Vol. 151, No. 16 — April 22, 2017

Playpens Regulations

Statutory authority

Canada Consumer Product Safety Act

Sponsoring department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Playpen designs have evolved since the last major amendment to the Playpens Regulations (the Regulations) in 1991. The Department of Health (Health Canada) has identified safety concerns with certain playpen product designs, including playpen accessories such as sleep accessories and change table accessories. Incidents with these products have resulted in injuries and deaths.

Description: The proposal includes a number of major modifications to address identified hazards, including additional performance requirements and test methods to address unintentional folding or collapse of the playpen’s top rails, and the introduction of performance requirements and test methods for playpen accessories, including accessories intended for unsupervised infant sleep. The proposal repeals and replaces the current Regulations.

The proposed changes are intended to help improve the safety of these products to further safeguard against injuries and deaths by aligning the majority of the Canadian requirements with U.S. requirements, and aligning some others with the current Cribs, Cradles and Bassinets Regulations (CCBR).

Cost-benefit statement: The costs of the changes are costs associated with the few regulatory requirements that are not in alignment with those currently in force in the United States, relating to angles of sleep surfaces. Industry members may choose to re-engineer, rebrand, or pull non-compliant products to meet the new requirements. Total costs are estimated at $6.5 million over 20 years when discounted at 7%. The benefit is a reduction in the risk associated with the potential for uneven or angled sleeping surfaces to contribute to airway obstruction in sleeping infants. A break-even analysis indicates that the benefits would outweigh the costs if one death was avoided over 20 years.

“One-for-One” Rule and small business lens: The “One-for-One” Rule does not apply, since the proposed Regulations would not impose any administrative costs on industry. The small business lens does not apply, because the estimated nationwide cost impact is less than $1 million per year.

Domestic and international coordination and cooperation: The proposed Regulations would align the majority of the Canadian requirements with U.S. requirements. Greater alignment would help facilitate industry compliance and trade between the two countries. Those few areas where the proposal does not align with U.S. requirements are necessary to provide a level of safety equivalent to that of other Health Canada regulations regarding sleep surfaces for children, specifically the CCBR.

Background

The Regulations came into force on September 1, 1976, and were developed to help reduce injuries and deaths from occurring in products designed to provide a safe playing environment for babies and young children. Over the years, playpen designs have evolved and Health Canada has identified safety hazards with certain playpen designs, including playpens with accessories such as change table accessories and sleep accessories. The hazards include strangulation in collapsed side rails, entrapment between accessories and the playpen, entrapment in openings in the textile sides of the playpen, and asphyxia caused by angled surfaces of sleep accessories. Health Canada has responded to these issues by negotiating voluntary recalls with industry.

Health Canada has also received requests from playpen manufacturers for greater alignment of the Canadian requirements with U.S. requirements.

Issues

Health Canada’s Consumer Product Safety Directorate (CPSD) has received reports of incidents, including injuries, deaths, and safety concerns, related to the use of playpens and playpen accessories from consumers, physicians, medical officers, and industry.

Between 1990 and October 2015, the CPSD received 156 reports of incidents associated with playpens and playpen accessories. Of these, there were 10 deaths, 1 serious injury, 31 minor injuries, and 114 incidents without injury.

Of the 10 reported deaths, 4 involved a playpen accessory. In 2005, a child died as a result of head entrapment between the playpen rail and a change table accessory that was left attached to the playpen. In 2009, a child died in a sleep accessory with a sloped sleeping surface. Two children died when they were placed to sleep on change table accessories, in 2008 and 2013. The children were placed to sleep on their stomach and their side respectively, which could have contributed to their deaths.

Another death occurred in 2010 when a child in a playpen at the foot of the parents’ bed suffocated on soft bedding that had fallen into the playpen during the night.

Of the remaining five deaths, two, in 1998 and 2007, involved children strangling in collapsed side rails. In 1991 and 1995, two children were strangled when their clothing became caught on projections on the top rail of playpens. In 1999, a child died as a result of strangulation by a strap that the child pulled into the playpen.

Examples of minor injuries include bruising; lacerations; threads from stitching becoming wrapped around a finger, toe, or neck; and small parts such as foam and hard plastic pieces that came off the playpen and were found in children’s mouths. The serious injury involved the partial severing of a child’s finger as the playpen was being set up.

Between 1995 and October 2016, Health Canada negotiated 19 voluntary recalls with industry, of which 8 related to entanglement, 6 to side-rail collapse and 5 to accessories. In an effort to address incidents, Health Canada has issued public education materials and warnings concerning playpens and playpen accessories, including a playpen public education bulletin in 2009 about the safe use of playpens; a booklet entitled “Is Your Child Safe” in 2006 that includes safe sleeping recommendations concerning playpens; and a warning to parents and caregivers in 1998 about the potential strangulation hazard posed by projections on some playpens.

Despite these outreach activities, the incidents and recalls highlight the need for regulatory changes to improve the safety of playpens and playpen accessories to, for example, limit the size of openings between playpen rails and playpen accessories; limit the angles of sleep surfaces; include requirements for the latching and locking of side rails and for the strength and integrity of side rails; limit projections on playpens; limit the length of the straps that are accessible to the child; and mandate that warnings be present to never put a child to sleep on a change table accessory nor place soft bedding in the playpen.

Objectives

The objective of this proposal is to help further increase playpen safety by aligning the majority of the Canadian requirements with U.S. requirements, and aligning some others with the current Cribs, Cradles and Bassinets Regulations (CCBR).

Description

Alignment with the CCBR

The following proposed new requirements for playpens and playpen sleep accessories align with certain requirements in the current CCBR to provide a consistent level of safety to young children. The updated CCBR were published in the Canada Gazette, Part II, on June 29, 2016, and came into force on December 29, 2016. They contain safety requirements for products intended for children’s sleep, i.e. cribs, cradles, and bassinets, as well as sleep accessories that attach to cribs, cradles, and bassinets.

1. Openings — entrapment

The current Regulations do not specify requirements for openings that can pose an entrapment hazard. Some playpens and playpen sleep accessories have fasteners, such as zippers or snaps, to fasten the textile sides to the product’s frame. The potential exists for the textile cover to become unfastened, which could result in a child becoming entrapped between, or falling through, a resulting opening. The proposed changes include a performance requirement and test method — aligned with that of the CCBR — to assess and limit the size of openings in playpens and playpen sleep accessories.

The CCBR test is based on the openings test in the U.S. Final Rule for Bassinets and Cradles. However, the U.S. Final Rule exempts playpen sleep accessories, and the U.S. Final Rule for Play Yards does not include an equivalent test for playpens or sleep accessories. Health Canada is aware of one product historically that exhibited an opening through which the torso probe passed, and which required a very low force to undo the zippers that held the sleep accessory onto the bassinet. This product had been sold in Canada but not in the United States. Health Canada is therefore including this test to address potential playpen and playpen sleep accessory designs for which the textile cover can be unfastened to create a potential entrapment hazard.

2. Floor pad spacing and mattress pad

Floor pads and mattress pads that do not fit snugly against the sides of the playpen or playpen sleep accessory may create gaps between the pad’s edge and the product’s sides. A child could become wedged in such gaps or exposed to hazards underneath the pad. The CCBR include a requirement limiting any gap between the mattress and any part of the crib, cradle or bassinet side to 30 mm. Similarly, the proposed changes include a 30-mm limit for gaps between the floor or mattress pad and the sides of the playpen or playpen sleep accessory.

While the proposal aligns with the U.S. requirements for playpen floor pads as it relates to pad thickness and vertical displacement of the pad, the intent of this requirement is to help further reduce the risk of entrapment between the pad’s edge and the product’s sides. While the United States does not have a floor pad spacing limit for playpens, it has a mattress pad spacing limit of one inch (25.4 mm) for play yard sleep accessories. Both the 25.4-mm limit and the 30-mm limit effectively afford the same degree of protection to young children given the extremely small difference. There is no evidence indicating that 30 mm is not adequately protective; the limit has been present in the CCBR since 1986. Sleep accessories that comply with the U.S. limit would also comply with the Canadian limit. Playpens currently on the market also comply with the proposed limit.

3. Angles of sleep surfaces

The potential for serious injury or death is present when infants and young children are not placed to sleep on a firm and flat sleeping surface. To limit the potential for suffocation or asphyxia, a maximum angle is proposed for playpen sleep accessories on (a) the incline of the sleep surface and (b) the angles of segmented mattress pads. Based on the current science and a Health Canada risk assessment, Health Canada is introducing a maximum angle of seven degrees for these items, which are described in more detail below. In addition, an angle limit is proposed for sleep accessories that rock or swing, in alignment with both the CCBR and the U.S. Final Rule for Bassinets and Cradles (Item 25).

Health Canada’s risk assessment included an examination of known incidents and deaths and the results of a 1995 Australian study — the only known scientific study on infant sleep surface angles. The study’s infant test subjects were assessed at angles of 5, 7 and 10 degrees to determine which angle was the most protective in minimizing the risk of an infant rolling and getting trapped in a corner or other entrapment/asphyxiation scenario. All of the infants who were subjected to the 5- and 7-degree angles were able to keep their airways open since at those angles the infants still had the ability to pivot their head in order to maintain a free airway. Conversely, the infants tested at an angle of 10 degrees were unable to pivot their head, and their airways remained obstructed. This risk applies to any sleep surface. Therefore, Health Canada is adopting a 7-degree maximum flatness angle in keeping with the view that all surfaces for unsupervised sleep should provide the same level of safety.

  • (a) Incline of the sleep surface
  • This proposed requirement would limit the incline of the sleep surface to 7 degrees from the horizontal, in alignment with the current CCBR. The U.S. mandatory requirements do not place a limit on the incline of the sleep surface. Instead, in the United States, the incline of the sleep surface is used as a way to differentiate categories of products: the scope of the U.S. Final Rule for Bassinets and Cradles is for products with angles of 10 degrees or less. Products with angles greater than 10 degrees but not exceeding 30 degrees fall under the scope of another ASTM standard: Inclined Sleep Products. This standard is not required under the U.S. federal law, nor are inclined sleep products prohibited under U.S. federal law. By contrast, under the Canadian CCBR, all products intended for sleep, whether they are cribs, cradles, bassinets or sleep accessories, have an incline limit of the sleep surface of 7 degrees.
  • (b) Angles in segmented mattress pads
  • Health Canada has requested the voluntary recall of certain models of playpens because a child’s weight could press the centre of the playpen sleep accessory downwards, increasing the angled surfaces at either end of the product. If a child was left unattended in the playpen’s accessory, small movements of the child could cause the child to slide into a depressed area of the sleep surface, posing a potential risk of injury or death due to suffocation or positional asphyxia. Therefore, the proposed changes include limiting the angles in a segmented mattress pad of a playpen sleep accessory. While the United States limit these angles to 10 degrees, the Canadian proposal is for a 7-degree limit. The CCBR does not contain this particular requirement since segmented mattress pads are generally only found in playpen sleep accessories; however, the angle limit is in keeping with the incline limit of the sleep surface in the CCBR, because all surfaces for unsupervised sleep should provide the same level of safety.
Alignment with the U.S. CPSC Final Rule for Play Yards and ASTM F406

The mandatory requirements of the U.S. Consumer Product Safety Commission (CPSC) for playpens and playpen accessories reference two ASTM standards. (see footnote 1) The proposed Regulations capture the applicable requirements from the ASTM standards without incorporating by reference the actual standards. This allows for the use of consistent terminology within the proposed Regulations and terminology which is also consistent with other similar regulations made under the Canada Consumer Product Safety Act (CCPSA), such as the CCBR. It will also allow for a more efficient application and enforcement of the proposed Regulations since their interpretation will be facilitated by the fact that they reflect the drafting conventions that exist at the level of Canadian federal legislation.

