Canada Amends Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials)
Vol. 1312 | 28 Jun 2022
On June 22, 2022, Health Canada published final regulations amending the Canada Consumer Product Safety Act (Surface Coating Materials)-SOR/2022-122 in the Canada Gazette Part II. The Regulations amend the Surface Coating Materials Regulations and four other regulations: Toys Regulations; the Cribs, Cradles and Bassinets Regulations; the Expansion Gates and Expandable Enclosures Regulations; and the Playpens Regulations) under the Canada Consumer Product Safety Act (CCPSA) that set requirements for applied coating materials. The amendments:
- Expand the meaning of a surface coating material to include surface coating materials that do not “dry” on application, such as powder coatings that are applied electrostatically;
- Expand the application for other decorative coating materials that may be applied to products during manufacture to include materials such as stickers or films;
- Expand the 90 mg/kg total lead limit for applied coating materials to all furniture, not only just children’s furniture;
- Limit the restrictions to parts of products that are accessible;
- Remove outdated test method for soluble heavy metals; and
- Ensure consistency across CCPSA regulations.
These amendments will become effective on December 19, 2022, 180 days after being published in the Canada Gazette Part II.
Following is a summary of the amendments to the Surface Coating Materials Regulations:
Regulation | Section | Previous version | Current version with amendment(s) |
Surface Coating Materials Regulations | Section 1 | Definition of surface coating material included the term “Dries to a solid film.” | Definition of surface coating material includes the term “Forms a solid film.” |
N/A | It has been clarified that solid film is one that can be removed from the surface by means of scraping or by using solvents. | ||
The definition for accessible part is now aligned with the Consumer Products Containing Lead Regulations: “any part of a product that may be touched, licked, mouthed or swallowed during the reasonably foreseeable use of the product.” | |||
Section 6 |
| There are limits for the requirement for total lead content to coatings applied to accessible parts of the products listed. | |
N/A | Coating material applied to a product is described as a surface coating material (per Section 1) as well as a sticker, film or other comparable material (such as a decal) that can be removed from the surface; | ||
The category of furniture is added to the list of products in this section (a regulatory definition was not added since the common meaning of furniture applies.) | |||
It is specified that testing needs to be done in accordance with a method that conforms to good laboratory practices as defined in Section 1. |
Following is a summary of the amendments to the Toys Regulations, the Cribs, Cradles and Bassinets Regulations, the Expansion Gates and Expandable Enclosures Regulations and the Playpens Regulations, to make requirements for applied coating materials consistent with the Surface Coating Materials Regulations:
Regulation | Section | Previous version | Current version with amendment(s) |
Toy Regulations Expansion Gates and Expandable Enclosures Regulations | Section 1 | N/A | Adds definition of good laboratory practices (GLP) that is aligned with the definition in the Surface Coating Materials Regulations. |
Toy Regulations
| Section 23 | Included outdated hydrochloric acid test parameters for measuring the migration of any compound of antimony, arsenic, cadmium, selenium or barium |
|
Cribs, Cradles and Bassinets Regulations | Section 3 | ||
Expansion Gates and Expandable Enclosures Regulations | Section 2 | ||
Playpens Regulations | Section 3 |
The following housekeeping amendments are also included in the Regulations:
Regulation | Section | Previous version | Current version with amendment(s) |
Surface Coating Materials Regulation | Section 5 | Contained a typographical error with the phrase “more that 10 mg/kg total mercury.” | Replaced with the phrase “more than 10 mg/kg total mercury.” |
Toy Regulations
| Section 23 |
|
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Cribs, Cradles and Bassinets Regulations | Section 3 | ||
Expansion Gates and Expandable Enclosures Regulations | Section 2 | ||
Playpens Regulations | Section 3 |
The Regulations can be viewed at: https://www.gazette.gc.ca/rp-pr/p2/2022/2022-06-22/html/sor-dors122-eng.html.
For questions, please contact Harini Ramaswamy (harini.ramaswamy@intertek.com, +1 224-318-0220), or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1 847 212 8273).