Description
Service background
CCPSA’s current Canadian legal system is largely based on the English common law system. As a federal country, both the Federal Parliament and the provincial assemblies have the power to make laws. The Federal Parliament makes laws for the whole of Canada on constitutionally demarcated matters (usually by enacting an act and then approving regulations based on that act to ensure its implementation); At the same time, the provincial assemblies may also enact some local regulations within the scope of their defined competence in legislative matters. And regulations enacted by the provincial Parliament must not conflict with those enacted by the Federal Parliament.
In the case of the toy industry, the main relevant laws are the Dangerous Products Act (HPA) and its implementing regulation, the Dangerous Products (Toys) Regulation, which is administered and enforced by the Health Products Safety Agency of Canada (formerly the Product Safety Agency). In addition, on December 15, 2010, Canada passed the Canada Consumer Product Safety Act (CCPSA), which will come into force in June 2011 and will replace Part I and Appendix I of the Dangerous Products Act.
Overview:
Mechanical and physical safety performance
Mechanical and physical safety is an issue of concern to the Canadian government in toy safety, and Articles 7 and 8 of the Dangerous Products (Toys) Regulations under the Dangerous Products Act provide universal protection requirements for children of all ages (such as choking hazards, collapse hazards, nip hazards, sharp edges and stab hazards, etc.). Articles 13 to 27 specify the requirements for special toys, such as rattles, elastic bands, push-pull toys, small parts, etc.
With the release and upcoming implementation of the Canada Consumer Product Safety Act, Canada has developed a new Toy Regulation (SOR/2011-17) to replace the existing Dangerous Products (Toys Regulation), which will be implemented from June 20, 2011. Articles 7 to 18 of the Toys Ordinance specify general mechanical and physical safety features, and Articles 28 to 43 specify requirements for special toys.
Toys act
Under the newly enacted Canada Consumer Product Safety Act (CCPSA), Canada enacted a new Toy Regulation (SOR/2011-17) in 2011 to replace the Dangerous Products (Toys) Regulation. The new regulations will come into effect on June 20, 2011. [Note 1]
Dangerous Products (Toys) Ordinance
Section 4 of the Dangerous Products (Toys) Regulations (C.R.C., c.931) sets out packaging requirements, sections 7 and 8 set out general mechanical and physical properties requirements, and sections 13 to 27 set out requirements for specific toys. It is important to note that the requirements of the Ordinance need to be understood in conjunction with the provisions of the Dangerous Products Act, as the specific requirements under the Ordinance are for a specific product in Part II of Appendix I to the Act. [Note 1]
1. Packaging and general requirements
Section 4 of the Dangerous Products (Toys) Ordinance states that any soft film plastic bag with an opening circumference of less than 35.3 cm (14 in.) for the packaging of toys and children’s products shall be of a thickness greater than 0.019 mm and shall be clearly indicated by the following warning or other text with the same meaning: “PLASTIC BAGS CAN BE DANGEROUS. TO AVOID DANGER OF SUFFOCATION KEEP THIS BAG AWAY FROM BABIES AND CHILDREN.” “Plastic bags can cause harm. To avoid choking hazards, plastic bags should be kept away from babies and children.” Text must be identified in both English and French.
Article 7 states that all toys intended for use by children aged three years or under shall not have small parts that come off during reasonably foreseeable use. However, parts composed entirely of soft textile fiber materials are excluded.
Article 8 sets out various types of mechanical physical safety requirements, including:
The exposed metal part of the toy can not be pointed at the edge;
The toy’s wire must be protected or rolled back to avoid exposing the tip;
Plastic toys or plastic parts of toys should be thick enough to avoid breaking and exposing edges. If it must be thin due to function, it should be made of rigid material;
The face, edge and corner of the wooden toy should be smooth;
The edges and corners of the glass part of the toy should be smooth;
All fasteners (such as nails, screws, etc.) should be properly installed to avoid harm to children;
The folding mechanism should prevent sudden collapse resulting in injury to children’s hands and feet;
Toy wind-up keys or winding mechanisms should be prevented from causing winding hazards to children’s fingers;
The ejection end of the ejection toy should have a protective head, and the protective head should be able to withstand 44.5N pulling force;
Any toy (such as a toy box) that is large enough for a child to enter and can be closed with a lid or door must have a sufficient size and number of air holes on adjacent sides to avoid choking hazards;
Toys bearing a child’s weight should have strong facades to avoid tipping hazards.