4. Warnings

The current Regulations do not require warning labels to appear on playpens. There is the potential for serious injury or death as a result of improper use of a playpen or accessory to a playpen. The proposed bilingual warning statements include issues such as the following: blind and curtain cord proximity to playpens to reduce the risk of strangulation; the assembly and use of playpens and accessories, including the age and abilities range of children for whom the products are designed; supervision while a child is in the playpen; and keeping the playpen free of soft bedding to reduce the risk of suffocation.

5. Stability

Questions and concerns regarding the applicability of the current playpen stability requirement and test method have been raised by test laboratories and industry. Over the years, the design of playpens has evolved from rigid structures to the playpen models now available, which have more flexible sides, and are typically collapsible or foldable. The test for stability in the current Regulations requires all support points to remain in contact with the test plane. Given the flexible playpen designs available today, it is proposed that the requirement be amended. In alignment with the ASTM F406 play yard standard, it is proposed that the playpen must have at least three perimeter support points that remain in contact with the test plane. Additionally, one of the support points must not be in a straight line with the other two and must be of a sufficient distance from one another.

6. Latching and locking of top rails

To further safeguard playpens against unintentional collapse, it is proposed that additional requirements relating to playpens’ top rail latching and locking mechanisms be included in the Regulations. The proposed changes require that any latching or locking mechanism must engage automatically and have either a single-action mechanism that requires the application of a specified force to unlatch or unlock it, or a dual-action mechanism that requires separate deliberate and simultaneous actions to unlatch or unlock it.

7. Side deflection and strength

Reports of incidents received by Health Canada, as well as voluntary playpen recalls that it has requested, have highlighted the importance of strengthening the requirements relating to side deflection and strength. The potential for serious injury or death is created when a playpen side unexpectedly disengages, folds or deflects, reducing the playpen’s side height when a child is in the playpen. The proposed changes include requirements to prevent playpen sides from breaking or folding when subjected to static weights.

8. False latch

In order to further safeguard against unintentional folding or collapse of the top rail, the proposed changes include requirements that no top rail must give the appearance of being in the manufacturer’s recommended use position unless the locking device is fully engaged.

9. Top rail configuration

Health Canada has worked with companies to voluntarily recall playpens with side rails that can unexpectedly collapse while the child is in the playpen. The resulting “V” shape created by the playpen’s collapsed sides presents a neck entrapment hazard to the child. The proposal includes a test to eliminate playpen designs incorporating a hinge or latch that is capable of creating a “V” or diamond shape when folded.

10. Top rail to corner post attachment

Health Canada has received reports of incidents involving top rail to corner post attachment, and is proposing a requirement to prevent fatigue failures, such as broken corner brackets and loosened fasteners, in the corner post attachment joints. The proposed test assesses whether corner brackets can withstand a single significant twisting action applied at a specific location near the midpoint of the top side rails.

11. Entanglement on projections

A child’s clothing can become entangled on projections on a playpen and the current Regulations do not include requirements relating to entanglement. To safeguard against entanglement, the proposed changes include a requirement that a playpen must not have any projection, fastener or mechanism that can entangle an occupant’s clothing or other object worn by the occupant.

12. Posts

The current Regulations do not include requirements pertaining to the height of corner posts. Corner posts may present a strangulation hazard to the occupant. An occupant’s clothing may become caught on a corner post. Therefore, the proposed changes include a requirement to limit the height of corner posts to 1.5 mm above the lowest point on the upper surface of the higher of the sides that adjoin the post. The measurement is taken from within 76 mm from the outermost surface of the post.

13. Floor pad thickness

A maximum thickness of 38 mm for floor pads is proposed. This requirement helps to safeguard against hazards associated with thick, bulky floor pads. These hazards are (a) entrapment between the sides of the playpen and the floor pad; and (b) airway obstruction that can result from the surface of the floor pad conforming to the contours of a sleeping child’s face. Please note that hazard (a) is also addressed by other requirements in this proposal (Floor pad vertical displacement and Mattress pad spacing). Hazard (b) is also addressed in part by warnings not to put children to sleep in playpens.

14. Height of playpen sides

It is proposed that the minimum side height requirement for playpens be increased from 480 mm to 508 mm (measured from the playing surface to the top of the upper surface of the lowest side) to safeguard against falls out of playpens.

15. Openings — Finger entrapment

Health Canada has received requests from industry to update the dimensions specified in the open holes requirement for playpens such that they are consistent with those of the ASTM F406 play yard standard, and several other ASTM juvenile product standards. This requirement is intended to prevent the possibility of children’s fingers being caught in open holes in the product. The current requirement specifies that holes must be smaller than 3 mm or greater than 10 mm. The proposed requirement specifies that if a hole admits a 5.33 mm diameter probe, it must also admit a 9.53 mm diameter probe. This change is to bring the requirement in line with the probe used currently as an industry standard, which is effective in the protection of entrapment of fingers or toes in holes in the product.

16. Floor pad vertical displacement

Health Canada has received reports of incidents regarding playpen floor pads that are capable of being detached from the playpen’s base by the child. This exposes the occupant to a potential entrapment hazard. A child’s head could become entrapped between the floor pad and the side of the playpen or under the floor pad. The proposed changes include a test which involves applying an upwards force to the floor pad to limit the amount of upwards displacement of the floor pad.

17. Strength of playing surface

The current Regulations include a static load test to assess the strength of a playpen’s floor. As Health Canada has received reports of floor boards breaking, the proposed changes include an improved static load test, requiring the application of two simultaneous forces, as well as a dynamic load test.

18. Mesh opening sizes

Health Canada has received requests from industry to amend the procedure for the determination of mesh opening sizes found in the current Regulations such that it is aligned with the requirements found in the ASTM F406 play yard standard. It is proposed that the mesh probe specifications be changed. Furthermore, this proposed change would no longer involve cutting a sample of mesh from the product as is specified in the current test.

19. Mesh and fabric attachment strength

In order to address reported incidents related to the attachment strength of textiles or other pliable materials to a rigid structural component of a playpen, the proposed changes include a test which involves applying a force to a textile side to determine if it can become detached from the frame.

20. Accessories — Entrapment

Many playpens are now marketed as multi-use products with various accessories, such as playpen change table and playpen sleep accessories, which attach to the playpen’s frame. Typically, these accessories attach to the top of a playpen and are not intended to be installed in the use position when a child is in the main body of the playpen. The proposed changes include requirements relating to entrapment, strangulation, and warnings concerning the correct use of accessories, in alignment with the ASTM F406 play yard standard.

21. Wheels

The current Regulations require that playpens not have more than two wheels. Health Canada has received requests from industry to remove this restriction and has performed testing to examine whether playpen models with more than two wheels were more likely to shift or move than models with two wheels or less. It was determined that playpens with four wheels were not more likely to move. Furthermore, the U.S. CPSC has indicated to Health Canada staff that playpen models with more than two wheels or casters are not prevalent on the U.S. market and that they were unaware of incidents related to wheels. The proposed changes remove the restriction on the number of playpen wheels or casters.

Alignment with the U.S. CPSC Final Rule for Bassinets and Cradles and ASTM F2194

22. Side height of playpen sleep accessories

Similar to stand-alone bassinets under the current CCBR, playpen sleep accessories are typically intended to be used until the child is capable of rolling over. The proposed changes include a side height requirement of 192 mm (measured from the top of the mattress pad to the top of the upper surface of the lowest side, with no compression on the mattress pad) for playpen sleep accessories to reduce the risk of the child falling out.

23. Mattress pad thickness of playpen sleep accessories

A maximum thickness of 38 mm for the mattress pads of playpen sleep accessories is proposed. This also corresponds with the maximum thickness of the mattress pad of sleep accessories in the CCBR. This requirement helps to safeguard against hazards associated with thick, bulky mattress pads. These hazards are the following: (a) entrapment between the sides of the sleep accessory and the mattress pad; and (b) airway obstruction that can result from the surface of the mattress pad conforming to the contours of a sleeping child’s face. It is important to note that, as mentioned above, the side height of the sleep accessory is measured from the top of the mattress pad to the top of the lowest side of the sleep accessory, with no compression on the mattress pad. Therefore, the thickness of the mattress pad also helps to safeguard against reducing the effective side height of the sleep accessory.

24. Integrity of playpen accessories

The ASTM F2194 bassinet and cradle standard requires a playpen sleep accessory to withstand a static load of 24 kg, placed in succession in the centre of the playpen sleep accessory and at all of its corners. The proposed changes include this requirement. The load approximates three times the weight of an infant that would be placed in the playpen sleep accessory.

The ASTM F406 standard requires that change table accessories withstand a static load of 45 kg applied to the centre of the surface that supports the child. The proposed changes include this requirement.

25. Angle of sleep accessories that rock or swing

In recent years, Health Canada has requested the voluntary recall of playpen models that included a rocking function for the playpen’s sleep accessory. Depending on the maximum rock angle and the angle of the product at rest, the accessory can tilt, causing an infant to roll to one side. An infant can become wedged in a corner or pressed against the side of the accessory, posing a risk of suffocation or positional asphyxia. Both the proposed maximum rock or swing angle and the maximum angle at rest are in line with both the U.S. Final Rule for Bassinets and Cradles and the CCBR — at 20 degrees and 7 degrees respectively.

Coming into force

The new Regulations would come into force six months after they are published in the Canada Gazette, Part II, during which time the current Regulations would continue to apply to all playpens sold, advertised, imported or manufactured in Canada. This provision would allow industry the opportunity to modify or redesign their products to meet regulatory requirements, and verify the regulatory compliance of their products through product testing.

Regulatory and non-regulatory options considered

Status quo

Maintaining the current Regulations was rejected because it was determined that regulatory changes are required in order to provide an enhanced level of safety with respect to the use of playpens and playpen accessories. The proposed changes would address safety concerns, such as those specifically associated with accessories and unintentional collapse that have been identified as causing serious injuries or deaths. If the proposed changes are not adopted, there is a possibility that unsafe playpens may enter the Canadian market.

Incorporate by reference the ASTM F406 play yard standard and the ASTM F2194 bassinets and cradles standard

This option was rejected because Health Canada has identified three proposed requirements to supplement the current ASTM F406 play yard standard. These requirements are intended to further help protect against the following hazards: (1) entrapment in completely bounded openings; (2) suffocation in gaps between the floor pad and the playpen’s side; and (3) asphyxia caused by angled sleep surfaces. These hazards are addressed by requirements already established in Canada’s CCBR. The adoption of these existing Canadian requirements in the new Regulations is necessary to further safeguard against playpen-related injuries and deaths. In addition, this option was rejected to allow for the use of consistent terminology within the proposed Regulations and terminology that is also consistent with other similar regulations made under the CCPSA, such as the CCBR. This option was also rejected to allow the use of drafting conventions that exist at the level of Canadian federal legislation.

