Tents Regulations: SOR/2024-217

Canada Gazette, Part II, Volume 158, Number 24

Registration
SOR/2024-217 November 8, 2024

CANADA CONSUMER PRODUCT SAFETY ACT

P.C. 2024-1200 November 8, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, makes the annexed Tents Regulations under section 37^{footnote a} of the Canada Consumer Product Safety Act ^{footnote b}.

Tents Regulations

Interpretation

Definitions

1 (1) The following definitions apply in these Regulations.

components and accessories

means items that are intended to be used with a tent, such as side panels, curtains, footprints, flies and gear lofts, whether they are sold with the tent or separately, but does not include the following:

• (a) packaging such as bags for tents, poles or stakes;
• (b) threads, zippers, ropes, hook and loop fasteners and webbing;
• (c) labels and logos with a surface area of less than or equal to 1 000 cm², calculated in a manner set out in Annex A of the safety standard; and
• (d) fabric and other pliable material with a surface area less than or equal to 1 000 cm². (composants et accessoires)

safety standard

means the Canadian General Standards Board standard CAN/CGSB-182.1-2020, entitled Flammability and labelling requirements for tents, as amended from time to time. (norme de sécurité)

tent

means a structure that meets the following conditions:

• (a) it is portable;
• (b) it is intended to shelter persons from outdoor environmental elements such as precipitation, sun, wind or insects;
• (c) it is made, in whole or in part, of fabric or other pliable material;
• (d) it has a top;
• (e) it has at least one side that constrains egress; and
• (f) it is not subject to the National Building Code of Canada 2020, published by the Canadian Commission on Building and Fire Codes, National Research Council of Canada. (tente)

Reference in the safety standard

(2) For the purposes of these Regulations, a reference to “tent” in the safety standard has the same meaning as in subsection (1).

Specifications

Performance and testing requirements

2 (1) When tested in accordance with the safety standard, fabric and other pliable material of a tent or of its components and accessories must meet the requirements set out in section 5.2.1 of the safety standard.

Flooring materials

(2) When tested in accordance with the safety standard, flooring materials of a tent, as defined in section 4.3 of the safety standard, that do not meet the requirements set out in section 5.2.1 of that standard must meet the requirements set out in section 5.3.1 of that standard.

Labelling requirements

3 (1) A tent must meet the labelling requirements set out in section 6 of the safety standard.

Children’s tent

(2) For the purposes of this section, a reference to “children’s tent” in the safety standard means a tent that is intended to be used by a child under 14 years of age and that is not intended to be used with a cooking or heating device.

Appliance

(3) For the purposes of this section, a reference to “appliance” in the safety standard means a cooking or heating device.

Compliance period

4 Despite sections 2 and 3, a tent that meets a requirement referred to in those sections, as it read immediately before the day on which a new version of the safety standard is published, may continue to meet that requirement:

• (a) in the case of the manufacture or import of the tent, for a period of one year that begins on that day; and
• (b) in the case of the advertisement or sale of the tent, for a period of two years that begins on that day.

Consequential Amendments

Toys Regulations

5 (1) The definitions plush toy and soft toy in section 1 of the Toys Regulations ^{footnote 1} are replaced by the following:

plush toy

means a toy with a raised fibre surface, but does not include a toy intended to be entered by a child. (jouet en peluche)

soft toy

includes a toy that is stuffed or made of pliable rubber or pliable plastic, but does not include a toy intended to be entered by a child. (jouet mou)

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

toy intended to be entered by a child

means a toy that is constructed, in whole or in part, from fabric or other pliable material and that is intended to fully or almost fully enclose a child. (jouet conçu pour qu’un enfant puisse y entrer)

6 The headings before section 45 and sections 45 to 47 are replaced by the following:

Toys Intended to be Entered by a Child

Exception

45 Sections 46 and 47 do not apply to a tent as defined in subsection 1(1) of the Tents Regulations.

Requirements and testing

46 (1) A toy intended to be entered by a child must be tested in accordance with subclauses 5.1 and 5.4 of the the International Organization for Standardization, standard ISO 8124–2 entitled Safety of toys — Part 2: Flammability, as amended from time to time, and meet the requirements set out in subclause 4.4 of that standard, excluding the requirement that the toy and its packaging be permanently marked with a statement if the rate of the spread of the flame of the test sample is from 10 mm/s to 30 mm/s.

Compliance period

(2) Despite subsection (1), a toy intended to be entered by a child that meets a requirement referred to in that subsection, as it read immediately before the day on which a new version of standard ISO 8124-2 is published, may continue to meet that requirement:

• (a) in the case of the manufacture or import of the toy intended to be entered by a child, for a period of 180 days that begins on that day; and
• (b) in the case of the advertisement or sale of the toy intended to be entered by a child, for a period of 365 days that begins on that day.

Warning

47 (1) The outer surface of a toy intended to be entered by a child must have a permanent label containing the following warning or its equivalent, in bold upper-case letters at least 3 mm in height and in both official languages: “WARNING: KEEP AWAY FROM HEAT AND OPEN FLAME / MISE EN GARDE : TENIR LOIN DES SOURCES DE CHALEUR ET DES FLAMMES NUES”.

Alert symbol

(2) The permanent label must contain the following alert symbol, at least 6 mm in height, immediately before the warning:

Additional requirement

(3) The warning and the alert symbol must be affixed to the toy intended to be entered by a child in such a manner that they are legible and clearly visible throughout the life of the toy.

Textile Flammability Regulations

7 Paragraph 2(b) of the Textile Flammability Regulations ^{footnote 2} is replaced by the following:

• (b) dolls, plush toys, soft toys and toys intended to be entered by a child;

Transitional Provision

Consumer products deemed to meet applicable requirements

8 A consumer product referred to in the Tents Regulations or the Toys Regulations, as those Regulations read immediately before the day on which these Regulations come into force, that, immediately before that day, met the applicable requirements for that consumer product is deemed to meet the applicable requirements for that consumer product under these Regulations for a period of two years, beginning on the day on which this section comes into force.

Repeal

9 The Tents Regulations ^{footnote 3} are repealed.

Coming into Force

Publication

10 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

The Tents Regulations under the CCPSA help address a number of issues in the former Regulations. The issues included an outdated reference and methodology used to assess flammability performance in modern tent materials, leading to potential reliance on flame retardant chemicals to meet compliance. Children’s play tents, including those that are used indoors, were also subject to the former Regulations and had to meet the same flammability performance requirements as a tent, which again may have resulted in flame retardant chemical use. Exposure to certain flame retardants may result in adverse human health effects.

Outdated performance criteria

The former Regulations set out requirements for fire-safety labelling and flammability performance requirements for all pliable materials of the tent. The former Regulations incorporated by reference specific sections of the standard CPAI-84 (1995), A Specification for Flame-Resistant Materials Used in Camping Tentage, published by the Industrial Fabrics Association International, formerly the Canvas Products Association International (CPAI-84). The CPAI-84 was originally published in 1972 and tents were typically made of paraffin-coated (waxed) cotton canvas at the time. Certain flammability criteria, such as flaming debris and after-flame time, were incorporated from CPAI-84 into the former Regulations and were never updated. The performance requirements in CPAI-84 were less suited to address the flammability risks for the types of tent materials sold in the market today, which are mostly synthetic, lightweight, and have different burning properties. As a result, the former Regulations inhibited industry from developing and using tent materials that would likely be deemed safe from a risk perspective, but could not meet the requirements in the former Regulations.

Additionally, the former Regulations referenced a static version of CPAI-84, which had been replaced by the ASTM F3431-20, entitled Standard Specification for Determining Flammability of Materials for Recreational Camping Tents and Warning Labels for Associated Hazards, published by ASTM International (ASTM F3431-20). The ASTM standard underwent minor revisions in 2021, and hereafter is referred to as the ASTM F3431-21.

Flame retardant chemicals

Flame retardants are composed of various types of chemicals, and these chemicals have received greater attention recently due to their use in household products and health and environmental concerns. Tent manufacturers may have commonly applied flame retardant chemicals on tent materials in order to comply with the flammability performance requirements in the former Regulations, as the performance criteria in CPAI-84 may not be suited for materials used in tents today. Human exposure to some flame retardant chemicals has been associated with adverse health effects. Studies by Duke University^{footnote 4,footnote 5} found that handling a tent treated with a flame retardant chemical resulted in dermal exposure, and inhalation exposure to the flame retardant chemical is likely to occur while a person is inside a tent that has materials treated with flame retardant chemicals. A number of stakeholders have expressed concerns to Health Canada about the use of flame retardant chemicals on tents for the purpose of meeting the flammability performance requirements of the former Regulations. Since children’s play tents were also required to meet the flammability performance requirements in the former Regulations, it was anticipated these products were also treated with flame retardant chemicals.^{footnote 6}

Children’s play tents

Play tents were subject to the former Regulations since they were included in the definition of a tent. However, some play tents, such as play tunnels, may not have clearly been in scope despite posing similar hazards. Conversely, the primary use of certain play tents may be indoors — a characteristic not shared with other items listed in the previous definition of a tent (e.g. camping tents, dining shelters and ice-fishing tents) since they are primarily intended for outdoor use.

