NEWS

Revocation of Upholstered and Stuffed Article Regulation in Ontario Canada

After careful consideration, the Government of Canada Ontario has approved the revocation of the Upholstered and Stuffed Articles regulation under the Technical Standards and Safety Act, 2000, effective July 1, 2019.

The revocation of the regulation will eliminate all Ontario-specific requirements for upholstered and stuffed articles imposed on business, and remove the oversight and enforcement role of the Technical Standards and Safety Authority.

Upholstered and stuffed articles sold in Ontario will continue to be subject to applicable federal legislation including the Canada Consumer Product Safety Act and the Textile Labelling Act, as is the case in other provinces. This federal legislation protects consumers against health and safety issues related to all types of consumer products including apparel and children’s toys. In addition, the Toys regulation under the Canada Consumer Product Safety Act has additional requirements for stuffing in dolls, plush toys and soft toys (i.e., must be clean, free of vermin, free of hard or sharp foreign matter, non-toxic and non-irritant).

Ontario’s upholstered and stuffed articles will also continue to be subject to the province’s Consumer Protection Act. For example, this legislation prohibits misleading descriptions of goods such as claiming a product is new or unused when in fact it is used or reconditioned. Misrepresentation is an offence under the act, which could be subject to prosecution, and could also be a basis for a civil claim.

Currently, there are three provinces Ontario, Quebec and Manitoba in Canada which have legislation to regulate the licensing, registration and labelling requirements for upholstered and stuffed articles, and the revocation applies only in Ontario. All manufacturers, importers, distributors, and retailers of upholstered and stuffed articles destined for sale in Quebec or Manitoba will continue to be subject to the federal and provincial legislation on licensing, registration and labelling requirements.

For more information, please check:
https://www.tssa.org/en/upholstered-stuffed-articles/upholstered-and-stuffed-articles.aspx