Lighters Regulations (SOR/2016-187)

Regulations are current to 2017-10-13

Lighters Regulations

SOR/2016-187

CANADA CONSUMER PRODUCT SAFETY ACT

Registration 2016-06-22

Lighters Regulations

P.C. 2016-614 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 Lighters Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

CFR

CFR means Title 16 of the Code of Federal Regulations of the United States, revised as of January 1, 2004. (CFR)

gas lighter

gas lighter means a lighter that uses as fuel liquid hydrocarbons, such as n-butane and isobutane, that have a gauge vapour pressure at 24°C greater than 100 kPa. (briquet à gaz)

lighter

lighter means a device that has a fuel reservoir, whether detachable or not, and an integral means of ignition and that is used for domestic purposes or to ignite tobacco products. (briquet)

luxury lighter

luxury lighter means a lighter, other than a utility lighter, that is refillable and that has

  • (a) if it is manufactured in Canada, a value of more than $2.50 at the time of sale by the manufacturer; or

  • (b) if it is imported into Canada, a value for duty of more than $2.50 as determined in accordance with sections 47 to 55 of the Customs Act. (briquet de luxe)

production lot

production lot means a group of substantially identical lighters that are manufactured by the same manufacturer under substantially identical conditions. (lot de production)

shield

shield means a structure that totally or partially surrounds the fuel orifice of a lighter and projects beyond it. (écran de protection)

surrogate lighter

surrogate lighter means a device used for testing purposes that

  • (a) approximates the appearance, size and weight of the lighter that it represents;

  • (b) is, within reasonable manufacturing tolerances, identical to the lighter that it represents in all factors that affect child resistance, including the operation and force required for operation;

  • (c) contains no fuel; and

  • (d) produces a clearly discernible audible or visual signal instead of a flame when operated. (briquet de substitution)

utility lighter

utility lighter means a lighter that is 100 mm or greater in length when it is in the fully extended position. (briquet à usages multiples)

wick lighter

wick lighter means a lighter that uses as fuel liquid hydrocarbons, such as hexane, that have a gauge vapour pressure at 24°C not greater than 34 kPa. (briquet à essence)

Specifications

Application of Force

Marginal note:Luxury lighters

 At least one of the following manual operations must be performed to achieve ignition of a luxury lighter:

  • (a) a deliberate action to produce and maintain a flame;

  • (b) at least two separate and distinct actions; or

  • (c) the application of a force equal to or greater than 15 N.

Marginal note:Flame height adjustment

 If a lighter has a device to adjust the flame height, the device must require the deliberate application by the user of a reasonable force.

Child Resistance

Marginal note:Requirement
  •  (1) All lighters, other than luxury lighters, must be child resistant.

  • Marginal note:Standard

    (2) For the purpose of subsection (1), a lighter is child resistant if its surrogate lighter has been tested in accordance with one of the following test protocols and at least 85% of the children who participated in the test were unable to cause the surrogate lighter to operate:

    • (a) in the case of a utility lighter, the test protocol described in section 1212.4, without regard to sections 1212.4(a)(3) and (b)(1), of the CFR; or

    • (b) in the case of all other lighters, the test protocol described in section 1210.4, without regard to sections 1210.4(a)(3) and (b)(1), of the CFR.

Marginal note:Mechanism

 The mechanism or system that makes a lighter child resistant must

  • (a) reset itself automatically after each operation of the lighter’s ignition mechanism;

  • (b) in the case of a gas lighter, continue to function effectively after each test set out in sections 5 to 9 of the schedule; and

  • (c) in the case of a wick lighter, continue to function effectively after each test set out in sections 11 and 12 of the schedule.

Gas Lighters

Marginal note:Flame height and duration
  •  (1) A gas lighter, when tested in accordance with subsection (2), must

    • (a) if the lighter has neither a shield nor a device to adjust the flame height, have a vertical flame height of not more than 50 mm;

    • (b) if the lighter has a shield but no device to adjust the flame height, have a vertical flame height of not more than 100 mm;

    • (c) if the lighter has a device to adjust the flame height, have a vertical flame height of not more than

      • (i) 120 mm, when the device is adjusted to produce maximum flame height, and

      • (ii) 50 mm, when the device is adjusted to produce minimum flame height; and

    • (d) not exhibit a flame above the fuel orifice for more than two seconds after the normal action to extinguish the flame has been taken.