The scope of the CGSB standard only includes children’s play tents that resemble a camping tent or other shelter and are intended for use outdoors. Therefore, flammability performance and fire-safety labelling requirements for certain children’s play tents are now established in the amended Toys Regulations under the CCPSA. Without these amendments, these play tents would have been subject to the minimum flammability performance requirements for textile products in the Textile Flammability Regulations, which may not have been sufficiently protective of children and do not require any fire-safety labelling.

Background

The Hazardous Products (Tents) Regulations were enacted under the Hazardous Products Act on January 21, 1988, to help protect people in Canada from injuries and deaths caused by tent fires. Tents made of textile material can burn when exposed to an open flame or other ignition sources. Occupants are confined in a relatively small space with limited exit points, so in the event of a fire, occupants may have difficulty exiting the tent, creating the potential for smoke inhalation, burn injuries or death. In addition, the flammability hazard associated with tents may not be readily apparent to some people, and there is potential for product misuse given that they are often used close to an open flame or other ignition sources. Between 1972 and 1987, the Government of Canada received reports of 164 camping tent fires that resulted in 32 deaths and 40 injuries, more than half of which involved children. At that time, tents were typically made of paraffin-coated (waxed) cotton canvas, and some could burn completely in under a minute.

In 2011, the Hazardous Products (Tents) Regulations were transferred from the Hazardous Products Act to the CCPSA when Part I and Schedule I to the Hazardous Products Act were repealed and replaced with the CCPSA. In 2016, the Hazardous Products (Tents) Regulations were repealed and replaced with the former Regulations. At that time, non-substantive changes were made to the regulation, including changing the scope of application of the regulation to be consistent with the authorities set out in the CCPSA.

A tent was defined in the former Regulations as “a portable shelter made of fabric or other pliable material, such as a camping tent, an ice-fishing tent or a dining shelter, and includes a play tent, but excludes a tent subject to the National Building Code of Canada, 2010, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, a canopy, an awning, a tarpaulin, a tent trailer and an air-supported structure.” Children’s play tents that were subject to the requirements under the former Regulations were also subject to other regulations under the CCPSA, such as the Toys Regulations. The former Regulations specified fire-safety labelling and flammability performance requirements for tents and incorporated a static reference to specific sections of the 1995 edition of the CPAI-84 standard. The static reference in the former Regulations meant that any evolution of the referenced standard, for example, to address the flammability characteristics of new tent materials, would not be reflected in the regulation.

The Textile Flammability Regulations apply to consumer products within the scope of the CCPSA that are textile products or bedding, but exclude certain products if there are flammability performance requirements set out in other regulations under the CCPSA for them. For example, tents, as defined under the former Regulations, were excluded from the scope of the Textile Flammability Regulations.

Health Canada’s consumer product compliance verification projects target products suspected of non-compliance and, as such, project results do not reflect overall market compliance rates. Nevertheless, the compliance rates for tents over multiple project years have been low. To help regulated parties understand the requirements of the former Regulations, Health Canada published an industry guide on the departmental website in 2009, prior to the 2010–2011 compliance verification project, and a webinar was presented to industry and testing laboratories in early 2013, prior to the 2013–2014 compliance verification project. Despite the education and information provided to regulated parties and other stakeholders, the compliance rates for tents did not improve. There are multiple reasons for the compliance failures observed in the 2013–2014 project, most notably, that certain tent components failed flammability performance requirements, such as having after-flame times longer than permitted by the former Regulations. Non-compliant products were subject to various enforcement actions, such as voluntary recalls, stop sales, stop distributions and trader commitments.

In 2013, Health Canada completed an internal process to proactively review the regulations under the CCPSA and the Cosmetic Regulations under the Food and Drugs Act. The review process considered the regulatory environment at the time and assessed regulatory options for identified issues. The review also aligned with the Government of Canada’s regulatory reform initiatives to address health and safety considerations while reducing unnecessary regulatory burden on industry and improving alignment of requirements with major trading partners. The review of the former Regulations recommended substantive changes that included improving the test methodology.

In 2013, in order to move forward with the recommendation, the Department asked the Canadian General Standards Board to put together a committee (the CGSB committee) for the development of a new National Standard of Canada for tent flammability and fire-safety labelling. The Board is accredited by the Standards Council of Canada as a standards-development organization. Standards developed by the Board are based upon Canadian context and harmonization with national or international standards. The development of standards follows a consensus process involving a broad range of stakeholders. The CGSB standard was developed through the cooperation of representatives from the following categories:

• producer (six businesses and one industry association);
• regulatory (Health Canada);
• user (Health Canada Product Safety Laboratory, five testing laboratories, one consultant for consumer interests and one consumers’ association);
• academia (one university); and
• general interest category (two consultants).

The CGSB standard was finalized and made publicly available on the Government of Canada Publications website in April 2020 and entitled CAN/CGSB-182.1-2020, Flammability and labelling requirements for tents.

An anticipated additional benefit of the development of the CGSB standard was that the new standard would help eliminate or greatly reduce the use of flame retardant chemicals on tents. The development of the CGSB standard was supported by testing conducted by Health Canada on a variety of tent materials, including flame retardant treated and untreated fabrics, supplied by industry representatives in the CGSB committee. While testing was limited to the samples provided, the test data indicated that most untreated fabrics were able to pass the performance criteria. In Health Canada’s opinion, most tent products could meet the flammability performance provisions of the CGSB standard without reliance on the use of flame retardant chemicals.

Although a tent that meets the flammability performance requirements helps to mitigate the flammability hazards, tents are not fireproof. A tent can catch on fire from contact with an open flame or other ignition sources, such as a camp fire (and sparks or embers from the fire), barbeque, fuel-powered lantern, firepot, stove, heater, candle or cigarette. Data on fire incidents was collected from a variety of databases and sources, including the Department’s internal databases on incidents, the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), and various provincial and territorial Office of the Fire Marshal or Office of the Fire Commissioner. Narratives from CHIRPP incidents indicate that tents caught on fire with serious burn injuries reported in several cases. For example, one incident reported the person went to sleep and the camp stove caught on fire and burnt the tent and occupant. The provincial and territorial data from the Office of the Fire Marshal or Office of the Fire Commissioner suggest that fire events can occur in Canada within these product categories. The information from the various databases highlights that tent fires can occur, and may lead to injuries or death. A further breakdown on fire-related events can be found in the benefits section under “Regulatory analysis.”

Objective

The primary policy objective of the Tents Regulations is to help maintain health and safety protections for people in Canada from the hazards posed by tent fires, while improving upon the test methodology used to assess tent flammability performance. The Tents Regulations also help to reduce the need for the use of flame retardant chemicals in tent materials.

In addition, the Regulations help maintain health and safety protections for children from flammability hazards posed by certain children’s play tents through appropriate fire-safety labelling and flammability performance requirements in the amended Toys Regulations.

Description

Updated fire-safety labelling and flammability performance requirements

The Tents Regulations replace the fire-safety labelling and flammability performance requirements in the former Regulations with the requirements set out in the CGSB standard using an ambulatory incorporation by reference. The ambulatory incorporation by reference to the CGSB standard ensures that the Tents Regulations remain up to date when a final amended version of the standard introduces changes to relevant sections. The requirements of the CGSB standard address the flammability hazards of the types of materials used in tents today. Compared to the previously referenced CPAI-84 standard, the CGSB standard utilizes a balanced approach to assess the flammability performance of tents, allowing mass loss as a performance criteria, incorporating revised criteria for flaming debris, and eliminating the after-flame time requirements. With these changes, the Tents Regulations will reduce or eliminate the need for flame retardant chemicals in tent products. Additionally, the equipment utilized for testing of tents under the former Regulations can continue to be used to assess compliance with the CGSB standard referenced in the Tents Regulations, which may reduce cost impacts. Similar to the procedures set out in the former Regulations, the CGSB standard requires specimens to be prepared and tested under three test conditions (as received, after leaching and after weathering). Lastly, the Tents Regulations maintain oversight of products such as dining shelters that share similar hazards to those as tents.

