Products Containing Mercury Regulations (SOR/2014-254)
Full Document:
- HTMLFull Document: Products Containing Mercury Regulations (Accessibility Buttons available) |
- XMLFull Document: Products Containing Mercury Regulations [109 KB] |
- PDFFull Document: Products Containing Mercury Regulations [317 KB]
Regulations are current to 2024-10-30 and last amended on 2015-11-08. Previous Versions
AMENDMENTS NOT IN FORCE
— SOR/2024-109, s. 1
1 (1) Paragraph 2(f) of the Products Containing Mercury RegulationsFootnote 1 is replaced by the following:
Return to footnote 1SOR/2014-254
(f) a pest control product as defined in subsection 2(1) of the Pest Control Products Act, other than a device referred to in paragraph 2(a) of the Pest Control Products Regulations or a treated article as defined in subsection 1(1) of those Regulations;
(2) Paragraphs 2(l) to (n) of the Regulations are replaced by the following:
(l) a battery that has a mercury concentration of 0.0005% or less by weight;
(m) a measuring device that is imported solely to be displayed in a public exhibition for cultural or historical purposes;
(n) cold cathode tubing, or an electrode for use in cold cathode tubing, that
(i) is manufactured in or imported into Canada after December 31, 2025,
(ii) is needed to repair signage or cove lighting that is manufactured in, imported into or installed in Canada before December 31, 2025, and
(iii) contains a total quantity of mercury that is less than or equal to
(A) in the case of cold cathode tubing, 100 mg per 2.44 m (8 feet), and
(B) in the case of an electrode for use in cold cathode tubing, 100 mg;
— SOR/2024-109, s. 2
2 Section 3 of the Regulations is replaced by the following:
Manufacture or import
3 (1) A person must not manufacture or import a product that contains mercury unless
(a) the product belongs to a category set out in column 1 of Schedule 1, contains a total quantity of mercury that is less than or equal to the maximum total quantity set out in column 2 and is manufactured or imported by the person on or before the end date set out in column 3;
(b) the product is a replacement part;
(c) the product is a replacement lamp; or
(d) the person holds a permit issued under subsection 5(1).
Sale or offer for sale
(2) A person must not sell or offer for sale a replacement lamp that belongs to a category set out in any of items 1 to 4, column 1, of Schedule 2 after the second anniversary of the end date set out in column 4.
Replacement part
(3) A replacement part is a part that
(a) will replace a component that a product contained before November 8, 2015, and is required for that product to function;
(b) cannot be replaced by a mercury-free alternative;
(c) does not belong to a category set out in column 1 of Schedule 1 or 2; and
(d) in the case of a cold cathode fluorescent lamp or an external electrode fluorescent lamp, is for use in an electronic display panel.
Replacement lamp
(4) A replacement lamp is a lamp that belongs to a category set out in column 1 of Schedule 2 and
(a) contains a total quantity of mercury that is less than or equal to the maximum total quantity set out in column 2;
(b) is manufactured in or imported into Canada on or after the start date set out in column 3 but no later than the end date set out in column 4; and
(c) will be used in a lighting fixture installed before the start date set out in column 3 or, in the case of a bulb for an automobile headlamp, in an on-road vehicle that was manufactured in or imported into Canada before that date.
Obligation
3.1 A person that manufactures or imports a product in contravention of section 3 must ensure that the product is sent for final disposal or recycling at a facility that is authorized, by the authorities of the jurisdiction in which it is located, to dispose of or recycle hazardous materials. However, an imported product may instead be returned to the person or facility from which it was imported.
— SOR/2024-109, s. 3
3 (1) The portion of section 4 of the Regulations before paragraph (a) is replaced by the following:
Application
4 An application for a permit to manufacture or import a product that contains mercury must be submitted to the Minister and must contain the following information and documents:
(2) Subparagraph 4(a)(ii) of the Regulations is replaced by the following:
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative;
(3) Subparagraphs 4(c)(i) and (ii) of the Regulations are replaced by the following:
(i) achieves a similar result, and
(ii) has a less harmful effect on the environment or on human health;
(4) Paragraph 4(e) of the French version of the Regulations is replaced by the following:
e) la mention du fait que le plan sera mis à exécution dans les trente jours suivant la date de délivrance du permis;
— SOR/2024-109, s. 4
4 Subsection 5(3) of the Regulations is replaced by the following:
Expiry
(3) A permit expires three years after the day on which it is issued, unless it is renewed in accordance with section 6.
