Toys Regulations (SOR/2011-17)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

good laboratory practices

good laboratory practices means practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, the English version of which is dated January 21, 1998 and the French version of which is dated March 6, 1998. (bonnes pratiques de laboratoire)

good scientific practices

good scientific practices means

• (a) in the case of test data, conditions and procedures that are in accordance with or equivalent to those set out in the Organisation for Economic Co-operation and Development document entitled OECD Guidelines for the Testing of Chemicals, as amended from time to time; and

• (b) in the case of laboratory practices, good laboratory practices. (bonnes pratiques scientifiques)

human experience data

human experience data means data from a peer-reviewed study that demonstrate that injury to a human has or has not resulted from exposure to a substance or stuffing material. (données de l’expérience humaine)

plush toy

plush toy means a toy with a raised fibre surface. (jouet en peluche)

soft toy

soft toy includes a toy that is stuffed or made of pliable rubber or pliable plastic. (jouet mou)

toy

toy means a product that is intended for use by a child under 14 years of age in learning or play. (jouet)

2 [Repealed, SOR/2016-195, s. 1]

General

Marginal note:Official languages

3 Any written statement or warning required by these Regulations must appear in both English and French.

Packaging

Marginal note:Flexible film bags

4 A flexible film bag that packages a toy must meet at least one of the following requirements:

• (a) it must have an opening of less than 356 mm (14 inches) in circumference; or

• (b) it must be made from film that is at least 0.019 mm (0.75 mil) thick and must have the following warning or equivalent printed legibly on it in both official languages:

  “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.”

Electrical Hazards

Marginal note:Electrically operated toys

5 A toy that is operated electrically must meet the requirements of Canadian Standards Association Standard C22.2 No. 149-1972, entitled Electrically Operated Toys, published in English in November 1972 and in French in December 1976.

Marginal note:Electrically heated toys

6 A toy that is an electrically operated wood-burning tool must meet the requirements of Canadian Standards Association Standard C22.2 No. 122-M1989, entitled Hand-Held Electrically Heated Tools, published in English in September 1989 and in French in May 1990.

Mechanical Hazards

Marginal note:Small parts

• 7 (1) A toy that is likely to be used by a child of less than three years of age must not contain a part that is meant to be separable or may become separated with reasonably foreseeable use of the toy and that can be totally enclosed in the small parts cylinder illustrated in Schedule 1 using a force of not more than 4.45 N.

• Marginal note:Exception — soft textile fibre material

  (2) Subsection (1) does not apply to parts that are constructed entirely of soft textile fibre material.

Marginal note:Metal edges

8 A toy’s exposed metal edges must be folded back or sprayed with or dipped in paint or otherwise treated so that all sharpness and burrs are eliminated.

Marginal note:Wire frames

9 A wire frame or structure that is embedded in a toy must have its wire ends covered, turned in or turned back so that no sharp ends become exposed with reasonably foreseeable use of the toy.

Marginal note:Plastic edges

10 A part of a toy that is made of plastic and that could, when broken, have exposed sharp edges must meet at least one of the following requirements:

• (a) it must be sufficiently thick to resist breakage with reasonably foreseeable use of the toy; or

• (b) it must be made of inherently tough materials, if the part is necessarily thin because of the toy’s function.

Marginal note:Wood

11 A toy’s exposed wooden surfaces, edges and corners must be smoothly finished.

Marginal note:Glass

12 A toy’s glass edges and corners must be smoothly finished.

Marginal note:Fasteners

• 13 (1) A fastener that is used in the construction of a toy must not, because of its type, size or manner of use, cause personal injury with reasonably foreseeable use of the toy.

• Marginal note:Further requirements

  (2) The following fasteners must meet the following requirements:

  • (a) nails and staples must be properly attached;

  • (b) flat head or oval-head wood screws of the countersunk-head type must be properly countersunk;

  • (c) wood screws must be free of exposed burrs;

  • (d) fasteners for use in upholstery or similar fasteners must be properly attached and of a type that, if exposed, would not be a hazard; and

  • (e) threaded bolts must be protected by acorn or similar nuts or protective caps, unless the bolts are so placed that they protrude into a protected area where contact with the threaded ends is not likely to occur.

Marginal note:Safety stops or locking devices

14 A toy’s folding mechanism, bracket or bracing must have a safety stop or a locking device to prevent the toy’s unintentional collapse.

Marginal note:Spring-wound driving mechanisms

15 A spring-wound driving mechanism that is an integral part of a toy — other than a construction set — and that could injure a child’s finger must meet all of the following requirements:

• (a) its moving parts must be enclosed so that they cannot be touched with reasonably foreseeable use of the toy;

• (b) its outer case must be able to withstand reasonable abuse if damage to the case would cause the mechanism to be exposed;

• (c) in the case of a toy with a non-detachable winding key, the key must be of a shape and size that does not allow a child’s finger to become caught in it; and

• (d) in the case of a toy with a detachable key or starting handle, the clearance space between the detachable key or starting handle, when it is in place, and the rest of the toy must be less than 2 mm (1/16 inch) or more than 10 mm (3/8 inch).

Marginal note:Projectile components

16 The projectile component of a toy — other than a rocketry component — that is capable of causing a puncture wound must have a rubber tip or other durable fitting placed on its leading end that is able to withstand a pulling force of 44.5 N (10 pounds).