Children’s tents that provide shelter outdoors, such as youth camping tents, youth sun shelters and play tents that resemble a camping tent, are subject to the fire-safety labelling and flammability performance requirements in the Tents Regulations. However, children’s play tents that do not provide outdoor shelter are now within the scope of the amended Toys Regulations.

Toys intended to be entered by a child in the amended Toys Regulations

Health Canada has amended the Toys Regulations to maintain appropriate regulatory oversight of flammability hazards and fire-safety labelling for play tents intended for use by children under 14 years of age.

The amended Toys Regulations set out fire-safety labelling and flammability performance requirements for play tents and define them as a “toy intended to be entered by a child.” This term aligns with the definition of play tents set out in the international standard ISO 8124-2, Safety of toys — Part 2: Flammability (the ISO toy standard). The definition encompasses toys such as play tunnels, teepees and bed tents that share similar characteristics to a play tent and provide partial to full enclosure; however, it does not include toys such as children’s costumes that are worn on the body. It is anticipated that play tents will have a reduced need for flame retardant chemicals in order to comply with the updated performance requirements.

The amended Toys Regulations require that a toy intended to be entered by a child must meet the flammability performance requirements in the ISO toy standard. An ambulatory incorporation by reference to the ISO toy standard ensures that this requirement in the amended Toys Regulations remains up to date when a final amended version of the standard introduces changes to relevant clauses. Fire-safety labelling requirements are also included in the amended Toys Regulations in order to alert caregivers to keep toys intended to be entered by a child away from sources of heat or open flames.

Note that toys intended to be entered by a child that provide shelter outdoors and that meet the definition of a tent under the Tents Regulations are subject to the fire-safety labelling and flammability performance requirements for a tent in the Tents Regulations instead of the requirements in the amended Toys Regulations.

Consequential amendments have been made to the Textile Flammability Regulations to exclude products within the scope of the amended Toys Regulations.

Ambulatory incorporation by reference

Both the Tents Regulations and the amended Toys Regulations make use of ambulatory incorporation by reference (to the CGSB standard and the ISO toy standard, respectively). Incorporation by reference is a term used to describe a mechanism which allows a document or list that is not in the text of the regulations to be made a part of the regulations. Ambulatory incorporation by reference means that a document, as it is updated, immediately becomes part of the regulations without going through the customary regulatory approval process. Unlike static references, ambulatory references do not need to mention a specific version or date of issue of the document. Additionally, for static references, when the referenced document is updated, the changes are not automatically reflected in the regulations. This was the case for the former Regulations which referenced a static version of the CPAI-84.

Health Canada’s Incorporation by Reference Policy describes guiding principles and steps to be taken when documents are incorporated on an ambulatory basis into a regulation. Health Canada considers that the incorporation of the CGSB standard and the ISO toy standard meets the principles outlined in the policy. As both the CGSB standard and ISO toy standard undergo periodic review and update, any resulting changes in a final amended version of either standard will automatically apply in the respective regulations and enhance safety over time. When either the CGSB standard or the ISO toy standard is updated, compliance periods are provided in the respective regulations so that regulated parties have time to adjust their design, production, inventories and testing to the new requirements. Developmental work on ISO standards, including future changes to the ISO toy standard, can be found on the standards web page, and information on CGSB standards can be found on the Notification of Standardization Activities web page.

Coming into force

The Regulations come into force on the date on which they are published in the Canada Gazette, Part II. A transitional period of two years following the date on which the Regulations come into force allows industry to deplete existing stock that complied with the applicable requirements of either the former Regulations or the previous Toys Regulations prior to when the Regulations came into force.

Compliance period

The Tents Regulations authorize a compliance period whenever the CGSB standard is updated as a final amended standard. The compliance period for the CGSB standard allows

• one year during which manufacturers and importers must meet either the final amended standard or the standard as it was written the day before it was amended; and
• two years during which advertisers and sellers must meet either the final amended standard or the standard as it was written on the day before it was amended.

The amended Toys Regulations also authorize a compliance period whenever the ISO toy standard is updated as a final amended standard. A longer compliance period is set out for the CGSB standard compared to the ISO toy standard due to the lengthier supply chain for tent production and the seasonal nature of tent product demand in Canada.

The compliance period for the ISO toy standard allows

• 180 days during which manufacturers and importers must meet either the final amended standard or the standard as it was written the day before it was amended; and
• one year during which advertisers and sellers must meet either the final amended standard or the standard as it was written on the day before it was amended.

Regulatory development

Consultation

Health Canada conducted the following consultation activities to obtain early feedback from people in Canada and other impacted stakeholders on the policy elements of the proposal in addition to comments received during the prepublication in the Canada Gazette, Part I. Health Canada took into account the combined findings to develop and publish the Tents Regulations in the Canada Gazette, Part II.

Pre-consultation

A notice regarding the proposed amendment of the now-former Regulations was published on the Government of Canada’s website in January 2019, and stakeholders were also invited to participate in the CGSB’s public consultation on the draft CGSB standard. Comments on the proposal were received from seven stakeholders, including three industry members, two industry associations, one supplier of tent materials to Indigenous communities and one testing laboratory. The stakeholders were generally supportive of the proposal to replace the fire-safety labelling and flammability performance requirements in the former Regulations with those in the CGSB standard. One tent retailer and one tent association group expressed support to use the CGSB standard instead of relying upon requirements in the former Regulations, but preferred a voluntary approach. Respondents were also supportive of the proposal to amend the Toys Regulations such that they would regulate the requirements for fire-safety labelling and flammability performance of play tents for indoor use only and of play tents that do not provide outdoor shelter.

On April 22, 2020, the Health Canada informed stakeholders by email that the CGSB standard was published and available online, and that the Department was working on the proposal to replace the existing requirements in the former Regulations with the requirements from the CGSB standard. The Department had received multiple enquiries on the progression and status of the regulatory proposal since 2020. Information about this regulatory proposal has been listed on the Department Forward Regulatory Plan since 2021.

Costing survey

Health Canada hired a third-party contractor, Cheminfo Services Inc. of Markham, Ontario, to seek additional input from key industry stakeholders between July and December 2021, to support the development of the proposal and the analysis of benefits and costs. In total, 15 responses to a costing survey were received (5 tent manufacturers, one play tent manufacturer, 5 tent importers or retailers, and 4 play tent importers and retailers). Written responses were also received from 2 companies. Key associations, including the Outdoor Industry Association (OIA), the Canadian Toy Association (CTA) and the Canadian Textile Industry Association (CTIA), were also contacted. These associations were encouraged to share the costing survey with their members. The CTA provided a written response, reiterating their position from the 2019 consultation — that they are supportive of the requirements for play tents to be aligned with the ISO toy standard. The OIA shared the costing survey with its Flame Retardants Cohort and one member (a tent manufacturer) responded to the costing survey. One testing laboratory involved on the CGSB committee was also contacted. No information was received from the testing laboratory. Input from stakeholders, received through the costing survey, is summarized in the benefits and costs section below.

Prepublication in the Canada Gazette, Part I

The proposed Regulations were prepublished in the Canada Gazette, Part I, on June 17, 2023, followed by a 70-day comment period.

Stakeholders consulted on the regulatory proposal included

• businesses that manufacture, import, advertise, or sell tents;
• laboratories that test tents;
• public interest groups that focus on public health, particularly that of vulnerable populations;
• members of the public; and
• other interested parties.

A number of mechanisms were used to inform stakeholders of the prepublication and to invite them to submit comments on the proposal:

• On June 19, 2023, text was added to the Government of Canada’s “Health-related consultations” web page, in English and French, with a brief description of the proposed Regulations, a link to the prepublication and a request for comments.
• On June 19, 2023, a link was added to the Government of Canada’s “Consulting with Canadians” web page, in English and French.
• On June 19, 2023, a link was added to the Government of Canada’s “Consumer products and cosmetics” web page, in English and French.
• On June 19, 2023, a bilingual message was sent by email. The message informed recipients of the proposed Regulations and the instructions for submitting comments. Recipients were encouraged to forward the email to other interested parties. A follow-up reminder message was sent on August 10, 2023. The original and reminder messages were sent to
  • approximately 1 728 subscribers of the Health Canada’s CCPSA News; and
  • 325 targeted stakeholders (industry associations, industry members, laboratories, firefighter organizations, Indigenous peoples’ organizations and international partners).
• On June 19, 2023, a bilingual message was sent by email to approximately 3 575 subscribers of the Consultation and Stakeholder Information Management System, providing a link to the prepublication.
• On June 20, 2023, Global Affairs Canada issued a notification, in English and French, of the proposed Regulations according to the standard procedures for notification of the World Trade Organization Technical Barriers to Trade Committee.

A total of 14 stakeholders provided 58 comments during the consultation, and these comments are accessible online in the Canada Gazette, Part I, prepublication commenting platform. The comments were reviewed by Health Canada and taken into consideration for the finalization of the Regulations.

