" as defined in the CCPSA (see paragraphs 7(a) and 8(a)).
Any person who manufactures, imports or sells a consumer product for commercial purposes must inform Health Canada and, if applicable, the person from whom they received the product, of any incidents related to the product (see section 14 of the CCPSA and Guidance on Mandatory Incident Reporting under the Canada Consumer Product Safety Act - Section 14 Duties in the Event of an Incident).
Furthermore, the CCPSA requires any person who manufactures, imports, advertises, sells or tests a consumer product for commercial purposes to prepare and maintain certain documents. Good record keeping practices aid in the retrieval of information and help ensure that appropriate documents are available when required for supply chain analysis (see section 13 of the CCPSA and Guidance on Preparing and Maintaining Documents under the Canada Consumer Product Safety Act - Section 13).
Compliance and enforcement actions taken by Health Canada, with respect to non-compliance with the requirements of the these pieces of legislation, may include, depending on the applicable legislation: seeking voluntary commitments to product correction by industry, negotiation with industry for the voluntary removal of these products from the market, seizure, referral for orders for recall or other measures, administrative monetary penalties and referral for prosecution.
Health Canada Inspectors monitor second-hand retail establishments for unsafe or non-compliant products and may work with establishments to voluntarily address the non-compliance where appropriate, or use step-wise enforcement actions as required.
Food and Drugs Act
The Food and Drugs Act applies to the sale, import, advertising, packaging and labelling of food, drugs, cosmetics and devices.
The Food and Drugs Act provides the authority for the Cosmetic Regulations.
Radiation Emitting Devices Act
The Radiation Emitting Devices Act (REDA) applies to the sale, lease, import, advertising, packaging, and labelling of radiation emitting devices, including devices used for medical and industrial purposes and those used by consumers. The Act has a general safety requirement for radiation emitting devices, and sets safety performance standards for specific classes of radiation emitting devices.
Dealers have the primary responsibility under the Canada Consumer Product Safety Act (CCPSA), the Food and Drugs Act and the Radiation Emitting Devices Act (REDA) with respect to the safety of consumer products, including second-hand products. The Consumer Product Safety Directorate administers the CCPSA and, as they relate to cosmetics, the Food and Drugs Act and Cosmetic Regulations. The Environmental and Radiation Health Sciences Directorate administers the REDA.
These laws do not distinguish between new and used products. Any person who imports, sells, distributes, or gives away products not complying with the current legislation is breaking the law in Canada.
All cosmetics sold in Canada must meet the requirements of the Food and Drugs Act, the Cosmetic Regulations, and all other applicable legislation.
The REDA covers such items as microwave ovens, UV facial lamps and personal tanning equipment. For second-hand radiation emitting devices to be sold, they must also meet current standards.
Section A of this booklet provides information on consumer products and cosmetics, while Section B provides information on radiation emitting devices.
Make sure a product is safe and complies with the applicable legislation. This includes homemade and modified products. If you are unsure, do not sell it and do not give it away. For any product that is to be thrown away, refer to your municipal regulations for proper disposal.
To help make sure that you only handle safe products:
The Consumer Product Safety Directorate of Health Canada administers legislation pertaining to the safety of many consumer products, including cosmetics. The Canada Consumer Product Safety Act (CCPSA) defines "consumer product" as a "product, including its components, parts or accessories that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging."
The Food and Drugs Act defines "cosmetic" as including "any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth and includes deodorants and perfumes." This definition includes cosmetics used by professional esthetic services, bulk institutional products, "handmade" cosmetics sold at craft sales or home-based businesses.
The Canada Consumer Product Safety Act (CCPSA) includes prohibitions on the manufacture, import, advertising or sale of a consumer product that is a "danger to human health or safety." The CCPSA defines the concept of "danger to human health or safety" by the following key elements:
In Canada it is illegal to manufacture, import, advertise or sell certain products such as:


A full list of banned products can be found in Schedule 2 to the
Canada Consumer Product Safety Act (CCPSA).
In addition to the prohibited consumer products found on Schedule 2 of the Canada Consumer Product Safety Act (CCPSA), a number of regulations place requirements on suppliers of specific consumer products. Only items that meet the current regulatory requirements may be sold. Many regulations under the CCPSA and the Food and Drugs Act have specific requirements that labelling be in English and French.
