21. (1) The Minister may designate as an inspector or analyst for the purposes of this Act any person who, in the Minister’s opinion, is qualified to be so designated.

(2) The Minister shall furnish every inspector with a certificate of designation and, on entering any place pursuant to subsection 22(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.

R.S., 1985, c. H-3, s. 21; R.S., 1985, c. 24 (3rd Supp.), s. 1.

22. (1) An inspector may at any reasonable time enter any place where the inspector believes on reasonable grounds any hazardous product is manufactured, prepared, preserved, processed, packaged, sold or stored for sale, processing or packaging and

(a) examine any product, material or substance that the inspector believes on reasonable grounds is a hazardous product and take samples thereof, and examine any other thing that the inspector believes on reasonable grounds is used or is capable of being used for the manufacture, preparation, preservation, processing, packaging, sale or storage of a hazardous product;

(b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any hazardous product;

(c) examine any books, records or other documents that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or of any portion thereof;

(d) where the inspector believes on reasonable grounds that any computer system on the premises contains data relevant to the enforcement of this Act or that such data is available to the computer system, use the computer system or cause it to be used to search any data contained in or available to the computer system, reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and seize the printout or other output for examination or copying; and

(e) seize any product, material or substance, or any labelling, advertising material or other thing, by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or of any regulation made under this Act has been contravened or has not been complied with.

(2) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector such assistance and furnish the inspector with such information as the inspector may, for the purpose of exercising the powers referred to in paragraphs (1)(a) to (e), reasonably require them to give or furnish.

(3) All information that, pursuant to the Hazardous Materials Information Review Act, a supplier is exempt from disclosing under paragraph 13(a) or (b) or 14(a) or (b) and that is obtained by an inspector who is admitted to any place pursuant to the powers conferred on an inspector by subsection (1) is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of the administration and enforcement of this Act.

R.S., 1985, c. H-3, s. 22; R.S., 1985, c. 24 (3rd Supp.), s. 1.

23. (1) No person shall obstruct, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in carrying out any duties or functions under this Act or any regulation made under this Act.

(2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any thing seized under this Act by an inspector.

R.S., 1985, c. H-3, s. 23; R.S., 1985, c. 24 (3rd Supp.), s. 1.

24. Any thing seized under this Act may at the option of an inspector be kept or stored in the place where it was seized, or be removed to any other proper place by or at the direction of an inspector.

R.S., 1985, c. 24 (3rd Supp.), s. 1.

25. (1) Where any product, material, substance or other thing has been seized under this Act, any person may, within two months after the date of the seizure, on prior notice having been given in accordance with subsection (2) to the Minister by registered mail addressed to the Minister at Ottawa, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order of restoration under subsection (3).

(2) The notice referred to in subsection (1) shall be mailed at least fifteen clear days prior to the day on which the application is to be made to the provincial court judge and shall specify

(a) the provincial court judge to whom the application is to be made;

(b) the place where and the time when the application is to be heard;

(c) the product, material, substance or other thing in respect of which the application is to be made; and

(d) the evidence on which the applicant intends to rely to establish that the applicant is entitled to possession of the thing in respect of which the application is to be made.

(3) Subject to section 26, where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied

(a) that the applicant is entitled to possession of the product, material, substance or other thing seized, and

(b) that the thing seized is not and will not be required as evidence in any proceedings in respect of an offence under section 28,

the judge shall order that the thing seized be restored forthwith to the applicant.

(4) Subject to section 26, where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the thing seized but is not satisfied with respect to the matters mentioned in paragraph (3)(b), the judge shall order that the thing seized be restored to the applicant

(a) on the expiration of four months after the date of the seizure if no proceedings in respect of an offence under section 28 have been commenced before that time; or

(b) on the final conclusion of any such proceedings in any other case.

(5) Where no application has been made under subsection (1) for the restoration of any product, material, substance or other thing seized under this Act within two months after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the thing seized shall be delivered to the Minister who may make such disposition of it as the Minister thinks fit.

R.S., 1985, c. 24 (3rd Supp.), s. 1.

26. (1) Where a person has been convicted of an offence under section 28, any hazardous product seized under this Act by means of or in respect of which the offence was committed is forfeited to Her Majesty and shall be disposed of as the Minister directs.

