2006
ISBN: 0-662-49072-X
Cat. No.: H128-1/06-469
HC Pub: 4045
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 guide provides an overview of Canadian toy safety legislation targeted to industry. It conveys basic information on the legislation, as well as details on the requirements that address specific hazards associated with children's toys and related products. This guide does not provide a complete review of the legislation; for full details the reader must refer to the official legislation (see "Links to Documents and Other Resources" at the end of this guide).
In Canada, safety requirements for toys are specified in the Hazardous Products Act and the associated Hazardous Products (Toys) Regulations. This legislation is administered and enforced by Health Canada's Consumer Product Safety.
Within the legislation and this guide, the word toy encompasses the following group of products: toys, equipment and other products for use by a child in learning or play.
Under the Hazardous Products Act, certain toys are prohibited while others are restricted. The advertising, sale and importation of prohibited toys is strictly forbidden. Restricted toys can only be advertised, sold or imported if they meet specific safety requirements. These safety requirements are defined in the Hazardous Products (Toys) Regulations.
It is the responsibility of manufacturers, importers, distributors and retailers to ensure compliance with the Hazardous Products Act and the Hazardous Products (Toys) Regulations. Product Safety Officers routinely monitor the marketplace and take appropriate enforcement action on any toys that contravene the legislation. Health Canada's Product Safety Laboratory examines potentially hazardous products in order to assess the nature and degree of the hazard(s). The products examined at the laboratory are identified by Product Safety Officers or by other means such as trade and consumer complaints.
Part I of Schedule I to the Hazardous Products Act lists prohibited products that cannot be advertised, sold or imported. Within Part I, items 3, 7, 8, 9, 10 and 21 make direct reference to children's toys; other items identified in Part I may apply to a toy depending on its design, construction or contents. The following list provides some examples of prohibited toys and related products:
For a complete listing of prohibited products please refer to Part I of Schedule I to the Hazardous Products Act.
Part II of Schedule I to the Hazardous Products Act identifies restricted products for which various safety requirements are defined in specific regulations. Restricted products are identified by their design, construction or contents. Restricted toys must meet the applicable requirements of the Hazardous Products (Toys) Regulations in order to be advertised, sold or imported. The Regulations address mechanical, flammability, toxicological and electrical/thermal hazards associated with toy products.
The largest category of legislation governing toy safety deals with mechanical hazards. Specific safety requirements are defined for toys that could cause injury, illness or death during reasonably foreseeable use. In order to simulate reasonably foreseeable use of a toy by a child, and to identify potential safety hazards, drop test and push/pull test procedures are applied as outlined in the Health Canada Product Safety Laboratory Method M-01.1: Test Procedures to Determine the Mechanical Hazards of Toys - Reasonable Foreseeable Use.
The Product Safety Laboratory Method M-01.1 drop test procedure requires that a toy be dropped four times onto a tile-covered concrete floor. Each drop is conducted with the toy in a different orientation. The orientations chosen are those most likely to cause damage during the drop. A toy is dropped from a height of 1.37 metres (4.5 feet) if it is likely to be used by a child of less than three years of age. It is dropped from a height of 0.91 metres (3 feet) if it is likely to be used by a child of three years of age or older. Following each drop the toy is inspected for safety hazards such as detached small components, sharp points and sharp edges.
The Product Safety Laboratory Method M-01.1 push/pull test procedure specifies that a push or pull force of 44.5 newtons (10 pound force) be gradually applied over a 5 second period and then maintained for 10 seconds. The procedure is completed on any part of a toy that is likely to become detached or damaged by the application of such a force. Following each push or pull the toy is inspected for safety hazards such as detached small components, sharp points and sharp edges.
Although the drop and push/pull test procedures were developed to simulate reasonably foreseeable use, actual play by a child can expose hazards that are not revealed through these tests. It is the responsibility of industry to appreciate the variety of ways that a toy can be reasonably used, recognizing children's creative play habits, and to ensure that a toy does not present safety hazards under such use. In order to verify the safety of a toy, it may be appropriate to conduct controlled tests with children and/or to complete "use and abuse" testing as prescribed by other recognized toy safety standards. Some examples of other standardized "use and abuse" tests include: bite, flexure, torque, compression and seam strength tests.
A number of safety requirements related to mechanical hazards are specific to toys likely to be used by a child of less than three years of age, while other requirements apply to all toys. The following are some examples of mechanical safety requirements that all toys must meet, regardless of the age of children that the toy is likely to be used by.
