Canadian Toy Safety
Legislation Related to
Toxicity Hazards
The Hazardous Products Act
In Canada, safety requirements for toys, equipment
and other products for use by a child in learning or
play are specified in the Hazardous Products Act
and the associated Hazardous Products (Toys)
Regulations.
Restricted toys can only be advertised, sold or
imported if they meet specific safety requirements,
as defined in the Hazardous Products (Toys)
Regulations.
The toxicity-related provisions within these
Regulations have been in effect since 1974.
The Hazardous Products Act :
Prohibitions
The Hazardous Products Act and Regulations
Part I of Schedule I to
the Hazardous Products
Act lists prohibited
products -- these
cannot be advertised,
sold or imported.
A number of prohibitions
are in place to protect
children from toxicity
hazards.
Part I
Part II
Part III
Prohibited &
Restricted
Products
Controlled
Products
Administration &
Enforcement
Schedule I
Schedule II
Inspectors and
Analysts
Search, Seizure
and Forfeiture
Part I
Part II
Prohibited
Products
Restricted
Products
Various
Regulations
Controlled
Products
Regulations
Offence,
Punishment and
Procedure
The Hazardous Products Act :
Prohibitions
Identified Toxic Substances (Item 8 of Schedule 1 to the
HPA)
A toy is prohibited if it contains any of the following substances if
they are either accessible to a child or could be released on
breakage or leakage:
carbon tetrachloride or any substance containing carbon
tetrachloride
methyl alcohol or any substance containing more than 1%
w/v of methyl alcohol
petroleum distillates or any substance containing more than
10% w/v of petroleum distillates
benzene
turpentine or any substance containing more than 10% w/v of
turpentine
boric acid or salts of boric acid
ethyl ether
The Hazardous Products Act :
Prohibitions
Heavy Metals in Applied Surface Coatings (Item 9 of
Schedule 1 to the HPA)
A toy is prohibited if has an applied surface coating that contains
any of the following substances:
total lead in excess of 600 mg/kg
any compound of antimony, arsenic, cadmium,
selenium or barium if more than 0.1% dissolves in 5% HCl
after stirring for 10 minutes @ 20°C
any compound of mercury
The Hazardous Products Act :
Prohibitions
Organic Solvents (Item 21 of Schedule 1 to the HPA)
Blowing balloon toys are prohibited if they contain any aromatic,
aliphatic or any other organic solvent.
The Hazardous Products Act :
Prohibitions
Asbestos (Item 28 of Schedule 1 to the HPA)
A toy that contains any actinolite, amosite,
anthophyllite, chrysotile, crocidolite, cummingtonite,
tremolite or any other asbestos is prohibited if the
asbestos may become separated from the toy.
The Hazardous Products Act :
Restrictions
The Hazardous Products Act and Regulations
Part II of Schedule I to the
Hazardous Products Act
identifies restricted products.
Part I
Restricted products are
identified by their design,
construction or contents.
Restricted toys must meet the
applicable requirements of the
Hazardous Products (Toys)
Regulations in order to be
advertised, sold or imported.
Part II
Part III
Prohibited &
Restricted
Products
Controlled
Products
Administration &
Enforcement
Schedule I
Schedule II
Inspectors and
Analysts
Search, Seizure
and Forfeiture
Part I
Part II
Prohibited
Products
Restricted
Products
Various
Regulations
Controlled
Products
Regulations
Offence,
Punishment and
Procedure
The Hazardous Products Act :
Restrictions
A number of restrictions are in place to protect
children from toxicity hazards.
If a toy contains a toxic substance, other than a
prohibited substance, then one of the three conditions
below must be met:
(a) the substance cannot be ingested, inhaled or absorbed
through the skin;
(b) the total quantity of the substance shall not exceed onehundredth of the acute oral or dermal LD50 calculated for a
10 kg child; or
(c) the toxicity of the substance is not considered excessively
toxic (limits defined in Schedule I to the Toy Regulations)
The Hazardous Products Act :
Restrictions
Hazardous Products (Toys) Regulations –
Schedule I, Permissible Limits of Toxicity
A substance is considered excessively toxic for humans if
the acute oral LD50 value for rat is 5 grams or less per kilogram body
weight;
the acute dermal LD50 value for rabbit is 2 grams or less per kilogram
body weight; or
the LC50 value for a one-hour exposure determined using rats, is 20,000
ppm by volume of gas or vapour or less, or 200 milligrams per litre by
volume of mist or dust or less.