(2) Where an inspector has seized a hazardous product under this Act and the owner thereof or the person in whose possession the product was at the time of seizure consents in writing to its destruction, the hazardous product is forfeited to Her Majesty and shall be destroyed or otherwise disposed of as the Minister directs.

R.S., 1985, c. 24 (3rd Supp.), s. 1.

27. The Governor in Council may make regulations

(a) respecting the powers and duties of inspectors and analysts and the taking of samples and the seizure, detention, forfeiture and disposition of products, materials, substances and other things; and

(b) generally for carrying out the purposes and provisions of this Part.

R.S., 1985, c. 24 (3rd Supp.), s. 1.

27.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety.

(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

(a) 14 days after it is made, unless it is approved by the Governor in Council,

(b) the day on which it is repealed,

(c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and

(d) one year after the interim order is made or any shorter period that may be specified in the interim order.

(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

(4) An interim order

(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

(b) shall be published in the Canada Gazette within 23 days after it is made.

(5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

2004, c. 15, s. 69.

28. (1) Every person who contravenes or fails to comply with any provision of this Act or of any regulation made under this Act

(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; or

(b) is guilty of an indictable offence and liable to a fine not exceeding one million dollars or to imprisonment for a term not exceeding two years or to both.

(2) Where a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

(3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)(a) may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.

R.S., 1985, c. 24 (3rd Supp.), s. 1.

29. (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under section 28 of this Act or under section 463, 464 or 465 of the Criminal Code in respect of an offence under section 28.

(2) In any prosecution for an offence mentioned in subsection (1), the burden of proving that an exception, exemption, excuse or qualification prescribed by law operates in favour of the accused is on the accused and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, excuse or qualification does not operate in favour of the accused, whether or not it is set out in the information or indictment.

R.S., 1985, c. 24 (3rd Supp.), s. 1.

30. (1) Subject to this section, a certificate of an analyst stating that the analyst has analysed or examined a product, material or substance and stating the result of the analysis or examination is admissible in evidence in any prosecution for an offence mentioned in subsection 29(1) and in the absence of any evidence to the contrary is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

(2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

(3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.

R.S., 1985, c. 24 (3rd Supp.), s. 1.

31. A complaint or information in respect of an offence under section 28 may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.

R.S., 1985, c. 24 (3rd Supp.), s. 1.

1. Jequirity beans (abrus precatorius) or any substance or article made from or including jequirity beans in whole or in part.

2. Furniture and other articles for children that are painted with a surface coating material that contains lead compounds of which the total lead content is more than 600 mg/kg.

3. Yo-yo type balls and similar products made of a soft and pliable material and consisting of at least a ball or an object of any other shape that is attached to a stretchable cord, whether or not of the same material, that is capable of extending to at least 500 mm in length.

4. Products made in whole or in part of textile fibres, other than products included in items 5 and 13 of this Part and items 14, 29, 30, 31.1 and 40 of Part II of this Schedule, that, when tested in accordance with method D1230-61, the Standard Method of Test for Flammability of Clothing Textiles, a standard of the American Society for Testing and Materials, have a time of flame spread of

(a) 3.5 seconds or less, where the products do not have a raised fibre surface; or

(b) 4 seconds or less, where the products have a raised fibre surface and exhibit ignition or fusion of their base fibres.

5. Children’s sleepwear, other than products included in item 39 of Part II of this Schedule, in sizes up to and including size 14X that, when tested in accordance with method D1230-61, the Standard Method of Test for Flammability of Clothing Textiles, a standard of the American Society for Testing and Materials, have a time of flame spread of 7 seconds or less.

6. Spectacle frames that, in whole or in part, are made of or contain cellulose nitrate.

7. Toys, equipment and other products for use by a child in learning or play that are, in whole or in part, made of or impregnated with celluloid or cellulose nitrate, other than Ping Pong balls.

