Hazardous Products Act

Part I

• 1 Jequirity beans (abrus precatorius) or any substance or article made from or including jequirity beans in whole or in part.

• 2 Furniture and other articles for children that have a surface coating material that contains more than 90 mg/kg of total lead.

• 3 Yo-yo type balls and similar products made of a soft and pliable material and consisting of at least a ball or an object of any other shape that is attached to a stretchable cord, whether or not of the same material, that is capable of extending to at least 500 mm in length.

• 4 Products that are made in whole or in part of textile fibres — other than products included in items 5 and 13 of this Part and items 14, 25, 26, 29, 30, 31.1, 32, 40 and 46 of Part II of this schedule — and that, when tested in accordance with the Canadian General Standards Board standard CAN/CGSB 4.2 NO. 27.5-94 entitled Textile Test Methods – Flame Resistance – 45° Angle Test – One Second Flame Impingement, as amended from time to time, have a time of flame spread of either of the following:

  • (a) 3.5 seconds or less, if the product does not have a raised fibre surface; or

  • (b) 4 seconds or less, if the product has a raised fibre surface and exhibits ignition or fusion of its base fibres.

• 5 Children’s sleepwear — other than products included in item 40 of Part II of this schedule — in sizes up to and including size 14X that, when tested in accordance with the Canadian General Standards Board standard CAN/CGSB 4.2 NO. 27.5-94 entitled Textile Test Methods – Flame Resistance – 45° Angle Test – One Second Flame Impingement, as amended from time to time, have a time of flame spread of 7 seconds or less.

• 6 Spectacle frames that, in whole or in part, are made of or contain cellulose nitrate.

• 7 Toys, equipment and other products for use by a child in learning or play that are, in whole or in part, made of or impregnated with celluloid or cellulose nitrate, other than Ping Pong balls.

• 8 Toys, equipment and other products for use by a child in learning or play that contain any of the following substances :

  • (a) carbon tetrachloride or any substance containing carbon tetrachloride,

  • (b) methyl alcohol or any substance containing more than 1 per cent weight to volume of methyl alcohol,

  • (c) petroleum distillates or any substance containing more than 10 per cent weight to volume of petroleum distillates,

  • (d) benzene,

  • (e) turpentine or any substance containing more than 10 per cent weight to volume turpentine,

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

  • (g) ethyl ether,

  where the substance can, under reasonably foreseeable circumstances, become accessible to a child or where the substance is a filling that may be released on breakage or leakage.

• 9 Toys, equipment and other products for use by a child in learning or play that have a surface coating material that contains any of the following substances:

  • (a) lead, the total content of which is more than 90 mg/kg;

  • (b) [Repealed, SOR/2010-225, s. 2]

  • (c) any compound of antimony, arsenic, cadmium, selenium or barium introduced as such if more than 0.1 per cent of such compound dissolves in five per cent hydrochloric acid after stirring for ten minutes at 20^oC; or

  • (d) any compound of mercury introduced as such.

• 10 Toys, equipment and other products for use by a child in learning or play that

  • (a) make or emit noise exceeding one hundred decibels measured at the distance that the product ordinarily would be from the ear of the child using it;

  • (b) contain plant seeds as pellets for making noise, where the product is intended for use by a child of less than three years of age; or

  • (c) contain plant seeds as stuffing material.

• 11 Kite strings made of a material that is a conductor of electricity.

• 12 Baby walkers that are mounted on wheels or any other device permitting movement of the walker and that have an enclosed area supporting the baby in a sitting or standing position so that their feet touch the floor, thereby enabling the horizontal movement of the walker.

• 13 Bedding, except mattresses, that is made in whole or in part of textile fibres and that, when tested in accordance with the Canadian General Standards Board standard CAN/CGSB 4.2 NO. 27.5-94 entitled Textile Test Methods – Flame Resistance – 45° Angle Test – One Second Flame Impingement, as amended from time to time, has a time of flame spread of 7 seconds or less, if the bedding either

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

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

• 14 Products for babies, including teethers, soothers and pacifiers, that are put in the mouth when used and that contain a filling that has in it a viable micro-organism.