Additionally, before selling a second-hand product, check with the manufacturer, importer or distributor of the product and the Health Canada recall website to see if it has been recalled and if the problem has been or can be corrected. If it has been recalled and the problem has not been corrected or cannot be corrected, do not sell the product. Destroy it so that it cannot be used by someone else, and dispose of it according to your municipal requirements.
The following is a partial list of currently regulated products under the CCPSA and the Food and Drugs Act which fall under the mandate of the Consumer Product Safety Directorate (CPSD). This is a summary of some of the requirements that must be met in order to manufacture, import, advertise or sell these products in Canada; you should confirm the specific requirements by consulting the applicable regulations and ensure that you comply before supplying a product.
Bassinets are products whose main function is to provide a sleeping space for a child, that includes sides to confine the child and that has a sleeping surface area that is less than or equal to 4 000 cm2 (620 in2).
For complete information about the requirements for bassinets consult the Cribs, Cradles and Bassinets Regulations.
The Restraint Systems and Booster Seats for Motor Vehicles Regulations set out, for the purposes of the CCPSA, several requirements for car seats and booster seats. These Regulations in turn reference Transport Canada's Motor Vehicle Restraint Systems and Booster Seats Safety Regulations. The following discusses some, but not all, of these requirements. You should therefore consult the above-noted regulations to ensure that all the applicable requirements are met.
The instructions, in English and French, for proper installation and use must be available at the time of sale.For complete information about the requirements for restraint systems and booster seats consult the Restraint Systems and Booster Seats for Motor Vehicles Regulations.
For further information on car seats, including recalls, contact Transport Canada at 1-800-333-0371 or visit their
Web site.
The Carriages and Strollers Regulations set out several requirements for carriages and strollers. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.
For more complete information about the requirements for carriages and strollers consult the Carriages and Strollers Regulations.
The Children's Jewellery Regulations set out several requirements for children's jewellery. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.
Lead is a soft, heavy metal which is often used to make inexpensive jewellery. Lead is very toxic. A child can suffer from lead poisoning if they suck, chew, or swallow jewellery containing lead.
For complete information about the requirements for children's jewellery consult the Children's Jewellery Regulations.
The Children's Sleepwear Regulations set out several requirements for children's sleepwear. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.
The requirements for children's sleepwear apply to those products up to a children's size 14X. Children's sleepwear must comply with the Regulations which include specific requirements concerning flammability.
Only testing can ensure that a fabric complies with the Regulations.

For complete information about the requirements for children's sleepwear consult the Children's Sleepwear Regulations.
The Corded Window Covering Products Regulations set out several requirements for corded window coverings. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.
Children can strangle on cords and bead chains of blinds and curtains. A looped cord can act as a noose and long pull cords can wrap around a child's neck.
Blinds or curtains with pull cords should not be sold unless they have tension devices attached to any looped pull cord:
For complete information about the requirements for corded window coverings consult the Corded Window Coverings Products Regulations.
It is not recommended to sell used, old, or damaged cosmetics as they may contain harmful bacteria that could cause skin rashes or lead to infections. Additionally, second-hand cosmetics may be missing required labelling information, such as ingredients, warnings and directions for safe use.
For complete information about the requirements for cosmetics consult the Cosmetic Regulations.
Cradles are products whose main function is to provide a sleeping space for a child, that includes sides to confine the child and that has a sleeping surface area that is greater than 4 000 cm2 (620 in2), but less than or equal to 5 500 cm2 (852 in2).
The Cribs, Cradles and Bassinets Regulations set out several requirements for cradles. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

For complete information about the requirements for cradles consult the Cribs, Cradles and Bassinets Regulations.
Cribs are products whose main function is to provide a sleeping space for a child, that includes sides to confine the child and that has a sleeping surface area that is greater than 5 500 cm2 (852 in2).
It is illegal to advertise, import, sell or give away cribs that do not meet the current regulatory requirements. Cribs manufactured before September 1986 likely do not meet these requirements and should therefore not be used. Infants have been seriously injured or have died when placed in a crib made before this date. Also, cribs older than ten years are more likely to have broken, worn, loose or missing parts, and be missing warnings or instructions.
The Cribs, Cradles and Bassinets Regulations set out several requirements for cribs. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.