8. Toys, equipment and other products for use by a child in learning or play that contain any of the following substances :

(a) carbon tetrachloride or any substance containing carbon tetrachloride,

(b) methyl alcohol or any substance containing more than 1 per cent weight to volume of methyl alcohol,

(c) petroleum distillates or any substance containing more than 10 per cent weight to volume of petroleum distillates,

(d) benzene,

(e) turpentine or any substance containing more than 10 per cent weight to volume turpentine,

(f) boric acid or salts of boric acid, or

(g) ethyl ether,

where the substance can, under reasonably foreseeable circumstances, become accessible to a child or where the substance is a filling that may be released on breakage or leakage.

9. Toys, equipment and other products for use by a child in learning or play that have had a surface coating material applied to them that contains any of the following substances:

(a) [Repealed, SOR/2005–110, s. 2]

(b) total lead in excess of 600 mg/kg;

(c) any compound of antimony, arsenic, cadmium, selenium or barium introduced as such if more than 0.1 per cent of such compound dissolves in five per cent hydrochloric acid after stirring for ten minutes at 20oC; or

(d) any compound of mercury introduced as such.

10. Toys, equipment and other products for use by a child in learning or play that

(a) make or emit noise exceeding one hundred decibels measured at the distance that the product ordinarily would be from the ear of the child using it;

(b) contain plant seeds as pellets for making noise, where the product is intended for use by a child of less than three years of age; or

(c) contain plant seeds as stuffing material.

11. Kite strings made of a material that is a conductor of electricity.

12. Baby walkers that are mounted on wheels or any other device permitting movement of the walker and that have an enclosed area supporting the baby in a sitting or standing position so that their feet touch the floor, thereby enabling the horizontal movement of the walker.

13. Products made in whole or in part of textile fibres and designed for use on a pillow or on a bed, cot, crib or other furniture designed to be used for sleeping that, when tested in accordance with method D1230-61, the Standard Method of Test for Flammability of Clothing Textiles, a standard of the American Society for Testing and Materials, have a time of flame spread of

(a) 7 seconds or less, where the products do not have a raised fibre surface; or

(b) 7 seconds or less, where the products have a raised fibre surface and exhibit ignition or fusion of their base fibres.

14. Products for babies, including teethers, soothers and pacifiers, that are put in the mouth when used and that contain a filling that has in it a viable micro-organism.

15. Structural devices that position feeding bottles to enable babies to feed themselves therefrom while unattended.

16. Textile fibre products that are to be worn on the person and that contain asbestos fibres, other than products that are

(a) designed for the purpose of affording protection from fire or heat hazards; and

(b) constructed in a way that ensures that the asbestos fibres will not, on reasonably foreseeable use, become separated from the products.

17. (1) Bathtub enclosures, shower doors and storm doors for household use that are made of glass or contain a pane of glass, which glass is not safety glass within the meaning of the Safety Glass Regulations.

(2) Exterior doors for household use, other than storm doors, that

(a) are made of glass that is not safety glass within the meaning of the Safety Glass Regulations; or

(b) contain a pane of glass exceeding 5 square feet in area that is not safety glass within the meaning of the Safety Glass Regulations and the lowest edge of which is less than 3 feet from the bottom edge of the door.

18. Pencils and artists’ brushes that have had a surface coating material applied to them that contains more than 600 mg/kg of total lead.

19. Ice hockey helmets that do not meet the requirements of Canadian Standards Association standard CAN/CSA-Z262.1-M90, entitled Ice Hockey Helmets, as amended from time to time.

20. Products for protecting the face of ice hockey and box lacrosse players that do not meet the requirements of Standard CAN 3-Z262.2-M78, Face Protectors for Ice Hockey and Box Lacrosse Players, a standard of the Canadian Standards Association, published in English in December, 1978 and in French in June, 1979.

21. Toys, equipment and other products for use in blowing balloons by a child that contain any aromatic, aliphatic or any other organic solvent, which solvent or any vapour therefrom may, during or as a result of the normal use of the product, be released directly into the mouth.

22. [Deleted, SOR/2001-270, s. 3]

23. Disposable metal containers that contain a pressurizing fluid composed in whole or in part of vinyl chloride and that are designed to release pressurized contents by the use of a manually operated valve that forms an integral part of the container.