— SOR/2024-109, s. 5
5 Section 6 of the Regulations is replaced by the following:
Application to renew permit
6 (1) An application to renew a permit must be submitted at least 90 days before the day on which the permit expires and must include the permit number and the information and documents referred to in section 4.
Renewal
(2) The Minister must renew the permit if the application is made in accordance with subsection (1) and the conditions set out in subsection 5(1) are met.
— SOR/2024-109, s. 6
6 (1) The portion of subsection 8(1) of the Regulations before paragraph (b) is replaced by the following:
Label — products containing mercury
8 (1) Subject to subsections (3), (4) and (5), any person that manufactures or imports a product that contains mercury must indicate the following information in a readily visible location on the product and, if applicable, on its package by means of a stamp, label or other mark:
(a) a statement that the product contains mercury;
(a.1) if the mercury is contained in a component of the product, a statement indicating which component contains it;
(2) Paragraph 8(1)(c) of the French version of the Regulations is replaced by the following:
c) les choix possibles en matière d’élimination et de recyclage du produit, selon les lois du lieu de l’élimination ou du recyclage, l’adresse d’un site Web où ces renseignements sont accessibles ou les coordonnées d’une personne qui peut les fournir;
(3) Paragraph 8(1)(d) of the Regulations is replaced by the following:
(d) a statement that the product should be disposed of or recycled in accordance with the applicable laws.
(4) Subsection 8(2) of the Regulations is repealed.
(5) Paragraph 8(3)(b) of the Regulations is replaced by the following:
(b) if there is no package or the package is too small to accommodate the information, in a notice attached to the product or a manual that accompanies the product.
(6) Paragraph 8(4)(b) of the Regulations is replaced by the following:
(b) in a notice attached to the product or a manual that accompanies the product.
(7) Section 8 of the Regulations is amended by adding the following after subsection (4):
Referral to website
(4.1) The person referred to in subsection (1) may, instead of indicating the information in a notice or manual in accordance with paragraph (3)(b) or (4)(b), indicate in the notice or manual the address of a website where the information is set out.
Requirements
(4.2) The information must
(a) if the information is indicated on the product or the product’s package,
(i) be in both official languages,
(ii) be presented in a font size of at least 10 points with characters that are at least 3 mm in height, are legible and indelible and are impressed, embossed or in a colour that contrasts with the label’s background or the colour of the product or its package, as applicable,
(iii) be enclosed by a border, and
(iv) be easily distinguishable from other graphic material on the product or its package;
(b) if the information is indicated in a notice or on a website, be in both official languages; and
(c) if the information is indicated in a manual, be in English, French or both official languages, as requested by the first retail purchaser.
(8) The portion of subsection 8(5) of the Regulations before paragraph (b) is replaced by the following:
Non-application
(5) Subsections (1) to (4.2) do not apply to
(a) replacement parts referred to in subsection 3(3); or
— SOR/2024-109, s. 7
7 Sections 9 to 11 of the Regulations are replaced by the following:
Hg Symbol
9 (1) Any person that manufactures or imports a product belonging to a category set out in any of items 2 to 13, column 1, of Schedule 1 or in any item, column 1, of Schedule 2 must ensure that the symbol Hg is indicated in a readily visible location on the product in a font size of at least 10 points with characters that are at least 3 mm in height or within a pictogram of a least 7 mm in height such that the symbol is legible and indelible and impressed, embossed or in a colour that contrasts with the label’s background or the colour of the product, as applicable.
Small product
(2) Despite subsection (1), if a product is too small to accommodate the symbol Hg in a font size of at least 10 points with characters that are at least 3 mm in height, the symbol Hg must be indicated in the closest possible font size and character height and be, at a minimum, in a font size of 7 points with characters that are 2 mm in height.
Determination of Total Quantity of Mercury
Accredited laboratory
10 (1) Any analysis performed to determine the total quantity of mercury for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:
(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) subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the total quantity of mercury.
Standards of good practice
(2) If no method has been recognized by a standards development organization in respect of the analysis performed to determine the total quantity of mercury and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.
Electrotechnical products
11 The total quantity of mercury contained in an electrotechnical product is determined in accordance with the International Electrotechnical Commission standard IEC 62321-4, entitled Determination of certain substances in electrotechnical products – Part 4: Mercury in polymers, metals and electronics by CV-AAS, CV-AFS, ICP-OES and ICP-MS, as amended from time to time.
