Notice of intent – Proposed new requirements for lithium-ion batteries and consumer products containing lithium-ion batteries under the Canada Consumer Product Safety Act

Introduction

The purpose of this Notice of Intent is to inform interested parties that Health Canada is seeking comments on a proposed regulatory initiative that would introduce mandatory requirements for lithium-ion batteries and consumer products containing lithium-ion batteries under the Canada Consumer Product Safety Act (CCPSA).

Health Canada will use the input received through this pre-consultation to inform next steps, which may include a cost-benefit analysis of the proposal and future consultations. Any future regulatory proposal would be pre-published in the Canada Gazette, Part I for further stakeholder consultation in accordance with the Treasury Board of Canada Secretariat's Cabinet Directive on Regulation.

Background

Lithium-ion batteries were commercialized as rechargeable power supplies for portable electronic equipment in the early 1990s. Since then, lithium-ion technology has improved dramatically to increase energy density, extend lifetime, improve safety, and reduce charging time and overall cost. This has enabled them to become the battery of choice in a wide variety of consumer product applications (for example, vaping devices, mobile and wearable devices, toys, tools, appliances, energy storage systems), as well as transportation applications (for example, vehicles, e-bikes and other micromobility devices) and medical devices (for example, portable ventilators, cochlear implants), with many more applications being developed and introduced into the market on a regular basis.

While the technology behind lithium-ion batteries is inherently safe, poor design or manufacturing (of the batteries and/or the products containing them), or conditions that cause excess mechanical, electrical or thermal stress during operation, charging or storage can cause them to fail. Lithium-ion battery hazards can range from overheating, off-gassing and smoke to fire, thermal runaway and explosion. The failure progression to the extreme effects of fire and explosion can happen in a matter of seconds, and lithium-ion battery fires are notoriously difficult to extinguish and are prone to reigniting. Additionally, lithium-ion batteries can be damaged or compromised internally without signs of this damage being visible or obvious to a consumer, posing an unmitigated risk that could become hazardous without warning.

Since lithium-ion batteries are now found in a wide variety of products, the potential health and safety risks associated with lithium-ion batteries may affect the full range of ages and demographics in Canada, including children, seniors, lower-income populations and mobility-impaired populations. Additionally, these risks extend to first responders, particularly fire fighters. They face specific hazards associated with lithium-ion batteries, which can become an unforeseen and dangerous secondary source of ignition in the event of an unrelated house fire, and heightened dangers when responding to incidents involving lithium-ion battery fires. The intense heat and toxic fumes released during such fires pose significant threats to the safety of fire fighters, underscoring the broader public safety concerns linked to these batteries.

From 2013 to 2023, Health Canada's Consumer Product Safety Program received 924 reports of lithium-ion battery incidents, 266 (28.8%) of which involved injuries, including 3 fatalities: two associated with micromobility devices and one involving a smartphone (later attributed to an external ignition source). Among the injury reports, 11 were classified as severe, 37 as moderate, and 178 as minor, with the remainder unspecified. These figures reflect only reported cases and likely underestimate the true scale of the issue in Canada, underscoring the growing safety risks posed by lithium-ion battery failures. Over the same period, Health Canada issued 87 product recalls related to lithium-ion battery hazards, affecting 374 unique product models with over 980,000 units recalled.

While the certification status of the batteries involved in these incidents is not always known, there is clear evidence that uncertified, poorly designed, or inadequately manufactured batteries pose significantly higher risks of overheating, fire, and explosion due to a lack of proper safety measures. International regulators, including in the United States of America and the European Union, have taken steps to mitigate these risks, considering mandatory standards and marketplace enforcement. These trends emphasize the need to examine how uncertified, poorly designed, or inadequately manufactured batteries contribute to safety incidents in the Canadian market. They also highlight the need for gathering targeted stakeholder input to better understand the full scope of the issue and to develop appropriate regulatory solutions that effectively mitigate these risks.

Canadian Legislation

The purpose of the Canada Consumer Product Safety Act (CCPSA) is to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada.

The CCPSA includes provisions for prohibiting the manufacture, import, advertisement and sale of a consumer product that is a danger to human health or safety. Additionally, the CCPSA enables the Governor in Council to make regulations for carrying out the purposes and provisions of the CCPSA.

Currently, there are no specific regulatory requirements for lithium-ion batteries in Canada.

Additional Information

Health Canada has completed a risk assessment summary report on lithium-ion batteries. To request a copy, please contact Health Canada Consumer Product Safety via email (ccpsa-lcspc@hc-sc.gc.ca) or telephone at 1-866-662-0666 (toll-free within Canada and the United States).

The proposal

Health Canada is proposing a regulatory initiative under the CCPSA that would establish mandatory safety requirements for lithium-ion batteries and consumer products containing lithium-ion batteries that are manufactured, imported, advertised and sold in Canada. This proposal would not constitute a ban on all lithium-ion batteries and consumer products containing lithium-ion batteries. Only products that do not meet these mandatory safety criteria would be impacted.

Health Canada is considering a variety of options for specifying performance criteria that reduce the risks of overheating, off-gassing, smoke, fire, thermal runaway and explosion posed by lithium-ion batteries that are consumer products or components of consumer products. This could include the viability of mandatory third-party certification or the incorporation of safety standards by ambulatory reference in regulations. Existing standards that address hazards associated with the batteries themselves that are under consideration include:

• CSA C22.2 No.62133-2:20 - Secondary cells and batteries containing alkaline or other non-acid electrolytes — Safety requirements for portable sealed secondary cells, and for batteries made from them, for use in portable applications — Part 2: Lithium systems (Bi-national standard with UL 62133-2, harmonized with IEC 62133-2);
• UL 1642, 6^thedition - Lithium Batteries; and,
• UL 2054, 3^rdedition - Household and Commercial Batteries

With respect to consumer products containing lithium-ion batteries, Health Canada is considering options to include mandatory performance criteria for battery protection and battery management systems of consumer products that will help to maintain a lithium-ion battery's safe operating parameters. In doing so, Health Canada intends to evaluate the viability of mandatory third-party certification for consumer products that are subject to Canadian national product standards which contain battery management systems and other battery safety-related requirements.

Scope of the proposal

This proposal applies to lithium-ion batteries and consumer products containing lithium-ion batteries within the scope of the CCPSA.

This proposal does not apply to mains power-connected products that are subject to the Canadian Electrical Code (CSA C22.1) or to products listed in Schedule 1 of the CCPSA, which includes:

• Medical devices, as defined as 'devices', within the meaning of section 2 of the Food and Drugs Act (FDA).
• Vehicles within the meaning of section 2 of the Motor Vehicle Safety Act and a part of a vehicle that is integral to it — as it is assembled or altered before its sale to the first retail purchaser — including a part of a vehicle that replaces or alters such a part. Of note, this exclusion currently applies to electric micromobility devices, such as e-bikes or e-scooters, which meet the definition of "vehicle".
• Pest control products within the meaning of subsection 2(1) of the Pest Control Products Act, except treated articles within the meaning of subsection 1(1) of the Pest Control Products Regulations.

How to participate

To participate in this consultation, stakeholders are asked to submit responses to the questions in the Questionnaire. Stakeholders can do this by either filling out the online questionnaire or sending their responses to ccpsa-lcspc@hc-sc.gc.ca. This pre-consultation will be open for comment from December 2, 2025 to February 14, 2026 (75 calendar days).

Feedback collected through this pre-consultation will be used to inform the development of mandatory requirements that align with the purpose of this proposal.