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Exporting toys from Canada

Canada has no export certificate for toys. Health Canada expects exported consumer products, including toys, to meet both the destination's requirements and the Canada Consumer Product Safety Act and its regulations. The exporter reports the goods to the CBSA where a declaration is needed, and supplies origin documents if the importer claims a preferential duty rate.

Updated · Each section links to the official source it comes from

Regulator
Health Canada, Consumer Product Safety Program
Exporter's duty
Meet the destination's law and the Canada Consumer Product Safety Act
Export declaration
To the CBSA, for most commercial shipments outside the US worth CAN $2,000 or more
Certificate of origin
Completed by the exporter, or under CUSMA and CPTPP also the producer or importer
Records
Kept in Canada for six years

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1Does the toy meet the destination's requirements and Canadian consumer product law? Read more
  2. 2Is an export declaration needed for this shipment and destination? Read more
  3. 3Does it contain US-made goods being re-exported unchanged? Read more
  4. 4Will the importer claim a preferential duty rate under a trade agreement? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Health Canada's position on exported consumer products

What Health Canada expects of businesses that export toys and other consumer products, or send them through Canada.

  • Exporters of consumer products must make sure the products comply with the requirements of the destination country and with the Canada Consumer Product Safety Act and its regulations.
  • Health Canada's guide covers consumer products made in Canada for export, and those imported into Canada for export only.
  • Export includes the sale or advertising over the Internet of consumer products to a foreign jurisdiction.
  • The Act and its regulations apply to consumer products transhipped through Canada.
  • The Act allows regulations exempting consumer products made in Canada for export, or imported solely for export, from the Act or its regulations.
  • Health Canada and the CBSA work together to monitor consumer products moving into and out of Canada.

How we help: Compliant Always keeps test reports and certificates with each toy and lot, dated, and reads them against the destination's requirements you record. Ask about this

Export declaration and reporting to the CBSA

How commercial goods are reported to the Canada Border Services Agency before they leave Canada, and what the exporter keeps afterwards.

  • In most cases an export declaration is needed for commercial goods. The most common exceptions are goods exported for consumption in the United States and non-restricted goods valued at less than CAN $2,000.
  • Goods moving through the United States to another destination, including goods entering the US on a transportation and exportation (T and E) bond, need a declaration.
  • Restricted goods, those controlled, regulated or prohibited under Canadian law, need their permit, certificate or licence whatever their value; going to the US they need no declaration, but the permit must still be presented.
  • Declarations are made through the Canadian Export Reporting System (CERS) or G7 EDI, with a business number and RM export program identifier. The exporter gives the carrier the proof of report number.
  • Minimum time limits: 2 hours before loading for air and rail, 48 hours before loading for marine, 2 hours before delivery to the post office, and immediately before export by highway.
  • The exporter may delegate reporting to a customs service provider but remains responsible for the information, and keeps export records in Canada for 6 years.

How we help: Compliant Always keeps the proof of report number, permits and export records with each shipment, dated, and shows what is missing before the goods are loaded. Ask about this

Export permits and the Export Control List

Goods on the Export Control List, or going to a country on the Area Control List, need a permit from Global Affairs Canada before they leave.

  • Under section 7 of the Export and Import Permits Act, the Minister may issue to residents of Canada permits to export goods or technology on the Export Control List, or to a country on the Area Control List.
  • Item 5400 covers goods and technology of United States origin exported to any destination other than the United States, unless substantially changed in value, form or use outside the US.
  • For item 5400, United States origin means made in the United States, not the country from which the goods were last shipped to Canada.
  • Group 5 also controls a few goods for economic reasons, such as certain food products and apparel shipped under quota.
  • Global Affairs Canada gives advisory opinions on how a product is classified against the list, and takes permit applications online through NEXCOL.

How we help: Compliant Always keeps the permit and its conditions with the shipment, and shows before goods leave where a product's record has no control classification. Ask about this

Certificates of origin under trade agreements

The document that lets the importer claim a preferential duty rate under one of Canada's free trade agreements, such as CUSMA, CETA or CPTPP.

  • A certificate of origin certifies that the good meets a free trade agreement's rules of origin; the importer must have it to claim preferential tariff treatment.
  • Under CETA, the Canada-UK TCA, CEFTA and CUFTA it is an origin declaration on an invoice or other commercial document. Canadian exporters enter their Business Number in the CETA declaration.
  • Under CUSMA and CPTPP it is a set of minimum data elements with no prescribed format, which the importer, exporter or producer may complete.
  • A certificate can cover one shipment, or identical goods over a blanket period of up to 12 months. It is valid for four years from signature.
  • Whoever certifies origin keeps the certificate and supporting records for six years, and must tell everyone they gave it to of any change affecting its accuracy.

How we help: Compliant Always keeps each origin declaration with the products and shipments it covers, shows when a blanket period runs out, and answers importers' origin questions from the record. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ExporterMeeting the destination's requirements and Canadian consumer product law, the export declaration and its records.Test reports, declarations and origin documents kept with each shipment.
Manufacturer or producerThe product's design and testing, and origin information an exporter or importer relies on.Test reports and origin statements kept with each product.
Customs service provider or freight forwarderReporting on the exporter's behalf where delegated, using the exporter's business number.Proof of report kept with the shipment for the carrier.

Where are the goods going?

Most of what toys have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Do I need an export certificate to export toys from Canada?
No Canadian export certificate for toys appears in the federal sources read for this guide. The destination may ask for its own test reports or certificates, which its market guide covers.
Do exported toys have to meet Canadian safety rules?
Health Canada says exporters must make sure exported consumer products comply with the destination's requirements and with the Canada Consumer Product Safety Act and its regulations.
Is selling toys online to customers in other countries exporting?
Yes. Health Canada's guide defines export to include the sale or advertising over the Internet of consumer products to a foreign jurisdiction.
Do Canadian consumer product rules apply to toys passing through Canada?
Yes. Health Canada says the Canada Consumer Product Safety Act and its regulations apply to consumer products transhipped through Canada.
Do I need an export declaration to ship toys to the United States?
Not for non-restricted goods exported for consumption in the United States. Goods going through the US to another country, including on a T and E bond, need a declaration.
Do I need an export declaration for a small shipment of toys?
Not for non-restricted commercial goods valued at less than CAN $2,000. The exporter tells the carrier that no declaration is required, with code NDR2.
How long must I keep records of toys I export?
Six years. The CBSA requires exporters to keep in Canada all records about their exports for six years after the export.
Who signs a certificate of origin for toys exported to the EU?
Under CETA, the exporter, by placing the origin declaration on the invoice or another commercial document. The exporter may rely on written statements from the producer or supplier.
Do I need a permit to re-export US-made toys from Canada?
Export Control List item 5400 covers goods of United States origin exported to destinations other than the US, unless substantially changed outside the US. Global Affairs Canada gives advisory opinions on classification.
How does Compliant Always help with exporting from Canada?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

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