Adopt the proposed new Regulations

Adopting the proposed new Regulations was determined to be the preferred method of helping to further protect the health and safety of babies and young children using playpens and playpen accessories. This option would increase regulatory alignment with U.S. regulations and address important safety issues, such as those associated with playpen accessories. It would also allow Health Canada to establish requirements and test methods to address specific hazards that are not currently addressed in the ASTM F406 play yard standard.

Benefits and costs

A cost-benefit analysis (CBA) was prepared to quantify the expected costs and benefits of the proposed regulatory changes. (see footnote 2) Based on discussions with the U.S. CPSC and the Juvenile Products Manufacturers Association, the CBA assumed that playpens currently sold in Canada are fully compliant with U.S. regulations, with a relatively small chance of some minor exceptions (the baseline scenario). Therefore, the introduction of parallel regulations in Canada would impose no additional costs on manufacturers, importers, wholesalers, retailers, or consumers. The only costs the regulations would impose would be those associated with the regulatory requirements identified as incremental changes to the baseline scenario.

There are three differences between the U.S. regulations and this proposal. Only one change represents an actual additional requirement, which is related to the angles of playpen sleep accessories (item 3 in the “Description” section). This item is further divided into two areas: (a) the incline of the sleep surface, and (b) the angles of segmented mattress pads.

With respect to the two other proposed requirements that deviate from the U.S. regulations (Openings — Entrapment, and Floor pad spacing and mattress pad, items 1 and 2 in the “Description” section), most playpen models on the market already comply, as shown during playpen sampling and testing projects. Therefore, the CBA assumed that the introduction of these two requirements would not result in additional costs. However, Health Canada is aware of one exception: in 2011, Health Canada sampled and tested a playpen model that had openings in the textile sides that did not meet the proposed performance requirements. In addition, the playpen had a sleep accessory that presented a sleeping surface that did not meet the seven-degree limit. This model was subsequently voluntarily recalled in Canada. The product had not been sold in the United States.

Costs

The CBA identified three actions playpen suppliers may take to comply with the regulatory requirements: rebrand, re-engineer, or pull non-compliant products.

For analytical purposes, the CBA first assumed universal adoption of each of these strategies and separately estimated the cost of complying with the proposed Regulations under each approach. (see footnote 3) In practice, however, manufacturers would likely pursue a combination of these strategies, depending upon a variety of firm-specific considerations (e.g. number of affected products and the importance of the Canadian market to their overall business). For the purpose of estimating the costs of this proposal, the CBA therefore assumes an equal three-way split across the three strategies.

Rebrand

Companies could choose to rebrand their playpen sleep accessories so that they are no longer marketed as playpen sleep accessories for products in Canada. The playpen sleep accessories could be rebranded as a product whose primary function is not sleep but, for example, to enable interaction between the child and caregiver while the child is awake. The proposed Regulations define a playpen accessory by its primary function; if the primary function is sleep, the accessory must meet the sleep accessory requirements. An accessory’s primary function would be determined based on many factors, including name, marketing, listed functions, recommended use, and appearance. This corresponds to the way the CCBR define cribs, cradles, bassinets, and sleep accessories.

Under this scenario, the CBA estimated that the total present value (PV) costs of the proposal would be $1.38 million over 20 years.

The qualitative impacts of this scenario include a positive impact on consumers, as there is no change in product availability. There could be a potential negative impact on consumers if they ignore the branding indicating that the product is not for sleep, as this would reduce the likelihood of avoided risks. A quantified but not monetized negative impact on industry is an increase in barriers to trade due to different branding requirements in Canada.

Re-engineer

Alternatively, companies could re-engineer their playpen sleep accessories to meet the seven-degree slope requirement and seven-degree segmented mattress angle requirement, and the related side height requirement. (see footnote 4) for products in Canada.

Under this scenario, the CBA estimated that the total PV costs of the proposal would be $1.64 million over 20 years.

The qualitative impacts of this scenario include a negative impact on consumers due to the possibility that some may purchase playpens with sleep accessories with angles greater than seven degrees directly from the United States, if specific models are highly desired, reducing the likelihood of avoided risks. However, the introduction by individuals or companies of such sleep accessories into Canada would constitute an illegal importation pursuant to section 6 of the CCPSA.

Pull products

Finally, companies could discontinue the sale of playpen sleep accessories with angle and slope limits greater than seven degrees, for products in Canada.

To determine the costs of such an approach, the CBA estimated the loss in consumer surplus that would be attributable to the discontinuation of the sale of affected accessories. Consumer surplus is the difference between the maximum amount that consumers would be willing to pay for an item (in this case, a sleep accessory) and the price they actually pay. Any reduction in consumer surplus represents a loss of economic welfare, and thus a cost to society.

Under this scenario, the CBA estimated that the total PV costs of the proposal would be $16.42 million over 20 years.

The analyzed cost only includes the loss in consumer surplus described above, and does not include producer surplus that importers, retailers, and wholesalers would have if they chose this compliance strategy, which was assessed qualitatively. Another potential impact that was not quantified is the possibility that some consumers may purchase playpens with sleep accessories with angles greater than seven degrees directly from the United States, if specific models are highly desired. However, as mentioned above, the introduction by individuals or companies of such sleep accessories into Canada would constitute an illegal importation pursuant to section 6 of the CCPSA.

Average across strategies

Assuming that manufacturers would choose a combination of all three strategies, the CBA estimated that the total PV of the proposal would be approximately $6.5 million over 20 years. The qualitative impacts on industry and consumers vary across the three strategies and are identified in the respective sections above.

The costliest scenario (pulling products) was analyzed using lost consumer surplus, which increased the cost of this option significantly compared to the other two scenarios. Therefore, while the CBA assumed an average of the three strategies in determining costs of the proposal, the lost consumer surplus of the third option drives the high average cost.

Other costs

In addition to the costs to industry and consumers identified above, another area of potential costs associated with the proposal relates to implications associated with some provincial or territorial legislation that requires child care operations to use playpens (and cribs) in their facilities that meet the federal requirements for these products. It is important to note that it is these provincial and territorial requirements that directly impose the requirement on child care facilities, and not the federal regulations themselves. The proposed Regulations and the supporting CCPSA cover the manufacture, import, advertisement and sale of products, but do not apply to their use. Enforcement of products within licenced child care facilities is solely at the discretion of the provinces and territories. Therefore, any costs to child care facilities due to the replacement of playpens that may be imposed by provincial and territorial legislation is not within Health Canada’s jurisdiction. Health Canada would continue to work with and support its provincial and territorial counterparts during the implementation of the proposed Regulations.

Benefits

The CBA found that available incident data did not present an instance of infant mortality or serious injury that was clearly attributable solely to product features for which differences exist between the proposal and the U.S. regulations (item 3 in the “Description” section).

Nonetheless, there is evidence that this proposal could have a beneficial effect. This evidence is provided by the study conducted in Australia in 1995 discussed earlier, which studied the movements and reactions of 11 infants in various positions in tilting cradles at rocking angles of 5, 7 and 10 degrees to determine what angle was the most protective in minimizing the risk of an infant rolling and getting trapped in a corner or getting into another entrapment or asphyxiation scenario. All of the infants who were subjected to the 5- and 7-degree angles were able to keep their airways open, since at those angles the infants still had the ability to pivot their head in order to maintain a free airway. Conversely, the infants tested at an angle of 10 degrees were unable to pivot their head, and their airways remained obstructed. Therefore, in the absence of robust data on mortalities or serious injuries attributable to factors that would be mitigated by the proposed Regulations, the CBA could not estimate their benefits on an expected-value basis. As an alternative, a break-even approach was used — i.e. characterizing and quantifying the number of such incidents that the Regulations would need to prevent in order for their benefits to be equal to their costs.

Assuming that manufacturers would adopt a mix of all three compliance strategies, the CBA estimated that the benefits would outweigh the costs of the proposal if one death was avoided over 20 years.

Accounting statement

 

2016

2017

2018

2019

2020

20 YEAR (see footnote a)

TOTAL PV (see footnote b)

ANNUALIZED AVERAGE

A. Quantified impacts (2016 Canadian dollars) (see footnote c)

Benefits to consumers (see footnote d)

(see Section B)

Costs to consumers

$972,799

$976,475

$470,704

$473,266

$475,382

$11,005,699

$6,483,640

$612,010

Net benefits

n/a

B. Quantified impacts not monetized

Positive impacts

Required number of risks avoided over 20 years for break-even with total PV costs = 648 minor injuries OR 12.5 major injuries OR 0.9 fatalities.

Negative impacts

Industry (pull products): Lost producer surplus for importers, wholesalers and retailers of playpens with affected accessories.

C. Qualitative impacts

Positive impacts

Consumers (rebrand): No change in product availability.

Negative impacts

Consumers (rebrand): Consumers might ignore a change in branding and related images and use "not for sleep" accessories for sleep regardless, reducing the likelihood of avoided risks.

Consumers (rebrand, re-engineer, and pull products): Consumers might cross the U.S. border to purchase playpens with sleep accessories, thereby mitigating some of the impact (i.e. it would lower consumer surplus loss), but would also defeat the purpose of the proposed Regulations and increase risk.

Industry (rebrand): Increase in barriers to trade with differential branding requirements only in Canada.

“One-for-One” Rule

The “One-for-One” Rule does not apply, since the Regulations do not impose any administrative costs on industry.

Small business lens

The small business lens does not apply because the estimated nationwide cost impact is less than $1 million per year, and small business costs have been determined not to be disproportionately large for the following reasons:

1. According to available information, there are no playpens currently manufactured in Canada, and those made by large manufacturing firms in the United States constitute the majority of the playpens sold in Canada.

Although some playpens are also imported from other countries, the percentage is currently unknown, and is believed to be very small in comparison.

2. While information is lacking on the numbers of small businesses that sell playpens in Canada, import information was analyzed to estimate the number of importers of playpens to Canada. Based on import data for a three-year period (October 2013 to August 2016 inclusive), and taking into consideration the quantities and total values of playpen imports per company, Health Canada has estimated that 37 companies that import playpens may be considered small businesses. These include distributors, online retailers, and “on-the-ground” retailers. However, the CBA indicated that the costs of the proposal would likely ultimately be passed on to consumers in the form of higher retail prices and would therefore not likely be carried by small businesses.

Consultation

On April 16, 2013, Health Canada released a consultation document regarding the proposed changes to the Regulations. Specifically, the proposal was to introduce Canadian-specific requirements for playpens; some of these new requirements would align with applicable requirements in the CCBR, and the majority of the new requirements would align with those of the Final Rule for Play Yards and the Notice of Proposed Rulemaking for Bassinets and Cradles (see footnote 5) of the U.S. CPSC.

This consultation involved the publication of a news release by Health Canada, as well as the posting of the consultation document on its website. Health Canada also directly mailed the consultation document to a targeted group of 257 stakeholders, which was comprised of public health organizations, provincial/territorial public health authorities, retailers, manufacturers, importers and product testing laboratories. Notification of this consultation was also sent via email to approximately 18 000 subscribers through Health Canada’s Consumer Product Safety listserv, which is a database of stakeholders who have signed up to receive updates when new information is posted on the Health Canada website. Interested parties were invited to provide comments on the proposal within 75 days.