• 15 Structural devices that position feeding bottles to enable babies to feed themselves therefrom while unattended.

• 16 Polycarbonate baby bottles that contain 4,4’ - isopropylidenediphenol (bisphenol A).

• 17 [Repealed, SOR/2009-109, s. 1]

• 18 Pencils and artists’ brushes that have a surface coating material that contains more than 90 mg/kg of total lead.

• 19 Ice hockey helmets that do not meet the requirements of Canadian Standards Association standard CAN/CSA-Z262.1-M90, entitled Ice Hockey Helmets, as amended from time to time.

• 20 Products for protecting the face of ice hockey and box lacrosse players that do not meet the requirements of Standard CAN 3-Z262.2-M78, Face Protectors for Ice Hockey and Box Lacrosse Players, a standard of the Canadian Standards Association, published in English in December, 1978 and in French in June, 1979.

• 21 Toys, equipment and other products for use in blowing balloons by a child that contain any aromatic, aliphatic or any other organic solvent, which solvent or any vapour therefrom may, during or as a result of the normal use of the product, be released directly into the mouth.

• 22 [Deleted, SOR/2001-270, s. 3]

• 23 Disposable metal containers that contain a pressurizing fluid composed in whole or in part of vinyl chloride and that are designed to release pressurized contents by the use of a manually operated valve that forms an integral part of the container.

• 24 [Deleted, SOR/93-235, s. 2]

• 25 [Deleted, SOR/2001-270, s. 4]

• 26 Liquids containing polychlorinated biphenyls for use in microscopy, including immersion oils but not including refractive index oils.

• 27 Kites that are, or contain any decorative or functional part or component that is, made of uninsulated metal that

  • (a) has a maximum linear dimension in excess of 150 mm (6 inches), or

  • (b) is plated or otherwise coated with a conductive film whose maximum linear dimension exceeds 150 mm (6 inches),

  and that is separated from adjacent conductive areas by a non-conductive area of less than 50 mm (2 inches).

• 28 [Repealed, SOR/2007-259, s. 2]

• 29 Candles that are designed in such a manner that, when lighted and subsequently extinguished by any means, they re-ignite spontaneously.

• 30 Products made in whole or in part of textile fibres, intended for use as wearing apparel, that are treated with or contain tris (2,3 dibromopropyl) phosphate as a single substance or as part of a chemical compound.

• 31 Any substance used to induce sneezing, whether or not called “sneezing powder”, that contains

  • (a) 3,3′-dimethoxybenzidine (4,4′-diamino-3,3′-dimethoxybiphenyl) or any of its salts;

  • (b) plant products derived from the genera Helleborus (hellebore), Veratrum album (white hellebore) or Quillaia (Panama Wood);

  • (c) protoveratrine or veratrine; or

  • (d) any isomer of nitrobenzaldehyde.

• 32 Cutting oils and cutting fluids, for use in lubricating and cooling the cutting area in machining operations, that contain more than 50 micrograms per gram of any nitrite, when monoethanolamine, diethanolamine or triethanolamine is also present.

• 33 [Repealed, SOR/2009-192, s. 1]

• 34 Urea Formaldehyde based thermal insulation, foamed in place, used to insulate buildings.

• 35 Devices for use in motor vehicles for the purpose of restraining infants, which devices do not meet the requirements of Schedule 4 to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations.

• 36 Any type of mechanism that

  • (a) resembles or is intended to resemble a bomb;

  • (b) is composed of a clock attached to or intended to be attached to an object that simulates an explosive, as defined in the Explosives Act; and

  • (c) is advertised, sold or imported as a consumer product.

• 37 [Repealed, SOR/2007-259, s. 3]

• 38 [Deleted, SOR/2001-270, s. 5]

• 39 Lawn darts with elongated tips.

• 40 [Repealed, SOR/2007-259, s. 4]

• 41 Cigarettes that, when tested in accordance with the method set out in the regulations, do not meet the requirements of the flammability standard set out in the regulations.

• 42 Jewellery that is produced, sized, decorated, packaged, advertised or sold in a manner that appeals primarily to a child under 15 years of age — except merit badges, medals for achievement or other similar objects normally worn only occasionally — and that contains more than 600 mg/kg of total lead and more than 90 mg/kg of migratable lead, when tested using practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development’s 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.

