Hazardous Products (Lighters) Regulations
SOR/89-514
Registration 1989-10-26
Regulations Respecting the Advertising, Sale and Importation of Hazardous Products (Lighters)
P.C. 1989-2151 1989-10-26
Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to section 5Footnote * of the Hazardous Products Act, is pleased hereby to revoke the Hazardous Products (Lighters) Regulations, made by Order in Council P.C. 1979-3095 of November 15, 1979Footnote **, and to make the annexed Regulations respecting the advertising, sale and importation of hazardous products (lighters), in substitution therefor.
Return to footnote *R.S., c. 24 (3rd Supp.), s. 1
Return to footnote **SOR/79-843, 1979 Canada Gazette Part II, p. 4318
Short Title
1 These Regulations may be cited as the Hazardous Products (Lighters) Regulations.
Interpretation
2 In these Regulations,
- gas lighter
gas lighter means a product utilizing as fuel liquefied hydrocarbons, such as n-butane and isobutane, with a vapour pressure at 24°C that exceeds a gauge pressure of 100 kPa; (briquet à gaz)
- luxury lighter
luxury lighter means a product that is designed to be refilled with fuel and that has, where the product is manufactured in Canada, a value of greater than $2.50 on sale by the manufacturer and, where the product is imported into Canada, a value for duty of greater than $2.50 as determined in accordance with section 46 of the Customs Act; (briquet de luxe)
- product
product means a lighter included in item 34 of Part II of Schedule I to the Hazardous Products Act; (produit)
- production lot
production lot means a group of substantially identical products 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 product and projects beyond it; (écran de protection)
- spitting
spitting means an escape of liquid fuel that produces a shower of burning droplets which separate from the main flame; (crachotement)
- successful operation
successful operation means the emission of an audible or visual signal, when a surrogate lighter is being tested; (actionner)
- surrogate lighter
surrogate lighter means a device used for testing purposes that
(a) approximates the appearance, size and weight of the product that it represents,
(b) is, within reasonable manufacturing tolerances, identical to the product that it represents in all factors that affect child-resistance, including the operation and force or forces required for operation,
(c) has no fuel, and
(d) produces a clearly discernible audible or visual signal instead of a flame. (briquet de substitution)
- wick lighter
wick lighter means a product utilizing as fuel liquid hydrocarbons, such as hexane, with a vapour pressure at 24°C that does not exceed a gauge pressure of 34 kPa. (briquet à essence)
- SOR/91-261, s. 1
- SOR/95-252, s. 1
General
3 A product may be advertised, sold or imported if the product meets the requirements of these Regulations.
Luxury Lighter Records
3.1 Any person who manufactures or imports a luxury lighter shall, for a period of six years beginning on the date of sale by the manufacturer or the date of importation, as the case may be, maintain records that identify the luxury lighter and that show
(a) in the case of a luxury lighter manufactured in Canada, the value on sale by the manufacturer; and
(b) in the case of an imported luxury lighter, the value for duty as determined in accordance with section 46 of the Customs Act.
- SOR/95-252, s. 2
Compliance Certificate
3.2 The manufacturer and the importer of a product other than a luxury lighter shall
(a) possess a certificate that states in English or French that the surrogate lighter of the product has been tested and complies with the requirements set out in subsection 7.1(2) for child-resistance and
(i) the name and address of the person who issued the certificate;
(ii) the name and address of the manufacturer of the product, and
(iii) the name and model of the product;
(b) keep a copy of the certificate for three years beginning on the date of manufacture or importation of the product, as the case may be; and
(c) within 15 days after a request by an inspector, make available in English or French the test data on which the statement referred to in paragraph (a) is based, including the information set out in 1210.4(g)(1) to (10) of Title 16 of the Code of Federal Regulations (United States), as amended from time to time, and the name and model of the product to which the test data relates.
- SOR/95-252, s. 2
PART ILabelling Requirements
4 (1) Every product shall have permanently marked on it, in such a manner that the mark shall remain clear and visible throughout the useful life of the product,
(a) the name of the manufacturer, in roman characters; or
(b) a trade mark registered in Canada or for which an application for registration in Canada is pending.
(2) Where more than one production lot is offered for sale, every product shall have marked on it, in a clear and visible manner, a means of identifying the production lot of which that product forms a part.
(3) Subject to subsection (4), every product shall have marked on it, in a clear and visible manner,
(a) where the product is manufactured in Canada, the principal place of business of the manufacturer or the name and principal place of business of the distributor;
(b) where the product is not manufactured in Canada, the name and principal place of business of the importer or distributor in Canada; and
(c) the warning: “KEEP OUT OF REACH OF CHILDREN/TENIR HORS DE LA PORTÉE DES ENFANTS” or any other warning that conveys the same meaning.
(4) The information required under subsection (3) may be marked
(a) on the package, where the product is enclosed in a sealed package; or
(b) on the package or on the instructions within the package, where the product is individually enclosed in an unsealed package.