Summary of comments received on the Canada Gazette, Part I, prepublication

Comments related to definitions

Health Canada considered a comment to align with the definition of a tent set out in the ASTM F3431-21. However, alignment with elements of the ASTM F3431-21 would have reduced the number of products within scope and oversight of the Tents Regulations. Tent products come in a wide range of shapes and sizes in the marketplace and the number of sides that constrain egress will vary dependent on each product. For example, a square canopy that has three wall sides can restrict egress even though it is not fully enclosed to the ground on all four sides. Additionally, structural elements that create a controlled method of egress, such as doors, may not be present on certain tent products such as gazebos or canopies. The former Regulations explicitly captured dining shelters, which included gazebos, in the definition of a tent. As such, the definition in the Tents Regulations continues to maintain flammability protection for a wide range of structures, including dining shelters, as outlined in the scope of the CGSB standard.

A comment requesting the addition of a weight limit to clarify the understanding of the term “portable” in the tent definition was received but not adopted. As previously noted, tents, including gazebos and canopies, come in a variety of shapes and sizes and, therefore, it is difficult to define specific weight criteria that would ensure all appropriate tent structures are captured within the scope of the Tents Regulations. The term “portable” in the definition refers to the notion that the tent can be readily assembled and disassembled, and moved from one site to another. Tents that are difficult to disassemble, such as a gazebo that has been anchored into the ground using concrete screws, are generally not considered readily portable; however, seasonal gazebos, for example, those that are intended to be used during the summer and stored away during the winter, are considered portable.

One stakeholder proposed that the definition of a tent should be revised to explicitly consider prescription-based tents for the needs of individuals experiencing homelessness, who might require specific shelter conditions for accommodating medical equipment or mobility aids. It is Health Canada’s view that no such revision is required. The definition of a tent identifies characteristics of products that are in the scope of the Tents Regulations. Tents can be used by all people in Canada, and the Tents Regulations do not prescribe a space limitation, nor do they restrict the use of medical equipment or mobility aids within a tent. A medically prescribed tent would fall outside the scope of the CCPSA if its purpose is to mitigate or prevent a disease, disorder or abnormal physical state, or any of their symptoms in individuals.

Health Canada received two comments on the definition of components and accessories. The definition of components and accessories in the Tents Regulations excludes certain items from its scope because they are not practical for testing. One stakeholder suggested that the size of fabric or other pliable material excluded from the definition be calculated using the same Annex A guidance from the CGSB standard for determining the surface area of logos. However, the Annex A guidance is not appropriate since it clarifies how to calculate the surface area of logo shapes and how the degree of separation between adjacent logos is considered in the calculation. For fabrics and other pliable materials, the surface area is based upon a length by width measurement, as outlined in the scope of the CGSB standard. The second comment on the definition of components and accessories noted that the exclusions should be removed since these items may contain harmful chemicals. The exclusion is not based on chemical composition. These items are excluded as they are not appropriate for flammability testing.

Comments related to specifications

Health Canada received a comment to revise a table found in the CGSB standard with respect to the mass loss criteria. Health Canada has shared this comment with the CGSB since revisions to the CGSB standard and its criteria would be undertaken through a consensus process by the CGSB committee in future reviews. Any revisions captured in a final amended version of the CGSB standard automatically apply in the Tents Regulations via the ambulatory incorporation by reference.

Health Canada also received a comment asking if uses of lighting sources, such as a propane or oil lamp, were considered with respect to the labelling requirements for a children’s tent in the Tents Regulations. In the CGSB standard, the fire-safety warning label addresses risks posed by ignition sources by requiring all tents, including children’s tents, to carry a warning label to keep away all flame and heat sources. Additional precautions are required for tents, including children’s tents, designed or intended to be used with an appliance. Health Canada will recommend that the CGSB committee consider additional precautions for children’s tents that are not designed or intended to be used with an appliance during a future update of the CGSB standard.

One stakeholder noted that children’s tents should not be excluded from the Tents Regulations, as this will lead to inadequate oversight and sickness in children, and that the most stringent standards should be in place for toys intended to be entered by a child. For clarity, children’s tents remain subject to the flammability requirements as a tent under the Tents Regulations. Only children’s play tents, where they do not provide outdoor shelter, are now regulated under the amended Toys Regulations as a toy intended to be entered by a child. The amended Toys Regulations provide an appropriate level of oversight given the risk profile for a toy intended to be entered by a child is different than a children’s tent.

One stakeholder commented that they do not want animals involved in product safety testing, including testing of flame retardant chemicals and other chemical additives. The Tents Regulations specify flammability performance and fire-safety labelling requirements for tents. None of the requirements involve testing of chemicals on animals.

A comment was received jointly from two association groups about concerns on misalignment with the ISO toy standard for the fire-safety labelling in the amended Toys Regulations for a toy intended to be entered by a child. The ISO toy standard label is not required if the rate of flame spread is low. Health Canada did not consider the labelling approach in the ISO toy standard to be sufficiently protective or informative. In Canada, for example, portable electric heaters are used as a supplemental heat source in household environments and can pose a risk of fire. The fire-safety labelling in the amended Toys Regulations for toys intended to be entered by a child provides clear and direct information to caregivers and includes an alert symbol to draw attention to the caregiver. Further, the required warning text raises awareness of a variety of ignition sources, such as a portable electric heater, that could result in a fire with the product.

Another commenter conveyed that the label requirement for toys intended to be entered by a child is not sufficient and suggested that it presents information on potential health risks associated with the materials used, such as flame retardants. Health Canada notes the current label focuses on and addresses fire-safety elements to inform and remind caregivers to keep these products away from ignition sources. Additionally, the use of flame retardant chemicals is expected to be reduced or eliminated since the flammability performance requirements in the amended Toys Regulations are different than those in the former Regulations. Health Canada has published guidance through a Notice to stakeholders on the voluntary disclosure of the use of flame retardant chemicals in consumer products. Health Canada encourages Canadian manufacturers, importers, advertisers and sellers to voluntarily disclose the chemicals used in the consumer products they supply in Canada, including any flame retardant chemicals, when requested by individuals, including distributors, retailers or the public.

Comments related to the policy objectives of the Tents Regulations

Multiple stakeholders supported amending the former Regulations, as the flammability performance and fire-safety labelling requirements were outdated and a change from the status quo was necessary.

A strong impetus to change from the status quo involved consideration of the use of flame retardant chemicals in tents due to outdated flammability performance requirements in the former Regulations. Some stakeholders expressed concerns with exposure to flame retardant chemicals, including for retail and factory workers, in addition to environmental impacts. One retailer for outdoor equipment products noted that flame retardant chemicals impact the durability and quality of tents, and their loss of opportunity to purchase and import tents since the CPAI-84 standard referenced from the former Regulations led to the use of flame retardant chemicals to achieve compliance. One manufacturer commented that they strongly support updating the former Regulations to remove the necessity to add flame retardant chemicals to camping tents. An international association representing firefighters acknowledged the need to prevent tent fires and the importance of understanding the health impacts of flame retardant chemicals in order to appropriately balance both health risks. One commenter suggested a comprehensive approach to banning and restricting harmful substances such as flame retardants. Additionally, several stakeholders expressed the need for more research on the human and environmental health impacts of these chemicals.

Health Canada supports the reduced reliance on flame retardant chemicals to meet flammability performance requirement for tents. The Tents Regulations help achieve this objective by updating the outdated requirements found in the former Regulations, which had a static reference to the CPAI-84 standard. This change will reduce or eliminate the use of flame retardant chemicals in tent products. Health Canada will continue to encourage regulated parties to disclose chemicals used in the consumer products they supply in Canada, including any flame retardant chemicals. The Government of Canada continues to assess flame retardant chemicals through the Chemicals Management Plan (CMP) and will take risk management action should risks to human health or the environment be identified. Information about the work relating to flame retardant chemicals under the CMP can be found on the Flame retardants information sheet.

Comments related to test data with respect to the CGSB standard

Some stakeholders, such as a non-government organization (NGO) and an industry association, while acknowledging the Tents Regulations are an improvement, identified concerns with the CGSB standard. These stakeholders viewed the flammability testing during CGSB standard development on light or midweight materials as too limited. The stakeholders also raised concern that the CGSB standard may contribute to the continued use of flame retardant chemicals and suggested that there was a flaw in the CGSB standard. Finally, the stakeholders recommended the delay of the regulatory project in order to evaluate the United States Consumer Product Safety Commission (CPSC) tent flammability data that was published in August 2023. Both the NGO and industry association recommended exemptions from the Tents Regulations for most modern synthetic tents (by weight, material, or both), and identified the heat release rates as a factor for the rationale, in addition to claims of low frequency of incidents.

