A late December open letter from Health Canada gives additional advice on the nation's mandates for flammability and children's costumes. Information includes items that might not fall under the mandates such as side-by-side drawings of two children, one wearing a superhero costume with a graphic logo and one wearing a tee-shirt with the same logo. The costume is a toy, but the shirt is not.
The guide also explained:
"Children’s costumes that are not intended for learning or play, such as ceremonial costumes (e.g., folk costumes, religious costumes), performance costumes (e.g., dance costumes) and uniforms (e.g., school uniforms, scouting uniforms, sports uniforms), are not classified as toys within the meaning of the Toys Regulations."
"Children’s clothing (daywear or sleepwear) articles with a play theme (e.g., a depiction of a toy or superhero) are also not classified as toys within the meaning of the Toys Regulations unless they are equipped or associated with learning or play features."
Besides the toy/non-toy question, the letter also addresses garments that might fall under sleepwear mandates, including differing test methods for tight versus loose sleepwear. It additionally notes available enforcement actions, ranging from recalls and seizures to penalties and criminal prosecutions.
Ask for a copy via hc.ccpsa-lcspc.sc@canada.ca. Last summer (PSL¸ 8/31/20), Health Canada updated its guidance, Safety Requirements for Children's Toys and Related Products, mainly with additions about costume flammability.