Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

accessible part

partie accessible

accessible part means any part of a consumer product containing lead that may be touched, licked, mouthed or swallowed in the course of the reasonably foreseeable use of the product. (partie accessible)

consumer product containing lead

produit de consommation contennant du plomb

consumer product containing lead means any of the following products containing lead:

• (a) products, other than kitchen utensils, that are brought into contact with the user’s mouth in the course of normal use;

• (b) products intended for use in play or learning by children under three years of age.

It does not include any of the following:

• (c) jewellery referred to in item 42 of Part I of Schedule I to the Hazardous Products Act;

• (d) products subject to the application of the Glazed Ceramics and Glassware Regulations. (produit de consommation contennant du plomb)

Authorization

Marginal note:Product

• 2 (1) Subject to subsection (2), the advertising, sale and importation of a consumer product containing lead are authorized if each accessible part of the product does not contain more than 90 mg/kg of lead.

• Marginal note:Exception

  (2) An accessible part may contain more than 90 mg/kg of lead if

  • (a) lead is necessary to produce an essential characteristic of the part;

  • (b) no alternative part containing less lead is available; and

  • (c) the part does not release more than 90 mg/kg of lead when tested in accordance with standard EN 71-3:1994/A1:2000/AC:2002 of the European Committee for Standardization entitled Safety of toys – Part 3: Migration of certain elements, approved December 13, 1994, amended March 11, 2000 and corrected July 24, 2002.

Coming into Force

Marginal note:Registration

3 These Regulations come into force on the day on which they are registered.