O. Reg. 254/08: UPHOLSTERED AND STUFFED ARTICLES

 

ontario regulation 254/08

made under the

Technical standards and safety act, 2000

Made: June 17, 2008
Filed: July 16, 2008
Published on e-Laws: July 18, 2008
Printed in The Ontario Gazette: August 2, 2008

Amending O. Reg. 218/01

(Upholstered and Stuffed Articles)

1. (1) Subsection 1 (1) of Ontario Regulation 218/01 is amended by adding the following definition:

“furniture” includes the frame, coils, wiring or any other related metal components;

(2) The definition of “home hobby or craft operator” in subsection 1 (1) of the Regulation is amended by adding “in Ontario” after “manufactures”.

(3) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“mattress” includes the frame, coils, edge-guards, wiring or any other related metal components;

(4) Clause (b) of the definition of “new material” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(b) material not manufactured for use as stuffing that is subsequently shredded, cut or reduced to a fibrous state through any other process for use as stuffing, and includes recycled material but only if it has undergone a remanufacturing process;

(5) The definition of “second-hand article” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“second-hand article” means an upholstered or stuffed article that has been purchased from a retailer and returned, but does not include such an article if it is returned to the retailer before use with the original label attached;

(6) The definition of “stuffing” in subsection 1 (1) of the Regulation is amended by striking out “meant to be”. 

(7) Subsection 1 (2) of the Regulation is revoked and the following substituted:

(2) For the purposes of this Regulation, an upholstered or stuffed article shall be deemed to be offered for sale, lease or rent while it is in the possession of or on the premises of a person carrying on business as a manufacturer, wholesaler, importer, distributor, retailer or lessor.

(8) Section 1 of the Regulation is amended by adding the following subsection:

(5) A reference in this Regulation to a requirement that a person do anything in accordance with this Regulation or in compliance with this Regulation, that an upholstered or stuffed article, stuffing or a label be in compliance with this Regulation or a reference to anything being carried out or permitted in accordance with this Regulation includes a reference to a requirement for compliance, to the carrying out of the thing or to permission to do the thing contained in a safety order under section 14 of the Act, a public safety order under section 31 of the Act or an authorization under clause 36 (3) (a) of the Act made or given by the director.

2. Subsection 2 (2) of the Regulation is revoked and the following substituted:

(2) Subsection 3 (1) and sections 5, 6 and 8 do not apply to persons engaged in the manufacture, sale and labelling of,

(a) original upholstery or articles manufactured as part of a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle, drawn, propelled or driven by any kind of power, including muscular power, a motorized snow vehicle, an airplane, or a boat or other watercraft intended for personal use, provided that the upholstery or articles meet the standards of the appropriate federal authority at the time the vehicle or airplane is manufactured; 

(b) life-saving equipment that bears a stamp or label of approval of the appropriate federal authority;

(c) disposable or single use articles; or

(d) helmets that bear a stamp or label of approval of the appropriate provincial or federal authority.

3. Subsection 5 (2) of the Regulation is revoked and the following substituted:

(2) A retailer who receives a second-hand article for purposes of sale shall, immediately upon receiving it, affix a second-hand label in Form 5 to a conspicuous part of the article.

4. Section 14 of the Regulation is revoked and the following substituted:

Forms of labels

14. (1) Subject to subsection (6), a label shall be made of tyvek, mylar, linen or a material equivalent in strength to those materials. 

(2) A label for an article of bedding or upholstered furniture in which new material is used exclusively shall be in Form 1, be coloured white with black ink and be at least 6.4 centimetres in width by 10 centimetres in length. 

(3) A label for all articles, other than bedding or upholstered furniture, in which new material is used exclusively shall be in Form 2 for clothing and articles other than clothing, be coloured white with black ink and be at least 9 centimetres in width by at least 3.5 centimetres in length.

(4) A label for all articles, other than bedding or upholstered furniture, in which new material is used exclusively shall be in Form 3 for toys or articles too small for Form 2, be coloured white with black ink and be at least 5.5 centimetres in width by at least 1.3 centimetres in length. 

(5) A label for a renovated article shall be in Form 4, be coloured white with black ink and be at least 10 centimetres in length.

(6) A label for a second-hand article shall be in Form 5, be coloured yellow with black ink and be at least 10 centimetres in length.

(7) A label indicating that an article is not in compliance with this Regulation shall be in Form 6, be coloured red with black ink and be affixed only to articles that are not in compliance with this Regulation.

5. Subsection 16 (1) of the Regulation is revoked and the following substituted:

Requirements relating to labels

(1) Subject to subsections (2) and 17 (2), a label in Form 1, Form 2 or Form 3 affixed to an upholstered or stuffed article shall indicate, under the heading “Content”, the generic names of all stuffing materials, listed in order of predominance, by volume not by percentage, used in the article, as set out in Column II of the Schedule, and the size of the label shall be extended as necessary. 

6. Section 21 of the Regulation is revoked and the following substituted:

21. Subject to sections 12 and 22 of the Act, an inspector or the local medical officer of health may, by order in writing, require the destruction of an upholstered or stuffed article being offered for sale by a dealer, if he or she believes on reasonable grounds that it is a danger to public health and cannot be satisfactorily treated, and the article,

(a) has been in contact with a person suffering from a communicable disease;

(b) is soiled;

(c) is in such condition that it is likely to adversely affect the health of any person;

(d) contains vermin; or

(e) shows signs of corrosion or other degradation.

7. Forms 1, 2, 3, 4, 5 and 6 of the Regulation are revoked and the following substituted:

22. In this Regulation, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms and is available on the website of the Technical Standards and Safety Authority. 

Table of Forms
(See section 22 — Technical Standards and Safety Authority)

 

Form Number	Form Name	Date of Form
1	Manufacturer’s Label / Étiquette du fabricant	March 15, 2008
2	Manufacturer’s Label / Étiquette du fabricant	March 15, 2008
3	Manufacturer’s Label / Étiquette du fabricant	March 15, 2008
4	Renovated Article / Article rénové	March 15, 2008
5	Second-hand Article / Article d’occasion	March 15, 2008
6	Notice / Avis	March 15, 2008

8. The Schedule to the Regulation is amended by striking out “22. Reclaimed Fibres” in Column II and substituting “22. New Reclaimed Fibres”.

9. This Regulation comes into force on the day it is filed.