Canada – Ontario Revokes Upholstered and Stuffed Articles Labeling Regulation

Vol. 1049 | 12 Dec 2018

The Government of Ontario announced revocation of the upholstered and stuffed articles regulation under Technical Standards and Safety Act of 2000. The regulation will be revoked effective July 1, 2019.

Due to the revocation of this regulation, starting July 1, 2019, upholstered and stuffed articles offered for sale in the province of Ontario will no longer require registration with Technical Standards and Safety Authority (TSSA) or labeling per the upholstered and stuffed articles regulation.

It should be noted that the Provinces of Quebec and Manitoba still have the regulation that requires registration and labeling for upholstered and stuffed articles. In addition, the upholstered and stuffed articles must meet applicable Federal requirements under the Canada Consumer Products Safety Act and Textile Labeling Act.

Following are helpful questions and answers from the announcement by Government of Ontario.

What is the change?
On December 6, 2018, the Government of Ontario announced its decision to revoke the Upholstered and Stuffed Articles Regulation (O. Reg. 218/01). As of July 1, 2019, provincial licensing, labelling, processing, cleanliness and sterilization requirements set out in the regulation will no longer apply to manufacturers, renovators, home hobby/craft operators and other persons currently subject to the regulation in the Province of Ontario. Upholstered and stuffed articles will no longer be part of TSSA’s mandate.

When does the revocation come into effect?
The revocation will be effective July 1, 2019.

What happens between now and July 1, 2019?
The USA regulation is legally binding until July 1, 2019. Until that time, TSSA will continue to fulfill its obligations to administer and enforce the regulation. 

What happens to fees?
As of January 1, 2019, invoices issued by TSSA will reflect a 50% credit. On May 1, 2019, fee collection for the USA Program will cease altogether in anticipation for the July 1, 2019, revocation date.

What industry sectors are affected by this change?
Any person who is currently subject to the regulation. These persons include importers, distributors, manufacturers, fabricators, home hobby/craft operators, renovators, retailers, suppliers of filling materials and printers of prescribed labels.

How will this affect the reciprocal regulatory relationship with Quebec and Manitoba, the two other provinces with upholstered and stuffed articles laws?
The revocation applies only in Ontario. All manufacturers, importers, distributors, etc. with upholstered and stuffed articles destined for sale in Quebec or Manitoba should take the necessary steps to ensure they continue to comply with those provinces’ laws.

The announcement along with above questions and answers can be reviewed at: https://bit.ly/2GdYb0I

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1-630-209-9265) or Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).