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On July 11, 20181, Health Canada published changes to the Toy Regulations in the Canada Gazette. The amendments will come into force six months after they are published in the Canada Gazette, Part II, during which time the current Regulations will continue to apply to all toys sold, advertised, imported or manufactured in Canada. The provisions of the Canada Consumer Product Safety Act (CCPSA) regarding danger to human health or safety will continue to apply to dangerous magnetic toys.
These definitions in section 1 of the Toys Regulation are replaced by the following:
• plush toy means a toy with a raised fiber surface.
• soft toy includes a toy that is stuffed or made of pliable rubber or pliable plastic.
• toy means a product that is intended for use by a child under 14 years of age in learning or play. (Note: Canada now has a upper age limit for Toys)
Section 37 of the Regulations is replaced by the following:
37 A pull or push toy that has a shaft-like handle that measures 10 mm or less in diameter must have a protective tip that is placed on the end of the handle to prevent puncture wounds and that is able to withstand a pulling force of 44.5 N.
Subsection 38(3) of the Regulations is repealed.
The Regulations are amended by adding the following after section 42:
43 Every magnetic toy and any of its magnetic components, including those magnetic components that become separated from the magnetic toy or magnetic component when tested in accordance with Schedule 9, that can be totally enclosed in the small parts cylinder, as illustrated in Schedule 1, using a force of not more than 4.45 N, must have a magnetic flux index of less than 0.5 T2mm2, when tested in accordance with Schedule 10.
44 (1) Section 43 does not apply to the following magnetic components:
• those that are necessary for the operation of motors, relays, speakers and other electrical or electronic components in a magnetic toy, provided that the magnetic properties are not part of the play or learning pattern of the toy; and
• (b) subject to subsection (2), those that are part of a kit intended for carrying out educational experiments involving both magnetism and electricity and intended for a child of at least 8 years of age.
Warning — container and instructions for use
(2) The following warning or its equivalent must be displayed prominently and legibly in English and French on the kit’s container and instructions:
Not suitable for children under 8 years of age. This kit contains small magnets. Swallowed magnets can stick together across intestines causing serious injuries. Seek immediate medical attention if a magnet may have been swallowed.
MISE EN GARDE!
Cette trousse ne convient pas à un enfant de moins de 8 ans. Elle contient de petits aimants. Les aimants qui sont avalés peuvent s’attirer mutuellement à travers l’intestin et engendrer ainsi de graves blessures. Consultez immédiatement un médecin si un enfant semble avoir avalé un aimant.
Schedule 1 to the Regulations is replaced by the Schedule 1 set out in Schedule 1 to these Regulations.
The Regulations are amended by adding, after Schedule 8, the Schedules 9 and 10 set out in Schedule 2 to these Regulations.
Schedule 9 is the Test Method for Integrity of Magnetic Toys and Magnetic Components (Note: The cycling test is 10 cycles before and after testing)
Schedule 10 is the Test Method for Determination of Magnetic Flux Index
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