Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-90-39/FullText.html

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Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations

SOR/90-39CANADA CONSUMER PRODUCT SAFETY ACT
Registration 1989-12-27
Regulations Respecting the Advertising, Sale, and Importation of Expansion Gates and Expandable Enclosures for Children
P.C. 1989-2516  1989-12-21Her Excellency the Governor General in Council, on the recommendation of the Acting Minister of Consumer and Corporate Affairs, pursuant to section 5Footnote * of the Hazardous Products Act, is pleased hereby to make the annexed Regulations respecting the advertising, sale and importation of expansion gates and expandable enclosures for children.
Return to footnote *R.S., c. 24 (3rd Supp.), s. 1Short Title

1 These Regulations may be cited as the Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations.

Interpretation

2 In these Regulations,

Act
Act means the Hazardous Products Act; (Loi)
burrs
burrs means, in relation to the surface finish of a product and its components, any non-functional protrusion that changes the roughness-height index by more than 100 micrometres; (barbures)
expansion gate
expansion gate means a barrier that is intended to be erected in a doorway or similar opening in order to prevent the passage of young children, but that can be removed by older persons who are able to operate the locking mechanism; (barrière extensible)
expandable enclosure
expandable enclosure means a self-supporting barrier, for indoor or outdoor use, intended to surround completely an area or play-space within which young children may be confined; (enceinte extensible)
indelibly printed
indelibly printed in relation to the labelling of a product or of a container in which a product is sold, means marked by means of paint-stencilling, die-stamping, moulding or stamping directly on the product or container or by any other means, in such a manner that the markings do not fade and are not subject to being erased when tested in accordance with section 1 of Schedule I; (inscription indélébile)
permanently affixed
permanently affixed in relation to the labelling of a product or of a container in which a product is sold, means durably applied by means of a sticker that is fastened or attached to the product or container with an adhesive or other suitable bonding medium or by any other means, and in such a manner that the markings are not readily removable when tested in accordance with section 2 of Schedule I. It does not include affixed by means of a hang tag, stuffing label or padding label; (inscription permanente)
product
product means an expansion gate or expandable enclosure, specifically intended for children from the age of 6 months to 24 months, as set out in item 46 of Part II of Schedule I to the Act; (produit)
rough
rough means, in relation to the surface finish of a product and its components, that the roughness-height index is greater than 50 micrometres; (rugueux)
roughness-height index
roughness-height index means, in relation to the surface finish of a product and its components, the mean deviation, expressed in micrometres, of the surface irregularities from a hypothetical perfect surface; (indice de rugosité-hauteur)
safety standard
safety standard means American Society for Testing and Materials (ASTM) standard F 1004 - 86 Standard Consumer Safety Specification for First-Generation Standard Expansion Gates and Expandable Enclosures, approved on December 26, 1986 and published in April 1987. (norme de sécurité)

SOR/2009-179, s. 1.
Previous Version

General

3 (1) A product may be advertised, sold or imported if it meets the requirements of these Regulations.
(2) Written material that is applied to or that accompanies a product, and any advertisement of a product, are authorized if they do not make any direct or indirect reference to the Act or these Regulations.

SOR/2009-179, s. 2.
Previous Version

Labelling and Instructions

4 (1) Every product must have indelibly printed on it or permanently affixed to it, in English or in French, the following information, clearly and prominently displayed in numerals and block letters at least 2.5 mm in height that contrast sharply with the background by their colour, projection or indentation:

(a) the name and principal place of business in Canada of the manufacturer, importer or distributor;
(b) the model name or model number of the product; and
(c) the year and month of manufacture of the product, or a code mark or other identification that identifies that year and month.

(2) Every container in which a product is sold must have indelibly printed on it or permanently affixed to it, clearly and prominently, the information described in paragraphs (1)(a) to (c).

(3) Subject to subsection (5), every product must have indelibly printed on it or permanently affixed to it, in English and in French, the following warnings, clearly and prominently displayed in numerals and letters that contrast sharply with the background by their colour, projection or indentation:

“WARNING
Install according to manufacturer’s instructions.
Intended for use with children from 6 months through 24 months.
Install with locking mechanism on side away from child (applies to pressure-mounted gates only).
This product will not necessarily prevent all accidents. Never leave child unattended.
If an enclosure has a locking/latching mechanism, the following warning shall apply: Use only with the locking/latching mechanism (or appropriate terminology) securely engaged.
MISE EN GARDE
Installer conformément aux instructions du fabricant.
Destiné aux enfants de 6 à 24 mois.
Installer de façon que le mécanisme de verrouillage se trouve du côté opposé à l’enfant. (Seulement dans le cas des barrières retenues par pression.)
Cet article ne prévient pas nécessairement tous les accidents. Ne jamais laisser l’enfant sans surveillance.
Si l’enceinte est munie d’un mécanisme de fermeture/verrouillage, l’avertissement suivant s’y applique : N’utiliser l’article que lorsque le mécanisme de fermeture/verrouillage (ou autres termes appropriés) est solidement enclenché.”

