Expansion Gates and Expandable Enclosures Regulations (SOR/2016-179)

Regulations are current to 2017-09-27

Expansion Gates and Expandable Enclosures Regulations

SOR/2016-179

CANADA CONSUMER PRODUCT SAFETY ACT

Registration 2016-06-22

Expansion Gates and Expandable Enclosures Regulations

P.C. 2016-606 2016-06-21

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37 of the Canada Consumer Product Safety ActFootnote a, makes the annexed Expansion Gates and Expandable Enclosures Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

burr

burr means, in relation to the surface finish of an expansion gate or an expandable enclosure, any non-functional protrusion that changes the roughness-height index by more than 100 μm. (bavure)

expandable enclosure

expandable enclosure means a self-supporting barrier, for indoor or outdoor use, that is intended to be used for children from the age of 6 months to 24 months and to surround completely an area within which such children may be confined. (enceinte extensible)

expansion gate

expansion gate means a barrier that is intended to be used for children from the age of 6 months to 24 months and to be erected in a doorway or similar opening in order to prevent the passage of such children, but that can be removed by older persons who are able to operate the locking mechanism. (barrière extensible)

indelibly printed

indelibly printed means, in relation to the labelling of an expansion gate, an expandable enclosure or its packaging, marked by means of paint-stencilling, die-stamping, moulding or stamping directly on the expansion gate, the expandable enclosure or its packaging or by any other means, in such a manner that the markings do not fade and are not subject to being erased when tested in accordance with section 1 of Schedule 1. (inscription indélébile)

permanently affixed

permanently affixed means, in relation to the labelling of an expansion gate, an expandable enclosure or its packaging, durably applied by means of a label that is fastened to the expansion gate, the expandable enclosure or its packaging with an adhesive or other suitable bonding agent or by any other means, and in such a manner that the label is not readily removable when tested in accordance with section 2 of Schedule 1. It does not include affixed by means of a hang tag, or a label affixed to a stuffed or padded part of the expansion gate or expandable enclosure. (étiquette permanente)

rough

rough means, in relation to the surface finish of an expansion gate or an expandable enclosure, that the roughness-height index is greater than 50 μm. (rugueux)

roughness-height index

roughness-height index means, in relation to the surface finish of an expansion gate or an expandable enclosure, the mean deviation, expressed in micrometres, of the surface irregularities from a hypothetical perfect surface. (indice de rugosité-hauteur)

safety standard

safety standard means American Society for Testing and Materials (ASTM) standard F 1004-86, entitled Standard Consumer Safety Specification for First-Generation Standard Expansion Gates and Expandable Enclosures, approved on December 26, 1986 and published in April 1987. (norme de sécurité)

Specifications

Marginal note:Decorative or protective coating

 An expansion gate or an expandable enclosure must not have applied to it a decorative or protective coating that contains

  • (a) any compound of antimony, arsenic, cadmium, selenium or barium if more than 0.1% w/w of that compound dissolves in 5% hydrochloric acid after being stirred for 10 minutes at 20°C; or

  • (b) any compound of mercury.

Marginal note:Flammability

 Any part of an expansion gate or an expandable enclosure that is made of a textile fibre must have a flame spread time greater than seven seconds, when tested in accordance with the Canadian General Standards Board standard CAN/CGSB-4.2 No. 27.5, entitled Textile Test Methods: Flame Resistance — 45° Angle Test — One-Second Flame Impingement, as amended from time to time, in either of the following circumstances:

  • (a) it does not have a raised fibre surface; or

  • (b) it has a raised fibre surface and when tested exhibits ignition or fusion of its base fibres.

Marginal note:Parts — wood, plastic or similar hard material
  •  (1) Every part of an expansion gate or an expandable enclosure that is made of wood, plastic or a similar hard material must be free from cracks and other defects and be smoothly finished to eliminate rough or sharp edges.

  • Marginal note:Parts — metal

    (2) Every part of an expansion gate or an expandable enclosure that is made of metal must be free from burrs, projections and sharp edges, corners or points.

