Vol. 150, No. 14 — July 13, 2016

Registration

SOR/2016-179 June 22, 2016

CANADA CONSUMER PRODUCT SAFETY ACT

Expansion Gates and Expandable Enclosures Regulations

P.C. 2016-606 June 21, 2016

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 37 of the Canada Consumer Product Safety Act (see footnote a), makes the annexed Expansion Gates and Expandable Enclosures Regulations.

Expansion Gates and Expandable Enclosures Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

burr means, in relation to the surface finish of an expansion gate or an expandable enclosure, any non-functional protrusion that changes the roughness-height index by more than 100 μm. (bavure)

expandable enclosure means a self-supporting barrier, for indoor or outdoor use, that is intended to be used for children from the age of 6 months to 24 months and to surround completely an area within which such children may be confined. (enceinte extensible)

expansion gate means a barrier that is intended to be used for children from the age of 6 months to 24 months and to be erected in a doorway or similar opening in order to prevent the passage of such children, but that can be removed by older persons who are able to operate the locking mechanism. (barrière extensible)

indelibly printed means, in relation to the labelling of an expansion gate, an expandable enclosure or its packaging, marked by means of paint-stencilling, die-stamping, moulding or stamping directly on the expansion gate, the expandable enclosure or its packaging or by any other means, in such a manner that the markings do not fade and are not subject to being erased when tested in accordance with section 1 of Schedule 1. (inscription indélébile)

permanently affixed means, in relation to the labelling of an expansion gate, an expandable enclosure or its packaging, durably applied by means of a label that is fastened to the expansion gate, the expandable enclosure or its packaging with an adhesive or other suitable bonding agent or by any other means, and in such a manner that the label is not readily removable when tested in accordance with section 2 of Schedule 1. It does not include affixed by means of a hang tag, or a label affixed to a stuffed or padded part of the expansion gate or expandable enclosure. (étiquette permanente)

rough means, in relation to the surface finish of an expansion gate or an expandable enclosure, that the roughness-height index is greater than 50 μm. (rugueux)

roughness-height index means, in relation to the surface finish of an expansion gate or an expandable enclosure, the mean deviation, expressed in micrometres, of the surface irregularities from a hypothetical perfect surface. (indice de rugosité-hauteur)

safety standard means American Society for Testing and Materials (ASTM) standard F 1004-86, entitled Standard Consumer Safety Specification for First-Generation Standard Expansion Gates and Expandable Enclosures, approved on December 26, 1986 and published in April 1987. (norme de sécurité)

Specifications

Decorative or protective coating

2 An expansion gate or an expandable enclosure must not have applied to it a decorative or protective coating that contains

Flammability

3 Any part of an expansion gate or an expandable enclosure that is made of a textile fibre 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:

Parts — metal

(2) Every part of an expansion gate or an expandable enclosure that is made of metal must be free from burrs, projections and sharp edges, corners or points.

Bolts

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

Small parts

5 Every part of an expansion gate or an expandable enclosure that is small enough to be totally enclosed in the small parts cylinder illustrated in Schedule 2 must be affixed to the expansion gate or the expandable enclosure in such a way that it does not become detached when subjected to a force of 90 N applied in any direction.

Performance

6 Every expansion gate and expandable enclosure must comply with the performance requirements set out in sections 4.1 to 4.1.5 of the safety standard.

Testing

7 Every expansion gate and expandable enclosure must be tested in accordance with the methods set out in sections 5.1 to 5.3.1 and 5.3.2.1 to 5.3.4 of the safety standard.

Information

Reference to Canada Consumer Product Safety Act or Regulations

8 Information that appears on an expansion gate or an expandable enclosure, 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.

Information — general

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

WARNING

Install according to manufacturer’s instructions.

Intended for use with children from 6 months through 24 months.

Install with locking mechanism on side away from child (applies to pressure-mounted gates only).

This product will not necessarily prevent all accidents. Never leave child unattended.

If an enclosure has a locking/latching mechanism, the following warning shall apply: Use only with the locking/latching mechanism (or appropriate terminology) securely engaged.

MISE EN GARDE

Installer conformément aux instructions du fabricant.

Destiné aux enfants de 6 à 24 mois.

Installer de façon que le mécanisme de verrouillage se trouve du côté opposé à l’enfant. (Seulement dans le cas des barrières retenues par pression.)

Cet article ne prévient pas nécessairement tous les accidents. Ne jamais laisser l’enfant sans surveillance.

Si l’enceinte est munie d’un mécanisme de fermeture/verrouillage, l’avertissement suivant s’y applique : N’utiliser l’article que lorsque le mécanisme de fermeture/verrouillage (ou autres termes appropriés) est solidement enclenché.

Warning — presentation

(3) The warning must be displayed in the following manner:

Accompanying information

(4) Every expansion gate and expandable enclosure must be accompanied by written material that reproduces the warning set out in subsection (2), as well as the following instructions legibly written, that clearly state in English and French, with line drawings or photographs illustrating the sequence of steps, if needed:

Repeal

11 The Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations (see footnote 1) are repealed.

Coming into Force

Registration

12 These Regulations come into force on the day on which they are registered.

SCHEDULE 1

(Section 1)

Tests for Indelibility and Durability

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

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

SCHEDULE 2

(Section 5)

Small Parts Cylinder

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

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2016-164, Asbestos Products Regulations.