CGSB standard development test data

It is Health Canada’s view that the statement that testing for the CGSB standard was limited is inaccurate, as a total of 26 tent materials were tested, all of which were selected and provided by producer members on the CGSB committee who developed the standard. The materials were representative of the range of tentage materials on the market at the time. For the 26 materials, their weights ranged from 24.2 g/m² to 40.1 g/m² for 3 mesh materials, 38.3 g/m² to 95.3 g/m² for 10 lighter weight materials, and 101.5 g/m² to 371.2 g/m² for the remaining 13 midweight to heavyweight materials. These test materials were comprised of various fibre contents (e.g. nylon, polyester, polyethylene and cotton); they had various treatments applied (e.g. silicone and polyurethane); and they had either a flame retardant treatment or not. Therefore, a range of modern tent materials and material weights and treatments were assessed as part of the developmental work for the CGSB standard.

For these 26 materials, Health Canada’s Product Safety Laboratory conducted a total of 1 830 separate tests of wall, top and flooring tent materials. The testing was conducted in three progressive phases that included assessing the merits of relevant standards and their flammability performance criteria. In particular, samples underwent weathering and leaching during the second phase, while the last phase evaluated and compared flame retardant treated and untreated fabric samples.

In conclusion, the testing conducted for the development of the CGSB standard was not limited in the number or variety of materials, nor in the assessment of relevant standards and testing approaches. Instead, the development work provided a valuable data set that was instrumental in establishing, through a consensus-based approach, the flammability test procedures and performance criteria that were eventually published in the CGSB standard.

With respect to an alleged flaw in the CGSB standard, some stakeholders raised a concern with the test criteria for mass loss, as they were unsure of the meaning of the “n/a” and whether this could be interpreted as a pass. Health Canada clarifies that, for material mass per area greater than 340 g/m², only the damage length criteria applies. Therefore, if the material with a mass per area greater than 340 g/m² fails the damage length criteria, then mass loss is not evaluated (and therefore “n/a”), regardless of flaming debris performance. Health Canada has proposed a change to add context for “n/a” in the mass loss criteria during the development of the next version of the CGSB standard.

CPSC test flammability data

The CPSC testing of tent flammability emerged as a result of the ASTM F3431-20. In the ASTM F3431-20, tent products that are not intended for use with an appliance do not have specific flammability performance requirements and only have a warning label requirement. Conversely, in CPAI-84, all tents were within scope of the flammability performance testing. CPSC staff noted in their final report published August 2023, the Camping Tent Flammability Testing Report^{footnote 7}(the CPSC Report), that “this is a step backward for safety.” In 2021, ASTM formed a Task Group under their Subcommittee F08.22 on Camping Softgoods to review test methods and technical data to help support an objective method for evaluating the flammability of tent materials, with testing conducted by CPSC staff.

Subsequently, the CPSC staff tested 67 different tent fabric samples and 15 full-scale tent samples. The 67 fabric samples were tested to a modified 16 CFR 1610 test with various flame application times, a modified CAN/CGSB-182.1-2020 test in the “as received” condition and bomb calorimetry. The modification to the CAN/CGSB-182.1-2020 test involved minor differences in apparatus; however, CPSC staff estimated these differences were negligible on the test results. Full-scale flammability testing was conducted for the 15 tent samples.

Health Canada examined the CPSC test data and noted the following findings:

• The CPSC conducted full scale testing on high risk materials such as non-flame retardant treated cotton. Tents comprised of these cotton materials burned rapidly, burning completely in under 2 or 6 minutes; however, these materials were not identified as a flammability hazard when tested to the modified 16 CFR 1610 (a similar conclusion was found by the CGSB committee when assessing the comparable CAN/CGSB-4.2 No. 27.5 test method). In contrast, the modified CAN/CGSB-182.1-2020 testing accurately identified these materials as high-risk because they failed the CGSB standard criteria.
• Additionally, a non-flame retardant treated lightweight nylon tent (Sample ID: 1102) underwent full scale testing. CPSC staff observed that the sides burned almost completely in 6 minutes and 20 seconds, with the tent floor still on fire. This tent showed a low heat release rate, which may suggest a safer tent; however, the rapid burning compared to other synthetic materials suggests this material may be of higher risk. This fabric failed to meet the mass loss and damage length criteria of the CGSB standard, which supports the CGSB standard as effective in failing potentially higher-risk materials.
• The CPSC staff evaluated a few identical tents, where one tent was treated with flame retardant chemicals while the other tent had no treatment. Like the treated fabric samples, the CPSC data show that non-treated relatively lightweight tent fabrics from a polyester tent (Sample ID 1039-1) and a nylon tent (Sample ID: 1045-1) were able to readily pass the CGSB standard requirements. This data supports the position that the use of flame retardant treatments are not necessary to meet the CGSB standard.
• In the CPSC data, 21 different fabric samples under 50 g/m² were tested to the modified CAN/CGSB-182.1-2020. Excluding those materials that were treated with flame retardants and one sample with unknown treatment, 12 non-treated samples remained: 9 samples passed (75%) the modified CAN/CGSB-182.1-2020. These results provide evidence that non-flame retardant treated lightweight tent materials are able to pass the CGSB standard requirements.

Health Canada’s examination of the CPSC test data concludes that the use of the CGSB standard is an effective method to assess the flammability performance of a wide range of modern tent materials. The data did not support specific exemptions from flammability performance requirements. The CPSC staff report similarly concluded, from their preliminary test data analysis, that an objective criteria for excluding materials from flammability performance requirements (i.e. weight or fabric type) was not identified.

Incident data

Some commenters noted that there is a low incidence of injury related to tent fires. It is important to recognize that the former Regulations were in place and actively enforced for more than three decades. The flammability performance requirements in the Tents Regulations help to mitigate the flammability hazards, but tents are not fireproof and can catch on fire. Serious tent fire incidents do occur. In recent years, there have been serious incidents involving tent fires in various locations across Canada. The Tents Regulations prescribe flammability performance requirements that limit how fast fabrics can burn and the fire-safety labelling requirements provide important information on how to safely use the products. Through the incorporation by reference of the CGSB standard, it is also expected that, as this standard evolves, safety will continue to be enhanced.

Test data supports the CGSB standard

After careful review of the comments and test data related to the CGSB standard, Health Canada found no compelling reason to delay the publication of the Tents Regulations. The requirements in the Tents Regulations help protect people in Canada from injuries and deaths caused by tent fires. It is expected that the Tents Regulations will reduce or eliminate the use of flame retardant chemicals, and this was supported by data collected during the development of the CGSB standard and by the CPSC test data. The Tents Regulations are an improvement over the former Regulations, and delaying the publication would have resulted in tents having to comply with the outdated requirements of the CPAI-84 standard. The ambulatory incorporation by reference to the CGSB standard means that further advances to the standard will be reflected in the Tents Regulations without the need for a regulatory amendment.

General comments from stakeholders

Several comments focused on Health Canada’s processes for incident reporting, recalls and alerts, product safety education and similar activities. Information on Health Canada’s activities related to the administration and enforcement of the CCPSA can be found on Canada.ca. Further information can be obtained from the Contact Us web page. Health Canada will continue to prioritize health or safety risks, and take action consistent with its compliance and enforcement prioritization policies on non-compliant products. Health Canada publishes the results of its compliance verification projects online. All of the Product Safety Laboratory test methods are available upon request from the following web page.

One commenter noted accessibility should be a priority in the online commenting platform, including language accessibility. Health Canada has shared this comment with the team at Public Services and Procurement Canada responsible for the online commenting platform. The official posting of the prepublication in the Canada Gazette is available in both official languages in Canada, English and French.

One commenter noted the 70-day commenting period may be too short for individuals with disabilities or health conditions. With respect to timing, although the commenting period was 70 days, Health Canada considered comments received after this period. Email coordinates were provided in the prepublication, and commenters who were unable to provide input through the online platform or who required further assistance to transcribe comments were encouraged to use the email address for their submission. Comments received outside the platform, or after the consultation period ended, are not published on the commenting platform; otherwise, all comments received during the consultation period have been accessible to the public on the platform since September 2023.

One commenter noted the cost-benefit analysis should be changed so that health benefits which result from taking products off the market are included, while another commenter noted the analysis did not consider benefits to employees or workers in the supply chain. As described in the benefits and costs section, the Regulations maintain protections from fire incidents and there is a potential health benefit for people in Canada related to a reduced exposure to flame retardant chemicals. This reduced exposure may also benefit workers who would otherwise face exposure risks.