The mattress support system must be solidly affixed to the frame of the crib. The height of the mattress support should not be adjustable without the aid of tools. (No S or Z shape hooks are allowed!)
The crib should not have corner posts which extend more than 3 mm (1/8 in) above the highest side; with the exception of corner posts that extend more than 406 mm (16 in) above the highest side provided that a neck entrapment hazard is not created.For complete information about the requirements for cribs consult the Cribs, Cradles and Bassinets Regulations.
The Ice Hockey Helmet Regulations and Face Protectors for Ice Hockey and Box Lacrosse Players Regulations set out several requirements for ice hockey helmets and for face protectors for hockey and lacrosse, respectively. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.
Ice hockey helmets must meet and be certified to the requirements of the Canadian Standards Association (CSA) standard Z262.1. The number of the standard must appear on the helmet; an example of how the number may appear is found below.
Ice hockey helmets must also display the date of manufacture. Helmets more than five years old should not be bought or sold as the materials used in the helmet may break down with age.Face protectors for ice hockey must meet CSA standard CAN 3-Z262.2-M78, but it is recommended that these products meet the requirements of the most current CSA-Z262.2 standard for face protectors for use in ice hockey. The face protector should be in good repair with no cracks or bent wires, and fastened securely to the helmet. If the face protector is sold separately, it must have hardware for proper installation and instructions on how to install.
For complete information about the requirements for ice hockey helmets consult the Ice Hockey Helmet Regulations.
For complete information about the requirements for face protectors for ice hockey and box lacrosse consult the Face Protectors for Ice Hockey and Box Lacrosse Players Regulations.
The Playpens Regulations set out several requirements for playpens. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.
Straps, cords, etc. more than 18 cm (7 in) in length cannot be attached to the playpen as they create a strangulation hazard.For complete information about the requirements for playpens consult the Playpens Regulations.
The Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations set out several requirements for safety gates and enclosures. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.
English and French assembly and installation instructions must accompany the product.For complete information about the requirements for expansion gates and expandable enclosures consult the Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations.
Toy boxes with lids are required to have adequate openings for ventilation in each of two or more adjacent sides to prevent the suffocation of a child who may become trapped inside. If there is a lid on the toy box, it should be lightweight and have good supporting hinges.For complete information about the requirements for toys consult the Toys Regulations.
The Toys Regulations set out several requirements for toys. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.
"Plastic Bags Can Be Dangerous. to Avoid Danger of Suffocation, Keep This Bag Away from Babies and Children.
Les sacs de plastique peuvent être dangereux. pour éviter le danger de suffocation, ne laissez pas ce sac à la portée des bébés ni des enfants."
In addition, the bag must be made from film that is at least 0.019 mm thick, so thin bags such as drying cleaning bags cannot be used.
Check toys for loose magnets before selling.These products are designed to protect against one major impact. It is not recommended to resell these items.


All drawstrings should be removed from children's clothing. Drawstrings or cords on children's snowsuits, jackets and sweatshirts can become caught on playground equipment, fences or other objects and result in strangulation. If a drawstring is caught on a vehicle, the child can be dragged.
It is recommended that a label containing the following information be permanently affixed to the product:
Check for a label that indicates that the high chair meets the requirements of the current ASTM F404 - Standard Consumer Safety Specification for High Chairs.

Bed rails are used on standard beds to keep children from falling out of the bed. Children who are younger than the manufacturer's recommendations can suffocate between the bed rail and the mattress.For second-hand retailers, it is very important to check that the consumer products you receive have not been recalled, as children have been injured and have died using recalled products. Also, when recalled products have been repaired with retrofit kits, or other means offered by the manufacturer, make sure the product has been corrected properly as directed by the manufacturer.
To learn if a consumer product has been recalled in Canada, check with the following:
Recalls from the United States regarding consumer products from the
Consumer Product Safety Commission (CPSC) are available on: www.cpsc.gov/cpscpub/prerel/prerel.html
Subscribe to Consumer Product Safety News, the Consumer Product Safety Directorate's electronic newsletter. Subscribers receive updates when new information, consumer advisories and warnings, recalls and consultation documents regarding consumer product safety are posted on the Health Canada website.
NOTICE: For further information, contact a Health Canada Consumer Product Safety Office (refer to the list at the end of this document) or visit the following:
To reach the Regional Product Safety Office nearest you see the information below or call toll-free (within Canada and the United States) at 1-866-662-0666.