  • Marginal note:Test procedures

    (2) A gas lighter must be tested in accordance with

    • (a) the procedures described in sections 5, 6 and 8 of the schedule, followed by a repetition of the procedures described in sections 5 and 6 of the schedule; or

    • (b) the procedures described in sections 5, 6 and 9 of the schedule, followed by a repetition of the procedures described in sections 5 and 6 of the schedule.

Marginal note:Abnormal burning

 A gas lighter, when tested in accordance with the procedures described in sections 5, 6 and 8 to 10 of the schedule, must not exhibit

  • (a) a sudden increase in flame height of 50 mm or more;

  • (b) a vertical flame height in excess of the maximum values, as the case may be, specified in subsection 6(1);

  • (c) an explosion;

  • (d) combustion at any place other than at the fuel orifice of the lighter or in the main flame;

  • (e) an escape of liquid fuel that produces a shower of burning droplets that separate from the main flame; or

  • (f) any other abnormal or unsafe burning characteristics.

Marginal note:Structural integrity

 A gas lighter, when tested in accordance with

  • (a) the procedures described in sections 5 to 10 of the schedule, must not exhibit damage that would make its operation unsafe;

  • (b) the procedures described in section 8 of the schedule, must not exhibit an escape of fuel of more than 15 mg/min;

  • (c) the procedures described in section 9 of the schedule, must not exhibit leakage that results in total exhaustion of fuel after the cooling period described in paragraph 9(2)(c) of the schedule; and

  • (d) the procedures described in section 10 of the schedule, must not exhibit a drop in internal pressure of more than 250 kPa/min.

Marginal note:Extended operation

 A gas lighter, when tested in accordance with the procedures described in section 7 of the schedule, must not exhibit, during a continuous burning time of two minutes,

  • (a) ignition of its component parts;

  • (b) expulsion of the valve mechanism; or

  • (c) rupture of the fuel reservoir, with or without flame.

Wick Lighters

Marginal note:Abnormal burning

 A wick lighter, when tested in accordance with the procedures described in sections 11 and 12 of the schedule, followed by a repetition of the procedures described in section 11 of the schedule, must not exhibit

  • (a) a sudden increase in flame height of 50 mm or more;

  • (b) an explosion;

  • (c) combustion at any place other than at the wick; or

  • (d) any other abnormal or unsafe burning characteristics.

Marginal note:Structural integrity

 A wick lighter, when tested in accordance with the procedures described in section 12 of the schedule, must not exhibit rupture of its fuel reservoir or any other damage that could make its operation unsafe.

Information

Marginal note:Name of manufacturer or trademark
  •  (1) Every lighter must have permanently marked on it, in such a manner that the mark remains clear and visible throughout the lighter’s useful life,

    • (a) the name of the manufacturer, in Roman letters, Arabic numerals or a combination of both; or

    • (b) a trademark registered in Canada or for which an application for registration in Canada is pending.

  • Marginal note:Production lots

    (2) When more than one production lot is offered for sale, every lighter must have marked on it, in a clear and visible manner, an identification of its production lot.

  • Marginal note:Principal place of business

    (3) Subject to subsection (5), every lighter must have marked on it, in a clear and visible manner,

    • (a) if the lighter is manufactured in Canada, the manufacturer’s principal place of business or the distributor’s name and principal place of business; and

    • (b) if the lighter is not manufactured in Canada, the importer’s or distributor’s name and principal place of business in Canada.

  • Marginal note:Warning

    (4) Subject to subsection (5), every lighter must have marked on it, in a clear and visible manner, the warning “KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS” or any other warning that conveys the same meaning.

  • Marginal note:Placement of markings

    (5) The information required by subsections (3) and (4) may be marked

    • (a) on the package, if the lighter is enclosed in a sealed package; or

    • (b) on the package or on the instructions within the package, if the lighter is individually enclosed in an unsealed package.

Marginal note:Flame height symbol

 Every lighter that has a device to adjust the flame height must have permanently marked on it, in such a manner that the mark remains clear and visible throughout the lighter’s useful life, an easily understood symbol that indicates the direction in which force is to be applied to increase and decrease the flame height.

Marginal note:Refillable lighters — warning
  •  (1) Every refillable lighter must be accompanied by a clear and legible warning, in English and in French, to keep lighters and their fuels out of the reach of children.