One commenter recommended that a health impact assessment of chemicals used in consumer products, especially those that come into direct contact with vulnerable populations, be conducted. While tents may have a variety of chemicals applied to their textile materials, including treatments that help with water repellency and ultraviolet damage, an assessment of the use of chemicals in consumer products was considered outside the scope of the regulatory project. The primary policy objective of the project was to update the test methodology for flammability performance. Regulated parties must ensure that the consumer products they supply to the Canadian market are safe and comply with the requirements of the CCPSA and its associated regulations. Further, the CCPSA prohibits the manufacture, importation, advertisement or sale of any consumer product that is a “danger to human health or safety.” Health Canada can take steps to remove dangerous or non-compliant consumer products from the marketplace using the authorities of the CCPSA. In addition, the Government of Canada continues to assess chemicals through the CMP and will take risk management action should risks to human health or the environment be identified.

Some comments received were outside the scope of the regulatory project (e.g. implement a polluter pays principle). These comments are not discussed in this publication.

Comments related to the transitional provision and the compliance period

Health Canada received a comment regarding the proposed 365-day transitional provision, as well as the compliance period, with respect to tents. The commenter suggested the calculation of the 365 days should begin when a change is made to the product, from the latter of its manufacture or import date, and indicated the timespan of the design and production cycle, of 24 to 36 months, as a rationale for the suggestion. As there are no label requirements for dates under the Tents Regulations, calculating when a change is made to a tent would be difficult to ascertain and verify. Another stakeholder noted that there should be no transitional provisions provided to industry or that only a period of 60 days should be provided. Health Canada revisited industry input collected via the costing survey described above, and found that while manufacturers in the survey indicated a period of six months is adequate, retailers did indicate a longer time period would be needed to deplete products due to the seasonal nature of tent demand. Health Canada has therefore extended the transitional provision from 365 days at prepublication to two years.

A revision was also made to the compliance time period that applies when a final amended version of the CGSB standard is published to allow the manufacture and import of products for one year and the advertisement and sale of products for two years. Since Health Canada will not perform a Canada Gazette consultation after a final amended version of the CGSB standard is published, it is recognized that regulated parties require a reasonable amount of time to adapt elements of their business, such as design, production, inventories, and testing. No specific concerns were raised or identified with the compliance period for the ISO toy standard; therefore, the compliance time period was not revised.

Of note, for the Tents Regulations and the amended Toys Regulations, during any transitional provision period and compliance period, there will continue to be regulated requirements for flammability performance and fire-safety labelling; thus, there will be no gap in protections for people in Canada.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an initial assessment was conducted on these Regulations. The assessment concluded that implementation of these Regulations would be unlikely to impact on the rights, interests or self-government provisions of treaty partners. All people in Canada, including Indigenous peoples, will benefit from the public health and product safety approach taken in the Regulations.

Instrument choice

The Department considered the following three options:

• Status quo
  • Under this option, Health Canada would have continued to rely upon the former Regulations for fire-safety labelling and flammability performance requirements in Canada. As the former Regulations reference the CPAI-84 standard, certain performance requirements may have continued not to reflect the flammability risks of the type of tent materials used today, posing a regulatory burden to industry. Additional industry guidance on the regulatory requirements could have improved industry knowledge; however, the performance criteria in the CPAI-84 standard would have continued to result in poor compliance. Regulated parties would have likely continued to use flame retardant chemicals to help comply with the flammability performance requirements of the former Regulations.
  • For these reasons, maintaining the status quo option was rejected.
• Rescind the Tents Regulations and utilize CCPSA and/or voluntary instruments
  • Under the second option, the Department would have sought to rescind the former Regulations and rely either upon other authorities under the CCPSA or voluntary instruments. Without specific flammability performance requirements applying to tents, tents would have been subject to the flammability requirements in the Textile Flammability Regulations under the CCPSA. The flammability performance requirements in the Textile Flammability Regulations are not sufficiently protective for tent products because tent materials are identified as a higher risk due to their use near open flames or ignition sources; also, the Textile Flammability Regulations do not prescribe specific fire-safety warnings. Tents made from cotton canvas, while less common than those made of synthetic materials in the current marketplace, would not have appropriate flammability oversight.
  • An alternative would have been to rely on voluntary industry standards in conjunction with the general prohibitions under the CCPSA. Under this option, there would have been an expectation of voluntary compliance with the requirements of an appropriate consensus standard that helps mitigate the fire and burn hazards from tent fires. Health Canada would have encouraged adherence to the CGSB standard for voluntary compliance; however, it is not clear what level of voluntary uptake would result, and gaps in protection would exist where compliance with the standard was lacking. In the United States, the flammability performance requirements of the voluntary standard ASTM F3431-21 are applicable to tents intended for use with camping appliances (e.g. wood stoves), and these requirements reference the CGSB standard for flammability performance. However, the ASTM standard does not specify flammability performance requirements for tents not intended for use with camping appliances. As a result, the ASTM standard only covers a limited subset of tent products in the marketplace: even full adherence to the ASTM standard would result in less protection for people in Canada as not all tent products are included in its scope. Another industry standard which could have been considered is ISO 5912:2011, Camping tents – Requirements and test methods. However, Health Canada found the application of the ISO test method to be time-consuming, with variable results and failures recorded for lower-risk fabrics. Additionally, the ISO 5912:2011 standard would have required the industry to invest in the procurement of expensive laboratory equipment. Given the upfront cost of the ISO 5912:2011 standard, it was expected to be less readily accepted or considered for tents destined for the Canadian market.
  • For children’s play tents, the removal of the former Regulations would leave them subject to the Textile Flammability Regulations. The flammability requirements for textile products in the Textile Flammability Regulations might not have been sufficiently protective of children and could have led to a gap in protections. Fire-safety labelling to alert caregivers would also have been absent as a requirement for these products. Uptake for voluntary compliance with a consensus standard is also unclear.
  • This was not the preferred option because compliance expectations that rely on voluntary standards can be difficult to enforce. Enforcement is efficient and effective when clear requirements are set out in regulations. Further, the risk of serious injury or death can occur with tent fires, and health and safety protections are required for people in Canada when they use tents.
• Amend the regulations
  • The third and selected option repealed the flammability and labelling requirements in the former Regulations and incorporated newer, consensus-based requirements set out in the CGSB standard under the Tents Regulations. These changes help maintain the level of protection for people in Canada from incidents caused by fires in tent products while updating the regulatory requirements to reflect the types of materials used in tents today. The requirements in the CGSB standard will help reduce regulatory burden for industry and help reduce or eliminate reliance on flame retardant chemicals. The CGSB standard is available publicly at no cost in English and French. Amendments to the Toys Regulations add appropriate fire-safety labelling requirements, as well as a reference to the flammability performance requirements in the ISO toy standard for a toy intended to be entered by a child and continue to protect children from fire injuries and deaths. The ISO toy standard is available in English at a cost prescribed by the International Organization for Standardization. The use of an ambulatory incorporation by reference for both standards allows the regulations to keep pace with technological changes and other relevant factors which are taken into account when updating the referenced standards, for which there is a periodic, consensus-driven process.

Regulatory analysis

Benefits and costs

In 2021, Health Canada retained Cheminfo Services Inc. to analyze the anticipated costs and benefits of the Regulations. Updates to the analysis have been made following prepublication to align the period of analysis with the coming-into-force date of the Regulations, account for the two-year transitional period, reflect improved and updated population estimates and make a technical adjustment to the present value base year.

The analysis considers the anticipated impacts of the Regulations relative to a baseline scenario in which the former Regulations and the previous Toys Regulations continue to apply. This allows for the consideration of impacts that are incremental to the Tents Regulations and amended Toys Regulations while ignoring other non-incremental factors.

Baseline scenario

Under the baseline scenario, the regulatory environment under the former Regulations and the previous Toys Regulations would continue to apply. Tent flammability performance would continue to be tested to the CPAI-84 methodology and manufacturers and importers might rely on flame retardant chemicals for compliance. Children’s play tents would continue to be covered under the former Regulations, creating a situation where some toys intended to be entered by children would have different flammability performance and labelling requirements than others. The number of events (incidents, injuries, fatalities and property damage) would continue to occur at rates similar to historic levels.

Regulatory scenario

Under the regulatory scenario, new ambulatory references using the CGSB standard for the fire-safety and flammability performance requirements have been incorporated into the Tents Regulations, and toys intended to be entered by a child are covered under the amended Toys Regulations with new fire-safety labelling requirements and with flammability performance requirements set to the ISO toy standard. Some manufacturers and importers may face upfront and ongoing costs related to changes in testing and labelling requirements, and savings from reduced reliance on flame retardant chemicals and an improved flammability performance test methodology. The risk of incidents related to fires from tents and children’s play tents is expected to be maintained, initially, at levels equal to or lower than under the baseline scenario. However, future changes to standards that are incorporated by reference will automatically be reflected in the respective regulations, thereby potentially enhancing safety over time. In addition, potential risks related to exposure to flame retardant chemicals are expected to decrease.