In order to provide protection to children's hearing when they play with toys, the Hazardous Products Act prohibits toys that make or emit noise exceeding 100 decibels when measured at the distance the toy ordinarily would be from the ear of the child using it. The Health Canada Product Safety Laboratory Test Method to Determine the Noise Level of Toys (Method M-04) is used to enforce this item of the legislation. The method specifies ordinary use distances for several different groups of toys (for example, toy phones, handheld toys and tabletop/floor toys). The method also specifies that the maximal sound pressure level emitted by a toy be measured using the "Fast" or "F" time weighting and the "A" frequency weighting, over a minimum five second sound generation period.
The Toys: Age Classification Guidelines is available from Health Canada's Consumer Product Safety to assist businesses in identifying toys likely to be used by a child of less than three years of age.
Since young children often put things in their mouths, small objects in a child's environment present choking, ingestion and inhalation hazards. The Hazardous Products (Toys) Regulations aim to protect young children from small component hazards in toys. The Regulations are applied such that any toy likely to be used by a child of less than three years of age must not be small, have a small separable component or have a small component that can detach from the toy with reasonably foreseeable use (see the "Drop Test Procedure" and the "Push/Pull Test Procedure" sections of this guide). If a toy, or a separable or detachable toy component, can be totally enclosed in the small parts cylinder, as illustrated, using a force of 4.45 newtons (1 pound force) or less, then the toy is considered non-compliant and it cannot be advertised, sold or imported. The small component requirement does not apply to toys or toy components that are made entirely of soft textile fibre material (for example, doll socks).
Note that if a toy is age labelled for children three years or older, but it is considered by Health Canada as likely to be used by a child of less than three years of age, then the small component requirement of the legislation applies. The toy must not be a small component, have a separable small component or release one with reasonably foreseeable use.

Small components are serious choking, ingestion and inhalation hazards for young children. Examples of some types of toys that have presented hazards related to small components include:
A rattle is any toy designed for an infant to hold in the hand and to make noise when it is shaken. A rattle must be constructed such that no part of it can enter an infant's mouth and become lodged in the back of the throat. Careful examination of the size and shape of all rattles is required, with special attention to key shaped rattles and animal shaped rattles (for example, those with long ears or feet). A rattle does not meet the safety requirement if any part of it can fit all the way through the opening of the rattle impaction test gauge (see illustration of gauge that follows). This requirement also applies to any part of the rattle that can be removed with a force of 50 newtons (11.2 pound force) or a torque of less than 1 newton metre (8.85 inch pounds). Other toy prohibitions and restrictions apply to rattles, such as the small component restriction for toys likely to be used by a child of less than three years of age.

All pull and push toys with shaft-like handles of 10 millimetres (0.375 inches) in diameter or less, in addition to meeting all other relevant safety requirements, must have a protective tip attached to the end of the handle. The protective attachment is required to prevent puncture wounds and it must be held in place with enough strength to withstand a pulling force of 44.5 newtons (10 pound force).
In order to prevent strangulation, an elastic designed for attaching a toy across a baby carriage, crib or playpen must not stretch beyond 750 millimetres (30 inches) or it must not extend more than 75% of its relaxed length.
Stringent flammability requirements are in place for all textile materials used for the outer covering of dolls, plush toys and soft toys, including their clothing, as well as for the hair on these types of toys. The purpose of these requirements is to protect children from burn injuries by eliminating the use of materials that ignite rapidly and burn rapidly. A doll, plush toy or soft toy contravenes the Hazardous Products (Toys) Regulations if samples of its outer fabric, held at an angle of 45 degrees, ignite within 1 second of contact with a flame and the flame travels a distance of 127 millimetres (5 inches) in 7 seconds or less. A doll, plush toy or soft toy contravenes the Regulations if it has hair or a mane that ignites within 1 second of contact with a flame and does not self-extinguish within 2 seconds after the flame is removed.
Children's play tents must meet the requirements of the Hazardous Products (Tents) Regulations. These Regulations address flammability hazards and include performance and labelling requirements.
Flammability requirements are also in place for other textile products for children. Details of the requirements for textile products in general, such as children's daywear, costumes and bedding, as well as the requirements for children's sleepwear, can be found in Parts I and II of Schedule I to the Hazardous Products Act. Further requirements for children's sleepwear can be found in the Hazardous Products (Children's Sleepwear) Regulations.