2. Requirements for specific toys
The requirements for specific toys are set out in Articles 13 to 27 of the Regulations, where the provisions relating to mechanical and physical properties are:
(1) Doll toys or soft toys
Article 13: Fasteners on doll toys or soft toys used to connect parts, clothing or ornaments shall not expose sharp edges when used reasonably foreseeable;
Article 14: The filling materials used in doll toys or soft toys shall be clean and free of pests, solid and sharp foreign bodies, non-toxic and non-irritating;
Article 15: When the large size of the muzzle and other parts of the doll toy or soft toy does not exceed 32 mm, it cannot fall off under tensile test;
Article 19: Vocal parts in doll toys or soft toys, if they are small parts, shall not fall off during reasonably foreseeable use.
(2) Push and pull toys
Article 21: All push-pull toys with handles not exceeding 10 mm (0.375 in.) in diameter, in addition to meeting the requirements of mechanical, suffocation, toxicity, electricity and heat, should also be equipped with a protective head at the end of the handle to prevent puncture, and the protective head should be able to withstand 44.5N (10 lb) of tension without falling off.
(3) Toy steam engine
Article 22: The toy boiler shall be equipped with a tight spring valve or other safety valve, the operating pressure of the safety valve shall not exceed 1.5 times the ambient atmospheric pressure, but its design pressure should be at least 3 times the ambient atmospheric pressure.
(4) Ring the bell
Article 25: When in reasonably foreseeable use, the rattle shall not have sharp wire exposed; When testing with a force of 50 N (11.23 lb) or a torque force of 1 N·m (8.85 lb·in.), no part shall be removed.
(5) Elastic band
Article 26: All elastic straps attached to strollers, cribs or enclosures shall not be extended beyond 750 mm (30 in.) or 75% of their natural length in order to prevent injury.
Chemical safety performance
With the implementation of the new Canada Consumer Product Safety Act (CCPSA) in June 2011, the HPA’s implementing regulations will gradually become CCPSA’s implementing regulations. In terms of the chemical safety of toys, the regulations currently in place are the Toys Regulations (SOR/2011-17) and the Children’s Jewellery Regulations (SOR/2011-19).
Canada Consumer Product Safety Act
Parts I and II of Appendix I to the Dangerous Products Act (HPA) list prohibited and restricted products, respectively. However, in the Canada Consumer Product Safety Act (CCPSA), there is only a prohibited product list (Appendix II), not a restricted product list. There are 31 categories of prohibited products in the HPA, while there are only 15 categories in the CCPSA, which is due to the fact that some prohibited products have been integrated into existing implementing regulations through amendments, or integrated into new regulations through amendments, or new regulations will be formulated.
Among the 15 categories of prohibited products under the CCPSA, no toys are involved. Because the relevant provisions have been/will be transferred to the implementing regulations.
Toys Ordinance (SOR/2011-17)
Chemical safety requirements for Toys are set out in Articles 22 to 27 of the new Toys Regulations, and chemical requirements are also covered in articles 28 to 43 regarding specific toys. The new regulations will come into effect on June 20, 2011.
In the requirements for specific toys, the provisions relating to chemical safety are consistent with the old toy regulations, that is, the filling materials used in dolls and soft toys should be non-toxic and non-irritating; Finger paint must be water based. In contrast to the regulations, there is no longer a requirement that finger paint cannot contain toxic, corrosive, flammable or allergic substances, as this is already stipulated in Article 26.
Children’s Jewellery Regulations (SOR/2011-19)
In February 2011, Canada issued the new Children’s Jewellery Regulations, which stated that from June 20, 2011, the total lead content in jewellery for children under the age of 15 should not exceed 600 mg/kg. Soluble lead shall not exceed 90 mg/kg.
In Canada, all products used by children 14 years of age and younger while learning or playing must meet the federal safety standards set out in the Canada Consumer Products Act (CCPSA), including:
1). Canadian Toy Code (SQR/2011-17)
2). Consumer Products Containing Lead Regulation (SOR/2018-83)
3). Regulation on Phthalates (SOR/2016-188)
4). Regulations on Surface Coating Materials (SOR/2016-193)
Service advantage
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