(4) The warning required by subsection (3) must be displayed in the following manner:

(a) the headings “WARNING” and “MISE EN GARDE” must be in upper-case block letters at least 5 mm in height; and
(b) the text of the warning must be in numerals and letters at least 2.5 mm in height.

(5) The warning may be displayed in graphics that concisely and readily convey the same meaning as the text of the warning set out in subsection (3).

(6) Every product shall be accompanied by

(a) legible written instructions that clearly state, in both official languages, with line drawings or photographs illustrating the sequence of steps, where needed, the following information, namely,

(i) how the product is to be assembled, if it is not sold fully assembled,
(ii) how the product is to be installed, including a statement of the limitations regarding the use of any mounting hardware that is included, and
(iii) how the product is to be operated, maintained and cleaned; and

(b) the warning set out in subsection (3).

SOR/2009-179, s. 3.
Previous Version

General Requirements

5 (1) Every component of a product that is small enough to be placed in a small parts cylinder of the design and dimensions shown in Schedule II shall be fitted or affixed to the product in such a way that it does not become detached from the product when subjected to a force of 90 N applied in any direction.
(2) Every metal part of a product shall be free of burrs, sharp edges, sharp points and projections.
(3) Every cut edge of the metal tubing of a product shall be smoothly finished to eliminate rough or sharp edges, corners or points or shall be protected by a cap that will remain in place when subjected to a force of 90 N applied in any direction.
(4) Every wooden or plastic part of a product, and every part of a product that is made of a similar hard material, must have a smooth finish without rough or sharp edges, cracks or other defects.
(5) The threaded end of every bolt of a product shall be protected by an acorn nut or other device suitable for the purpose of preventing injury to the user or occupant.

(6) No product shall have applied to it a decorative or protective coating that contains

(a) any compound of antimony, arsenic, cadmium, selenium or barium introduced as such if more than 0.1 per cent of that compound dissolves in five per cent hydrochloric acid after stirring for 10 minutes at 20 degrees celsius; or
(b) any compound of mercury introduced as such.

(7) No component of a product that is made in whole or in part of a textile fibre shall, 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, if the component 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.

SOR/2004-65, s. 14;
SOR/2007-206, s. 2;
SOR/2009-179, s. 4.

Previous Version

Performance Requirements

6 The product performance requirements shall be as set out in sections 4.1, 4.1.1, 4.1.1.1, 4.1.1.2, 4.1.2, 4.1.3, 4.1.4 and 4.1.5 of the safety standard.

Test Methods

7 The product shall be tested in accordance with the methods set out in sections 5.1, 5.2, 5.2.1, 5.2.2, 5.3, 5.3.1, 5.3.2.1, 5.3.3 and 5.3.4 of the safety standard.

SCHEDULE I(s. 2)Tests for Indelibility and Durability

1 The method to be used for testing the indelibility of markings in relation to labelling, is as follows:

(a) spray the marked or printed surface with a glass cleaner as specified in Canadian General Standards Board (CGSB) standard CAN2-2.55-M85, Glass Cleaner, published in December 1985;
(b) let the marked or printed surface soak for 20 seconds;
(c) applying light pressure and using a back and forth motion, rub the marked or printed surface 10 times within 10 seconds with an all-purpose cloth; and
(d) note and record whether the markings or printing have been removed or obliterated.

2 The method to be used for testing whether a label is permanently affixed is as follows:

(a) spray the label with a glass cleaner as specified in Canadian General Standards Board (CGSB) standard CAN2-2.55-M85, Glass Cleaner, published in December 1985;
(b) let the label soak for 20 seconds;
(c) applying light pressure and using a motion towards the centre of the label, scrub the label at each corner 10 times within 10 seconds with an all-purpose nylon scrub pad;
(d) starting at one end of the label, attempt with bare fingers to lift and peel; and
(e) note and record whether the label can be removed in one piece.

SCHEDULE II(Subsection 5(1))Small Parts Cylinder

A small parts cylinder of the design and dimensions shown in Figure 1 shall be used for the purpose of measuring components referred to in subsection 5(1).
FIGURE 1Notes:

– 
Not to scale

– 
All dimensions in mm

SOR/2004-65, s. 15.