Costs

One-time and ongoing annual costs of the Regulations are associated with incremental activities that may be undertaken by tent manufacturers, such as meeting the new flammability performance requirements and fire-safety labelling requirements. The analysis of the proposal, when it was prepublished in the Canada Gazette, Part I, acknowledged the potential for impacts associated with stranded inventories for manufacturers and retailers of tents and play tents, in the context of the 365-day transitional period considered at prepublication. The extension of the transitional period to two years is expected to mitigate any significant impacts associated with stranded inventories (see industry feedback below).

In 2021, Cheminfo Services undertook a survey of potentially impacted businesses and industry associations in support of this analysis. Costing survey findings for the tent and toy industries are summarized below.

Costing survey findings — tent industry

• Input on costs was received from five tent manufacturers. One company with a high volume of annual sales stated that there were no one-time or annual costs relating to the proposed changes since they already meet the CGSB standard. Two companies with moderate sales volumes responded, with one company providing no cost data while the other responded that there were no costs since they already meet the CGSB standard. Two companies with small sales volumes identified one-time and annual costs relating to the proposed changes.
• Three tent manufacturers noted the use of flame retardant chemicals in their products is expected to decline.
• Tent importers and retailers did not identify one-time or annual incremental costs, but noted the seasonal nature of the products and complexities with supply chains due to the COVID-19 pandemic and indicated that 12 months or more would be required to sell existing inventory.
• Tent importers and retailers were supportive of the proposal to replace the CPAI-84 reference in the former Regulations with the CGSB standard in the Tents Regulations.
• The Outdoor Industry Association (OIA) did not provide any comment or data, but forwarded the survey to its members, with one member responding to the costing survey.

The Cheminfo analysis estimates that approximately one million tent products are sold annually in the Canadian marketplace. The surveyed manufacturers sell approximately 500 000 tent products in Canada, reflective of half the market. Market data were limited for other products that fall within the scope of the Tents Regulations, such as dining shelters and gazebos.

Costing survey findings — toy industry

• One toy manufacturer responded to the costing survey and identified no additional one-time or ongoing costs relating to the proposed changes. The manufacturer stated a preference to use the ISO toy standard or its equivalent.
• Four retailers who sell a large portion of children’s play tents to the Canadian marketplace responded to the costing survey. None of the companies reported a cost relating to the proposed changes and identified a period of 12 to 24 months to deplete existing inventory.
• The Canadian Toy Association (CTA) assisted in forwarding the costing survey to its members; however, no responses were received. The CTA indicated support for applying the flammability and labelling requirements of the ISO toy standard and EN 71-2 (an equivalent standard referenced in the European Union’s Toy Safety Directive).

Estimated one-time and ongoing annual costs

The analysis extrapolates responses from the survey sample to the industry as a whole by weighting costs per tent and then multiplying by the number of tents impacted. Given the presence of a manufacturer with a high-volume of sales and no anticipated incremental costs, in the sample, this data forms the basis of the low-cost scenario. A high-cost scenario, excluding the sales of the high-volume manufacturer, was also developed and is used, with the low-cost scenario, to calculate a central cost scenario. In the central cost scenario, which is used to characterize the cost of the Regulations, one-time costs to meet flammability and labelling requirements were estimated to be $0.43 per tent, and ongoing annual costs to meet these requirements were estimated to be $0.70 per tent.

Given the two-year transitional period, one-time costs are assumed to be incurred in 2024 (25% of one-time costs) and 2025 (75% of one-time costs). Annual costs are assumed to ramp up in 2024 and 2025, to reach their full anticipated value in 2026, when the transitional period ends. These adjustments result in a small change to the costs in the analysis, relative to estimates reported at prepublication.

The analysis estimates that one-time total costs of $0.25 million (undiscounted) will be incurred in 2024 and 2025, under the central cost scenario, and that average annual costs of $0.40 million (undiscounted) will be incurred during the period of analysis (2024 to 2033). The present value of total costs over the 10-year period of analysis is estimated to be $3.10 million (discounted at 7% with a 2023 price year and a 2024 present value base year).

No incremental costs to the Government of Canada are anticipated to result from the Regulations. The costs to administer, promote and enforce the Regulations will become part of Health Canada’s existing compliance and enforcement program for consumer products.

Benefits

The Regulations are expected to help maintain the protection of people in Canada from tent fires and play tent fires, while reducing or eliminating the reliance on flame retardant chemicals. Through the incorporation by reference of relevant standards, in the respective regulations, the regulations will remain up to date as those standards evolve, which may enhance safety over time. The reduction of flame retardant chemical use may have economic benefits in terms of cost savings for some Canadian tent suppliers and may also yield health benefits for end users.

Tent and play tent fire incidence and impacts in Canada

The Cheminfo study considered data from a variety of sources, as a means of characterizing the current impact of tent and play tent fires on people in Canada. Information was collected from internal databases along with information from external sources, such as the CHIRPP:

• From 1987 to June 2011, Health Canada received 68 reports related to tents, including incidents involving 2 deaths and 10 injuries related to flammability. From June 2011 to December 2022, Health Canada received an additional 39 reports related to tents.
• Data obtained from the CHIRPP from April 2011 to May 2018 included 132 injuries involving tents. Five of the injuries were the result of a tent catching on fire. One additional record related to an injury from a tent fire was found between May 2018 and February 2021.
• A review of records in the United States’ National Electronic Injury Surveillance System (US NEISS), from January 2010 to December 2019, found 53 burn injuries related to tent or children’s play tent flammability. Recent US NEISS data included 20 reports involving fires and tents between January 2020 to December 2021, involving 19 burn injuries. Finally, United States Clearinghouse data from January 2020 to December 2021 included 12 reports related to flammability issues in tents with several resulting in death.

Health Canada also requested fire incident data related to tents and children’s play tents from provincial and territorial fire authorities (i.e. Office of the Fire Marshal or Office of the Fire Commissioner). Alberta, Ontario and Nunavut provided data associated with fires and injuries involving these product categories:

• From 2011 to April 2020, Alberta reported 12 events related to the property class of tents, and another 4 events related to children’s playhouses (which may include children’s play tents). Fire-related injuries were reported in two of the events involving tents. The information received from Alberta indicates that approximately 1.2 tent fires and 0.2 injuries occurred on average per year over a 10-year period. This represents an injury rate of 0.05 per million population per year (assuming an average population of 4.2 million during this period). For children’s playhouses, the average occurrence is approximately 0.4 events per year with no injuries reported over the same period.
• From 2000 to 2020, Ontario reported six incidents related to the property type of tents. There were also 4 incidents reported under the property type of gazebos and 94 reported under sheds or children’s playhouses. Serious injuries were reported in five events involving tents and gazebos, while a fatality was reported in one event. Serious injuries were reported in eight events involving sheds and children’s playhouses, while fatalities were reported in six events. The information received from Ontario indicates that approximately 0.48 tent and gazebo fires, 0.24 serious injuries and 0.05 fatalities occurred per year over a 21-year period, or 0.018 serious injuries and 0.004 fatalities per million population per year (assuming an average population of 13.1 million during this period). For sheds and children’s playhouses, the average occurrence is approximately 4.48 per year, with 0.38 serious injuries and 0.29 fatalities, per year, reported over the same period, or 0.029 serious injuries and 0.022 fatalities per million population per year.
• Nunavut reported two events associated with tent flammability. One event involved four fatalities within the same family in 2015. The other event in 2020 resulted in injuries to one person.

Provincial data may not fully align with product categories impacted by the Regulations (i.e. tents and play tents); however, consistent with federal data in Canada and the United States, the provincial data reinforces Health Canada’s expectation that fire events do occur in Canada within these product categories. The Cheminfo study found a tent fire injury rate of approximately 0.018 to 0.05 injuries per million population per year, and a fatality rate of up to 0.004 per million population per year, using provincial data. If this data is representative of Canada as a whole, this would mean between approximately 0.7 and 1.8 tent fire injuries per year and up to 0.15 fatalities, Canada-wide. A similar calculation for play tent fires estimated up to 0.029 serious injuries and 0.022 fatalities per million population per year, or up to 1.10 injuries and 0.83 fatalities per year, Canada-wide.