A total of seven submissions were received. Responses were received from two provincial governments (Quebec and Manitoba), an industry group, a national injury prevention organization, a consumer group, a test laboratory and an industry member. The industry group and industry member were supportive of harmonization with the U.S. requirements for playpens. The consumer group, the national injury prevention organization and the Quebec government were in support of the proposed changes and the increased level of safety. The Manitoba government did not express a position, but asked to stay informed of the regulatory changes. The test laboratory provided comments regarding clarification on the proposed test methods. None of the respondents indicated that they were opposed to Health Canada’s proposed approach.

Since the 2013 consultation, Health Canada made changes to the CCBR, which were published in the Canada Gazette, Part II, on June 29, 2016. Among the changes is a limit on the angle of the sleep surface support. For a consistent approach to safety, the proposed Regulations incorporate the same angle limit.

In addition to the 2013 consultation, Health Canada has consulted with the provinces and territories directly to offer them an opportunity to provide comments. All provinces and territories were contacted to solicit input through a letter to assistant deputy ministers of health ministries on November 23, 2016. Any concerns from the provinces and territories that result from this consultation will be addressed much like comments received during the comment period following publication in the Canada Gazette, Part I. This is because legislation in some provinces and territories requires that licensed child care operations use playpens that meet federal requirements. Therefore, if changes were introduced into federal regulations, the provincial and territorial legislation would require the use of playpens that meet the new federal requirements. Thus far, one province and one territory (Yukon and Nova Scotia) have responded and did not have concerns. It is important to note that it is the provincial and territorial requirements that directly impose the requirement on child care facilities to use playpens that are compliant with the federal regulations, and not the federal regulations themselves. The proposed Regulations and the supporting CCPSA cover the manufacture, import, advertisement or sale of playpens, but do not apply to the use of these products.

Health Canada intends to work with its provincial and territorial counterparts during the implementation of the Regulations in the same way that it is currently working with the provinces and territories with respect to the CCBR, which is similarly referenced in provincial and territorial legislation. Activities include clarifying that the use of existing products currently in child care facilities is not enforced by Health Canada, and that the provinces and territories are responsible for enforcement strategies regarding existing products.

Regulatory cooperation

The majority of the proposed changes would align the Canadian requirements with those recently adopted for playpens and playpen accessories in the United States. The current Regulations are significantly misaligned with those of the United States.

Health Canada has actively collaborated with the U.S. CPSC through its participation on ASTM playpen standard, bassinet and cradle standard, and change table standard subcommittees, and through discussions with U.S. CPSC staff.

Differences remain between the proposed Canadian requirements and the U.S. requirements. For two of the differences (Openings — Entrapment, and Floor pad spacing and mattress pad, items 1 and 2 in the “Description” section), very little or no impact on the movement or trade of products between the two countries is anticipated, because it is expected that most, if not all, playpen models on the market already comply, as shown during playpen sampling and testing projects. The third difference (Angles of sleep surfaces) is being proposed as a more protective requirement, because evidence has demonstrated the potential for increased safety benefits. The CBA identified a range of compliance strategies that industry may choose with regard to the angles of sleep surfaces, with a range of impacts.

Although this proposal is not a commitment under the Joint Action Plan for the Canada–United States Regulatory Cooperation Council (RCC), it meets the spirit of the RCC by further aligning regulatory requirements between the United States and Canada, and by helping to reduce regulatory barriers to cross-border trade.

Rationale

Between 1990 and October 2015, the CPSD received 156 reports of incidents associated with playpens and playpen accessories. Of these, there were 10 deaths, one major injury, 31 minor injuries, and 114 incidents without injury. Of the 10 deaths, 4 were related to accessories, 2 to side rail collapse, 2 to entanglement, 1 to unsafe environment around the playpen and 1 to unsafe environment in the playpen.

In order to respond to these incidents, Health Canada has been actively participating in discussions with Canadian and U.S. manufacturers and safety advocates regarding the overall safety of playpens and accessories. Health Canada has worked in collaboration with a number of companies to voluntarily recall various models of playpens after incidents occurred or testing found safety issues with the products.

In addition, manufacturers of playpens have requested greater alignment of the current Regulations with other recognized international standards, particularly those of the United States, as alignment simplifies their industry.

In response to these issues, the proposal would address the request for a better alignment with the United States and would help address identified hazards associated with playpens in order to help protect the health and safety of young children.

Implementation, enforcement and service standards

The new Regulations would not result in any major changes to Health Canada’s enforcement activities. Compliance and enforcement would be facilitated by more clearly worded requirements laid out in the new Regulations, as well as greater alignment between Canadian and U.S. requirements.

Compliance and enforcement of the new Regulations would follow established departmental approaches and procedures, including sampling and testing of products, inspection at retail and follow-up on complaints made by the Canadian public, public health organizations and industry. Non-compliant products would be subject to the actions available to Health Canada inspectors and other officials. Actions selected would depend on the seriousness of the circumstances. These actions may include a voluntary commitment to product correction by industry, negotiation with industry for the voluntary removal of non-compliant products from the market, seizure, orders for recall or other measures, administrative monetary penalties, or prosecution under the CCPSA. Health Canada would also seek to maximize proactive compliance with the Regulations through ongoing industry and retailer education, and maximize safe use of playpens through consumer outreach and education.

Contact

Shannon Whittle
Project Officer
Consumer Product Safety Directorate
Healthy Environments and Consumer Safety Branch
Health Canada
Address Locator: 4908B
269 Laurier Avenue West
Ottawa, Ontario
K1A 0K9
Fax: 613-954-1133
Email: shannon.whittle@hc-sc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 37 of the Canada Consumer Product Safety Act (see footnote e), proposes to make the annexed Playpens Regulations.

Interested persons may make representations concerning the proposed Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Shannon Whittle, Project Officer, Risk Management Bureau, Consumer Product Safety Directorate, Department of Health, Address Locator 4908B, 269 Laurier Avenue West, Ottawa, Ontario K1A 0K9 (fax: 613-952-2551; email: shannon.whittle@hc-sc.gc.ca).

Ottawa, April 13, 2017

Jurica Čapkun
Assistant Clerk of the Privy Council

Playpens Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

accessory means a product, including a change table accessory and a sleep accessory, that is designed or advertised to be used with a playpen and that has the following characteristics:

  • (a) it is designed to support the weight of a child;
  • (b) it can be placed on or fixed to the playpen; and
  • (c) its primary function is
    • (i) in the case of a change table accessory, to allow the changing of a child’s diaper or the dressing of a child,
    • (ii) in the case of a sleep accessory that has sides to confine the child, to provide sleeping accommodation for a child, and
    • (iii) in any other case, to provide a play area for a child or an area to enable caregiver-child interaction. (accessoire)

fastener includes all of the following items:

  • (a) items that, once installed on a playpen or accessory, are capable of being joined or unjoined without the use of any tool or equipment, such as
    • (i) string, cords, straps, wire and other similar items, and
    • (ii) zippers, buttons, snaps and other similar items; and
  • (b) items that join two objects together on being installed on a playpen or accessory, such as screws, bolts, hinges, nails and other similar items. (attaches)

good laboratory practices means practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, the English version of which is dated January 21, 1998 and the French version of which is dated March 6, 1998. (bonnes pratiques de laboratoire)

occupant retention area means

  • (a) in the case of a playpen, the space that is bounded by the playing surface and the interior surfaces of the playpen’s sides; and
  • (b) in the case of a sleep accessory, the space that is bounded by the sleeping surface and the interior surfaces of the accessory’s sides. (espace de confinement)

playpen means a product that has the following characteristics:

  • (a) its function is to provide a play area only for a child who has a height of 90 cm or less;
  • (b) none of its structural components are inflatable;
  • (c) it has sides, at least one of which is made of a textile or other pliable material, that are attached to its floor;
  • (d) it serves to confine the child; and
  • (e) it can be used as a stand-alone product. (parc pour enfant)

structural cover means a structural component of a playpen or sleep accessory that has the following characteristics:

  • (a) it is made of a textile or other pliable material;
  • (b) it attaches to the frame of the playpen or sleep accessory with a zipper, snaps, buttons or other similar fasteners;
  • (c) it completely or partially defines the occupant retention area; and
  • (d) it is removable. (recouvrement structurel)

supplied with, in respect of an accessory, means designed to be used and sold together with a specific playpen or accessory that is made by the same manufacturer. (fourni)

Specifications

Requirements for Playpens and Accessories

Toxicity

2 Every playpen or accessory that contains a toxic substance must comply with section 25 of the Toys Regulations in relation to that substance.

Coatings

3 Every playpen and accessory must be free from any surface coating material that contains any of the following substances:

  • (a) more than 90 mg/kg total lead when the material is tested in accordance with a method that conforms to good laboratory practices;
  • (b) any compound of antimony, arsenic, cadmium, selenium or barium if more than 0.1% w/w of the compound dissolves in 5% hydrochloric acid after being stirred for 10 minutes at 20°C; or
  • (c) any compound of mercury when the material is tested in accordance with a method that conforms to good laboratory practices.

Stitching

4 All stitching that forms part of a playpen or accessory must be lock-stitching.

Shearing and pinching

5 A playpen or accessory must not have any part that is accessible to the child and that may cause injury to the child due to shearing or pinching.

Parts — textile or other pliable material

6 Any part of a playpen or accessory that is made of a textile or other pliable material and that is permanently affixed to a rigid structural component of the product must not, when the playpen or accessory is tested in accordance with Schedule 1, tear or become detached from the component.

Mesh — strength and integrity

7 (1) Any mesh that is made of a textile or other pliable material and that forms part of a playpen or accessory must not, when tested in accordance with Schedule 2, tear or become detached.

Mesh — size of openings

(2) The openings in mesh that is made of a textile or other pliable material and that forms part of a playpen or accessory must be of such a size that the hemispherical tip of a probe described in Schedule 3 is unable to pass through the openings when tested in accordance with that schedule.

Flammability

8 Any part of a playpen or accessory that is made of a textile or other pliable material must have a flame spread time greater than seven seconds, when tested in accordance with the Canadian General Standards Board standard CAN/CGSB-4.2 No. 27.5, entitled Textile Test Methods: Flame Resistance — 45° Angle Test — One-Second Flame Impingement, as amended from time to time, in either of the following circumstances:

  • (a) it does not have a raised fibre surface; or
  • (b) it has a raised fibre surface and, when tested, exhibits ignition or fusion of its base fibres.

Posts

9 A post of a playpen or sleep accessory must not extend more than 1.5 mm — measured within 76 mm from the outermost surface of the post — above the lowest point on the upper surface of the higher of the sides that adjoin the post.

Openings — entrapment

10 When a playpen or sleep accessory is tested in accordance with Schedule 4, there must not be any completely bounded opening in the surfaces that define the occupant retention area through which a solid rectangular block that measures 60 mm × 100 mm × 100 mm is capable of passing in any orientation.

Parts — wood, plastic or similar hard material

11 (1) Every exposed part of a playpen or accessory that is made of wood, plastic or a similar hard material must be smoothly finished to eliminate sharp edges and points and be free from cracks, burrs and other defects.