The Hazardous Products Act :
Restrictions
If a toy is likely to be used by a child of less than three
years of age and it is made of, or contains any, plastic
material, the material must be considered acceptable
for use in the manufacture of food packaging materials
and food containers.
All finger paints must be water-based and meet all other
toxicity requirements.
The Hazardous Products Act : Other
Toxicity-related Regulations
Science Education Sets Regulations –
limits chemical substances by toxicity and quantity and specifies
labelling
The Children’s Jewellery Regulations – permit the sale of
children’s
jewellery only if it contains less than 600 mg/kg total lead and less
than
90 mg/kg migratable lead
Children’s jewellery items and science education sets are not
classified as toys in Canada
Lead in Children’s Jewellery Lead-containing ‘Rune’ pendant
Lead is a soft, inexpensive heavy metal often used to
make costume jewellery
Children are exposed to lead when they suck or chew on
lead-containing items
Lead-containing jewellery associated with cases of lead
toxicity:
1998 – Calgary child developed elevated blood lead after sucking on
lead Kids Klub pendant
2003 – Oregon boy hospitalized with lead poisoning after swallowing
Rune pendant made of lead
2006 – Michigan boy died of lead poisoning after swallowing Reebok
charm containing lead
Health Canada Management of Risks
Associated with Children’s
Leaded Jewellery
In April 1999 Health Canada requested that industry
voluntarily refrain from selling children’s leaded jewellery
Follow-up national marketplace surveys in 2000 and
2002 showed that compliance with voluntary standards
was poor
In 2005, under authority of the Hazardous Products Act,
the Children’s Jewellery Regulations came into force,
allowing the import, advertisement or sale of jewellery for
children under 15 years of age only if the jewellery does
not contain more than 600 mg/kg total lead and 90
mg/kg migratable lead
Unregulated Product
Concerns
Lead in Children’s Products
Health Canada’s Lead Risk Reduction Strategy for Consumer
Products proposes lead content limits for four specific categories
of consumer products to which children are most likely to be
exposed.
The proposed limit for all accessible parts of toys likely to be used by
a child of less than three years of age is 90 mg/kg total lead.
Proposed limits for all accessible parts of toys likely to be used by a
child of three years of age and older of 600 mg/kg for total lead and 90
mg/kg for migratable lead are currently under study.
Phthalates
Industry has been asked to remove DINP and DEHP from soft
vinyl teethers, rattles and other buccal products for young children.
Administration and Enforcement
The Hazardous Products Act does not require toys to be certified or
approved for sale – it requires that all toys advertised, sold or imported
comply with the legislation.
Manufacturers, importers, distributors and retailers must ensure that their
products are in compliance with the law. Testing against the requirements
is the best way to ensure compliance.
Health Canada is the federal government department responsible for the
administration and enforcement of the Hazardous Products Act.
Health Canada’s Product Safety Laboratory develops and publishes test
methods for compliance assessment.
Health Canada’s Product Safety Officers are active across the country
surveying the market and removing non-compliant product from
distribution.
FOR FURTHER INFORMATION
Visit Health Canada’s Consumer Product Safety Web site:
http://www.healthcanada.gc.ca/cps-industry
Refer to the “Quick Reference Guide to the Hazardous Products Act for
Manufacturers, Importers, Distributors and Retailers”
Refer to the “Industry Guide to Canadian Safety Requirements for Toys
and Related Products”
or e-mail: CPS-SPC@hc-sc.gc.ca
Visit Justice Canada’s Web-site
for access to the Hazardous Products Act: and associated
Regulations:
http://laws.justice.gc.ca/en/H-3/index.html