Part II

• 1 Chemical products as defined in the Consumer Chemicals and Containers Regulations, 2001.

• 2 Containers as defined in the Consumer Chemicals and Containers Regulations, 2001.

• 3 Glass doors and enclosures, as defined in the Glass Doors and Enclosures Regulations.

• 4 Corded window covering products, as defined in the Corded Window Covering Products Regulations.

• 4.1 [Repealed, 1997, c. 13, s. 63]

• 5 Consumer products containing lead as defined in the Consumer Products Containing Lead (Contact with Mouth) Regulations.

• 6. to 11 [Repealed, SOR/2001-270, s. 6]

• 12 [Repealed, SOR/2008-89, s. 2]

• 13 Toys, equipment and other products for use by a child in learning or play that

  • (a) are packaged in flexible film bags;

  • (b) are operated electrically;

  • (c) are or are likely to be used by a child of less than three years of age and have a component that is separable;

  • (d) have exposed metal edges;

  • (e) have embedded in them a wire frame or structure;

  • (f) are made, in whole or in part, of plastic that would, on breaking, expose sharp edges;

  • (g) have exposed wooden surfaces, edges or corners;

  • (h) are made, in whole or in part, of glass;

  • (i) have fasteners used in their construction;

  • (j) have a folding mechanism, bracket or bracing;

  • (k) contain, as an integral part, a spring-wound driving mechanism capable of injuring a child’s finger, other than construction toys;

  • (l) contain a projectile component, other than a rocketry component, capable of causing a puncture wound;

  • (m) are so designed and constructed that they

    • (i) are large enough for a child to enter or be placed therein, and

    • (ii) can be closed by a lid or door;

  • (n) are stationary and intended to bear the weight of a child;

  • (o) contain a surface, part or substance that during reasonably foreseeable use will or may become heated;

  • (p) contain a toxic substance other than a toxic substance named in item 8 of Part I of this Schedule;

  • (q) contain a corrosive substance, irritant or sensitizer; or

  • (r) are or are likely to be used by a child of less than three years of age and are made of or contain any plastic material.

• 14 Dolls, plush (raised fibre) toys and soft toys that have

  • (a) a fastening in them to attach parts, clothing or ornamentation;

  • (b) any stuffing in them;

  • (c) eyes or a nose the greatest dimension of which is 32 mm (1 1/4 inches) or less;

  • (d) an outer covering consisting in whole or in part of a flat or raised fibre textile material or natural fur;

  • (e) exposed surfaces consisting in whole or in part of yarn of spun staple or bulked continuous filament form;

  • (f) hair or mane, or simulated hair or simulated mane, consisting of material other than yarn described in paragraph (e); or

  • (g) a squeaker, reed, valve or similar device.

• 15 Pull and push toys that have shaft-like handles that are 10 mm (3/8 inch) or less in diameter.

• 16 Toy steam engines.

• 17 Finger paints.

• 18 Rattles.

• 19 Elastics intended for attaching toys, equipment or other products for use by a child in learning or play across a baby carriage, crib or playpen.

• 20 Batteries for use in or with any toy, equipment or other product for use by a child in learning or play.

• 20.1 Glazed ceramics and glassware, within the meaning of the Glazed Ceramics and Glassware Regulations.

• 21 [Deleted, SOR/98-175, s. 2]

• 22 Science education sets and their replacement chemicals as defined in the Science Education Sets Regulations.

• 23 Matches.

• 24 Charcoal for use in domestic cooking or heating.

• 25 Cribs, cradles and bassinets as defined in the Cribs, Cradles and Bassinets Regulations.

• 26 Playpens (play yards) for children.

• 27 Pacifiers and similar products for babies that are put in the mouth when used, except pacifiers described in item 14 of Part I of this schedule.

• 28 Kettles for household use that release lead into water boiled therein.

