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Planning to sell products on Amazon in Canada? Then you need to ensure compliance with applicable Canadian acts, regulations and product standards. In this guide, we explain the basics of Canadian product compliance requirements in the context of selling on Amazon.ca.
We also highlight the type of documentation Amazon may request to verify that your products meet applicable Canadian product safety, labelling, and other compliance requirements.
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What requirements do we need to comply with to sell on Amazon in Canada?
Amazon generally requires that all products sold on its platform are safe and meet applicable laws, regulations, and safety standards. As such, Amazon do not invent their own compliance requirements, but reflects Canadian federal and provincial compliance requirements.
In practice, this means that you may need to take the following steps:
- Identify applicable acts
- Identify product-specific regulations (if any)
- Identify applicable product safety standards
- Identify provincial acts and regulations
How do Amazon.ca check product compliance?
Amazon can request documentation to verify if a product meets applicable Canadian acts, regulations, and standards. The following may be requested for a toy sold through Amazon in Canada.
Test reports
Amazon may request test reports corresponding to the following regulations:
- Toys Regulations (SOR/2011-17)
- Consumer Products Containing Lead Regulations (SOR/2018-83)
- Phthalates Regulations (SOR/2016-188)
- Surface Coating Materials Regulations (SOR/2016-193)
Note that Amazon specifically mentions that test reports must be issued by an ISO 17025-accredited laboratory, within the last 12 months.
Labelling
Amazon may request label files or photos demonstrating compliance with the following:
- Canada Consumer Product Safety Act (CCPSA)
- Toys Regulations (SOR/2011-17) – Section 3: English and French language
- Charter of the French Language
Canadian Acts and Regulations
The first step is often to identify applicable acts for your product. If you are selling consumer products on Amazon.ca, then you will at a minimum need to ensure compliance with the Canada Consumer Product Safety Act (CCPSA).
Product regulations
Certain products are also covered by product-specific regulations under the CCPSA. Here are some examples of such products:
- Toys
- Playpens
- Strollers
- Ice hockey helmets
- Vaping products
Note that these are just a few examples. Amazon.ca ultimately mandates compliance with all applicable acts and regulations.
Canadian standards
Certain regulations also mandate compliance with Canadian product standards. Here are two examples of standards referenced under the Toys Regulations (SOR/2011-17):
- C22.2 NO. 149-1972 (R2017) – Electrically Operated Toys
- ISO 8124–2 – Part 2: Flammability
Certain standards only apply to particular types of products covered by a certain regulation (i.e., electrical toys). Note that Amazon may specifically request test reports corresponding to such standards if any apply to your product.
Other requirements
Here are some examples of other acts and regulations:
- Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)
- Cosmetic Regulations (C.R.C., c. 869)
- Food and Drug Regulations (C.R.C., c. 870)
- Food and Drugs Act (R.S.C., 1985, c. F-27)
- Medical Devices Regulations (SOR/98-282)
- Precious Metals Marking Act (R.S.C., 1985, c. P-19)
- Precious Metals Marking Regulations (C.R.C., c. 1303)
Packaging Requirements
Amazon.ca requires that packaging comply with applicable Canadian acts and regulations. For starters, the following applies to consumer product packaging:
- The Consumer Packaging and Labelling Act
- Consumer Packaging and Labelling Regulations
Note that product-specific regulations may also contain provisions concerning packaging and packaging labelling.
FAQ
Do we need to affix labels in English and French?
Yes, this requirement exists in both federal regulations and legislation in Quebec. For example, this is written in the Toys Regulations (SOR/2011-17):
Official languages
3 Any written statement or warning required by these Regulations must appear in both English and French.
Products that are not labelled in English and French could potentially be removed.
Is testing required when selling on Amazon in Canada?
For starters, lab testing is mandatory for many products sold in Canada. The CCPSA states that test reports may be requested by the authorities, while certain regulations explicitly mandate testing according to particular standards and test methods.
Amazon can request test reports to verify if a product meets applicable Canadian safety and compliance requirements.
That said, Amazon may do so even for products where testing is not explicitly required.
Can we sell products compliant with US regulations and standards on Amazon in Canada?
No, Canada has its own set of product safety and compliance requirements. If you sell on Amazon in Canada, then you need to ensure compliance with applicable Canadian acts, regulations, and standards.
Who will check if we sell products compliant with Canadian requirements?
Amazon can carry out compliance checks when you are listing new products for sale in Canada. They can also request test reports, label files, and other compliance information months or even years after a product has been listed.
It’s a good idea to ensure that your product is fully compliant with all applicable Canadian acts, regulations, and standards before you make these available for sale on Amazon.ca.