— SOR/2024-109, s. 8
8 (1) Subsection 12(1) of the Regulations is replaced by the following:
Reporting requirements
12 (1) Any person that manufactures or imports a product that contains mercury, other than a replacement part referred to in subsection 3(3), must submit a report to the Minister
(a) in respect of the 2025 calendar year, on or before March 31, 2026;
(b) in respect of the 2027 calendar year, on or before March 31, 2028; and
(c) in respect of every third calendar year after the 2027 calendar year, on or before March 31 of the calendar year following the year in respect of which the report is prepared.
(2) Subparagraphs 12(2)(a)(i) and (ii) of the Regulations are replaced by the following:
(i) their name, telephone number, fax number and email address, as well as the civic and postal addresses of their principal place of business in Canada, and
(ii) if applicable, the name, title, telephone number, fax number and email address of their authorized representative, as well as the civic and postal addresses of their authorized representative’s principal place of business in Canada; and
(3) Subparagraph 12(2)(b)(ii) of the Regulations is replaced by the following:
(ii) if applicable, the name of the category set out in column 1 of Schedule 1 or 2 to which the product belongs or the number of the permit issued under subsection 5(1),
(4) Paragraph 12(2)(b) of the Regulations is amended by striking out “and” at the end of subparagraph (iv), by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):
(vi) the quantity exported during the calendar year in question, if applicable.
— SOR/2024-109, s. 9
9 (1) Subsection 13(1) of the Regulations is replaced by the following:
Electronic submission
13 (1) Any information provided to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and must bear the electronic signature of the person that manufactures or imports the product containing mercury or of their authorized representative.
(2) Subsection 13(2) of the English version of the Regulations is replaced by the following:
Submission in writing
(2) If the Minister has not specified an electronic form and format or it is not feasible to send the information electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the information must be sent on paper in the form and format specified by the Minister and signed by the person or their authorized representative. If no form and format have been specified, the information may be sent in any form and format.
— SOR/2024-109, s. 10
10 (1) Subparagraph 14(1)(a)(ii) of the Regulations is replaced by the following:
(ii) if applicable, the name of the category set out in column 1 of Schedule 1 or 2 to which the product belongs or the number of the permit issued under subsection 5(1),
(2) Paragraph 14(1)(a) of the Regulations is amended by striking out “and” at the end of subparagraph (iv) and by adding the following after subparagraph (v):
(vi) the quantity of the product that is exported; and
(3) Subparagraph 14(1)(b)(ii) of the Regulations is replaced by the following:
(ii) if applicable, the name of the category set out in column 1 of Schedule 1 or 2 to which the product belongs or the number of the permit issued under subsection 5(1),
(4) Subparagraphs 14(1)(b)(viii) and (ix) of the Regulations are replaced by the following:
(viii) the Harmonized Commodity Description and Coding System tariff classification number for the product, as set out in the schedule to the Customs Tariff,
(ix) the business number assigned to the person by the Minister of National Revenue,
(5) Paragraph 14(1)(b) of the Regulations is amended by adding “and” at the end of subparagraph (x) and by adding the following after that subparagraph:
(xi) the quantity of the product that is exported.
(6) Section 14 of the Regulations is amended by adding the following after subsection (1):
Record of compliance with section 3.1
(1.1) If the person has manufactured or imported a product in contravention of section 3, they must maintain records that demonstrate compliance with section 3.1.
— SOR/2024-109, s. 11
11 Section 16 of the Regulations is amended by adding the following after subsection (1):
Electronic form
(1.1) Any records, copies of information submitted to the Minister and supporting documents that are kept in electronic form must be in a readily readable form.
