Toys Regulations (SOR/2011-17)

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.

Marginal note:Flammability of outer covering

• 32 (1) The outer covering of a doll, plush toy or soft toy that is made of flat or raised fibre textile material or natural fur must, when tested in accordance with Schedule 5, have a flame spread time greater than seven seconds.

• Marginal note:Exception — pile of less than 51 mm

  (2) Subsection (1) does not apply to an outer covering whose exposed pile length is less than 51 mm (2 inches) and whose small size prevents the removal of material, including any seam, that is sufficient for at least one of the specimens required for the test set out in Schedule 5.

• Marginal note:Exception — pile of 51 mm or more

  (3) Subsection (1) does not apply to an outer covering whose exposed pile length is 51 mm (2 inches) or more and whose small size prevents the removal of material, including any seam, that is sufficient for at least one of the specimens required for the test set out in Schedule 5. The outer covering must not ignite on a one-second impingement of the calibrated flame applied by the flammability tester described in section 1 of Schedule 6 or must self-extinguish within two seconds following the removal of the flame, after being subjected to all of the following procedures:

  • (a) if it is known to have a flame-retarding finish or if preliminary testing indicates that such a finish may be present, it is laundered in accordance with section 5 of Schedule 7;

  • (b) it is dried in an oven for 30 minutes at 105°C (221°F) or for 120 minutes at 75°C (167°F);

  • (c) it is removed from the oven; and

  • (d) it is placed until cool in a desiccator over a desiccant such as anhydrous calcium chloride for at least 15 minutes and not more than two hours.

Marginal note:Flammability of yarn

• 33 (1) The exposed surface of a doll, plush toy or soft toy that is made of spun staple yarn or bulked continuous filament yarn must have a flame spread time greater than seven seconds in either of the following tests:

  • (a) that carried out in accordance with Schedule 7; or

  • (b) that carried out in accordance with Schedule 5 if the short length of the yarn prevents the removal of material that is sufficient for at least one of the specimens required for the test set out in Schedule 7.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a doll, plush toy or soft toy whose size or the short length of its yarn prevents the removal of material, including any seam, that is sufficient for at least one of the specimens required for the test set out in Schedule 5.

Marginal note:Flammability of hair or mane

34 The hair or mane, or simulated hair or simulated mane, of a doll, plush toy or soft toy, that is made of material other than yarn referred to in subsection 33(1), must not ignite on a one-second impingement of the calibrated flame applied by the flammability tester described in section 1 of Schedule 6 or must self-extinguish within two seconds following the removal of the flame, after being subjected to all of the following procedures:

• (a) if it is known to have a flame-retarding finish or if preliminary testing indicates that a flame-retarding finish may be present, it is laundered in accordance with section 5 of Schedule 7;

• (b) it is dried in an oven for 30 minutes at 105°C (221°F) or for 120 minutes at 75°C (167°F);

• (c) it is removed from the oven; and

• (d) it is placed until cool in a desiccator over a desiccant such as anhydrous calcium chloride for at least 15 minutes and not more than two hours.

Plant Seeds

Marginal note:Plant seeds — noise

35 A toy that is intended for use by a child of less than three years of age must not contain plant seeds as pellets for making noise.

Marginal note:Plant seeds — stuffing material

36 A toy must not contain plant seeds as stuffing material.

Pull and Push Toys

Marginal note:Shaft-like handle

37 A pull or push toy that has a shaft-like handle that measures 10 mm or less in diameter must have a protective tip that is placed on the end of the handle to prevent puncture wounds and that is able to withstand a pulling force of 44.5 N.

Toy Steam Engines

Marginal note:Boilers — safety valves

• 38 (1) A toy steam engine boiler must meet all of the following requirements:

  • (a) it must be fitted with a firmly installed spring valve or any safety valve other than a weight valve;

  • (b) the operating pressure of the safety valve must not be more than one and one-half times the operating pressure of the steam boiler to which it is fitted; and

  • (c) the boiler must be constructed to withstand, without rupture, at least three times its operating pressure.

• Marginal note:Meaning of operating pressure

  (2) For the purposes of subsection (1), the operating pressure of a boiler is the steam pressure in the boiler that adjusts itself after the steam engine has been running without a load.

• (3) [Repealed, SOR/2018-138, s. 3]

Finger Paints

Marginal note:Water-based paints

39 Finger paints must be water based.

Rattles

Marginal note:Construction

40 A rattle must meet all of the following requirements:

• (a) a sharp wire must not become exposed with the reasonably foreseeable use of the rattle;

• (b) a part of the rattle must not impinge on the base of the template illustrated in Schedule 8, when tested in accordance with that Schedule; and

• (c) a component of the rattle that can be removed by the application of a force of 50 N (11.23 pounds) or less or a torque of less than one N-m (8.85 inch-pounds) must not impinge on the base of the template illustrated in Schedule 8, when tested in accordance with that Schedule.

