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Proactive Disclosure

Proactive Disclosure

Environmental and Workplace Health

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Reference Manual for the WHMIS Requirements of the Hazardous Products Act and Controlled Products Regulations

Table of Contents

HPA, Schedule I - Part II - "Restricted Products"

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SCHEDULE I

PART II

1. Chemical products as defined in the Consumer Chemicals and Containers Regulations, 2001. SOR/2001-270, s. 6

2. Containers as defined in the Consumer Chemicals and Containers Regulations, 2001. SOR/2001-270, s. 6

3. [Replaced by items 1 and 2, SOR/2001-270, s. 6]

4. [Radié, DORS/2001-270, art. 6]

4.1 [Abrogé, 1997, ch. 13, art. 63]

5. [Radié, DORS/2001-270, art. 6]

6. [Radié, DORS/2001-270, art. 6]

7. [Radié,, SOR/2001-270, s. 6]

8. [Radié, DORS/2001-270, art. 6]

9. [Radié, DORS/2001-270, art. 6]

10. [Radié, DORS/2001-270, art. 6]

11. [Radié, DORS/2001-270, art. 6]

12. [Radié, DORS/88-557, art. 3]

13. Toys, equipment and other products for use by a child in learning or play that:

are packaged in flexible film bags;
are operated electrically;
are or are likely to be used by a child of less than three years of age and have a component that is separable;
have exposed metal edges;
have embedded in them a wire frame or structure;
are made, in whole or in part, of plastic that would, on breaking, expose sharp edges;
have exposed wooden surfaces, edges or corners;
are made, in whole or in part, of glass;
have fasteners used in their construction;
have a folding mechanism, bracket or bracing;
contain, as an integral part, a spring-wound driving mechanism capable of injuring a child's finger, other than construction toys;
contain a projectile component, other than a rocketry component, capable of causing a puncture wound;
are so designed and constructed that they;
1. are large enough for a child to enter or be placed therein, and
2. can be closed by a lid or door;
are stationary and intended to bear the weight of a child;
contain a surface, part or substance that during reasonably foreseeable use will or may become heated;
contain a toxic substance other than a toxic substance named in item 8 of Part I of this Schedule;
contain a corrosive substance, irritant or sensitizer; or
are or are likely to be used by a child of less than three years of age and are made of or contain any plastic material.

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14. Dolls, plush (raised fibre) toys and soft toys that have:

a fastening in them to attach parts, clothing or ornamentation;
any stuffing in them;
eyes or a nose the greatest dimension of which is 32 mm (1 1/4 inches) or less;
an outer covering consisting in whole or in part of a flat or raised fibre textile material or natural fur;
exposed surfaces consisting in whole or in part of yarn of spun staple or bulked continuous filament form;
hair or mane, or simulated hair or simulated mane, consisting of material other than yarn described in paragraph (e); or;
a squeaker, reed, valve or similar device.

15. Pull and push toys that have shaft-like handles that are 10 mm (3/8 inch) or less in diameter.

16. Toy steam engines.

17. Finger paints.

18. Rattles.

19. Elastics intended for attaching toys, equipment or other products for use by a child in learning or play across a baby carriage, crib or playpen.

20. Batteries for use in or with any toy, equipment or other product for use by a child in learning or play.

20.1 Glazed ceramics and glassware.

21. [Deleted, SOR/98-175, s. 2]

22. Science education sets and their replacement chemicals as defined in the Science Education Sets Regulations [Amended, SOR/2001-270, s. 7].

23. Matches.

24. Charcoal for use in domestic cooking or heating.

25. Standard cribs, portable cribs and cradles.

26. Playpens (play yards) for children.

27. Pacifiers and similar products for babies that are put in the mouth when used, except pacifiers described in item 14 of Part I of this schedule.

28. Kettles for household use that release lead into water boiled therein.

29. Carpets, carpeting (including carpet tiles), mats, matting and rugs (other than those that are one-of-a-kind, or Oriental rugs) that are made in whole or in part of textile fibres, that have not been treated with a fire retardant, and that when any sample thereof, consisting of 48 specimens measuring not less than 23 cm by 23 cm (approximately 9 inches by 9 inches) each, is tested in accordance with:

the normal sequential sampling plan set out in the Standard for Flammability of Soft Floor Coverings--Sampling Plans, being standard 4-GP-155 established by the Canadian Government Specifications Board, published in January, 1974, and
method 27.6 of the Canadian Standard Textile Test Methods, being standard 4-GP-2 established by the Canadian Government Specifications Board, published in November, 1971,

the sample has a rate of flammability failure in excess of the rate permitted by standard 4-GP-155 for that sampling plan.