  • Marginal note:Metal tubing

    (3) Every cut edge of any metal tubing of an expansion gate or an expandable enclosure must meet one of the following requirements:

    • (a) it must be smoothly finished to eliminate rough or sharp edges, corners or points; or

    • (b) it must be protected by a cap that remains in place when subjected to a force of 90 N applied in any direction.

  • Marginal note:Bolts

    (4) The threaded end of every bolt of an expansion gate or an expandable enclosure must, if the end is accessible to the child or user, be covered by an acorn nut or a device that offers equivalent protection.

Marginal note:Small parts

 Every part of an expansion gate or an expandable enclosure that is small enough to be totally enclosed in the small parts cylinder illustrated in Schedule 2 must be affixed to the expansion gate or the expandable enclosure in such a way that it does not become detached when subjected to a force of 90 N applied in any direction.

Marginal note:Performance

 Every expansion gate and expandable enclosure must comply with the performance requirements set out in sections 4.1 to 4.1.5 of the safety standard.

Marginal note:Testing

 Every expansion gate and expandable enclosure must be tested in accordance with the methods set out in sections 5.1 to 5.3.1 and 5.3.2.1 to 5.3.4 of the safety standard.

Information

Marginal note:Reference to Canada Consumer Product Safety Act or Regulations

 Information that appears on an expansion gate or an expandable enclosure, that accompanies one or that is in any advertisement for one, must not make any direct or indirect reference to the Canada Consumer Product Safety Act or these Regulations.

Marginal note:Information — general
  •  (1) Every expansion gate and expandable enclosure must have indelibly printed on it or permanently affixed to it, in English or in French, the following information, clearly and prominently displayed in numerals and block letters at least 2.5 mm in height that contrast sharply with the background by their colour, projection or indentation:

    • (a) the name and principal place of business in Canada of the manufacturer, importer or distributor;

    • (b) its model name or model number; and

    • (c) the year and month of its manufacture, or a code or other identification that identifies that year and month.

  • Marginal note:Warning — general

    (2) Every expansion gate and expandable enclosure must have indelibly printed on it or permanently affixed to it, either the following warning in English and in French, clearly and prominently displayed in numerals and letters that contrast sharply with the background by their colour, projection or indentation, or visual images, clearly and prominently displayed, that concisely and readily convey the same meaning as the text of the warning:

    WARNING

    Install according to manufacturer’s instructions.

    Intended for use with children from 6 months through 24 months.

    Install with locking mechanism on side away from child (applies to pressure-mounted gates only).

    This product will not necessarily prevent all accidents. Never leave child unattended.

    If an enclosure has a locking/latching mechanism, the following warning shall apply: Use only with the locking/latching mechanism (or appropriate terminology) securely engaged.

    MISE EN GARDE

    Installer conformément aux instructions du fabricant.

    Destiné aux enfants de 6 à 24 mois.

    Installer de façon que le mécanisme de verrouillage se trouve du côté opposé à l’enfant. (Seulement dans le cas des barrières retenues par pression.)

    Cet article ne prévient pas nécessairement tous les accidents. Ne jamais laisser l’enfant sans surveillance.

    Si l’enceinte est munie d’un mécanisme de fermeture/verrouillage, l’avertissement suivant s’y applique : N’utiliser l’article que lorsque le mécanisme de fermeture/verrouillage (ou autres termes appropriés) est solidement enclenché.

  • Marginal note:Warning — presentation

    (3) The warning must be displayed in the following manner:

    • (a) the headings “WARNING” and “MISE EN GARDE” must be in upper case block letters at least 5 mm in height; and

    • (b) the text of the warning must be in numerals and letters at least 2.5 mm in height.

  • Marginal note:Accompanying information

    (4) Every expansion gate and expandable enclosure must be accompanied by written material that reproduces the warning set out in subsection (2), as well as the following instructions legibly written, that clearly state in English and French, with line drawings or photographs illustrating the sequence of steps, if needed:

    • (a) how it is to be assembled, if it is not sold fully assembled;

    • (b) how it is to be installed, including a statement of the limitations regarding the use of any mounting hardware that is included; and

    • (c) how it is to be operated, maintained and cleaned.

 
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