Key takeaways
- The CCPSA bans importing or selling a consumer product that is a danger to human health or safety. There is no pre-market approval, so the importer carries the risk.
- Importers must keep traceability records for six years and report safety incidents within two days, with a written report within ten days.
- Upholstered furniture is a consumer textile article: the cover fabric needs fibre content in English and French and the dealer's identity.
- Ontario, Manitoba and Quebec have repealed their stuffed articles rules. No provincial law label or registration is needed now, but federal rules still apply.
- Paint and other coatings on accessible parts of furniture and children's products must not exceed 90 mg/kg total lead.
Canada Consumer Product Safety Act: the core duties
The Canada Consumer Product Safety Act (CCPSA) applies to consumer products: products, including their components, parts, accessories and packaging, that an individual may reasonably be expected to obtain for non-commercial use. Food, drugs, cosmetics, vehicles and some other goods are excluded in Schedule 1. Health Canada administers the Act.
| Duty | Section | What it means for an importer |
|---|---|---|
| General prohibition | s. 7 | Do not manufacture, import, advertise or sell a consumer product that is a danger to human health or safety, or that is under a recall or ordered measure |
| Misleading labels and claims | s. 9 | No packaging or label that falsely suggests a product is safe or misstates its safety certification or compliance with a standard |
| Records | s. 13 | Keep the name and address of the person you obtained the product from and the person you sold it to (retailers: where and when sold). Keep them for six years after the end of the year they relate to, at a place of business in Canada |
| Incident reporting | s. 14 | Give Health Canada all information you hold about an incident within 2 days of becoming aware of it. The manufacturer, or the importer if the manufacturer is outside Canada, must file a written report within 10 days |
An “incident” includes an occurrence, a defect, or incorrect or insufficient labels or instructions that could reasonably be expected to cause death or serious adverse health effects. A safety recall or measure started by a foreign authority also counts. For an Indian factory with no Canadian presence, the Canadian importer files the 10-day report, so it needs fast access to the factory's production records.
Textile Labelling and Advertising Regulations
The Textile Labelling Act and the Textile Labelling and Advertising Regulations (TLAR) cover consumer textile articles, including upholstered furniture, bedding, towels, curtains and apparel. The Competition Bureau enforces them.
| Label element | Requirement |
|---|---|
| Fibre content | Generic fibre names with percentages by mass, generally in order of predominance. Fibres under 5% may be named or shown as “other fibre(s)”. A 5% tolerance applies to blends |
| Language | Fibre content in English and French, except where only one official language is used in consumer transactions. Quebec has further French-language rules |
| Dealer identity | The dealer's name and full postal address, or a CA identification number issued by the Competition Bureau to a dealer in Canada. Can be in one official language |
| Permanence | Articles in Schedule I (for example sheets, towels, bedspreads, draperies) need a permanent label that stays legible through at least ten cleanings. Schedule III articles (for example table linens, carpets) may use hang tags or stickers |
| Upholstered furniture | Disclose the outer covering fabric's fibre content. Each different fabric is disclosed separately. The label must be readily accessible to a shopper; hang tags and stickers are acceptable. Fillings need not be disclosed unless a fibre claim is made. Leather is not a textile fibre |
Upholstered and stuffed articles: current status
Ontario, Manitoba and Quebec used to require registration and “law labels” for upholstered and stuffed articles. The Competition Bureau confirms all three have repealed those rules: Ontario on 1 July 2019, Manitoba on 1 January 2020 and Quebec on 9 December 2021. No provincial stuffed articles label or registration number is now needed.
The repeal does not touch federal law. Upholstered furniture still needs TLAR fibre labelling, must be safe under the CCPSA, and any filling claim (“100% polyester fibre”, “down”) must be true. The Bureau also points to the voluntary industry Upholstered Furniture Action Council (UFAC) programme for flammability. Mattresses have their own federal Mattresses Regulations (SOR/2016-183).
Surface Coating Materials Regulations: lead and mercury
The Surface Coating Materials Regulations (SOR/2016-193) limit lead and mercury in paints and similar coatings.
| Rule | Limit |
|---|---|
| Surface coating material sold as such (s. 2) | No more than 90 mg/kg total lead |
| Surface coating material sold as such (s. 5) | No more than 10 mg/kg total mercury |
| Coating, sticker or film on an accessible part of furniture, products for children, pencils and artist brushes (s. 6) | No more than 90 mg/kg total lead |
“Accessible part” means a part that may be touched, licked, mouthed or swallowed in reasonably foreseeable use. For painted wooden or metal furniture from India, that covers almost every painted surface.
What an inspection can verify, and what needs a lab
| An inspector at the factory can check | Needs a lab |
|---|---|
| Fibre content labels are present, bilingual, in the right format, and show a CA number or full name and address | Whether the declared fibre percentages are accurate |
| Permanent labels are sewn in on Schedule I articles; hang tags on upholstered furniture are readily accessible | Total lead and mercury in paints and coatings |
| Fabric article numbers match the fabric the labels were based on | Flammability or other performance tests |
| Paint batch numbers match the paint covered by your lead test report; lot or batch codes are marked for traceability |
How Clear To Load checks this in India
On a furniture inspection or home textiles inspection in India, we check bilingual fibre labels, CA numbers, label placement and permanence on sampled units, and record paint and fabric batch numbers against your test reports. We also note the lot codes that support your CCPSA records. For fibre or lead tests, we pull and seal samples for an accredited lab through lab testing coordination.
The report arrives within 24 hours with a verdict: Cleared to load, Hold or Not cleared. Book an inspection.
Sources
- Canada Consumer Product Safety Act, S.C. 2010, c. 21
- Textile Labelling and Advertising Regulations, C.R.C., c. 1551
- Competition Bureau: Guide to the Textile Labelling and Advertising Regulations
- Competition Bureau: Federal Labelling Requirements for Upholstered Furniture
- Competition Bureau: Guide to the Labelling of Stuffed or Filled Textile Articles
- Surface Coating Materials Regulations, SOR/2016-193