• 29 Carpets, carpeting (including carpet tiles), mats, matting and rugs (other than those that are one-of-a-kind, or Oriental rugs) that are made in whole or in part of textile fibres, that have not been treated with a fire retardant, and that when any sample thereof, consisting of 48 specimens measuring not less than 23 cm by 23 cm (approximately 9 inches by 9 inches) each, is tested in accordance with

  • (a) the normal sequential sampling plan set out in the Standard for Flammability of Soft Floor Coverings — Sampling Plans, being standard 4-GP-155 established by the Canadian Government Specifications Board, published in January, 1974, and

  • (b) method 27.6 of the Canadian Standard Textile Test Methods, being standard 4-GP-2 established by the Canadian Government Specifications Board, published in November, 1971,

  the sample has a rate of flammability failure in excess of the rate permitted by standard 4-GP-155 for that sampling plan.

• 30 Carpets, carpeting (including carpet tiles), mats, matting and rugs (other than those that are one-of-a-kind, or Oriental rugs) that are made in whole or in part of textile fibres, that have been treated with a fire retardant, and that when any sample thereof, consisting of 48 specimens measuring not less than 23 cm by 23 cm (approximately 9 inches by 9 inches) each, is

  • (a) subjected to method 30.2 of the Canadian Standard Textile Test Methods, being standard 4-GP-2 established by the Canadian Government Specifications Board, published in November, 1971,

  • (b) tested in accordance with the normal sequential sampling plan set out in the Standard for Flammability of Soft Floor Coverings — Sampling Plans, being standard 4-GP-155 established by the Canadian Government Specifications Board, published in January, 1974, and

  • (c) tested in accordance with method 27.6 of the Canadian Standard Textile Test Methods, being standard 4-GP-2 established by the Canadian Government Specifications Board, published in November, 1971,

  the sample has a rate of flammability failure in excess of the rate permitted by standard 4-GP-155 for that sampling plan.

• 31 Surface coating materials as defined in section 1 of the Surface Coating Materials Regulations.

• 31.1 Tents that are made in whole or in part of fabric or other pliable materials, including camping tents, play tents, ice-fishing tents and dining shelters but not including canopies, awnings, tarpaulins, tent trailers, air-supported structures or tents subject to the National Building Code of Canada, 1985, issued by the Associate Committee on the National Building Code, National Research Council of Canada.

• 32 Products intended, promoted or normally used for the purpose of being slept on that contain resilient material enclosed within a ticking, whether or not those products are commonly referred to as mattresses, other than

  • (a) mattress pads;

  • (b) sleeping bags;

  • (c) box springs and other mattress foundations and supports;

  • (d) parts of upholstered furniture that may be used for the purpose of being slept on that are not separate mattresses;

  • (e) infant product pads and crib mattresses; and

  • (f) one-of-a-kind prescription mattresses.

• 33 [Deleted, SOR/2001-270, s. 8]

• 34 Lighters as defined in the Lighters Regulations.

• 35 Cellulose fibre for use as loose fill thermal insulation in indoor building construction.

• 36 Glass containers of a capacity of 1.5 L or more containing a non-alcoholic carbonated beverage.

• 37 Infant feeding bottle nipples and other similar products that, when used, are put in the mouth of an infant.

• 38 [No item 38]

• 39 Carriages and strollers for infants and children.

• 40 Children’s nightgowns, nightshirts, dressing gowns, bathrobes, housecoats, robes, pyjamas and baby-doll pyjamas in sizes up to and including 14X, other than

  • (a) those designed for use in a hospital;

  • (b) those designed for infants up to 7 kg;

  • (c) polo pyjamas; and

  • (d) sleepers.

• 41 Devices for restraining children in motor vehicles, other than seat belt assemblies for children that are sold, imported or advertised with motor vehicles as components thereof and replacements for such seat belt assemblies.

• 42 [Deleted, SOR/2001-270, s. 9]

• 43 [Repealed, SOR/2005-343, s. 2]

• 44 Asbestos products as defined in the Asbestos Products Regulations.

• 45 Any device for use in a motor vehicle for the purpose of seating a child in an elevated position on a vehicle seat in order to adapt the adult seat belt assembly of the motor vehicle to the child.

• 46 Expansion gates and expandable enclosures for children.

• 47 Residential detectors within the meaning of the Residential Detectors Regulations.