24. [Deleted, SOR/93-235, s. 2]

25. [Deleted, SOR/2001-270, s. 4]

26. Liquids containing polychlorinated biphenyls for use in microscopy, including immersion oils but not including refractive index oils.

27. Kites that are, or contain any decorative or functional part or component that is, made of uninsulated metal that

(a) has a maximum linear dimension in excess of 150 mm (6 inches), or

(b) is plated or otherwise coated with a conductive film whose maximum linear dimension exceeds 150 mm (6 inches),

and that is separated from adjacent conductive areas by a non-conductive area of less than 50 mm (2 inches).

28. Products that are composed of or contain actinolite, amosite, anthophyllite, chrysolite, crocidolite, cummingtonite, tremolite or any other type of asbestos and that are

(a) for use by a child in learning or play and made in such a way that asbestos may become separated from the products;

(b) for use in modelling or sculpture;

(c) dry-wall joint cements or compounds or spackling or patching compounds that are

(i) for use in construction, repairs or renovations, and

(ii) made in such a way that airborne asbestos may become separated from the products during the preparation of the products, other than preparation at the manufacturing level, or during the application of the products or at any time thereafter up to and including the repair and removal of the products; or

(d) for use in simulating ashes or embers.

29. Candles that are designed in such a manner that, when lighted and subsequently extinguished by any means, they re-ignite spontaneously.

30. Products made in whole or in part of textile fibres, intended for use as wearing apparel, that are treated with or contain tris (2,3 dibromopropyl) phosphate as a single substance or as part of a chemical compound.

31. Any substance used to induce sneezing, whether or not called “sneezing powder”, that contains

(a) 3,3'-dimethoxybenzidine (4,4'-diamino-3,3'-dimethoxybiphenyl) or any of its salts;

(b) plant products derived from the genera Helleborus (hellebore), Veratrum album (white hellebore) or Quillaia (Panama Wood);

(c) protoveratrine or veratrine; or

(d) any isomer of nitrobenzaldehyde.

32. Cutting oils and cutting fluids, for use in lubricating and cooling the cutting area in machining operations, that contain more than 50 micrograms per gram of any nitrite, when monoethanolamine, diethanolamine or triethanolamine is also present.

33. Audible signal appliances, control units, smoke detectors and heat detectors for use in household fire alarm systems and smoke alarms for household use that do not meet the applicable requirements of ULC-S525-1978, Standard for Audible Signal Appliances for Fire Alarm Systems, ULC-S527-1978, Standard for Control Units for Fire Alarm Systems, ULC-S529-1978, Standard for Smoke Detectors for Fire Alarm Systems, ULC-S530-1978, Standard for Heat Actuated Fire Detectors for Fire Alarm Systems and ULC-S531-1978, Standard for Smoke Alarms, published by Underwriters’ Laboratories of Canada.

34. Urea Formaldehyde based thermal insulation, foamed in place, used to insulate buildings.

35. Devices for use in motor vehicles for the purpose of restraining infants, which devices do not meet the requirements of Schedule 4 to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations.

36. Any type of mechanism that

(a) resembles or is intended to resemble a bomb;

(b) is composed of a clock attached to or intended to be attached to an object that simulates an explosive, as defined in the Explosives Act; and

(c) is advertised, sold or imported as a consumer product.

37. Products, other than products included in items 16 and 28 of this Part, that are packaged as consumer products and that are composed of

(a) asbestos fibres, including actinolite, amosite, anthophyllite, chrysolite, crocidolite, cummingtonite and tremolite; or

(b) fibrous erionite.

38. [Deleted, SOR/2001-270, s. 5]

39. Lawn darts with elongated tips.

40. Asbestos products that are destined for application by spraying, other than products that are

(a) included in items 16, 28 and 37 of this Part; or

(b) a mixture of asbestos fibres and bituminous or resinous based binding materials where the fibres are encapsulated with the binder during spraying and the resulting materials are not friable after drying.

41. Cigarettes that, when tested in accordance with the method set out in the regulations, do not meet the requirements of the flammability standard set out in the regulations.

