Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 5a of the Hazardous Products Act, hereby makes the annexed Surface Coating Materials Regulations.R.S., c. 24 (3rd Supp.), s. 1INTERPRETATIONDefinitionsThe following definitions apply in these Regulations.containercontenantcontainer means a receptacle or package in which a surface coating material is offered for sale. It does not include a receptacle or package that is not customarily displayed to the public, such as a package liner, any outer wrapping or box or a shipping container.display panelaire d’affichagedisplay panel means any part of a container on which the identity of the product is displayed in terms of its common or generic name or in terms of its function.display panel area[Repealed, SOR/2007-230, s. 1]good laboratory practicesbonnes pratiques de laboratoiregood laboratory practices means practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development’s document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, the English version of which is dated January 21, 1998 and the French version of which is dated March 6, 1998. surface coating materialrevêtementsurface coating material means a paint or other similar material that dries to a solid film when a layer of it is applied to a surface. It does not include a material that becomes a part of the substrate. Calculation of display panel areaIn calculating the area of a display panel for the purposes of these Regulations, any seam and any convex or concave surface at the top or bottom of the container are to be excluded.Exception – curved containersIn the case of a container that is curved in any way, other than a bag, the display panel area is to be calculated as 40% of the total area of the container, excluding the top and bottom.
SOR/2007-230, s. 1.
Previous VersionGENERALAuthorizationAdvertising, sale and importationSubject to section 6, the advertising, sale and importation of a surface coating material are authorized if the requirements of these Regulations are met.Information RequirementsLanguages, legibility and printThe information required by these Regulations to be displayed on a container must bein both English and French;set out in a permanent, clear and legible manner;printed in sans-serif capital letters and in bold-faced or medium-faced type; andin type of the minimum height and size set out in the table.
TABLE
MINIMUM HEIGHT AND SIZE OF TYPEColumn 1Column 2Column 3ItemDisplay panel areaMinimum height of type (mm)Minimum size of type (points)1.100 cm2 or less1.542.more than 100 cm2 but not more than 330 cm23.093.more than 330 cm2 but not more than 650 cm26.0184.more than 650 cm2 but not more than 2 600 cm29.0275.more than 2 600 cm212.036
Determination of minimum height of typeThe minimum height of the type referred to in subsection (1) is determined by measuring an upper-case letter or a lower-case letter that has an ascender or descender, such as “b” or “p”.REQUIREMENTSLeadConcentration and test method criteriaThe concentration of total lead present in a surface coating material must not be more than 90 mg/kg when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices.ExceptionsSubsection (1) does not apply to a surface coating material that is usedas an anti-corrosive or an anti-weathering coating applied on the interior or exterior surface of any building or equipment that is used for an agricultural or industrial purpose;as an anti-corrosive or an anti-weathering coating applied on any structure, other than a building, that is used for an agricultural, industrial or public purpose;as a touch-up coating for metal surfaces;on traffic signs;for graphic art on billboards or similar displays;for identification marks in industrial buildings; oras material for the purposes of arts, crafts or hobbies, other than material for use by children.
SOR/2010-224, s. 1.
Previous VersionLead-content informationIf the concentration of total lead present in a surface coating material that is used for a purpose described in subsection 4(2) is more than 90 mg/kg, the display panel must contain the following information or its equivalent:
DANGERCONTAINS LEAD / CONTIENT DU PLOMBDO NOT APPLY TO SURFACESACCESSIBLE TO CHILDREN ORPREGNANT WOMEN.NE PAS APPLIQUER SUR UNE SURFACEACCESSIBLE AUX ENFANTS OU AUXFEMMES ENCEINTES.Must be used exclusively [Insert the appropriate use or uses described in subsection 4(2)]. / Utiliser uniquement aux fins suivantes : [insérer les fins mentionnées au paragraphe 4(2) qui s’appliquent].
FontDespite paragraph 3(c), the expressions “Must be used exclusively” and “Utiliser uniquement aux fins suivantes :” must not be displayed in capital letters, and the italicized instructions must be replaced by the appropriate use or uses.Small containersIn the case of a display panel area that is less than 35 cm2, only the signal word “DANGER” and the specific hazard statements “CONTAINS LEAD” and “CONTIENT DU PLOMB” need be displayed.Signal word “DANGER”If the information required by subsection (1) or (3) is displayed in separate English and French display panels, the signal word “DANGER” must be displayed in each display panel, but if the information is displayed in one bilingual display panel, the signal word “DANGER” need only be displayed once.
SOR/2010-224, s. 2.
Previous VersionExemption — exclusively industrial settingsSections 4 and 5 do not apply in the case of a surface coating material that is used exclusively in an industrial setting, other than for a use described in paragraphs 4(2)(a) to (g), on surfaces where the finish is so durable and tightly adhered to the surface that it cannot be chewed or chipped under foreseeable use.MercuryConcentration and test method criteriaThe concentration of total mercury present in a surface coating material must not be more than 10 mg/kg when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices.ARTICLES WITH A SURFACE COATING MATERIALAuthorizationImportation, sale and advertisingThe importation, sale and advertising of the articles described in sections 7.2 and 7.3 are authorized if the requirements of these Regulations are met.
SOR/2011-14, s. 1.
Furniture and Other Articles for ChildrenConcentrationFurniture and other articles for children must not have a surface coating material that contains more than 90 mg/kg of total lead.
SOR/2011-14, s. 1.
Pencils and Artists’ BrushesConcentrationPencils and artists’ brushes must not have a surface coating material that contains more than 90 mg/kg of total lead.
SOR/2011-14, s. 1.
TRANSITIONAL PROVISIONSLead in pavement markingsThe concentration of total lead present in a surface coating material that is used for pavement markings and that is sold during the period beginning on the day on which these Regulations come into force and ending on December 31, 2010 may be more than 90 mg/kg, when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices, if the display panel contains the information required by section 5.
SOR/2010-224, s. 3.
Previous VersionMercury in recycled surface coating materialsThe concentration of total mercury present in a recycled surface coating material that is sold before July 1, 2010, when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices, may be more than 10 mg/kg but not more than65 mg/kg, if it is sold during the period beginning on the day on which these Regulations come into force and ending on June 30, 2007; and35 mg/kg, if it is sold during the period beginning on July 1, 2007 and ending on June 30, 2010.Mercury-content information recycled surface coating materialsThe display panel of a recycled surface coating material referred to in subsection (1) must contain the following information or its equivalent:
DANGERCONTAINS MERCURY /CONTIENT DU MERCUREDO NOT APPLY TO SURFACESACCESSIBLE TO CHILDREN ORPREGNANT WOMEN.NE PAS APPLIQUER SUR UNE SURFACEACCESSIBLE AUX ENFANTS OU AUXFEMMES ENCEINTES.
Small containersIn the case of a display panel area that is less than 35 cm2, only the signal word “DANGER” and the specific hazard statements “CONTAINS MERCURY” and “CONTIENT DU MERCURE” need be displayed.Signal word “DANGER”If the information required by subsection (2) or (3) is displayed in separate English and French display panels, the signal word “DANGER” must be displayed in each display panel, but if the information is displayed in one bilingual display panel, the signal word “DANGER” need only be displayed once.REPEALHazardous Products (Liquid Coating Materials) RegulationsThe Hazardous Products (Liquid Coating Materials) Regulations1 are repealed.C.R.C., c. 928COMING INTO FORCEComing into forceThese Regulations come into force on the day on which they are registered.