- SOR/95-252, s. 3
5 Every product that has a device to adjust the flame height shall have permanently marked on it, in such a manner that the mark shall remain clear and visible throughout the useful life of the product, an easily understood symbol indicating the direction in which force is to be applied to increase and decrease the flame height.
6 Every product that is designed to be refuelled shall be accompanied by instructions that clearly set out, in English and in French, the safe method of refuelling the product, including
(a) information as to the type of fuel to be used to refill the product and a warning to use only that type of fuel;
(b) a warning to keep lighters and fuels therefor out of the reach of children;
(c) 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
(d) 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 hands of the user before activating the lighter.
PART IIDesign and Performance Requirements
Application of Force
7 (1) Every luxury lighter shall be designed in such a manner as to require at least one of the following manual operations by a person using it in order to produce a flame:
(a) a deliberate action to produce and maintain a flame;
(b) two separate and distinct actions to achieve ignition; and
(c) the application of a force equal to or greater than 15 N to produce a flame.
(2) Every product that has a device to adjust the flame height shall be designed in such a manner as to require the deliberate application of a reasonable force by a person using the product in order to adjust the flame height.
- SOR/95-252, s. 4
Child-resistance Requirements
7.1 (1) All products, other than luxury lighters, shall be child-resistant.
(2) For the purposes of subsection (1), a product is child- resistant where its surrogate lighter has been tested in accordance with the test protocol described in section 1210.4, without regard to sections 1210.4(a)(3) and (b)(1), of Title 16 of the Code of Federal Regulations (United States), as amended from time to time, and has been resistant to successful operation by at least 85 per cent of the children participating in the test.
- SOR/95-252, s. 5
7.2 The mechanism or system that makes a product child-resistant shall
(a) require that the user perform at least two separate and distinct actions to achieve ignition;
(b) reset itself automatically after each operation of the ignition mechanism of the product;
(c) where the product is a gas lighter, continue to function effectively after each test set out in sections 5 to 9 of the schedule; and
(d) where the product is a wick lighter, continue to function effectively after each test set out in sections 11 and 12 of the schedule.
- SOR/95-252, s. 5
Flame Height of Gas Lighters
8 A gas lighter, when tested in accordance with the procedures described in sections 5 and 6 of the schedule and
(a) section 8 of the schedule, followed by the procedures described in sections 5 and 6 thereof, or
(b) section 9 of the schedule, followed by the procedures described in sections 5 and 6 thereof,
shall
(c) where the lighter has neither a shield nor a device to adjust the flame height, have a vertical flame height not exceeding 50 mm,
(d) where the lighter has a shield but no device to adjust the flame height, have a vertical flame height not exceeding 100 mm,
(e) where the lighter has a device to adjust the flame height, have a vertical flame height not exceeding
(i) 150 mm, where the device is adjusted to produce maximum flame height, and
(ii) 50 mm, where the device is adjusted to produce minimum flame height, and
(f) not exhibit a flame above the fuel orifice for more than two seconds after the normal action to extinguish the flame has been taken.
Abnormal Burning of Gas Lighters
9 A gas lighter, when tested in accordance with at least one of the procedures described in sections 5, 6 and 8 to 10 of the schedule, shall 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 prescribed by section 8;
(c) an explosion;
(d) combustion at any place other than at the fuel orifice of the product or in the main flame;
(e) spitting; or
(f) any other abnormal or unsafe burning characteristics.
Abnormal Burning of Wick Lighters
10 A wick lighter, when tested in accordance with the procedures described in section 11 of the schedule and with the procedures described in section 12 thereof followed by those described in section 11 thereof, shall 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.
Structural Integrity of Gas Lighters
11 A gas lighter, when tested in accordance with the procedures described in section 8 or 9 of the schedule, shall not exhibit damage that would make the operation of the lighter unsafe.
12 A gas lighter, when tested in accordance with the procedures described in section 8 of the schedule, shall not exhibit an escape of fuel exceeding 15 mg per minute.
13 A gas lighter, when tested in accordance with the procedures described in section 9 of the schedule, shall not exhibit leakage that results in total exhaustion of fuel after the cooling period described in paragraph 9(2)(c) of the schedule.
14 A gas lighter, when tested in accordance with the procedures described in section 10 of the schedule, shall not exhibit a drop in internal pressure of more than 250 kPa per minute.
Structural Integrity of Wick Lighters
15 A wick lighter, when tested in accordance with the procedures described in section 12 of the schedule, shall not exhibit rupture of its fuel reservoir or any other damage that would affect its safe operation.
Extended Operation of Gas Lighters
16 A gas lighter, when tested in accordance with the procedures described in section 7 of the schedule, shall not exhibit, during a continuous burning time of two minutes,
(a) ignition of the component parts;
(b) expulsion of the valve mechanism; or
(c) rupture of the fuel reservoir, with or without flame.
SCHEDULE(ss. 8 to 16)Test Procedures for Lighters
General
1 Where a product is not fuelled at the point of sale, it shall be fuelled in accordance with the manufacturer’s instructions using the fuel recommended by the manufacturer prior to testing in accordance with sections 5 to 9 and 11 and 12.
