Canada proposes a new regulation to lower use flame retardants in tents

On June 17, 2023, Health Canada published its proposed Tents Regulations in the Canada Gazette which includes amendments to the Toys Regulations and the Textile Flammability Regulations. The government is seeking stakeholder comments on these proposals until August 26. 

The purpose of the Tents Regulations is to ensure the safety of individuals in Canada by addressing the risk of injuries and fatalities caused by tent fires. These regulations establish specific requirements for fire-safety labeling and flammability performance of tents. Initially, the regulations incorporated sections of an industry standard that focused on the flammability concerns related to the commonly used tent material at the time of enactment, specifically paraffin-coated cotton canvas. However, these performance requirements are no longer suitable for addressing the flammability hazards associated with the materials currently available in the market. As a result, the existing requirements may hinder the use of tent materials that are actually safe from a risk perspective, leading manufacturers to apply flame-retardant chemicals to comply with the regulations. 

Health Canada is proposing to replace the current flammability and fire-safety labeling requirements in the Tents Regulations with contemporary standards developed by the Canadian General Standards Board (CGSB). The proposed standard, entitled CAN/CGSB-182.1-2020 Flammability and Labelling Requirements for Tents, would provide updated guidelines that align with modern tent materials. Furthermore, Health Canada is suggesting the inclusion of flammability performance and fire-safety labeling requirements for children's play tents in the Toys Regulations. This would allow for separate regulation of play tents not intended for outdoor use, thereby excluding them from the Tents Regulations. Additionally, amendments to the Textile Flammability Regulations are proposed to exclude products covered by the Toys Regulations, streamlining the regulatory framework. 

This regulatory proposal aims to address various issues associated with the current requirements in the Tents Regulations under the Canada Consumer Product Safety Act (CCPSA). These issues include outdated references and methodologies for assessing the flammability performance of modern tent materials, which may lead to a reliance on flame- retardant chemicals for compliance. It is worth noting that the proposed changes do not include a prohibition on flame retardants in conventional tents and certain children's play tents, as previously considered in the 2019 proposal. 

If finalized, the new requirements would take effect immediately upon publication in the Gazette. Sellers would have one year to comply, while manufacturers and importers would have 180 days to ensure compliance.