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Canada: Health Canada proposes to amend toys regulations

JUNE 2023 - TOYS AND CHILDREN'S PRODUCTS

Health Canada is considering modernising the Toys Regulations¹ to better protect the health and safety of children. The proposed amendments² are currently open for public comment until 21 September 2023. Anyone who has an interest in the safety of toys is encouraged to provide feedback by completing the questionnaire on the Health Canada website.

The proposed amendments cover several areas, including:

• Allowing the use of non-animal sources of toxicity data for a more comprehensive assessment of the risks posed by toxic substances in toys.
• Strengthening the requirements for corrosive, irritant, and sensitising substances in toys via stricter limits for these substances. 
• Requiring all toys be tested for the presence of boric acid and salts of boric acid.
• Expanding the requirements for migration of certain elements in toys and modifying the total limit of mercury.
• Adopting more requirements for finger paints.
• Adding cleanliness requirements for liquids, pastes, putties, gels, powders, and items of avian feather origin.
• Regulating the chemical toys (sets) other than experimental sets that are not covered under the Science Education Sets Regulations³.

Health Canada is proposing a 180-day transition period for future changes to documents incorporated by ambulatory reference. This would provide regulated parties with clarity on when they must comply with new editions of the referenced documents.

[1] SOR/2011-17

[2] Consultation opened on 23 June 2023

[3] SOR/2016-192

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