To minimize exposure to known harmful chemicals, toxic substances are prohibited from use in toys (see "Prohibited Toys and Related Products" at the beginning of this guide) or they are restricted to limited amounts based on known toxicity parameters. As an example, the Hazardous Products (Toys) Regulations requires that all finger paints be water-based. Excessively toxic, corrosive or irritant substances and sensitizers are not permitted for use in toys.
Under the Surface Coating Materials Regulations of the Hazardous Products Act, surface coating materials must not contain more than 600 mg/kg total lead and not more than 10 mg/kg total mercury. These limits effectively eliminate the intentional addition of lead and mercury in surface coating materials, and serve to protect children from toxicity associated with lead and mercury exposure. The Regulations apply to a variety of surface coating materials of all forms (for example, liquid, aerosol, dried pellets, gel, wax and powder), including those for use by children for the purposes of arts, crafts or hobbies.
The Science Education Sets Regulations under the Hazardous Products Act are in place to reduce potential hazards associated with the use and mixture of chemicals provided in these sets. The Regulations also protect against the cultivation of pathogenic micro-organisms. The Regulations apply to a variety of science education sets that are intended for use by older children, including chemistry, biology, microscopy and environmental sets. The Regulations aim to minimize the risks of: the possible ingestion of, or skin contact with, toxic or corrosive chemicals; the mixing of strongly reactive chemicals which could produce violent reactions; and the cultivation of pathogenic micro-organisms. The labelling of chemicals, as required by the Regulations, advises the user of the hazards associated with the chemicals and the need for taking precautions when they are used.
Products for infants, including teethers and pacifiers, that are put in the mouth when used and contain a filling are prohibited if the filling has in it a living micro-organism. This prohibition is in place to protect infants from illness and injury in the event that the filling is released. In order to enforce this item of the legislation, Health Canada's Consumer Product Safety employs the current official United States Pharmacopeia (USP) Sterility Test (currently USP, General Chapter <71>).
Electrical toys must meet the requirements that are set out in Canadian Standards Association Standard C22.2 No. 149-1972 (reaffirmed in 2004), entitled Electrically Operated Toys. Electrical wood-burning tools must also meet all applicable requirements that are set out in Canadian Standards Association Standard C22.2 No. 122-M1989 (reaffirmed in 2004), entitled Hand-Held Electrically Heated Tools. These requirements are in place to minimize the potential for injury due to electrocution, burn and shock. Toy steam engine boilers must be equipped with an appropriate safety valve and they must be able to withstand pressures of at least three times the operating pressure of the boiler in order to protect against accidental rupturing.
Toy jewellery is subject to all applicable prohibitions and restrictions for toys under the Hazardous Products Act. Toy jewellery includes items intended for limited play-time use such as in dress-up play and role play, as well as items that have a toy feature such as a necklace with an attached bubble vial and wand.
Ornamental items intended for regular wear on the body or on clothing or clothing accessories are considered jewellery. Jewellery that is produced, sized, decorated, packaged, advertised or sold in a manner that appeals primarily to a child under 15 years of age is classified as children's jewellery and is a restricted product under the Hazardous Products Act. The Children's Jewellery Regulations limit the lead content of children's jewellery to not more than 600 mg/kg total lead and not more than 90 mg/kg migratable lead. Children's jewellery containing lead in excess of either limit in any accessible component cannot be advertised, sold or imported. These limits also apply to jewellery-making kits for children and children's jewellery components sold separately, such as beads. The underlying material of a children's jewellery component that has a protective or decorative surface coating is considered accessible, because a child could suck or chew the coating off and gain access to it.
Children's cosmetic items, such as perfume, lipstick, makeup, nail polish, shaving cream, Halloween makeup, face paint and similar items, are regulated by Health Canada under the Cosmetics Regulations of the Food and Drugs Act. Where a toy is included with a cosmetic item, for example, a bath toy embedded in a bath soap, the toy component is subject to all applicable prohibitions and restrictions for toys under the Hazardous Products Act.
Although the Hazardous Products Act and the Hazardous Products (Toys) Regulations deal with many of the potential hazards associated with toys, the current legislation does not cover all hazards. Manufacturers, importers, distributors and retailers should be aware that they may be legally responsible for injuries resulting from unregulated hazards. The following sections present potential hazards that have been identified, and Health Canada's recommendations to businesses regarding these hazards.
A number of deaths have resulted from children choking on uninflated latex balloons or fragments of broken latex balloons. In order to inform consumers of this hazard, businesses are urged to apply an appropriate warning such as the one which follows, in both official languages (English and French), to all packages of latex balloons.
WARNING!
CHOKING HAZARD - Children under 8 years can choke or suffocate on uninflated or broken balloons. Adult supervision required.