Parts — metal

(2) Every exposed part of a playpen or accessory that is made of metal must be smoothly finished to eliminate sharp edges and points and be free from burrs.

Metal tubing

(3) Every cut edge of any metal tubing that is part of a playpen or accessory must meet one of the following requirements if the cut edge is accessible to the child:

  • (a) it must be smoothly finished to eliminate sharp edges and points and be free from burrs; or
  • (b) it must be protected by a cap that remains in place when the cap is subjected to a force of 90 N applied in any direction.

Bolts

(4) The threaded end of every bolt of a playpen or accessory must, if the end is accessible to the child, be covered by an acorn nut or a device that offers equivalent protection.

Small parts

12 Every part of a playpen or accessory that is accessible to the child and that is small enough to be totally enclosed in the small parts cylinder illustrated in Schedule 5 must be affixed to the product so that the part does not become detached when it is subjected to a force of 90 N applied in any direction.

Parts — openings

13 Every slot, notch, groove or other opening in a wooden, plastic or metal part of a playpen or accessory — or in a part of one made of a similar hard material — that is accessible to the child must be of such a size and shape that, if it admits a probe that is 5.33 mm in diameter, it will also admit a probe that is 9.53 mm in diameter.

Cords and straps — length — general

14 (1) A cord, strap or other similar item that is attached by only one of its ends to a playpen or sleep accessory must not measure more than 188 mm in length when it is stretched by the gradual application of a force of 22 N.

Cords and straps — length — change table accessory

(2) In the case of a cord, strap or other similar item that is attached by only one of its ends to a change table accessory that is placed on or fixed to a playpen, the portion of the cord, strap or item that extends into the playpen’s occupant retention area must not measure more than 188 mm in length when it is stretched by the gradual application of a force of 22 N.

  • Cords and straps — loops — general
  • 15 (1) When tested in accordance with section 1 of Schedule 6, a cord, strap or other similar item that is attached to a playpen or sleep accessory must not be capable of forming either of the following loops:
  • (a) a loop inside the occupant retention area that permits the passage of the small head probe illustrated in the figure to that schedule; or
  • (b) a loop outside the occupant retention area that permits the passage of that probe and that, when the loop is pulled into the occupant retention area, remains there.

Cords and straps — loops — change table accessories

(2) When tested in accordance with section 2 of Schedule 6, a cord, strap or other similar item that is designed to restrain a child in a change table accessory that is placed on or fixed to a playpen must not be capable of forming a loop that can be pulled into the occupant retention area of the playpen and that permits the passage of the small head probe illustrated in the figure to that schedule.

Pads

16 A floor pad or mattress pad that is supplied with, or that is designed or advertised to be used with, a playpen or sleep accessory respectively must, when it is installed according to the manufacturer’s instructions, meet the following requirements:

  • (a) it must not be more than 38 mm thick; and
  • (b) it must be of such a size that, when it is pushed firmly against any side of the playpen or sleep accessory, it does not leave a gap of more than 30 mm between the floor pad or mattress pad and any part of any other side.

Additional Requirements for Playpens

Stability

17 When a playpen is tested in accordance with Schedule 7, at least three support points, each of which is found below or as close as possible to a post and one of which is not in a straight line with the other two, must remain in contact with the inclined plywood sheet.

Height of sides

18 When the top rails of the sides of a playpen are placed in the manufacturer’s recommended use position and no load is applied to its playing surface, the upper surface of the top rail of every side must be at least 508 mm higher than the playing surface.

Side deflection

19 The upper surface of the top rail of every side of a playpen must

  • (a) when tested in accordance with paragraphs 1(a) to (e) of Schedule 8, be at least 508 mm higher than the playing surface; and
  • (b) when tested in accordance with paragraphs 1(f) to (k) of Schedule 8, be at least 460 mm higher than the playing surface.

Strength of sides

20 The top rail of every side of a playpen that has a hinge and the latching or locking mechanisms of the rail must not, when the playpen is tested in accordance with section 2 of Schedule 8, break or disengage.

Rigid top rails — folding playpen

21 A rigid top rail of a folding playpen that has at least two hinges that latch or lock when the playpen is placed in the manufacturer’s recommended use position and that permits the top rail to fold vertically downwards from that position when unlatched or unlocked must meet the following requirements:

  • (a) when the top rail is tested in accordance with section 1 of Schedule 9, it must be possible to insert the probe described in that section into the space that is created by the folding of the top rail to a depth that is equal to or greater than the minimum distance between the opposite folded segments of the top rail; and
  • (b) if at least one of the hinges can be unlatched or unlocked independently from any other hinge, when the top rail is tested in accordance with section 2 of Schedule 9, the interior angle that is formed by the folding of the top rail must be at least 75°, measured within a radius of 76 mm of the hinge that is unlatched or unlocked.

Non-rigid top rails

22 A non-rigid top rail of a playpen must not, when tested in accordance with section 3 of Schedule 9, deform so that the surfaces or points that are identified on the template that is illustrated in the figure to that section and that are set out in columns 1 and 2 of the table to that section are in simultaneous contact with the top rail.

Top rails affixed to brackets

23 A playpen that has brackets that are affixed to its top rails and that are located above its posts must, when the playpen is tested in accordance with Schedule 10, meet the following requirements:

  • (a) the brackets must be free from any visible cracks;
  • (b) the fasteners of each bracket must not pass completely through any bracket wall; and
  • (c) any part of a fastener must not completely detach.

Latching or locking mechanisms — folding playpens

24 (1) A folding playpen must have a latching or locking mechanism that prevents the playpen from spontaneously folding up or collapsing when the playpen is placed in the manufacturer’s recommended use position.

Latching or locking mechanisms — top rails that fold down

(2) A latching or locking mechanism that is on the top rail of a folding playpen that has a hinge permitting the rail to fold downwards must latch or lock automatically when the rail is placed in the manufacturer’s recommended use position.

Latching or locking mechanisms — operation

25 Every latching or locking mechanism on a playpen must meet one of the following requirements:

  • (a) the mechanism requires a single action to latch or lock it and requires a force of at least 45 N to unlatch or unlock it; or
  • (b) the mechanism requires at least two separate, deliberate and simultaneous actions to unlatch or unlock it.

Appearance of latching or locking — top rails

26 When a playpen is tested in accordance with Schedule 11, a top rail of a playpen that has a latching or locking mechanism must fold when the mechanism is unlatched or unlocked.

Entanglement

27 When a playpen is tested in accordance with Schedule 12, the weight illustrated in Figure 2 to that schedule must not remain caught on any mechanism, fastener or projection of the playpen that is accessible to the child.

Structural integrity

28 The playing surface of a playpen, any component of the playpen that is located below the playing surface as well as the playpen’s rigid structural components must not exhibit any damage when the playpen is tested in accordance with Schedule 13.

Vertical displacement — removable floor pad with panel

29 (1) A removable floor pad of a playpen that is composed of a rigid panel or a series of rigid panels must not, when the playpen is tested in accordance with section 1 of Schedule 14, be displaced upwards more than 133 mm.

Vertical displacement — removable and foldable component

(2) A removable and foldable component of a playpen that is composed of a rigid panel or a series of rigid panels and on which a removable floor pad rests must not, when the playpen is tested in accordance with section 2 of Schedule 14, be displaced upwards more than 133 mm.

Additional Requirements for Accessories

Entrapment — accessory placed on or fixed to playpen

30 (1) When tested in accordance with section 1 of Schedule 15, any opening that is created when an accessory is placed on or fixed to a playpen must not permit the passage of the small head probe illustrated in Figure 1 to that section unless the opening also permits the passage of the large head probe illustrated in Figure 2 to that section.

Entrapment — accessory detached or displaced

(2) When tested in accordance with section 2 of Schedule 15, any opening that is created when an accessory detaches or is displaced from a playpen must not permit the passage of the small head probe illustrated in Figure 1 to section 1 of that schedule.

Exception

(3) Subsections (1) and (2) do not apply in respect of a manufacturer’s recommended use position for an accessory if, in that position, the playpen’s floor pad cannot be used.

Structural integrity — sleep and change table accessories

31 Every sleep accessory and change table accessory must be capable of supporting one of the following loads at the following locations for a period of 60 seconds without any damage to the accessory:

  • (a) in the case of a sleep accessory, a load of 24 kg that has a square base that measures 152 mm × 152 mm applied to the geometric centre of the sleeping surface and, if the surface has corners, then to each of the corners of the surface successively; and
  • (b) in the case of a change table accessory, a load of 45 kg that has a square base that measures 152 mm × 152 mm applied to the geometric centre of the surface that supports the weight of the child.

Sleep accessories — angle

32 (1) The angle of the sleeping surface of a sleep accessory must not exceed 7° from the horizontal.

Sleep accessories — angle of foldable mattress pad

(2) When a sleep accessory that has a foldable mattress pad is tested in accordance with Schedule 16, the angle of the surfaces adjacent to a fold in the mattress pad must not exceed 7° from the horizontal.

Sleep accessories that rock or swing — angle

33 Every sleep accessory that rocks or swings must meet the following requirements:

  • (a) it does not rock or swing beyond a 20° angle from the horizontal; and
  • (b) its angle at rest does not exceed 7° from the horizontal.

Sleep accessories — height of sides

34 The upper surface of every side of a sleep accessory must be at least 192 mm higher than the sleeping surface when no load is applied to the sleeping surface.

Sleep accessories — restraint systems

35 A sleep accessory must not have a child restraint system.

Information and Advertising

General Provisions

Reference to Canada Consumer Product Safety Act or Regulations

36 Information that appears on a playpen or accessory, that accompanies one or that is in any advertisement for one must not make any direct or indirect reference to the Canada Consumer Product Safety Act or these Regulations.

Advertising

37 An advertisement must not show a playpen or accessory in any way that is contrary to the warnings set out in sections 43 to 48.

Presentation of Information

Presentation — general

38 The information required by these Regulations must meet all of the following requirements:

  • (a) it must be displayed in both English and French;
  • (b) it must be printed on the playpen or accessory, or on a label that is permanently affixed to it;
  • (c) it must be legible and clearly displayed, including being printed in characters whose colour contrasts sharply with the background; and
  • (d) it must be sufficiently durable to remain legible or visible, as the case may be, throughout the useful life of the playpen or accessory under normal conditions of transportation, storage, sale and use.

Print

39 (1) The required information must be printed in a standard sans-serif type that

  • (a) is not compressed, expanded or decorative; and
  • (b) has a large x-height relative to the ascender or descender of the type, as illustrated in Schedule 17.

Height of type

(2) The height of the type is determined by measuring an upper case letter or a lower case letter that has an ascender or a descender, such as “b” or “p”.

Signal words

40 (1) The signal words “WARNING” and “MISE EN GARDE” must be displayed in boldfaced, upper case type that is not less than 5 mm in height.

Other information — height of type

(2) All other required information must be displayed in type that is not less than 2.5 mm in height.