Elastics

Marginal note:Length or extensibility

41 An elastic that is used to attach a toy across a baby carriage, crib or playpen must meet at least one of the following requirements:

• (a) its extensibility must not be more than 75% of its unstretched length; or

• (b) its fully-stretched length must not be more than 750 mm (30 inches).

Yo-yo Type Balls

Marginal note:Stretchable cords

• 42 (1) The stretchable cord of a yo-yo type ball must not be capable of extending to 500 mm (20 inches) or greater in length.

• Marginal note:Similar product

  (2) A stretchable cord that is made of a soft pliable material and that is attached to a ball, or to an object of any other shape — whether or not the ball or object is made of the same material — must not be capable of extending to 500 mm (20 inches) or greater in length.

Magnetic Toys

Marginal note:Magnetic force

43 Every magnetic toy and any of its magnetic components, including those magnetic components that become separated from the magnetic toy or magnetic component when tested in accordance with Schedule 9, that can be totally enclosed in the small parts cylinder, as illustrated in Schedule 1, using a force of not more than 4.45 N, must have a magnetic flux index of less than 0.5 T²mm², when tested in accordance with Schedule 10.

Marginal note:Exceptions

• 44 (1) Section 43 does not apply to the following magnetic components:

  • (a) those that are necessary for the operation of motors, relays, speakers and other electrical or electronic components in a magnetic toy, provided that the magnetic properties are not part of the play or learning pattern of the toy; and

  • (b) subject to subsection (2), those that are part of a kit intended for carrying out educational experiments involving both magnetism and electricity and intended for a child of at least 8 years of age.

• Marginal note:Warning — container and instructions for use

  (2) The following warning or its equivalent must be displayed prominently and legibly in English and French on the kit’s container and instructions:

  WARNING!

  Not suitable for children under 8 years of age. This kit contains small magnets. Swallowed magnets can stick together across intestines causing serious injuries. Seek immediate medical attention if a magnet may have been swallowed.

  MISE EN GARDE!

  Cette trousse ne convient pas à un enfant de moins de 8 ans. Elle contient de petits aimants. Les aimants qui sont avalés peuvent s’attirer mutuellement à travers l’intestin et engendrer ainsi de graves blessures. Consultez immédiatement un médecin si un enfant semble avoir avalé un aimant.

Toys Intended to be Entered by a Child

Marginal note:Exception

45 Sections 46 and 47 do not apply to a tent as defined in subsection 1(1) of the Tents Regulations.

Marginal note:Requirements and testing

• 46 (1) A toy intended to be entered by a child must be tested in accordance with subclauses 5.1 and 5.4 of the the International Organization for Standardization, standard ISO 8124–2 entitled Safety of toys — Part 2: Flammability, as amended from time to time, and meet the requirements set out in subclause 4.4 of that standard, excluding the requirement that the toy and its packaging be permanently marked with a statement if the rate of the spread of the flame of the test sample is from 10 mm/s to 30 mm/s.

• Marginal note:Compliance period

  (2) Despite subsection (1), a toy intended to be entered by a child that meets a requirement referred to in that subsection, as it read immediately before the day on which a new version of standard ISO 8124-2 is published, may continue to meet that requirement:

  • (a) in the case of the manufacture or import of the toy intended to be entered by a child, for a period of 180 days that begins on that day; and

  • (b) in the case of the advertisement or sale of the toy intended to be entered by a child, for a period of 365 days that begins on that day.

Marginal note:Warning

• 47 (1) The outer surface of a toy intended to be entered by a child must have a permanent label containing the following warning or its equivalent, in bold upper-case letters at least 3 mm in height and in both official languages: “WARNING: KEEP AWAY FROM HEAT AND OPEN FLAME / MISE EN GARDE : TENIR LOIN DES SOURCES DE CHALEUR ET DES FLAMMES NUES”.

• Marginal note:Alert symbol

  (2) The permanent label must contain the following alert symbol, at least 6 mm in height, immediately before the warning:

  

• Marginal note:Additional requirement

  (3) The warning and the alert symbol must be affixed to the toy intended to be entered by a child in such a manner that they are legible and clearly visible throughout the life of the toy.

Coming into Force

Marginal note:S.C. 2010, c. 21

Footnote ^*48 These Regulations come into force on the day on which section 37 of the Canada Consumer Product Safety Act comes into force.

• Return to footnote ^*[Note: Regulations in force June 20, 2011, see SI/2011-12.]