1. Chemical products as defined in the Consumer Chemicals and Containers Regulations, 2001.

2. Containers as defined in the Consumer Chemicals and Containers Regulations, 2001.

3. and 4. [Repealed, SOR/2001-270, s. 6]

4.1 [Repealed, 1997, c. 13, s. 63]

5. [Deleted, SOR/88-557, s. 2]

6. to 11. [Repealed, SOR/2001-270, s. 6]

12. Children’s jewellery as defined in the Children’s Jewellery Regulations.

13. Toys, equipment and other products for use by a child in learning or play that

(a) are packaged in flexible film bags;

(b) are operated electrically;

(c) are or are likely to be used by a child of less than three years of age and have a component that is separable;

(d) have exposed metal edges;

(e) have embedded in them a wire frame or structure;

(f) are made, in whole or in part, of plastic that would, on breaking, expose sharp edges;

(g) have exposed wooden surfaces, edges or corners;

(h) are made, in whole or in part, of glass;

(i) have fasteners used in their construction;

(j) have a folding mechanism, bracket or bracing;

(k) contain, as an integral part, a spring-wound driving mechanism capable of injuring a child’s finger, other than construction toys;

(l) contain a projectile component, other than a rocketry component, capable of causing a puncture wound;

(m) are so designed and constructed that they

(i) are large enough for a child to enter or be placed therein, and

(ii) can be closed by a lid or door;

(n) are stationary and intended to bear the weight of a child;

(o) contain a surface, part or substance that during reasonably foreseeable use will or may become heated;

(p) contain a toxic substance other than a toxic substance named in item 8 of Part I of this Schedule;

(q) contain a corrosive substance, irritant or sensitizer; or

(r) are or are likely to be used by a child of less than three years of age and are made of or contain any plastic material.

14. Dolls, plush (raised fibre) toys and soft toys that have

(a) a fastening in them to attach parts, clothing or ornamentation;

(b) any stuffing in them;

(c) eyes or a nose the greatest dimension of which is 32 mm (1 1/4 inches) or less;

(d) an outer covering consisting in whole or in part of a flat or raised fibre textile material or natural fur;

(e) exposed surfaces consisting in whole or in part of yarn of spun staple or bulked continuous filament form;

(f) hair or mane, or simulated hair or simulated mane, consisting of material other than yarn described in paragraph (e); or

(g) a squeaker, reed, valve or similar device.

15. Pull and push toys that have shaft-like handles that are 10 mm (3/8 inch) or less in diameter.

16. Toy steam engines.

17. Finger paints.

18. Rattles.

19. Elastics intended for attaching toys, equipment or other products for use by a child in learning or play across a baby carriage, crib or playpen.

20. Batteries for use in or with any toy, equipment or other product for use by a child in learning or play.

20.1 Glazed ceramics and glassware.

21. [Deleted, SOR/98-175, s. 2]

22. Science education sets and their replacement chemicals as defined in the Science Education Sets Regulations.

23. Matches.

24. Charcoal for use in domestic cooking or heating.

25. Standard cribs, portable cribs and cradles.

26. Playpens (play yards) for children.

27. Pacifiers and similar products for babies that are put in the mouth when used, except pacifiers described in item 14 of Part I of this schedule.

28. Kettles for household use that release lead into water boiled therein.

29. Carpets, carpeting (including carpet tiles), mats, matting and rugs (other than those that are one-of-a-kind, or Oriental rugs) that are made in whole or in part of textile fibres, that have not been treated with a fire retardant, and that when any sample thereof, consisting of 48 specimens measuring not less than 23 cm by 23 cm (approximately 9 inches by 9 inches) each, is tested in accordance with

(a) the normal sequential sampling plan set out in the Standard for Flammability of Soft Floor Coverings — Sampling Plans, being standard 4-GP-155 established by the Canadian Government Specifications Board, published in January, 1974, and

(b) method 27.6 of the Canadian Standard Textile Test Methods, being standard 4-GP-2 established by the Canadian Government Specifications Board, published in November, 1971,

the sample has a rate of flammability failure in excess of the rate permitted by standard 4-GP-155 for that sampling plan.

