Formaldehyde Emissions from Composite Wood Products Regulations (SOR/2021-148)

Specimens

Marginal note:Selection

• 12 (1) A specimen of a composite wood panel or laminated product that is representative of the entire lot must be selected from a bundle, but not from the top or bottom of the bundle.

• Marginal note:Composite wood panel or laminated product

  (2) The specimen of a composite wood panel or laminated product selected must be in an unfinished condition and without a topcoat.

• Marginal note:Dead-stacked or wrapped

  (3) The specimen must be dead-stacked or wrapped airtight between the time of selection and the start of specimen conditioning.

Marginal note:Handling of specimen

13 The specimen must be handled in accordance with the requirements set out in section 9.1 of ASTM D6007.

Marginal note:Shipping of specimen

14 During shipment of the specimen,

• (a) the requirements set out in section 9.1 of ASTM E1333 must be met; and

• (b) wrapping must be of a type that will minimize the likelihood of puncture or other damage to the wrapping or specimen during shipment and must not be made of materials that could contaminate the specimen.

Marginal note:Inspection of wrapping

• 15 (1) As soon as feasible after a specimen arrives at an accredited laboratory, the person responsible for the specimen must inspect the wrapping for signs of damage.

• Marginal note:Wrapping unopened

  (2) The wrapping must not be opened until specimen conditioning occurs.

• Marginal note:Rejection of specimen

  (3) The person responsible for the specimen must reject the specimen if

  • (a) the wrapping in which the specimen is shipped is damaged;

  • (b) the specimen is damaged or contaminated; or

  • (c) conditioning of the specimen cannot be initiated within the time limit set out in subsection (4).

• Marginal note:Specimen conditioning

  (4) The manufacturer must ensure that the specimen is conditioned in accordance with Table 1 of Section 4 of the Directive and that the conditioning is initiated within 30 days after the day on which the composite wood panel or laminated product is manufactured.

Non-compliant Lot

Marginal note:Exceeding limit

• 16 (1) A composite wood panel or laminated product is considered to be part of a non-compliant lot if formaldehyde emissions from the panel or product exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2) when the panel or product is tested in accordance with paragraph 7(1)(b) or 8(1)(b), respectively.

• Marginal note:Handling

  (2) If a manufacturer of composite wood panels or laminated products manufactures a non-compliant lot, the manufacturer must either destroy it, dispose of it at a waste disposal site or treat and re-test it until formaldehyde emissions do not exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2).

• Marginal note:Treatment

  (3) For the purpose of subsection (2), a non-compliant lot is treated by

  • (a) using a chemical formaldehyde scavenger;

  • (b) aging the lot; or

  • (c) using any other method that reduces formaldehyde emissions.

• Marginal note:Re-test

  (4) For the purpose of subsection (2), a non-compliant lot is re-tested by the selection and testing of one specimen from the lot and the verification of the test in accordance with subsection 7(1), or by the selection and testing of three specimens from three bundles of the lot and the verification of the tests in accordance with subsection 8(1), and averaging the results of the three tests.

• Marginal note:Notice of non-compliance to purchaser

  (5) A person that has sold a composite wood panel or laminated product from a non-compliant lot must provide written notice of the non-compliance to the purchaser within two days after the day on which they become aware of the non-compliance.

• Marginal note:Notice of non-compliance to Minister

  (6) If the person referred to in subsection (5) is the manufacturer or importer, it must also provide written notice of the non-compliance to the Minister within the timeframe set out in that subsection.

• Marginal note:On receipt of notice

  (7) A manufacturer of component parts or finished goods and an importer or seller of composite wood panels or laminated products that purchases a composite wood panel or a laminated product from a non-compliant lot and receives a notice referred to in subsection (5) must

  • (a) if they have not yet sold the composite wood panel or laminated product, isolate it before returning it to the manufacturer or handling it in accordance with subsection (2); or

  • (b) if they have sold the composite wood panel or laminated product, send a copy of the notice, within two days after the day on which they receive it, to the purchaser.

• Marginal note:Component parts or finished goods

  (8) Subsection (7) does not apply to a manufacturer of component parts or finished goods or to an importer or seller of composite wood panels or laminated products that receives a notice of non-compliance under subsection (5) after the composite wood panel or laminated product is incorporated into a component part or finished good.

Accredited Laboratory

Marginal note:Accredited laboratory

17 Any testing to measure formaldehyde emissions from a composite wood panel or laminated product performed for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the testing:

• (a) it is accredited

  • (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or

  • (ii) under the Environment Quality Act, CQLR, c. Q-2; and

• (b) the scope of its accreditation includes testing to measure formaldehyde emissions from composite wood panels or laminated products.

Third-party Certifier

Marginal note:Qualifications

18 For the purpose of section 19, a third-party certifier must meet the following conditions:

• (a) it is accredited under the International Organization for Standardization standard ISO/IEC 17065, entitled Conformity assessment — Requirements for bodies certifying products, processes and services, by an accreditation body that is a signatory to the International Accreditation Forum Multilateral Recognition Arrangement or that has membership in one of the regional accreditation groups that is recognized by the International Accreditation Forum;

• (b) it has a scope of accreditation that includes composite wood products and either these Regulations or TSCA Title VI; and

• (c) it is an accredited laboratory in accordance with section 17 or it has access to such a laboratory that uses ASTM D6007 or ASTM E1333, as the case may be.