Keep uninflated balloons away from children. Discard broken balloons at once.
MISE EN GARDE!
DANGER D'ÉTOUFFEMENT - Les enfants de moins de 8 ans peuvent s'étouffer ou suffoquer avec des ballons non gonflés ou éclatés. La surveillance doit être assurée par un adulte.
Tenir les ballons non gonflés à l'écart des enfants. Jeter immédiatement les ballons éclatés.
As part of the Lead Risk Reduction Strategy for Consumer Products, Health Canada's Consumer Product Safety proposes to regulate the lead content of four categories of consumer products to which children are most likely to be exposed, including all toys. The proposed limit for all accessible parts of toys likely to be used by a child of less than three years of age is 90 mg/kg total lead. For all accessible parts of toys likely to be used by a child of three years of age and older, proposed limits of 600 mg/kg for total lead and 90 mg/kg for migratable lead are currently under study.
The total lead content in surface coating materials on toys and other children's products is already limited to 600 mg/kg; see "Prohibited Toys and Related Products" at the beginning of this guide.
A health hazard is present when children repeatedly chew and swallow crayons or chalk containing lead. Manufacturers, importers, distributors and retailers should ensure that crayons and chalk contain no more than 90 mg/kg total lead, as per the proposed limit identified in the Lead Risk Reduction Strategy for Consumer Products.
In 1998, Health Canada conducted a risk assessment of children's teething products containing diisononyl phthalate (DINP), a plasticizer used to make vinyl soft. Based on the assessment, it was concluded that a potential health risk is present when children who are under a year in age suck or chew on soft vinyl products containing DINP for prolonged periods of time. Manufacturers, importers, distributors and retailers should ensure that soft vinyl teethers, rattles and other buccal products for young children do not contain DINP. This guidance also applies to diethylhexyl phthalate (DEHP), which yielded health and safety concerns in the mid-1980s and has been voluntarily phased out of use for buccal products by industry since that time. Content of less than 0.1% by weight, of either of these phthalates, is considered tolerable and indicative of no intentional addition of the plasticizer.
Choking, strangulation and other serious hazards may be present if a child can access mobiles and similar products that are strictly intended for decoration or passive amusement and are suspended from a crib, playpen or similar product. Health Canada recommends that manufacturers, importers, distributors and retailers ensure that such products carry a warning in both official languages (English and French). The warning should advise consumers to remove the product as soon as an infant begins pushing up on their hands and knees or is five months of age, whichever comes first.
A toy storage box or bin with a heavy lid that can fall freely poses a severe hazard to a child. This type of toy box design should never be used. Alternatives include a toy box without a lid, or one with a hinged lid designed to stay open in any position and under force.
Ventilation requirements are defined for any toy that is large enough for a child to enter into and that can be closed by a lid or door, such as a toy box. As described in an earlier section, the Hazardous Products (Toys) Regulations require such products to have ventilation holes or openings of sufficient size on two or more sides in order to prevent suffocation. The ventilation holes should be located or constructed so that they are not easily blocked by walls, toys, a child or other objects. In keeping with this legislated requirement, plastic, rubber or similar air-tight storage bins that are large enough to enclose a child cannot be promoted for toy storage.
Cords or straps on toys in the form of loops or straight lengths pose a strangulation hazard. The hazard is present when a loop is large enough to fit over a child's head, or when a straight length of cord is long enough to wrap around a child's neck. Health Canada recommends that cords or straps on toys be avoided or of minimal length, especially for toys intended for young children.
The small foam pellets or beads used as filling in bean bag chairs are easily inhaled by young children and they present a suffocation hazard. Health Canada recommends that these types of chairs have secure closures that do not allow young children to gain access to the pellets or beads.
While Canadian toy safety legislation does not require that toys be labelled for age appropriateness or that they bear warning labels for choking hazards, such labelling is strongly encouraged. Appropriate age labels and valid choking hazard warnings provide valuable safety information to consumers when they purchase toys. Health Canada recommends that a choking hazard warning in both official languages (English and French) be placed on a toy, its package or its instructions for use. Such a warning is appropriate and recommended when the toy, or any of its removable components, can fit entirely into the small parts cylinder and the toy is intended for children who are at least three years of age but less than six years of age.
Note that, regardless of the age label on the toy, any toy considered by Health Canada as likely to be used by a child of less than three years of age is subject to the strictest toy safety requirements - it must not be a small component, have a separable small component or release one with reasonably foreseeable use. The Toys: Age Classification Guidelines is available to assist businesses in identifying toys that are likely to be used by a child of less than three years of age.