  • Marginal note:Refillable lighters — instructions

    (2) Every refillable lighter must be accompanied by clear and legible instructions that set out, in English and in French, the safe method of refuelling the lighter, including

    • (a) information about the type of fuel to be used and a warning to use only that type of fuel;

    • (b) in the case of a gas lighter, a warning to ensure proper mating between the refill container and the fuel reservoir of the lighter; and

    • (c) in the case of a wick lighter, a warning to fill the lighter slowly, to avoid overfilling and to wipe dry the lighter and the user’s hands before activating the lighter.

Compliance Certificate

Marginal note:Contents and retention

 A manufacturer or an importer of a lighter, other than a luxury lighter, must

  • (a) possess a certificate that states in English or French that its surrogate lighter has been tested and complies with the child resistance requirements of subsection 4(2) and that specifies

    • (i) the name and address of the person who issued the certificate,

    • (ii) the name and address of the manufacturer of the lighter, and

    • (iii) the name and model of the lighter;

  • (b) keep a copy of the certificate for a period of three years after the date of manufacture or importation; and

  • (c) within 15 days after the day on which an inspector’s request is received, provide to the inspector, in English or French, the test data on which the statement referred to in paragraph (a) is based, including the information set out in sections 1210.4(g)(1) to (10) or 1212.4(g)(1) to (10), as applicable, of the CFR, and the name and model of the lighter to which the test data relates.

Documents

Marginal note:Luxury lighters

 A manufacturer or an importer of a luxury lighter must prepare and maintain documents that identify the lighter and that show the following information, and must keep those documents for a period of six years after the date of sale or the date of importation:

  • (a) in the case of a lighter manufactured in Canada, the value at the time of sale by the manufacturer; and

  • (b) in the case of an imported lighter, the value for duty as determined in accordance with sections 47 to 55 of the Customs Act.

Repeal

 [Repeal]

Coming into Force

Marginal note:Registration

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

SCHEDULE(Paragraphs 5(b) and (c), subsection 6(2) and sections 7 to 11)Test Procedures for Lighters

General

  • Marginal note:Fuelling before testing

    1 If a lighter is not fuelled at the point of sale, it must be fuelled in accordance with the manufacturer’s instructions before testing in accordance with sections 5 to 9 and 11 and 12, using the fuel recommended by the manufacturer.

  • Marginal note:Lighter temperature before testing
    • 2 (1) The lighter must be maintained at a temperature of 23 ± 2°C for at least 10 hours immediately before testing in accordance with sections 5 to 7 and 9 to 12.

    • Marginal note:Area temperature during testing

      (2) The area in which tests are conducted must be maintained at a temperature of 23 ± 2°C during testing in accordance with sections 5 to 12.

  • Marginal note:Flame

    3 Testing in accordance with sections 5 to 9 and 11 must meet the following requirements:

    • (a) the testing must be conducted inside a draft-free chamber that is constructed from a suitable non-flammable material and, in the case of flame tests, must be conducted in subdued lighting conditions;

    • (b) the lighter must be positioned to produce a vertically upward flame; and

    • (c) the flame height must be measured to the nearest 5 mm.

  • Marginal note:Record of damage

    4 During testing in accordance with sections 5 to 12, any damage sustained by a lighter or any abnormal or unsafe functioning of a lighter must be recorded.

Gas Lighters

Flame Tests

  • Marginal note:Flame height test
    • 5 (1) Subject to subsection (2), the following procedures are to be used in conducting a gas lighter flame height test:

      • (a) activate the lighter to produce a flame for a continuous five-second period;

      • (b) if the lighter has no shield, measure and record the maximum linear distance observed between the tip of the visible flame and the top of the fuel orifice;

      • (c) if the lighter has a shield, measure and record the maximum linear distance observed between the tip of the visible flame and the top of the shield or, if the shield is retractable, the top of the shield in its fully withdrawn position;

      • (d) take the normal action to extinguish the flame; and

      • (e) measure and record the duration of any burning that occurs immediately after the normal action to extinguish the flame has been taken.

    • Marginal note:Maximum and minimum flame heights

      (2) If a lighter has a device to adjust the flame height, the procedures described in subsection (1) must be first carried out at the maximum flame height and then once more at the minimum flame height.

  • Marginal note:Inversion test

    6 The following procedures are to be used in conducting a gas lighter inversion test:

    • (a) if the lighter has a device to adjust the flame height, adjust it to produce a flame height of 50 mm;

    • (b) proceed to one of the following procedures:

      • (i) in the case of a lighter other than a utility lighter, activate the lighter and turn it to an inverted hand-held position 45° below the horizontal for a continuous 10-second period, and then return it to the original vertical position, or

      • (ii) in the case of a utility lighter, turn the lighter to an inverted hand-held position 45° below the horizontal and then activate it for a continuous 10-second period;

    • (c) take the normal action to extinguish the flame; and

    • (d) measure and record the duration of any burning that occurs immediately after the normal action to extinguish the flame has been taken.