Regional Consumer Product Safety Offices |
Locations in the United States that these offices serve |
Other continents that these offices serve |
|---|---|---|
British Columbia |
Alaska California Hawaii Nevada Oregon Washington |
Asia |
| Alberta, Yukon, Northwest Territories and Nunavut | ||
Edmonton Calgary |
Arizona Colorado Connecticut Idaho Maine Massachusetts Montana New Hampshire New Mexico New Jersey Ohio Pennsylvania Rhode Island Utah Vermont Wyoming |
Africa Australia New Zealand Pacific Islands |
| Saskatchewan Regional Product Safety Office Room 412 101 - 22nd Street East Saskatoon, Saskatchewan S7K 0E1 Phone: 306-975-4502 Fax: 306-975-6040 Sk.Prodsafe@hc-sc.gc.ca Manitoba |
Arkansas Illinois Indiana Iowa Kansas Louisiana Michigan Minnesota Missouri Nebraska New York North Dakota Oklahoma South Dakota Texas Wisconsin |
Central America Bermuda Caribbean South America South America |
| Ontario | ||
Toronto Hamilton |
||
| Quebec | ||
Longueuil Quebec |
||
| Atlantic Provinces | ||
New Brunswick, Newfoundland, Nova Scotia and Prince Edward Island Regional Product Safety Office |
Alabama Delaware District of Columbia Florida Georgia Kentucky Maryland Mississippi North Carolina South Carolina Tennessee Virginia West Virginia |
Europe |
National Capital Region |
||
The Radiation Emitting Devices Act (REDA) applies to the sale, lease, import, advertising, packaging and labelling of radiation emitting devices, including devices used for medical and industrial purposes and those used by consumers. Motor vehicles and radiation emitting devices designed primarily for the production of nuclear energy (within the meaning of the Nuclear Safety and Control Act) are excluded from the Act.The Act has a general safety requirement for radiation emitting devices, and sets safety performance standards for specific classes of radiation emitting devices in order to help reduce the risks to workers and the public from radiation.
Manufacturers and importers are required to notify the Minister of Health if a device does not comply with the general safety requirement or with the requirements specified in the regulations.
The Radiation Emitting Devices Regulations prescribe safety performance standards and labelling requirements that address the design, construction, and functioning of certain classes of radiation emitting devices. All radiation emitting devices must meet the generally applicable provisions of the Act, regardless of whether or not they are subject to specific regulations. The text of the Act and Regulations can be found on the website of the Department of Justice Canada.
A copy of the
REDA can be viewed at: www.laws.justice.gc.ca/eng/acts/R-1/index.html to verify if a product is adequate for sale.
It is the responsibility of the manufacturer, importer, distributor and retailer of the product to make sure it complies with the Radiation Emitting Devices Act (REDA).
If you plan to resell a piece of laser equipment:
You should contact the original manufacturer or the distributor to verify if a product is adequate for sale.
For a copy of the 2011 Health Canada Advisory on Hand-Held Lasers or Laser Pointers visit: http://www.healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2012/15008a-eng.php
If you plan to resell a microwave oven:
For more information about microwave ovens visit: www.hc-sc.gc.ca/hl-vs/iyh-vsv/prod/micro-f-a-eng.php
If you plan to resell a personal stereo system:
For more information about personal stereo systems visit: www.hc-sc.gc.ca/hl-vs/iyh-vsv/life-vie/stereo-baladeur-eng.php
If you plan to resell any tanning equipment (for example, sunlamps, tanning beds, tanning canopies, upright tanning booths and facial or half-body tanning lamps), you are responsible for ensuring product compliance with all aspects of the Tanning Equipment standard (see Part XI of Schedule II of the Radiation Emitting Devices Regulations), including information and labelling requirements, construction standards (for example, safety features, components and accessories) and functioning standards.
You should contact the original manufacturer or the distributor to verify compliance before the sale of the product. Screw lamp holder types are illegal for sale.
Mail:
Consumer and Clinical Radiation Protection Bureau
Health Canada
775 Brookfield Road
A.L. 6302C
Ottawa, Ontario K1A 1C1
Email:
ccrpb-pcrpcc@hc-sc.gc.ca