Marginal note:Enclosures

17 A toy with both of the following characteristics must have holes of sufficient size and number in each of two or more adjacent sides to prevent the suffocation of a child that is enclosed in the toy:

• (a) it is large enough for a child to enter or be placed inside; and

• (b) it has an opening that can be closed by a lid or door.

Marginal note:Stability

18 A stationary toy that is intended to bear the weight of a child must stand level and firm when it is used.

Auditory Hazards

Marginal note:Decibel limit

19 A toy must not make or emit noise of more than 100 dB when measured at the distance that the toy would ordinarily be from the ear of the child who is using it.

Thermal and Flammability Hazards

Marginal note:Heated surfaces, parts or substances

20 A toy that has a surface or part, or that contains a substance, that may become heated with reasonably foreseeable use of the toy must meet the thermal and labelling requirements that are applicable to it as set out in Canadian Standards Association Standard C22.2 No. 149-1972, entitled Electrically Operated Toys, published in English in November 1972 and in French in December 1976.

Marginal note:Celluloid or cellulose nitrate

21 A toy, other than a ping-pong ball, must not be made of or impregnated with celluloid or cellulose nitrate.

Toxicological Hazards

Marginal note:Specific toxic substances

22 A toy must not contain any of the following substances if they could, under reasonably foreseeable circumstances, become accessible to a child or, if they are used as a filling, could be released on breakage or leakage:

• (a) carbon tetrachloride or any substance that contains it;

• (b) methyl alcohol or any substance that contains more than 1% weight to volume of methyl alcohol;

• (c) petroleum distillates or any substance that contains more than 10% weight to volume of petroleum distillates;

• (d) benzene;

• (e) turpentine or any substance that contains more than 10% weight to volume of turpentine;

• (f) boric acid or salts of boric acid; or

• (g) ethyl ether.

Marginal note:Stickers, films and surface coating materials

• 23 (1) A sticker, film or other similar material that can be removed, or a surface coating material, that is applied to an accessible part of a toy must not contain, when it is tested in accordance with a method that conforms to good laboratory practices,

  • (a) more than 90 mg/kg total lead;

  • (b) any compound of antimony, arsenic, cadmium, selenium or barium if more than 1 000 mg/kg of the compound migrates from the material; or

  • (c) more than 10 mg/kg total mercury.

• Marginal note:Definition of accessible part and surface coating material

  (2) For the purposes of subsection (1), accessible part and surface coating material have the same meanings as in section 1 of the Surface Coating Materials Regulations.

Marginal note:Organic solvents — balloon-blowing kits

24 A toy that a child uses to blow balloons must not contain any aromatic, aliphatic or other organic solvent if the solvent or any vapour coming from the solvent may be released directly into the mouth during or as a result of the normal use of the toy.

Marginal note:General requirements

25 If a toy contains a toxic substance, at least one of the following requirements must be met:

• (a) the substance must not be capable of being ingested, inhaled or absorbed through the skin because of the nature, physical form, size or any other characteristic of the toy;

• (b) the total quantity of the available substance must not be more than 1% of the acute oral median lethal dose or acute dermal median lethal dose, whichever is the lesser, calculated for a child that has a body weight of 10 kg (22 pounds); or

• (c) the toxicity of the substance must not exceed the limits set out in Schedule 2.

Marginal note:Corrosive, irritant or sensitizing substances

26 If a toy contains a substance that is capable of coming into contact with the skin because of the nature or characteristic of the toy, the substance must not be irritant, corrosive or sensitizing when assessed in accordance with Schedule 3.

Marginal note:Substances in plastic materials — prohibition

27 The plastic material that is contained in a toy that is likely to be used by a child of less than three years of age must not contain the following substances:

• (a) a heavy metal or a compound of a heavy metal; or

• (b) a substance set out in section 22 or 23.

Specific Products

Dolls, Plush Toys and Soft Toys

Marginal note:Fastenings

28 A fastening that is used to attach parts, clothing or ornamentation to a doll, plush toy or soft toy must be attached in such a way that no sharp edge or point becomes exposed with reasonably foreseeable use of the toy.

Marginal note:Stuffing

29 Material that is used as stuffing in a doll, plush toy or soft toy must meet all of the following requirements:

• (a) it must be clean and free from vermin;

• (b) it must be free of hard or sharp foreign matter;

• (c) its toxicity must not exceed the limits set out in Schedule 2;

• (d) it must not be irritant when assessed in accordance with Schedule 3.

Marginal note:Small parts

30 The squeaker, reed, valve or other similar device of a doll, plush toy or soft toy that can be totally enclosed in the small parts cylinder illustrated in Schedule 1, using a force of not more than 4.45 N, must be attached in such a way that it cannot come loose with reasonably foreseeable use of the toy.

Marginal note:Eyes and noses

31 An eye or a nose — other than those made entirely of felt or another soft textile material — that measures 32 mm (1¼ inches) or less in its greatest dimension and that is attached to a doll, plush toy or soft toy must meet at least one of the following requirements:

• (a) it must not be capable of being gripped by a three-pronged claw hook as illustrated in Schedule 4; or

• (b) it must not detach when it is tested in accordance with Schedule 4.