Other labelling requirements for toys and related products include:
It is the responsibility of manufacturers, importers, distributors and retailers to ensure compliance of a toy product with Canadian toy safety legislation. Testing a toy against the requirements of the Hazardous Products Act, the Hazardous Products (Toys) Regulations and other applicable regulations is a means of assuring compliance. Such testing should be performed by industry or a laboratory prior to marketing a toy in Canada.
When utilizing the services of a private testing laboratory, businesses should verify that the laboratory: has a quality system in place (often verified through third party accreditation to ISO/IEC 17025), is familiar with Canadian toy safety requirements and test methods, and can test to these requirements. For information on Health Canada's test methods, visit the Consumer Product Safety section of the Health Canada Web site at: www.healthcanada.gc.ca/cps and select the "Product Safety Testing" link. For more information on toy testing laboratories, contact the regional Consumer Product Safety office nearest you (see "Contact Numbers" at the end of this guide).
All packaged toys must meet the requirements of the Consumer Packaging and Labelling Act and the Consumer Packaging and Labelling Regulations. This legislation requires that prepack-aged consumer products bear accurate and meaningful labelling information to help consumers make informed purchasing decisions. It prohibits false or misleading representations and sets out specifications for mandatory label information such as the product name, net quantity and dealer identity. This legislation is administered and enforced by Canada's Competition Bureau.
Specific regulations for upholstered and stuffed articles, which includes stuffed toys, are in place in the provinces of Manitoba, Ontario and Quebec. These regulations set requirements for the quality of materials used as stuffing, as well as how the stuffing contents and the manufacturer's registration number are identified on a specific disclosure label.
In Canada, proposals for new federal legislation or amendments to existing federal legislation are published in the Canada Gazette, Part I. New or amended federal laws are published in the
Canada Gazette, Part II (www.canadagazette.gc.ca). The Consumer Product Safety 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.
Official copies of Canadian legislation are available at most public libraries in Canada and in depository libraries of Canadian government information.
A consolidated version of the
Hazardous Products Act and the regulations under the Act can be found online at: http://laws.justice.gc.ca/en/H-3
A consolidated version of the
Hazardous Products (Toys) Regulations can be found online at: http://laws.justice.gc.ca/en/H-3/C.R.C.-c.931
A consolidated version of the
Consumer Packaging and Labelling Act can be found online at: http://laws.justice.gc.ca/en/C-38
For information regarding consumer packaging and labelling, visit Canada's
Competition Bureau Web site at: www.cb-bc.gc.ca
For further information about Canadian safety requirements for toys and related products, contact the Consumer Product Safety office nearest you. The table below provides guidance for identifying the appropriate regional office to contact based on your location.
| British Columbia and Yukon | ||
|---|---|---|
| Burnaby (604) 666-5003 Bby_Prodsafe@hc-sc.gc.ca |
Serves these locations in the United States: | |
| Alaska | Nevada | |
| California | Oregon | |
| Hawaii | Washington | |
| Alberta and Northwest Territories | ||
Calgary Edmonton |
Serves these locations in the United States: | |
| Arizona | New Mexico | |
| Colorado | Utah | |
| Idaho | Wyoming | |
| Montana | ||
| Manitoba and Saskatchewan | ||
Saskatoon Winnipeg |
Serves these locations in the United States: | |
| Arkansas | Nebraska | |
| Iowa | North Dakota | |
| Kansas | Oklahoma | |
| Louisiana | South Dakota | |
| Minnesota | Texas | |
| Missouri | Wisconsin | |
| Ontario and Nunavut | ||
Hamilton Toronto |
Serves these locations in the United States: | |
| Illinois | New York | |
| Indiana | North Carolina | |
| Michigan | ||
| Quebec | ||
Montreal Longueuil Quebec City |
Serves these locations in the United States: | |
| Connecticut | Ohio | |
| Maine | Pennsylvania | |
| Massachusettes | Rhode Island | |
| New Hampshire | Vermont | |
| New Jersey | ||
| New Brunswick, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island | ||
Moncton Halifax St. John's |
Serves these locations in the United States: | |
| Alabama | Maryland | |
| Delaware | Mississippi | |
| District of Columbia | South Carolina | |
| Florida | Tennessee | |
| Georgia | Virginia | |
| Kentucky | West Virginia | |
| Outside Canada and the United States | ||
| Ottawa, Ontario (613) 952-1014 CPS-SPC@hc-sc.gc.ca |
||