Requirements for Playpens and Accessories

Required information

41 The following information must appear on every playpen and on every accessory that is sold separately, as well as on any packaging in which one of those products is displayed to the consumer:

  • (a) in the case of a playpen or accessory that is manufactured in Canada, the name and principal place of business of the manufacturer or the person for whom the playpen or accessory was manufactured;
  • (b) in the case of a playpen or accessory that is imported for commercial purposes, the name and principal place of business of the manufacturer, the person for whom the playpen or accessory was manufactured or the importer;
  • (c) its model name or model number; and
  • (d) the expression “DATE:” followed immediately by words or numbers that indicate when it was manufactured, consisting of the year and either the month or week, listed in that order.

Assembly and use — playpens

42 (1) The following information must appear on every playpen in text, drawings or photographs, or in any combination of them:

  • (a) instructions on how to assemble it and a quantitative list of its parts, if it is sold not fully assembled; and
  • (b) instructions on how to fold and unfold it, if it is a folding playpen.

Assembly and use — accessories

(2) The following information must appear on every accessory in text, drawings or photographs, or in any combination of them:

  • (a) instructions on how to assemble it and a quantitative list of its parts, if it is sold not fully assembled;
  • (b) instructions on how to fold and unfold it, if it is a folding accessory; and
  • (c) instructions on how to place it on or fix it to a playpen.

Exception — accessories supplied with playpens

(3) Despite subsection (2), if the accessory is supplied with a playpen, the information required by that subsection may appear on the playpen.

Additional Requirements for Playpens

Warning — all playpens

43 The following warning or its equivalent must appear on every playpen:

WARNING

  • Do not use this playpen if you cannot exactly follow the instructions that come with it.
  • Do not use this playpen for a child who can climb out of it or who is taller than 90 cm.
  • Do not place any cord, strap or similar item in or near this playpen that could become wrapped around a child’s neck.
  • Do not place this playpen near a window or patio door where a child could reach the cord of a blind or curtain and be strangled.
  • Check this playpen regularly before using it, and do not use it if any part is loose or missing or if there are any signs of damage. Do not substitute parts. Contact the manufacturer if replacement parts or additional instructions are needed.
  • Children can suffocate on soft bedding. Do not place pillows, comforters or an additional floor pad in this playpen.
  • Do not leave a child unattended in this playpen.

MISE EN GARDE

  • Ne pas utiliser ce parc pour enfant à moins d’être en mesure de suivre précisément les instructions qui l’accompagnent.
  • Ne pas utiliser ce parc pour enfant si l’enfant est capable d’en sortir ou mesure plus de 90 cm.
  • Ne pas mettre dans ce parc pour enfant ou à proximité de celui-ci des cordes, sangles ou objets semblables qui risqueraient de s’enrouler autour du cou de l’enfant.
  • Ne pas placer ce parc pour enfant près d’une fenêtre ou d’une porte-fenêtre où l’enfant pourrait saisir les cordes d’un store ou d’un rideau et s’étrangler.
  • Vérifier régulièrement ce parc pour enfant préalablement à son utilisation et ne pas l’utiliser si une pièce est desserrée, une pièce est manquante ou s’il y a un signe de dommages. Ne pas substituer une pièce à une autre. Communiquer avec le fabricant pour obtenir, au besoin, une pièce de rechange ou des instructions supplémentaires.
  • Les articles de literie mous présentent un risque de suffocation pour l’enfant. Ne pas mettre d’oreiller, d’édredon ou de matelas de sol supplémentaire dans ce parc pour enfant.
  • Ne pas laisser sans surveillance un enfant qui utilise ce parc pour enfant.

Warning — folding playpens

44 The following warning or its equivalent must appear on every folding playpen, immediately after the warning required by section 43:

WARNING

  • Ensure that the sides of this playpen are properly latched or locked in the appropriate position before placing a child in it.

MISE EN GARDE

  • S’assurer que les côtés de ce parc pour enfant sont bien enclenchés ou verrouillés à la position appropriée avant d’y placer un enfant.

Additional Requirements for Accessories

General

Warning — accessories

45 The following warning or its equivalent must appear on every accessory:

WARNING

  • Do not use this accessory if you cannot exactly follow the instructions that come with it.

MISE EN GARDE

  • Ne pas utiliser cet accessoire à moins d’être en mesure de suivre précisément les instructions qui l’accompagnent.

Warning — accessories — occupant retention area

46 The following warning or its equivalent must appear on every accessory that extends over or into the occupant retention area, immediately after the warning required by section 45:

WARNING

  • Remove this accessory when a child is in the playpen.

MISE EN GARDE

  • Retirer cet accessoire si l’enfant occupe le parc pour enfant.

Warning — accessories other than sleep accessories

47 The following warning or its equivalent must appear on every accessory other than a sleep accessory, immediately after the warnings required by sections 45 and 46:

WARNING

  • Do not use this accessory for a child who has reached [insert manufacturer’s recommended weight limit].
  • Do not leave a child unattended in or on this accessory.
  • Do not put a child to sleep or leave a sleeping child in or on this accessory.

MISE EN GARDE

  • Ne pas utiliser cet accessoire si l’enfant a atteint [insérer le poids maximal recommandé par le fabricant].
  • Ne pas laisser sans surveillance un enfant qui utilise cet accessoire.
  • Ne pas utiliser cet accessoire pour y faire dormir un enfant ou l’y laisser dormir.
Sleep Accessories

Warning — sleep accessories

48 The following warning or its equivalent must appear on every sleep accessory immediately after the warnings required by sections 45 and 46:

WARNING

  • Do not use this accessory for a child who can roll over or who has reached [insert manufacturer’s recommended weight limit].
  • Do not place any cord, strap or similar item in or near this accessory that could become wrapped around a child’s neck.
  • Check this accessory regularly before using it, and do not use it if any part is loose or missing or if there are any signs of damage. Do not substitute parts. Contact the manufacturer if replacement parts or additional instructions are needed.
  • Children can suffocate on soft bedding. Do not place pillows, comforters or an additional mattress pad in this accessory.

MISE EN GARDE

  • Ne pas utiliser cet accessoire si l’enfant est capable de se retourner ou a atteint [insérer le poids maximal recommandé par le fabricant].
  • Ne pas mettre dans cet accessoire ou à proximité de celui-ci des cordes, sangles ou objets semblables qui risqueraient de s’enrouler autour du cou de l’enfant.
  • Vérifier régulièrement cet accessoire préalablement à son utilisation et ne pas l’utiliser si une pièce est desserrée, une pièce est manquante ou s’il y a un signe de dommages. Ne pas substituer une pièce à une autre. Communiquer avec le fabricant pour obtenir, au besoin, une pièce de rechange ou des instructions supplémentaires.
  • Les articles de literie mous présentent un risque de suffocation pour l’enfant. Ne pas mettre d’oreiller, d’édredon ou de matelas supplémentaire dans cet accessoire.

Repeal

49 The Playpens Regulations (see footnote 6) are repealed.

Coming into Force

Six months after publication

50 These Regulations come into force on the day that, in the sixth month after the month in which they are published in the Canada Gazette, Part II, has the same calendar number as the day on which they are published or, if that sixth month has no day with that number, the last day of that sixth month.

SCHEDULE 1

(Section 6)

Test for Strength of Parts Made of a Textile or Other Pliable Material that are Permanently Affixed to a Rigid Structural Component

1 The following method is to be used for testing the strength of playpen or accessory parts that are made of a textile or other pliable material and that are permanently affixed to a rigid structural component of the product:

  • (a) assemble the playpen or accessory according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) over a period of five seconds, gradually apply a force of 130 N using a clamp with a 19-mm diameter clamping surface to a part that is made of a textile or other pliable material and that is permanently affixed to a rigid structural component, in the direction that is most likely to cause the part to tear or become detached from the component, and maintain the force for a period of 10 seconds; and
  • (c) repeat the step set out in paragraph (b) for all the other playpen or accessory parts that are made of a textile or other pliable material and that are permanently affixed to a rigid structural component.

SCHEDULE 2

(Subsection 7(1))

Test for Strength of Mesh and Integrity of Attachment

1 The following method is to be used for testing the strength of mesh on a playpen or accessory and the integrity of its attachment to that product:

  • (a) assemble the playpen or accessory according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) place the playpen or accessory on a horizontal surface on its side so that the side with the mesh panel that is being tested is positioned above the opposite side and, if necessary, secure it by using any blocking or support that maintains its position and that does not act directly on the frame of the side that is being tested;
  • (c) apply a load of 9.18 kg that has a rectangular base that measures 150 mm × 75 mm to the geometric centre of the mesh panel or, if any exterior framing interferes with the test, as close as possible to the geometric centre, so that the 150-mm dimension of the load is aligned parallel to the top rail of the side that is being tested, in the following way:
    • (i) gradually apply the load over a period of five seconds,
    • (ii) leave the load in place for 10 seconds,
    • (iii) gradually remove the load over a period of five seconds, and
    • (iv) allow a recovery time of 10 seconds;
  • (d) repeat the step set out in paragraph (c) nine times for a total of 10 applications;
  • (e) repeat the steps set out in paragraphs (c) and (d) on the top portion of the mesh panel in the following way:
    • (i) align the load so that the 75-mm dimension is parallel to the top edge of the mesh panel, and
    • (ii) apply the load to the mesh panel so that the centre of the 75-mm dimension of the load is 25 mm below the centre of the top edge of the panel;
  • (f) repeat the steps set out in paragraphs (c) and (d) on the bottom portion of the mesh panel in the following way:
    • (i) align the load so that the 75-mm dimension is parallel to the bottom edge of the mesh panel, and
    • (ii) apply the load to the mesh panel so that the centre of the 75-mm dimension of the load is 25 mm above the centre of the bottom edge of the panel;
  • (g) if the bottom of the playpen or accessory has a mesh panel, place the product upside down on a horizontal surface and, if necessary, secure it by using any blocking or support that maintains its position and that does not act directly on the frame of the bottom of the product, and repeat the steps set out in paragraphs (c) to (f); and
  • (h) repeat the steps set out in paragraphs (b) to (g) on all the other mesh panels of the playpen or accessory.

SCHEDULE 3

(Subsection 7(2))

Test for Determination of Mesh Size

1 The following method is to be used for testing the size of openings in mesh on a playpen or accessory:

  • (a) assemble the playpen or accessory according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test; and
  • (b) using a probe that has a hemispherical tip with a diameter of 6.3 mm, attempt to pass the tip of the probe through openings in the mesh at 10 evenly distributed locations by gradually applying a force of 22 N to the probe perpendicularly to the plane of the mesh.

SCHEDULE 4

(Section 10)

Test for Openings

1 The following method is to be used for testing completely bounded openings that are formed or exposed in the surfaces that define the occupant retention area of a playpen or sleep accessory:

  • (a) assemble the playpen or sleep accessory according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) inside the occupant retention area, place a solid rectangular block that measures 60 mm × 100 mm × 100 mm against a side of the playpen or sleep accessory in a location where the application of force is likely to create or expose a completely bounded opening;
  • (c) gradually apply a force of 90 N to the block over a period of five seconds and maintain the force for an additional 10 seconds;
  • (d) repeat the steps set out in paragraphs (b) and (c) for all the other locations that are likely to create or expose a completely bounded opening in that side;
  • (e) repeat the steps set out in paragraphs (b) to (d) for all the other sides;
  • (f) repeat the steps set out in paragraphs (b) to (d) for the playing surface or sleeping surface, but place the block on the surface;
  • (g) by gradually applying a force of 90 N over a period of five seconds and maintaining the force for an additional 10 seconds, attempt to pass the block, in all possible orientations, through any completely bounded opening that is located — or that was created or exposed as a result of the steps set out in paragraphs (b) to (f) — in each of the surfaces that define the occupant retention area;
  • (h) if the playpen or sleep accessory has a structural cover, attempt to undo the zippers, snaps or other similar fasteners that attach it to the playpen or accessory by applying a force of 90 N in any direction to each of them; and
  • (i) repeat the step set out in paragraph (g) for all the other completely bounded openings that are created or exposed in the surfaces that define the occupant retention area.