30. Carpets, carpeting (including carpet tiles), mats, matting and rugs (other than those that are one-of-a-kind, or Oriental rugs) that are made in whole or in part of textile fibres, that have been treated with a fire retardant, and that when any sample thereof, consisting of 48 specimens measuring not less than 23 cm by 23 cm (approximately 9 inches by 9 inches) each, is:

subjected to method 30.2 of the Canadian Standard Textile Test Methods, being standard 4-GP-2 established by the Canadian Government Specifications Board, published in November, 1971,
tested in accordance with the normal sequential sampling plan set out in the Standard for Flammability of Soft Floor Coverings--Sampling Plans, being standard 4-GP-155 established by the Canadian Government Specifications Board, published in January, 1974, and
tested in accordance with method 27.6 of the Canadian Standard Textile Test Methods, being standard 4-GP-2 established by the Canadian Government Specifications Board, published in November, 1971,

the sample has a rate of flammability failure in excess of the rate permitted by standard 4-GP-155 for that sampling plan.

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31. Paints, enamels and other liquid coating materials

for use on the interior or exterior surfaces of buildings, furniture or household products; and
that contain more than 0.5 per cent weight to weight of lead as determined in accordance with test method 1 GP-500.1 of the Canadian Government Specifications Board, published December, 1973.

31.1 Tents that are made in whole or in part of fabric or other pliable materials, including camping tents, play tents, ice-fishing tents and dining shelters but not including canopies, awnings, tarpaulins, tent trailers, air-supported structures or tents subject to the National Building Code of Canada, 1985, issued by the Associate Committee on the National Building Code, National Research Council of Canada.

32. Products intended, promoted or normally used for the purpose of being slept on that contain resilient material enclosed within a ticking, whether or not those products are commonly referred to as mattresses, other than

mattress pads;
sleeping bags;
box springs and other mattress foundations and supports;
parts of upholstered furniture that may be used for the purpose of being slept on that are not separate mattresses;
infant product pads and crib mattresses; and
one-of-a-kind prescription mattresses.

33. [Deleted, SOR/2001-270, s. 8]

34. Lighters intended for use for cigarettes, cigars and pipes.

35. Cellulose fibre for use as loose fill thermal insulation in indoor building construction.

36. Glass containers of a capacity of 1.5 L or more containing a non-alcoholic carbonated beverage.

37. Infant feeding bottle nipples and other similar products that, when used, are put in the mouth of an infant.

38.

39. Carriages and strollers for infants and children.

40. Children's nightgowns, nightshirts, dressing gowns, bathrobes, housecoats, robes, pyjamas and baby-doll pyjamas in sizes up to and including 14X, other than:

those designed for use in a hospital;
those designed for infants up to 7 kg;
polo pyjamas; and
sleepers.

41. Devices for restraining children in motor vehicles, other than seat belt assemblies for children that are sold, imported or advertised with motor vehicles as components thereof and replacements for such seat belt assemblies.

42. [Deleted, SOR/2001-270, s. 9]

43. Ice hockey helmets.

44. Products, other than products included in items 16, 28, 37 and 40 of Part I, that are composed of or contain crocidolite asbestos fibres.

45. Any device for use in a motor vehicle for the purpose of seating a child in an elevated position on a vehicle seat in order to adapt the adult seat belt assembly of the motor vehicle to the child.

46. Expansion gates and expandable enclosures for children.

R.S., 1985, c. H-3, Sch.; SOR/85-378, 587; SOR/86-164(F), 943; R.S., 1985, c. 24 (3rd Supp.), s. 2; SOR/87-441, 442, 444; R.S., 1985, c. 15 (4th Supp.), s. 9; SOR/88-113, 150, 261, 557, 558; 1989, c. 7, s. 2; SOR/89-256, 324, 441, 442, 447; SOR/90-38, 219, 246; SOR/93-235, s. 2; 1997, c. 13, s. 63; SOR/98-175; SOR/99-472.

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Interpretation / Discussion of Part II of Schedule I

As set out in subsection 4(2) of the HPA, no person shall advertise, sell or import a restricted product except as authorized by the regulations made under section 5 of the HPA. A restricted product is any product, material or substance included in Part II of Schedule I to the Act.

The regulations established under section 5 of the HPA, which are available on the Department of Justice Canada website, http://laws.justice.gc.ca/en/H-3/index.html, include the following: