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Canada: The province of Ontario revokes the upholstered and stuffed articles regulation

December 2018- Relevant for: Hardlines, Softlines, Toys and children's products

On 6 December 2018, the Government of Ontario announced1 its decision to revoke the Upholstered and Stuffed Articles Regulation (O. Reg. 218/01)2 under the Technical Standards and Safety Act, 2000.

The revocation of the regulation will eliminate all Ontario-specific requirements, such as provincial licensing, labelling, processing, cleanliness and sterilization requirements for upholstered and stuffed articles imposed on business. The revocation also removed the oversight and enforcement role of the Technical Standards and Safety Authority (TSSA).

It is expected that a minimum of $4 million for licensing costs will be saved in a year for the businesses due to the revocation of the regulation. Businesses will also save costs related to the needs for an Ontario-specific label and inspection activity by the TSSA.

This revocation will become effective from 1 July 2019. Until that time, the TSSA will continue to fulfil its obligations to administer and enforce the regulation.

Upholstered and stuffed articles sold in Ontario shall continue to comply with applicable federal legislation of Canada, such as the Canada Consumer Product Safety Act and the Textile Labelling Act, as well as Ontario’s other applicable regulation such as Consumer Protection Act.

The revocation applies only in Ontario, however the upholstered and stuffed articles intended to be sold in the provinces of Quebec or Manitoba shall continue to comply with those provinces’ laws.

[1] Upholstered and Stuffed Articles News; 10 December 2018
[2] O. Reg. 218/01

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