SCHEDULE 5

(Section 12)

Small Parts Cylinder

Image - Detailed information can be found in the surrounding text.

SCHEDULE 6

(Subsections 15(1) and (2))

Tests for Loops

Playpens and Sleep Accessories

1 The following method is to be used for testing a loop that is formed by a cord, strap or other similar item of a playpen or sleep accessory:

  • (a) assemble the playpen or sleep accessory according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) if the product is a sleep accessory, place the accessory in the manufacturer’s recommended use position on the playpen or fix it in that position to the playpen;
  • (c) select a loop to be tested and, while holding the loop open to its maximum diameter, attempt to pass the small head probe illustrated in the figure to this schedule through the loop;
  • (d) if a loop that allows the passage of the probe is outside the occupant retention area, apply a force of 22 N to the loop to attempt to pull it into the occupant retention area;
  • (e) release the loop and observe whether the loop remains inside the occupant retention area; and
  • (f) repeat the steps set out in paragraphs (c) to (e) for all the other loops.

Change Table Accessories

2 The following method is to be used for testing a cord, strap or other similar item of a change table accessory that is designed to restrain a child:

  • (a) assemble the playpen and the change table accessory according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) place the change table accessory in the manufacturer’s recommended use position on the playpen or fix it in that position to the playpen;
  • (c) if the change table accessory has at least one opening, select a cord, strap or other similar item to be tested and, with it unfastened, apply a push or pull force to it of at most 111 N and attempt to pass it into the occupant retention area through the opening and, if a loop forms inside the occupant retention area, hold the loop open to its maximum diameter and attempt to pass the small head probe illustrated in the figure to this schedule through the loop;
  • (d) repeat the step set out in paragraph (c) for all the other cords, straps or similar items;
  • (e) if two cords, straps or other similar items pass into the occupant retention area, adjust them to their greatest length and fasten them together according to the manufacturer’s instructions to form a loop and, while holding the loop open to its maximum diameter, attempt to pass the small head probe illustrated in the figure to this schedule through the loop;
  • (f) unfasten the cords, straps or other similar items and pull them from the opening referred to in paragraph (c);
  • (g) repeat the steps set out in paragraphs (c) to (f) for all the other possible combinations of openings and cords, straps or other similar items;
  • (h) adjust the cords, straps or other similar items to their greatest length, fasten them together and then drape the loop that is formed over the side of the change table accessory so that it hangs inside the occupant retention area and, while holding the loop open to its maximum diameter, attempt to pass the small head probe illustrated in the figure to this schedule through the part of the loop that is inside the occupant retention area;
  • (i) repeat the step set out in paragraph (h) for all the other possible combinations of cords, straps or other similar items;
  • (j) repeat the step set out in paragraph (c) for fastened cords, straps or other similar items; and
  • (k) repeat the step set out in paragraph (j) for all the other possible combinations of openings and fastened cords, straps or other similar items.

Figure — Small head probe

Image - Detailed information can be found in the surrounding text.

SCHEDULE 7

(Section 17)

Test for Stability

1 The following method is to be used for testing the stability of a playpen:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) mark each support point of the playpen in order to be able to identify them;
  • (c) place the playpen on a plywood sheet that is 19 mm thick and has a surface area of such a size that all support points are at least 50 mm from any edge of the plywood sheet, orient the playpen so that a pair of adjacent support points is parallel to an edge of the plywood sheet and, if necessary, block the support points to prevent slippage;
  • (d) place the test device illustrated in the figure to this schedule on the playing surface of the playpen in such a way that one of the sides that measures 300 mm is parallel to the edge of the plywood sheet selected under paragraph (c) and is centred along and as close as possible to that side of the playpen;
  • (e) tilt the plywood sheet by pivoting it on the edge that is closest to the testing device until the plywood sheet forms an angle of 10° from the horizontal; and
  • (f) repeat the steps set out in paragraphs (c) to (e) until each support point is tested with each support point that is adjacent to it.

Figure — Stability test device

Image - Detailed information can be found in the surrounding text.

SCHEDULE 8

(Sections 19 and 20)

Tests for Deflection and Strength of Sides

1 The following method is to be used for testing the deflection of a playpen’s sides:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) with no load placed on the playing surface, gradually apply a vertical force of 220 N downwards to a location that measures 50 mm on the upper surface of the top rail of a side where the application of the force is likely to cause the top rail to deflect, then maintain the force for 10 seconds;
  • (c) remove the force and measure the distance between the lowest point on the upper surface of the top rail and the playing surface;
  • (d) repeat the steps set out in paragraphs (b) and (c) at all the other locations on the upper surface of the top rail where the application of the force is likely to cause the top rail to deflect;
  • (e) repeat the steps set out in paragraphs (b) to (d) for all the other top rails of the playpen;
  • (f) identify a location that measures 50 mm on the upper surface of a top rail where the application of force is likely to cause the top rail to deflect;
  • (g) place on the playing surface a wooden block that has a square base that measures 152 mm x 152 mm so that the centre of the side of the block that is closest to the top rail is aligned on a vertical axis with the centre of the identified location;
  • (h) place a 4.5 kg weight on the centre of the wooden block;
  • (i) gradually apply a vertical force of 130 N downwards to the identified location and then maintain the force for 10 seconds while measuring the distance between the playing surface and the identified location;
  • (j) repeat the steps set out in paragraphs (f) to (i) at all the other locations on the upper surface of the top rail where the application of the force is likely to cause the top rail to deflect; and
  • (k) repeat the steps set out in paragraphs (f) to (j) for all the other top rails of the playpen.

2 The following method is to be used for testing the strength of a side of a playpen that has a hinge:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test, and place the playpen against a wall or in a test device that holds the playpen at a 45° angle from the horizontal;
  • (b) gradually apply, over a period of five seconds, a force of 445 N to a location that measures 50 mm on the upper surface of a top rail that is as close to the centre of the top rail as possible and in a direction that is 45° to the playing surface and towards the interior of the playpen, and maintain the force for 10 seconds; and
  • (c) repeat the step set out in paragraph (b) for all the other top rails of the playpen.

SCHEDULE 9

(Sections 21 and 22)

Tests for Top Rail Configuration

1 The following method is to be used for testing the space created when a rigid top rail of a folding playpen is folded:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) fold the playpen completely;
  • (c) position the two opposite folded segments of a top rail parallel to each other so that they are not more than 6 mm from each other, or are as close to being parallel as possible, while making sure that the corner brackets do not overlap, and maintain this position during the test;
  • (d) move aside any parts made of a textile or other pliable material as well as any other part of the playpen that could interfere with the insertion of a probe — that is a rectangular aluminum prism that has a minimum length of 75 mm and square ends that measure 38 mm × 38 mm and whose edges have a radius of curvature of 3 mm — into the space created by the folding of the top rail;
  • (e) place the probe on the lowest point between the opposite folded segments in such a way that the lower surface of the probe is in contact with the upper surface of the top rail and that the square end of the probe is perpendicular to the upper surface of the top rail;
  • (f) apply a horizontal force of 45 N to the probe towards the interior of the playpen; and
  • (g) repeat the steps set out in paragraphs (b) to (f) for all the other top rails.

2 The following method is to be used for testing the V-shaped space created by the unlatching or unlocking of only one of the hinges of a rigid top rail of a playpen:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) unlatch or unlock one of the hinges of a top rail and latch or lock its other hinges;
  • (c) reposition any parts made of a textile or other pliable material that could interfere with the measurement of the angle;
  • (d) attach a weight of 4.5 kg to a strap with a width of 25 mm and suspend the strap from the hinge that is unlatched or unlocked for a period of 10 seconds and then remove the weight;
  • (e) measure the angle that is formed between the two folded segments of the top rail within a radius of 76 mm of the hinge that is unlatched or unlocked;
  • (f) repeat the steps set out in paragraphs (b) to (e) for all the other hinges of the top rail; and
  • (g) repeat the steps set out in paragraphs (b) to (f) for all the other top rails.

3 The following method is to be used for testing the space created when a non-rigid top rail of a playpen is folded:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) place the surface identified as surface A of Test Template B, illustrated in the figure to this section, on the upper surface of a top rail and apply a force vertically of 134 N downwards to Test Template B;
  • (c) while maintaining the force, visually inspect the playpen to determine whether any combination of surfaces and points set out in the table to this section comes into contact with the top rail; and
  • (d) repeat the steps set out in paragraphs (b) and (c) for all the other top rails.

Figure — Test Template B

Image-Detailed information can be found in the surrounding text.

TABLE

Combinations of Surfaces and Points

Item

Column 1

Surface or point of template

Column 2

Surface or point of template

1

B1

B2

2

C1

C2

3

C1

D

4

C2

D

5

B1C1

B2C2

6

C1D

C2D

SCHEDULE 10

(Section 23)

Test for Top Rails Affixed to Brackets

1 The following method is to be used for testing the top rail of a playpen that is affixed to brackets that are located above a post:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) secure the playpen by using any blocking or support that does not interfere with the conduct of the test;
  • (c) mount at the centre of a top rail a rigid moment arm that has a mass of less than 2.2 kg, has a length of at least 610 mm and has two clamping surfaces — each having a surface area that is a minimum of 6.5 cm2 and a maximum of 26 cm2 — in such a way that it extends horizontally towards the exterior of the playpen;
  • (d) over a period of 10 seconds, gradually apply a force — in a direction that is perpendicular to the moment arm and is upwards — to a location that is 610 mm from the centre of the top rail until a force of 89 N is reached or the moment arm has rotated 90° and then maintain the force for 10 seconds;
  • (e) repeat the steps set out in paragraphs (c) and (d) on the same top rail but apply the force downwards; and
  • (f) repeat the steps set out in paragraphs (c) to (e) for all the other top rails.

SCHEDULE 11

(Section 26)

Test for Latching or Locking Mechanisms

1 The following method is to be used for testing the latching or locking mechanism of a top rail of a playpen:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) take the steps that are necessary to ensure that the hinges of only one top rail are unlatched or unlocked and, if applicable, that the centre floor hub is latched or locked;
  • (c) attempt to place the top rail in the manufacturer’s recommended use position;
  • (d) observe whether the top rail folds within two seconds;
  • (e) if the top rail did not fold within the two seconds, gradually apply over a period of five seconds a force of 44 N to the location on the top rail that is most likely to result in the top rail folding, maintain the force over a period of 30 seconds and observe whether the top rail folds while the force is applied;
  • (f) repeat the steps set out in paragraphs (c) to (e) four more times for the same top rail; and
  • (g) repeat the steps set out in paragraphs (b) to (f) for all the other top rails.

