CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

Canada: Health Canada enforces new playpens regulations

october 2018- Relevant for: toys and children's products

On 3 October 2018, Health Canada published the new playpen regulations (SOR/2018-186) considering the feedback received from the consultation in last year. The Regulations will take effect from April 2019 after a six-month transition period.

The Regulations adopted majority content from the proposal with several modifications as follows:

1. To test the angle of foldable mattress pads that is less than 38 cm in length, further instructions have been added to the test method described in Schedule 16 of the Regulations.
2. A conversation error was corrected from 192 mm to 191 mm for the side height requirement for sleep accessories
3. Several editorial modifications have been made to better harmonize the French and English versions of the Regulations.
4. Allow the use of a pouch to store the assembly and use instructions, as long as it is accompanied by the relevant warnings.

The proposed Playpen Regulations were published in April 2017. Total twelve comments were submitted by manufacturers, industry associations, provincial governments and one consumer.

Apart from the comments of angle requirements of smaller foldable pads and the display of required warnings on small size products that were addressed in the Regulations, Health Canada did not make further changes to the Regulations based on the comments received but provided feedback to the stakeholders below.

• The sleep surface angle maintains under seven degrees and would not align with the ten degrees in the United States.
• The coming-into-force date applies to all commercial activities like manufacturing, importation, advertising or sale and makes no difference to different activities.
• Health Canada emphasized cantilevered accessories fall under the same as a general accessory and therefore is not limited to a specific area for entrapment test.
• The sections of entrapments were also clarified. Section 10 does not include openings between the playpen and the accessory, while section 30 deals with the openings created by the addition of an accessory attached to a playpen. 

[1] Canada Gazette, Part II, Volume 152, Number 20