Summary of benefits and costs

The main objective of the Regulations is to continue to protect people in Canada from the flammability hazards associated with tents, while updating the flammability performance requirements to be reflective of the type of tent materials used today. The available data does not allow for a robust estimation of the extent to which adoption of the CGSB standard will reduce the number of fires, injuries and fatalities over time, or the benefits due to the anticipated reduction in flame retardant exposure for tent users. Health Canada nevertheless expects that the value of these benefits will exceed the estimated costs of $3.10 million over 10 years (discounted at 7%), or 40 cents per tent.

Small business lens

Analysis under the small business lens concluded that the Tents Regulations will not impact Canadian small businesses.

It is expected that tents which comply with the flammability performance requirements under the former Regulations will likely continue to comply with the CGSB standard. Similarly, play tents meeting the flammability performance requirements of the former Regulations will likely also continue to comply with the ISO toy standard.

Cheminfo Services reported responses from two small businesses, one domestic and one foreign. The small Canadian business did not identify any specific impacts in their response to the questionnaire. The small foreign business (a tent manufacturer) noted different standards would increase its costs and that it lacked the resources to make multiple versions of their products for specific markets. The manufacturer also reported one-time costs and annual costs. It is important to note that the Tents Regulations reference requirements in the CGSB standard that are more reflective of the types of materials currently used in tents, and this will help reduce the regulatory burden to industry. Cheminfo Services also reported the company represented less than 0.5% half of one percent of the Canadian market in 2020. Since the estimated tent market is around one million units, this would imply around 5 000 tents are sold in Canada by this particular small business. The small business also reported they expect the use of flame retardant chemicals to be reduced, implying a benefit to people in Canada even though there are costs associated with the Regulations.

Flexible option

In order to minimize impacts to all businesses (including small businesses) and achieve the policy objectives, the Regulations include a transitional provision that allows products compliant with the former Regulations to continue to be manufactured, imported, advertised or sold in Canada for two years beginning on the day the Regulations come into force. This additional time of two years allows small businesses sufficient time to bring new products into compliance while depleting existing inventory.

Additionally, the Regulations include a period of time to comply when final amended versions of the standards (i.e. the CGSB standard or the ISO toy standard), incorporated by reference, are published. For the CGSB standard referenced in the Tents Regulations, the manufacturer or importer is allowed one year to manufacture or import products that meet either the new or the previous version of the standard, and advertisers and retailers are allowed two years to advertise or sell products that meet either the new or the previous version of the standard. For the ISO toy standard in the Toys Regulations, the manufacturer or importer is allowed 180 days to manufacture or import products that meet either the new or the previous version of the standard, and advertisers and retailers are allowed one year to advertise or sell products that meet either the new or the previous version of the standard.

One-for-one rule

The Regulations do not result in any administrative burden on businesses; therefore, the one-for-one rule does not apply.

Regulatory cooperation and alignment

The Regulations are not related to a commitment under a formal regulatory cooperation forum.

The regulatory development process considered available alignment options with international jurisdictions.

International — tents

Based on the information from the Cheminfo study, it is reported that tents made in Canada may represent a small percentage of the total tents in the market, while imported tents account for the majority of total tents sold in Canada. Importation, based upon country of origin and not brand, is predominantly from Asian countries such as China and Bangladesh, while the United States represents about 11% of the imported tents. Data on exports or re-exports indicate they would compose a small proportion of the overall trade in tents.

In the United States, the ASTM International purchased the rights to CPAI-84 and revised the CPAI-84 specifications under a new tent standard, resulting in ASTM F3431-20. The standard underwent minor revisions in 2021, resulting in the current version: ASTM F3431-21, which is a voluntary standard in the United States.

It is important to highlight that ASTM F3431-21 references the CGSB standard for the flammability performance of tents, and both standards therefore assess products using identical requirements for flammability performance. However, the ASTM F3431-21 applies flammability performance requirements only to tents that are intended for use with camping appliances. Therefore, the voluntary ASTM standard does not apply to the majority of tent products available in the marketplace.

Harmonization and alignment with ASTM F3431-21 would result in a decreased protection to people in Canada from the hazards posed by tent fires. The Tents Regulations continue to apply to tent products for use with or without camping appliances since flammability hazards exist with tents whether or not they are intended for use with camping appliances. Tent products can catch on fire from contact with an open flame or other ignition sources and the risks of smoke inhalation, burn injuries or death remain the same irrespective of whether the source originates from inside or outside the tent. While this may impact certain U.S. manufacturers wishing to access Canadian markets, the protection provided to people in Canada by the Tents Regulations is greater in scope than that provided by the ASTM F3431-21 standard and remains aligned with products that were subject to the former Regulations. There may exist minor differences in the fire-safety labelling requirements of the ASTM and the CGSB standard; however, the CGSB standard allows for statements that convey the same meaning to be used. The ASTM committee for the ASTM F3431-21 standard continues to assess the test data produced by the CPSC staff and is exploring potential pathways for further amendments to the ASTM standard. If the ASTM F3431-21 standard is updated, updates to the CGSB standard can be considered by the CGSB committee. Any revisions captured in a final amended version of the CGSB standard automatically apply in the Tents Regulations via the ambulatory incorporation by reference.

Exportation of tent products would not be affected, as the Canadian requirements meet or exceed the standards for tents in North America.

International — children’s play tents

Adoption of the ISO toy standard for toys intended to be entered by a child increases harmonization and alignment with an international safety standard. The European Union’s Toy Safety Directive specifies compliance of toy products to several standards, including EN 71-2:2020, Safety of toys – Part 2: Flammability. The flammability performance requirements for toys intended to be entered by a child in the ISO toy standard are equivalent to those in EN 71-2:2020 standard.

The amended Toys Regulations result in decreased regulatory burden for manufacturers and producers of toys intended to be entered by a child, and reduced reliance on flame retardant chemicals to meet the requirements. The approach to adopt the ISO toy standard by ambulatory incorporation by reference for flammability performance results in the requirements remaining current to any changes with the international standard. However, fire-safety labelling elements do differ from the requirements set out in the ISO toy standard. As noted previously, the fire-safety labelling in the amended Toys Regulations requires the warning to be present on all toys intended to be entered by a child and to have clearly visible markings using the alert symbol to draw caregivers’ attention on how to safely use the product.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental assessment was not required.

While a reduction in the use of flame retardant chemicals is likely to have a positive impact on the environment, this impact is expected to be minimal.

Gender-based analysis plus

No identity factor (such as sex, gender, race, language, religion, national and ethnic origin, Indigenous origin or identity, age, sexual orientation, socio-economic conditions, education, geography, culture and disability, etc.) impacts were identified for these Regulations.

The Tents Regulations are expected to generate benefits for people in Canada primarily by continuing to protect them from flammability hazards posed by tent and children’s play tent products. Information from Statistics Canada indicates that both male and female persons across Canada participate in tent camping activities across Canada, with greater participation by persons in the adolescent to young-adult age groups. No unintended negative impacts are expected.

Tent products are intended to be portable and temporary shelters for activities such as leisure, sleep or rest, but are not intended to serve as a permanent shelter or home. Persons experiencing homelessness may utilize tent products in a manner that is not the intended purpose. The issue of flammability risks to this population has been captured in multiple media reports where fires have occurred in tent encampments in various cities across Canada. The Tents Regulations continue to help provide protection to this vulnerable population by specifying flammability performance requirements for tent materials and specific directions on safe use through fire-safety labelling on the product.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations come into force on the day they are published in the Canada Gazette, Part II, but they include a transitional provision that allows a product compliant to the previous requirements to continue to be manufactured, imported, advertised or sold in Canada for two years, beginning on the day these Regulations come into force.

The Tents Regulations include a compliance period that applies after a final amended version of the CGSB standard is published. This compliance period allows one year to manufacture or import and two years to advertise or sell products that meet either the new or the previous version of the CGSB standard. The amended Toys Regulations also include a compliance period that applies after a final amended version of the ISO toy standard is published. This compliance period allows 180 days to manufacture or import and one year to advertise or sell products that meet either the new or the previous version of the ISO toy standard.

Compliance and enforcement

Compliance and enforcement activities will follow established Health Canada approaches and procedures, including sampling and testing of products, inspections at business locations, follow-up on incidents reported by the Canadian public and follow-up on mandatory incident reports by industry. Non-compliant products will be subject to the enforcement actions available to Health Canada inspectors under the CCPSA, and could include voluntary commitment to product correction by industry, negotiation with industry for the voluntary removal of non-compliant products from the market, seizure, orders for recall or other measures, administrative monetary penalties or prosecution.

Health Canada will seek to maximize compliance with the amendments through ongoing industry and retailer education, and maximize tent safety through consumer outreach and education.

Contact

Prathipan Ratnam
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch
Health Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0K9
Address locator: 4908B
Email: CCPSA-LCSPC@hc-sc.gc.ca