  • Marginal note:Extended operation test

    7 The following procedures are to be used in conducting a gas lighter extended operation test:

    • (a) if the lighter has a device to adjust the flame height, adjust it to produce a flame height of 50 mm;

    • (b) proceed to one of the following procedures:

      • (i) in the case of a lighter other than a utility lighter, activate the lighter to produce a vertical flame for a continuous two-minute period, or

      • (ii) in the case of a utility lighter, turn the lighter to an inverted hand-held position 45° below the horizontal, activate it and let it burn for a continuous two-minute period;

    • (c) take the normal action to extinguish the flame; and

    • (d) observe and record any ignition of the component parts of the lighter, expulsion of the valve mechanism or rupture of the fuel reservoir, with or without flame.

Structural Integrity Tests

  • Marginal note:Drop test — apparatus
    • 8 (1) The test apparatus required for a gas lighter drop test is a concrete slab with a minimum mass of 55 kg and dimensions of at least 60 cm x 60 cm x 6 cm.

    • Marginal note:Drop test — procedures

      (2) The following procedures are to be used in conducting a gas lighter drop test:

      • (a) if the lighter has a device to adjust the flame height, adjust it to produce a flame height of 50 mm;

      • (b) maintain the lighter at a temperature of -10 ± 2°C for at least 10 hours, and then maintain it at a temperature of 23 ± 2°C for at least 10 hours;

      • (c) immediately after the procedure described in paragraph (b), cause the lighter to fall three times onto the horizontally positioned concrete slab from a height of 1.5 m

        • (i) first, from an upright vertical position,

        • (ii) second, from an inverted vertical position, and

        • (iii) third, from a horizontal position;

      • (d) inspect the lighter immediately after each fall for escape of fuel and record any damage; and

      • (e) measure and record any escape of fuel to the nearest milligram per minute.

  • Marginal note:Temperature test — apparatus
    • 9 (1) The test apparatus required for a gas lighter temperature test is an explosion-resistant oven that is capable of maintaining a temperature of 65 ± 2°C.

    • Marginal note:Temperature test — procedures

      (2) The following procedures are to be used in conducting a gas lighter temperature test:

      • (a) if the lighter has a device to adjust the flame height, adjust it to produce a flame height of 50 mm;

      • (b) place the lighter in the oven and maintain a temperature in the oven of 65 ± 2°C for four hours;

      • (c) remove the lighter from the oven and maintain it at a temperature of 23 ± 2°C for at least 10 hours; and

      • (d) inspect the lighter and record any damage and any instance of total loss of fuel.

  • Marginal note:Pressure test — apparatus
    • 10 (1) The test apparatus required for a gas lighter pressure test is a device that is capable of producing a gauge pressure of 2 MPa.

    • Marginal note:Pressure test — procedures

      (2) The following procedures are to be used in conducting a gas lighter pressure test:

      • (a) empty the lighter’s fuel reservoir;

      • (b) subject the fuel reservoir to an internal pressure of 1.5 MPa, but do not permit the internal pressure to rise faster than 150 kPa/s; and

      • (c) observe the lighter for 60 seconds and record any drop in internal pressure.

Wick Lighters

  • Marginal note:Burn test

    11 The following procedures are to be used in conducting a wick lighter burn test:

    • (a) activate the lighter to produce a flame for a continuous 10-second period and then take the normal action to extinguish the flame;

    • (b) reactivate the lighter and turn it to an inverted hand-held position 45° below the horizontal for a continuous 10-second period, and then turn it to the original vertical position;

    • (c) take the normal action to extinguish the flame; and

    • (d) observe and record any abnormal or unsafe burning characteristics.

  • Marginal note:Drop test — apparatus
    • 12 (1) The test apparatus required for a wick lighter drop test is a concrete slab as described in subsection 8(1).

    • Marginal note:Drop test — procedures

      (2) The following procedures are to be used in conducting a wick lighter drop test:

      • (a) cause the lighter to fall three times onto the horizontally positioned concrete slab from a height of 1.5 m

        • (i) first, from an upright vertical position,

        • (ii) second, from an inverted vertical position, and

        • (iii) third, from a horizontal position; and

      • (b) inspect the lighter after each fall and record any damage.

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