Government Announcement About Ontario's Upholstered and Stuffed Articles Regulation

After careful consideration, the Government of 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.

The elimination of the regulation is expected to save businesses a minimum of $4 million a year in licensing costs. Businesses would also save costs related to the need for an Ontario-specific label and inspection activity by the Technical Standards and Safety Authority. The revocation also furthers government action to remove technical barriers to trade in line with the Canadian Free Trade agreement. There will be greater regulatory clarity and efficiency for businesses as they will only have to comply with federal requirements in Ontario.

Questions regarding this policy decision can be directed to Ministry of Government and Consumer Services senior policy advisor Sarah Jeffrey-Hampton: (416) 326-8726 / sarah.jeffrey-hampton@ontario.ca.

Operational questions and concerns can be directed to TSSA’s Vice President of Operations and USA Statutory Director (A) Peter Wong: (416) 734-6248 / pwong@tssa.org.

Regards,

Hussein Lalani, Director, Public Safety Branch

Questions & Answers

What is the change?

On December 6, 2018 the Government of Ontario announced its decision to revoke the Upholstered and Stuffed Articles Regulation (O. Reg. 218/01). As of July 1, 2019, provincial licensing, labelling, processing, cleanliness and sterilization requirements set out in the regulation will no longer apply to manufacturers, renovators, home hobby/craft operators and other persons currently subject to the regulation in the Province of Ontario. Upholstered and stuffed articles will no longer be part of TSSA’s mandate.

When does the revocation come into effect? 

The revocation will be effective July 1, 2019.

What happens between now and July 1, 2019?

The USA regulation is legally binding until July 1, 2019. Until that time, TSSA will continue to fulfil its obligations to administer and enforce the regulation.

What happens to fees?

As of January 1, 2019, invoices issued by TSSA will reflect a 50% credit. On May 1, 2019 fee collection for the USA Program will cease altogether in anticipation for the July 1, 2019 revocation date.

What industry sectors are affected by this change?

Any person who is currently subject to the regulation. These persons include importers, distributors, manufacturers, fabricators, home hobby/craft operators, renovators, retailers, suppliers of filling materials and printers of prescribed labels.

How will this affect the reciprocal regulatory relationship with Quebec and Manitoba, the two other provinces with upholstered and stuffed articles laws?

The revocation applies to Ontario and Manitoba in January 2020. All manufacturers, importers, distributors, etc. with upholstered and stuffed articles destined for sale in Quebec should take the necessary steps to ensure they continue to comply with those provinces’ laws.