CONSOLIDATION

Expansion Gates and Expandable Enclosures Regulations

SOR/2016-179

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Expansion Gates and Expandable Enclosures Regulations

Interpretation 1

Definitions

Specifications 2

Decorative or protective coating

Flammability

Parts — wood, plastic or similar hard material

Small parts

Performance

Testing

Information 8

Reference to Canada Consumer Product Safety Act or Regulations

Information — general

Packaging

Repeal Coming into Force 12

Registration

SCHEDULE 1

Tests for Indelibility and Durability SCHEDULE 2

Small Parts Cylinder

Current to June 20, 2022

ii

Registration SOR/2016-179

June 22, 2016

CANADA CONSUMER PRODUCT SAFETY ACT

Expansion Gates Regulations P.C. 2016-606

and

Expandable

Enclosures

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 Acta, makes the annexed Expansion Gates and Expandable Enclosures Regulations.

a

S.C. 2010, c. 21

Current to June 20, 2022

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)

Current to June 20, 2022

Expansion Gates and Expandable Enclosures Regulations Interpretation Sections 1-4

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 (a) any compound of antimony, arsenic, cadmium, selenium or barium if more than 0.1% w/w of that compound dissolves in 5% hydrochloric acid after being stirred for 10 minutes at 20°C; or (b) any compound of mercury.

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: (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.

Parts — wood, plastic or similar hard material 4 (1) Every part of an expansion gate or an expandable

enclosure that is made of wood, plastic or a similar hard material must be free from cracks and other defects and be smoothly finished to eliminate rough or sharp edges.

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.

Current to June 20, 2022

Expansion Gates and Expandable Enclosures Regulations Specifications Sections 4-9

Metal tubing (3) Every cut edge of any metal tubing of an expansion

gate or an expandable enclosure must meet one of the following requirements: (a) it must be smoothly finished to eliminate rough or sharp edges, corners or points; or (b) it must be protected by a cap that remains in place when subjected to a force of 90 N applied in any direction.

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,

Current to June 20, 2022

Expansion Gates and Expandable Enclosures Regulations Information Section 9

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: (a) the name and principal place of business in Canada of the manufacturer, importer or distributor; (b) its model name or model number; and (c) the year and month of its manufacture, or a code or other identification that identifies that year and month.

Warning — general (2) Every expansion gate and expandable enclosure must

have indelibly printed on it or permanently affixed to it, either the following warning in English and in French, clearly and prominently displayed in numerals and letters that contrast sharply with the background by their colour, projection or indentation, or visual images, clearly and prominently displayed, that concisely and readily convey the same meaning as the text of the warning: 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:

Current to June 20, 2022

Expansion Gates and Expandable Enclosures Regulations Information Sections 9-12

(a) the

headings “WARNING” and “MISE EN GARDE” must be in upper case block letters at least 5 mm in height; and

(b) the text of the warning must be in numerals and

letters at least 2.5 mm in height. 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: (a) how it is to be assembled, if it is not sold fully assembled; (b) how it is to be installed, including a statement of

the limitations regarding the use of any mounting hardware that is included; and (c) how it is to be operated, maintained and cleaned.

Packaging 10 The packaging in which an expansion gate or an expandable enclosure is sold must have indelibly printed on it or permanently affixed to it, the information referred to in paragraphs 9(1)(a) to (c), clearly and prominently displayed.

Repeal 11 [Repeal]

Coming into Force Registration 12 These Regulations come into force on the day

on which they are registered.

Current to June 20, 2022

Expansion Gates and Expandable Enclosures Regulations SCHEDULE 1 Tests for Indelibility and Durability

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: (a) spray the marked or printed surface with a glass cleaner; (b) let the marked or printed surface soak for 20 seconds; (c) using a back and forth motion, lightly rub the marked or printed surface 10 times within 10 seconds with an all-purpose cloth; and (d) note and record whether the markings or printing have faded or erased. 2 The following method is to be used for testing whether

a label is permanently affixed: (a) spray the label with a glass cleaner; (b) let the label soak for 20 seconds; (c) apply light pressure and, using a motion towards the centre of the label, scrub the label at each corner 10 times within 10 seconds with an all-purpose nylon scrub pad; (d) starting at one end of the label, attempt with bare

fingers to lift and peel; and (e) note and record whether the label can be removed in one piece.

Current to June 20, 2022

Expansion Gates and Expandable Enclosures Regulations SCHEDULE 2 Small Parts Cylinder

SCHEDULE 2 (Section 5)

Small Parts Cylinder

Current to June 20, 2022

Expansion Gates and Expandable Enclosures Regulations AMENDMENTS NOT IN FORCE

AMENDMENTS NOT IN FORCE — SOR/2022-122, s. 4 4 Section 1 of the Expansion Gates and Expandable Enclosures Regulations3 is amended by adding the following in alphabetical order: 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)

— SOR/2022-122, s. 5 5 Section 2 of the Regulations is replaced by the

following: Stickers, films and surface coating materials 2 (1) A sticker, film or other similar material that can be removed, or a surface coating material, that is applied to an accessible part of an expansion gate or an expandable enclosure must not contain, when it is tested in accordance with a method that conforms to good laboratory practices, (a) more than 90 mg/kg total lead; (b) any compound of antimony, arsenic, cadmium, selenium or barium if more than 1 000 mg/kg of the compound migrates from the material; or (c) more than 10 mg/kg total mercury.

Definition of accessible part and surface coating material (2) For the purposes of subsection (1), accessible part

and surface coating material have the same meanings as in section 1 of the Surface Coating Materials Regulations.

SOR/2016-179

Current to June 20, 2022