SCHEDULE 12

(Section 27)

Test for Entanglement

1 The following method is to be used for determining whether a mechanism, fastener or projection of a playpen that is accessible to the child poses an entanglement hazard:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) select a mechanism, fastener or projection to be tested that would be accessible to the child;
  • (c) attempt to place the centre axis of the ring gauge illustrated in Figure 1 to this schedule perpendicular to the surface of the component of the playpen to which the mechanism, fastener or projection is affixed;
  • (d) if the mechanism, fastener or projection extends beyond the thickness of the ring gauge, place the short loop of the weight illustrated in Figure 2 to this schedule around the mechanism, fastener or projection with the weight freely hanging down;
  • (e) repeat the step set out in paragraph (d) using the long loop of the weight around the mechanism, fastener or projection with the weight hanging over the top rail of the playpen and freely hanging on the other side; and
  • (f) repeat the steps set out in paragraphs (c) to (e) for all the other mechanisms, fasteners or projections of the playpen that would be accessible to the child.

Figure 1 — Ring gauge

Image: Detailed information can be found in the surrounding text.

Figure 2 — Weight

Image: Detailed information can be found in the surrounding text.

SCHEDULE 13

(Section 28)

Tests for Structural Integrity

1 The following method is to be used for testing the structural integrity of the playing surface of a playpen, of any component of the playpen that is located below the playing surface and of the playpen’s rigid structural components under static conditions:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) place two wooden blocks, each of which has a square base that measures 152 mm × 152 mm, on the playing surface 152 mm apart at the location that is most likely to be damaged as a result of the step set out in paragraph (c); and
  • (c) apply a load of 23 kg to one wooden block and a 14-kg load to the other wooden block, and leave the loads in place for 60 seconds.

2 The following method is to be used for testing the structural integrity of the playing surface of a playpen, of any component of the playpen that is located below the playing surface and of the playpen’s rigid structural components under dynamic conditions:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) place a wooden block that has a square base that measures 152 mm × 152 mm on the playing surface at the location that is most likely to be damaged as a result of the step set out in paragraph (c);
  • (c) using a 14-kg solid test load, cause the load to fall freely onto the wooden block from a height of 76 mm, measured from the upper surface of the block; and
  • (d) repeat the step set out in paragraph (c) 49 times at the rate of no more than 10 seconds between impacts for a total of 50 impacts.

SCHEDULE 14

(Subsections 29(1) and (2))

Tests for Vertical Displacement of Removable Floor Pad and Removable and Foldable Component

1 The following method is to be used for testing the vertical displacement of a removable floor pad of a playpen that is composed of a rigid panel or a series of rigid panels:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) attach a clamp with a 19-mm diameter clamping surface as close as possible to a corner of the removable floor pad;
  • (c) using the clamp, apply a vertical upwards force of 2.2 N;
  • (d) while maintaining the force, select a fixed reference point on the clamp that is near the upper surface of the removable floor pad, and another fixed reference point on the component on which the floor pad rests, directly below the first fixed reference point;
  • (e) using the clamp, gradually apply a vertical upwards force of 66 N over a period of five seconds;
  • (f) while maintaining the force, measure the vertical upwards displacement of the removable floor pad between the fixed reference points;
  • (g) repeat the steps set out in paragraphs (b) to (f) to the other corners; and
  • (h) if the removable floor pad is foldable, repeat the steps set out in paragraphs (b) to (f) to other locations on the removable floor pad that are most likely to be displaced upwards and that are situated along the edges of the removable floor pad that are parallel to the axis around which the floor pad folds.

2 The following method is to be used for testing the vertical displacement of a removable and foldable component of a playpen that is composed of a rigid panel or a series of rigid panels and on which a removable floor pad rests:

  • (a) assemble the playpen according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) remove the removable floor pad;
  • (c) attach a clamp with a 19-mm diameter clamping surface as close as possible to a corner of the removable and foldable component;
  • (d) using the clamp, apply a vertical upwards force of 2.2 N;
  • (e) while maintaining the force, select a fixed reference point on the clamp that is near the upper surface of the removable and foldable component, and another fixed reference point on the component on which the floor pad rests, directly below the first fixed reference point;
  • (f) using the clamp, gradually apply a vertical upwards force of 66 N over a period of five seconds;
  • (g) while maintaining the force, measure the vertical upwards displacement of the removable and foldable component between the fixed reference points; and
  • (h) repeat the steps set out in paragraphs (c) to (g) to the other corners and other locations on the removable and foldable component that are most likely to be displaced upwards and that are situated along the edges of the removable and foldable component that are parallel to the axis around which the component folds.

SCHEDULE 15

(Section 30(1) and (2))

Tests for Entrapment in Accessories

1 The following method is to be used for testing openings that are created when an accessory is placed on or fixed to a playpen:

  • (a) assemble the playpen and the accessory or accessories according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) place the accessory or combination of accessories on the playpen — or fix it or them to the playpen — in one of the manufacturer’s recommended use positions, and identify any openings that are created and are likely to permit the passage of the small head probe illustrated in Figure 1 to this section but not the large head probe illustrated in Figure 2 to this section;
  • (c) rotate the small head probe to the orientation that is most likely to permit its passage through one of the identified openings and, from inside the occupant retention area of the playpen, gradually apply an upward or outward force of 111 N to the probe over a period of five seconds, then maintain the force for 10 seconds;
  • (d) if the small head probe can pass entirely through the opening, repeat the step set out in paragraph (c) using the large head probe and attempt to pass it, without forcing it, through the opening in any orientation;
  • (e) repeat the steps set out in paragraphs (c) and (d) for all the other identified openings; and
  • (f) repeat the steps set out in paragraphs (b) to (e) for all the other manufacturer’s recommended use positions.

Figure 1 — Small head probe

  • Image - Detailed information can be found in the surrounding text.

Figure 2 — large head probe

Image - Detailed information can be found in the surrounding text.

2 The following method is to be used for testing openings that are created by the detachment or displacement of an accessory from a playpen:

  • (a) assemble the playpen and the accessory or accessories according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) place the accessory or combination of accessories on the playpen — or fix it or them to the playpen — in one of the manufacturer’s recommended use positions, and identify the parts of the accessory that are most likely to detach or become displaced and so create an opening;
  • (c) using a rod that has a circular tip with a diameter of 50 mm, gradually apply an upward or outward force of 111 N over a period of five seconds to one of the identified locations;
  • (d) if an opening is created, attempt to pass the small head probe illustrated in Figure 1 to section 1, without forcing it, through the opening in any orientation;
  • (e) repeat the steps set out in paragraphs (c) and (d) for all the other identified parts of the accessory; and
  • (f) repeat the steps set out in paragraphs (b) to (e) for all the other manufacturer’s recommended use positions.

SCHEDULE 16

(Subsection 32(2))

Test for Angle of Foldable Mattress Pad of Sleep Accessories

1 The following method is to be used for testing the angle of the surfaces adjacent to a fold in a foldable mattress pad for a sleep accessory:

  • (a) assemble the playpen and sleep accessory according to the manufacturer’s instructions, omitting any attachments that could interfere with the conduct of the test;
  • (b) place the playpen on a horizontal surface in the manufacturer’s recommended use position;
  • (c) place the sleep accessory on, or fix it to, the playpen in the manufacturer’s recommended use position;
  • (d) if the playpen or sleep accessory rocks or swings, disable that function;
  • (e) establish a horizontal reference plane by placing on the horizontal surface and near the playpen an inclinometer with a minimum resolution of 0.5° and zero it;
  • (f) place a cylinder that has a mass of 7.6 kg, a length of 305 mm and a diameter of 152 mm horizontally on a fold in the foldable mattress pad so that the centre of the cylinder is above the fold and the cylinder is aligned parallel to that fold, and if the cylinder does not remain in that location, place a sufficient number of stops to immobilize it, with the total mass of the stops not exceeding 0.11 kg;
  • (g) place, within 12.7 mm of one of the ends of the cylinder, a steel block measuring 152 mm × 101.6 mm, that has a thickness of 12.7 mm and a mass of 1.5 kg so that one of the 152-mm sides of the block is placed on the fold in the foldable mattress pad parallel to the central axis of the cylinder and ignore any contact that results from the block sliding and touching the cylinder;
  • (h) if the size of the sleep accessory does not allow the steel block to be placed in accordance with paragraph (g), move the cylinder off-centre sufficiently so that the block can be placed in accordance with that paragraph;
  • (i) place the inclinometer on the centre of the upper surface of the block and measure the angle that is formed between the upper surface of the block and the horizontal, while ensuring that the inclinometer does not come into contact with the upper surface of the foldable mattress pad;
  • (j) if the angle is greater than 7°, repeat the steps set out in paragraphs (g) to (i) two times and calculate the average of the three measurements;
  • (k) repeat the steps set out in paragraphs (g) to (j) but move the block horizontally while maintaining the same orientation so that the other 152-mm side of the block is placed on the same fold, parallel to the central axis of the cylinder;
  • (l) repeat the steps set out in paragraphs (f) to (k) for all the other folds in the foldable mattress pad; and
  • (m) remove any removable component of the sleep accessory that supports the foldable mattress pad and repeat the steps set out in paragraphs (f) to (l).

SCHEDULE 17

(Paragraph 39(1)(b))

Standard Sans-serif Type

Image - Detailed information can be found in the surrounding text.

[16-1-o]

  • Footnote 1
    The U.S. CPSC Final Rules on which the new Regulations are based are — The U.S. CPSC Final Rule on Play Yards was issued on August 29, 2012, amended on August 19, 2013, and came into effect on February 19, 2014. (In the United States, playpens are commonly referred to as play yards.) This Final Rule adopts requirements from ASTM F406-13, “Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards.” — The U.S. CPSC Final Rule on Bassinets and Cradles was issued on October 23, 2013, and came into effect on April 23, 2014. This Final Rule adopts requirements from ASTM F2194-13, “Standard Consumer Safety Specification for Bassinets and Cradles.”
  • Footnote 2
    The full CBA is available upon request.
  • Footnote 3
    For each scenario, costs were estimated over 20 years (2016 to 2036) and discounted at 7%.
  • Footnote 4
    The CBA identifies the proposed side height as a deviation from the United States. However, the U.S. Final Rule for Bassinets and Cradles (which contains requirements for playpen sleep accessories) has the same side height requirement as sleep accessories in the proposed Playpens Regulations. A voluntary U.S. standard (the ASTM Inclined Sleep Products standard) specifies a lower side height for products with angles greater than 10 degrees and less than 30 degrees.
  • Footnote 5
    The U.S. CPSC Final Rule for Bassinets and Cradles was published after the Health Canada consultation.
  • Footnote 6
    SOR/2016-189
  • Footnote a
    Values presented for 2016–2020 as well as for the 20-year total are undiscounted.
  • Footnote b
    Present values (PV) calculated using a discount rate of 7%.
  • Footnote c
    Assumed playpens to births ratio is 70%.
  • Footnote d
    Because of data limitations, it is not possible to estimate benefits on an expected value basis. A break-even approach is employed — i.e. characterizing and quantifying the number of such incidents that the Regulations would need to prevent in order for their benefits to be equal to their cost. The number of incidents is reported in Section B.
  • Footnote e
    S.C. 2010, c. 21