2 (1) The product shall be maintained at a temperature of 23 ± 2°C for at least 10 hours immediately preceding testing in accordance with sections 5 to 7 and 9 to 12.
(2) The area in which tests are conducted shall be maintained at a temperature of 23 ± 2°C during testing.
3 (1) Flame height measurements shall be taken
(a) inside a draft-free chamber constructed from a suitable non-flammable material; and
(b) with the product positioned to produce a vertically upward flame.
(2) The flame height shall be measured to the nearest 5 mm.
(3) All flame tests shall be conducted in subdued lighting conditions.
4 Any damage sustained by a product or any abnormal or unsafe functioning of the product during a test shall be recorded.
Gas Lighters
Flame Tests
Flame Height Test
5 The procedures to be used to measure the flame height of a gas lighter are as follows:
(a) where the lighter is equipped with a device to adjust the flame height, test the lighter first with the device adjusted to produce maximum flame height and secondly with the device adjusted to produce minimum flame height;
(b) activate the lighter to produce a flame for a continuous five-second period;
(c) where 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;
(d) where 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, where the shield is retractable, the top of the shield in its fully withdrawn position;
(e) take the normal action to extinguish the flame; and
(f) measure and record the duration of any burning that occurs immediately after the normal action to extinguish the flame has been taken.
Inversion Test
6 The procedures to be used in conducting an inversion test of a gas lighter are as follows:
(a) where the lighter is equipped with a device to adjust the flame height, adjust the device to produce a vertically upward flame with a flame height of 50 mm;
(b) activate the lighter;
(c) turn the lighter to an inverted hand-held position 45° below the horizontal for a continuous 10-second period after which return the lighter to the original vertical 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.
Extended Operation Test
7 The procedures to be used in conducting a gas lighter extended operation test are as follows:
(a) where the lighter is equipped with a device to adjust the flame height, adjust the device to produce a flame height of 50 mm;
(b) activate the lighter to produce a vertical flame for a continuous two-minute period after which take the normal action to extinguish the flame; and
(c) 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
Drop Test
8 (1) The test apparatus required for a gas lighter drop test is a horizontal concrete slab with a minimum mass of 55 kg and dimensions of at least 60 cm × 60 cm × 6 cm.
(2) The procedures to be used in conducting a gas lighter drop test are as follows:
(a) where the lighter is equipped with a device to adjust the flame height, adjust the device to produce a flame height of 50 mm;
(b) maintain the lighter at a temperature of -10 ± 2°C for a period of at least 10 hours after which maintain the lighter at a temperature of 23 ± 2°C for a period of at least 10 hours;
(c) immediately after the procedure described in paragraph (b), cause the lighter to fall three times from a height of 1.5 m onto the concrete slab
(i) first, from an upright vertical position,
(ii) secondly, from an inverted vertical position, and
(iii) thirdly, 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.
Temperature Test
9 (1) The test apparatus required for a gas lighter temperature test is an oven, preferably explosion-resistant, capable of maintaining a temperature of 54 ± 2°C.
(2) The procedures to be used in conducting a gas lighter temperature test are as follows:
(a) where the lighter is equipped with a device to adjust the flame height, adjust the device to produce a flame height of 50 mm;
(b) place the lighter in the oven and maintain a temperature in the oven of 54 ± 2°C for a period of four hours;
(c) remove the lighter from the oven and maintain the lighter at a temperature of 23 ± 2°C for a period of at least 10 hours; and
(d) inspect the lighter and record any damage and any instance of total loss of fuel.
Pressure Test
10 (1) The test apparatus required for a gas lighter pressure test is a device capable of producing a gauge pressure of 2 MPa.
(2) The procedures to be used in conducting a gas lighter pressure test are as follows:
(a) empty the fuel reservoir of the lighter;
(b) subject the fuel reservoir of the lighter to an internal pressure of 1.5 MPa but do not permit the internal pressure to rise at a rate which exceeds 150 kPa per second; and
(c) observe the lighter for 60 seconds and record any drop in internal pressure.
Wick Lighters
Burn Test
11 The procedures to be used in conducting a wick lighter burn test are as follows:
(a) position the lighter to produce a vertically upward flame;
(b) activate the lighter to produce a flame for a continuous 10-second period after which take the normal action to extinguish the flame;
(c) reactivate the lighter and turn it to an inverted hand-held position 45° below the horizontal for a continuous 10-second period after which turn the lighter to the original vertical position;
(d) take the normal action to extinguish the flame; and
(e) observe and record any abnormal or unsafe burning characteristics.
Drop Test
12 (1) The test apparatus required for a wick lighter drop test is a horizontal concrete slab as described in subsection 8(1).
(2) The procedures to be used in conducting a wick lighter drop test are as follows:
(a) cause the lighter to fall three times from a height of 1.5 m onto the concrete slab,
(i) first, from an upright vertical position,
(ii) secondly, from an inverted vertical position, and
(iii) thirdly, from a horizontal position; and
(b) inspect the lighter after each fall and record any damage.
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