30. Carpets, carpeting (including carpet tiles), mats, matting and rugs (other than those that are one-of-a-kind, or Oriental rugs) that are made in whole or in part of textile fibres, that have been treated with a fire retardant, and that when any sample thereof, consisting of 48 specimens measuring not less than 23 cm by 23 cm (approximately 9 inches by 9 inches) each, is

(a) subjected to method 30.2 of the Canadian Standard Textile Test Methods, being standard 4-GP-2 established by the Canadian Government Specifications Board, published in November, 1971,

(b) tested in accordance with the normal sequential sampling plan set out in the Standard for Flammability of Soft Floor Coverings — Sampling Plans, being standard 4-GP-155 established by the Canadian Government Specifications Board, published in January, 1974, and

(c) tested in accordance with method 27.6 of the Canadian Standard Textile Test Methods, being standard 4-GP-2 established by the Canadian Government Specifications Board, published in November, 1971,

the sample has a rate of flammability failure in excess of the rate permitted by standard 4-GP-155 for that sampling plan.

31. Surface coating materials as defined in section 1 of the Surface Coating Materials Regulations.

31.1 Tents that are made in whole or in part of fabric or other pliable materials, including camping tents, play tents, ice-fishing tents and dining shelters but not including canopies, awnings, tarpaulins, tent trailers, air-supported structures or tents subject to the National Building Code of Canada, 1985, issued by the Associate Committee on the National Building Code, National Research Council of Canada.

32. Products intended, promoted or normally used for the purpose of being slept on that contain resilient material enclosed within a ticking, whether or not those products are commonly referred to as mattresses, other than

(a) mattress pads;

(b) sleeping bags;

(c) box springs and other mattress foundations and supports;

(d) parts of upholstered furniture that may be used for the purpose of being slept on that are not separate mattresses;

(e) infant product pads and crib mattresses; and

(f) one-of-a-kind prescription mattresses.

33. [Deleted, SOR/2001-270, s. 8]

34. Lighters intended for use for cigarettes, cigars and pipes.

35. Cellulose fibre for use as loose fill thermal insulation in indoor building construction.

36. Glass containers of a capacity of 1.5 L or more containing a non-alcoholic carbonated beverage.

37. Infant feeding bottle nipples and other similar products that, when used, are put in the mouth of an infant.

38.

39. Carriages and strollers for infants and children.

40. Children’s nightgowns, nightshirts, dressing gowns, bathrobes, housecoats, robes, pyjamas and baby-doll pyjamas in sizes up to and including 14X, other than

(a) those designed for use in a hospital;

(b) those designed for infants up to 7 kg;

(c) polo pyjamas; and

(d) sleepers.

41. Devices for restraining children in motor vehicles, other than seat belt assemblies for children that are sold, imported or advertised with motor vehicles as components thereof and replacements for such seat belt assemblies.

42. [Deleted, SOR/2001-270, s. 9]

43. [Repealed, SOR/2005-343, s. 2]

44. Products, other than products included in items 16, 28, 37 and 40 of Part I, that are composed of or contain crocidolite asbestos fibres.

45. Any device for use in a motor vehicle for the purpose of seating a child in an elevated position on a vehicle seat in order to adapt the adult seat belt assembly of the motor vehicle to the child.

46. Expansion gates and expandable enclosures for children.

R.S., 1985, c. H-3, Sch.; SOR/85-378, 587; SOR/86-164(F), 943; R.S., 1985, c. 24 (3rd Supp.), s. 2; SOR/87-441, 442, 444; R.S., 1985, c. 15 (4th Supp.), s. 9; SOR/88-113, 150, 261, 557, 558; 1989, c. 7, s. 2; SOR/89-256, 324, 441, 442, 447; SOR/90-38, 219, 246; SOR/93-235, s. 2; 1997, c. 13, s. 63; SOR/98-175; SOR/99-472; SOR/2001-270; SOR/2003-332; 2004, c. 9, s. 3; SOR/2004-46; Canada Gazette Part II, err.(F), Volume 138, page 969; SOR/2005-110, 133, 343.

Class A - Compressed Gas

Class B - Flammable and Combustible Material

Class C - Oxidizing Material

Class D - Poisonous and Infectious Material

Class E - Corrosive Material

Class F - Dangerously Reactive Material

R.S., 1985, c. 24 (3rd Supp.), s. 2.