Marginal note:Declaration of certification

• 19 (1) A manufacturer may produce a declaration of certification for a product type that it manufactures if it has documentation demonstrating that

  • (a) the product type is certified under TSCA Title VI; or

  • (b) a third-party certifier referred to in section 18 has confirmed in writing the following:

    • (i) formaldehyde emissions from the product type did not exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2) when

      • (A) at least five specimens were selected and tested in accordance with paragraphs 7(1)(a) and (b), respectively, and the third-party certifier verified the tests in accordance with paragraph 7(1)(c), and

      • (B) at least five specimens were selected and tested in accordance with paragraphs 8(1)(a) and (b), respectively, and the third-party certifier verified the tests in accordance with paragraph 8(1)(c),

    • (ii) despite subparagraph (i), in the case of composite wood panels of a product type made with a no-added-formaldehyde resin and in respect of which subsection 10(4) applies, formaldehyde emissions from the product type did not exceed the applicable limits set out in subsection 10(3) when the testing described in subsection 10(2) was performed,

    • (iii) despite subparagraph (i), in the case of a product type made with an ultra-low-emitting-formaldehyde resin and in respect of which subsection 11(4) or (6), as the case may be, applies, formaldehyde emissions from the product type did not exceed the applicable limits set out in subsection 11(3) or (5), as the case may be, when the testing described in subsection 11(2) was performed,

    • (iv) the third-party certifier has verified the equivalence of ASTM D6007 to ASTM E1333 that was established in accordance with subsection 7(3), if applicable, and

    • (v) the third-party certifier has verified the correlation of results established in accordance with subsection 8(4).

• Marginal note:Contents of declaration

  (2) The declaration of certification must include

  • (a) the name of the third-party certifier or the number assigned to the third-party certifier by the United States Environmental Protection Agency;

  • (b) the civic and postal addresses, telephone number and, if any, email address of the third-party certifier as well as the name of its contact person;

  • (c) a list of the product types in respect of which the declaration applies; and

  • (d) for each product type, the date on which the requirement in paragraph (1)(a) or (b), as the case may be, was fulfilled.

• Marginal note:Invalidity — declaration of certification

  (3) A declaration of certification ceases to be valid for a product type if

  • (a) in the case of a product type certified under TSCA Title VI, the product type ceases to be certified under TSCA Title VI; or

  • (b) in the case of a product type included in the declaration of certification produced under paragraph 19(1)(b),

    • (i) the manufacturer does not have a third-party certifier referred to in section 18 verify tests at the frequency required for that product type under subsection 7(2), 8(3), 10(4) or 11(4) or (6), as the case may be, or

    • (ii) formaldehyde emissions from the product type exceed the applicable limit set out in subsection 6(1), 10(3) or 11(3) or (5) when one specimen that is representative of the product type is selected and tested in accordance with paragraphs 7(1)(a) and (b), respectively, and the test is verified by the third-party certifier in accordance with paragraph 7(1)(c).

• Marginal note:New declaration of certification

  (4) After a declaration of certification ceases to be valid for a product type, the manufacturer may amend the declaration to reflect that it is valid again for the product type or produce a new declaration of certification for that product type if it has documentation demonstrating that

  • (a) the product type is re-certified under TSCA Title VI; or

  • (b) in respect of the product type,

    • (i) the manufacturer has a third-party certifier referred to in section 18 verify tests at the frequency required for that product type under subsection 7(2), 8(3), 10(4) or 11(4) or (6), as the case may be, and

    • (ii) since the declaration of certification ceased to be valid, a third-party certifier referred to in section 18 has confirmed in writing that formaldehyde emissions did not exceed the applicable limit set out in subsection 6(1), 10(3) or 11(3) or (5) when at least one specimen of the product type was selected and tested in accordance with paragraphs 7(1)(a) and (b), respectively, and the third-party certifier verified the test in accordance with paragraph 7(1)(c).

Labelling

Marginal note:Composite wood panels

• 20 (1) Subject to section 23, a manufacturer or importer of composite wood panels must ensure that a label that includes the following information is affixed, at the time of their sale, to the composite wood panels, the bundle that contains them or their packaging:

  • (a) the name of the manufacturer of the composite wood panels;

  • (b) the lot number; and

  • (c) either

    • (i) if the product type is compliant with or certified under TSCA Title VI, the statement “TSCA Title VI compliant / conforme au titre VI de la TSCA” or “TSCA Title VI certified / certifié conformément au titre VI de la TSCA” and either the name of the third-party certifier that certified the composite wood panels or the number that the United States Environmental Protection Agency assigned to it, or

    • (ii) if the product type is included in a declaration of certification produced under paragraph 19(1)(b), the statement “CANFER compliant / conforme au CANFER” and the name of the third-party certifier referred to in section 18.

• Marginal note:Copy of label

  (2) Subject to section 23, a person that purchases a composite wood panel from a manufacturer or importer referred to in subsection (1) may sell it or offer it for sale without the associated label if

  • (a) they maintain a copy of the label; and

  • (b) they make the information included on the label available to any person on request.

• Marginal note:Definition of CANFER

  (3) For the purposes of the statement referred to in subparagraph (1)(c)(ii) and 21(1)(c)(ii), CANFER is a reference to these Regulations.