— SOR/2024-109, s. 12
12 The schedule to the Regulations is replaced by the Schedules 1 and 2 set out in the schedule to these Regulations.
SCHEDULE 1(Paragraphs 3(1)(a) and (3)(c), subsection 9(1) and subparagraphs 12(2)(b)(ii) and 14(1)(a)(ii) and (b)(ii))
Maximum Total Quantity of Mercury for Products Other than Replacement Parts and Replacement Lamps
Column 1 Column 2 Column 3 Item Category of Products Maximum Total Quantity of Mercury End Date 1 Encapsulated dental amalgam No limit None 2 Screw-base compact fluorescent lamps for general lighting purposes (a) ≤ 25 W
4 mg per lamp December 31, 2025 (b) > 25 W
5 mg per lamp December 31, 2025 3 Pin-base compact fluorescent lamps for general lighting purposes 4 mg per lamp December 31, 2025 4 Straight fluorescent lamps for general lighting purposes (a) T5, program start, with a normal lifetime (< 25,000 hours)
3 mg per lamp December 31, 2025 (b) T8, 1.22 m (4-foot) or less, instant and program start, medium bi-pin base, with a normal lifetime (< 25,000 hours)
4 mg per lamp December 31, 2025 (c) T5, program start, with a long lifetime (≥ 25,000 hours)
5 mg per lamp December 31, 2025 (d) T8, 1.22 m (4-foot) or less, instant and program start, medium bi-pin base, with a long lifetime (≥ 25,000 hours)
5 mg per lamp December 31, 2025 (e) T12, 1.22 m (4-foot) or less, rapid start, medium bi-pin base
(i) halo phosphate phosphor
10 mg per lamp December 31, 2025 (ii) tri-band phosphor
5 mg per lamp December 31, 2025 (iii) any other lamp
10 mg per lamp December 31, 2025 (f) T12, 2.44 m (8-foot), instant start, single pin base
(i) halo phosphate phosphor ≤ 40 W
10 mg per lamp December 31, 2025 (ii) tri-band phosphor < 60 W
5 mg per lamp December 31, 2025 (iii) any other lamp
15 mg per lamp December 31, 2025 5 Non-linear fluorescent lamps for general lighting purposes, including circular or square fluorescent lamps 15 mg per lamp December 31, 2025 6 Induction fluorescent lamps for general lighting purposes 15 mg per lamp December 31, 2025 7 High pressure sodium vapour lamps for general lighting purposes 40 mg per arc tube December 31, 2028 8 Metal halide lamps for general lighting purposes (a) ≤ 300 W
40 mg per lamp December 31, 2028 (b) > 300 W and ≤ 500 W
75 mg per lamp December 31, 2028 (c) > 500 W and ≤ 700 W
85 mg per lamp December 31, 2028 (d) > 700 W and ≤ 1000 W
250 mg per lamp December 31, 2028 9 Bulbs for automobile headlamp 10 mg per lamp December 31, 2025 10 Fluorescent or discharge lamps used for growing plants No limit None 11 Fluorescent or discharge lamps used for air or surface purification, sterilization, sanitization, treatment or disinfection No limit None 12 Fluorescent or discharge lamps used for water purification, sterilization, sanitization, treatment or disinfection No limit None 13 Fluorescent or discharge lamps other than (a) lamps belonging to a category set out in any of items 2 to 12, column 1, of this schedule or in any item, column 1, of Schedule 2
(b) mercury vapour lamps for general lighting purposes
(c) cold cathode fluorescent lamps
(d) external electrode fluorescent lamps
(e) cold cathode tubing for signage or cove lighting
No limit None 14 Thermometers for use in a laboratory for scientific research applications No limit None 15 Thermometers or other scientific instruments whose use is required by an ASTM International standard No limit None 16 Scientific instruments for the calibration of medical devices or of scientific research instruments No limit None 17 Analytical standards, reagents or reference material for use in a laboratory No limit None 18 Scientific instruments for use as a reference for clinical validation studies No limit None 19 Scientific instruments for measuring the quantity of mercury in the environment No limit None 20 Catalysts for use in the manufacturing of polyurethane No limit December 31, 2025 SCHEDULE 2(Subsection 3(2), paragraph 3(3)(c), subsections 3(4) and 9(1), subparagraphs 12(2)(b)(ii) and 14(1)(a)(ii) and (b)(ii) and paragraph 13(a) of Schedule 1)
Maximum Total Quantity of Mercury for Replacement Lamps
Column 1 Column 2 Column 3 Column 4 Item Category of Lamps Maximum Total Quantity of Mercury Start Date End Date 1 Pin-base compact fluorescent lamps for general lighting purposes 4 mg per lamp January 1, 2026 December 31, 2027 2 Straight fluorescent lamps for general lighting purposes (a) T5, program start, with a normal lifetime (< 25,000 hours)
3 mg per lamp January 1, 2026 December 31, 2027 (b) T8, 1.22 m (4-foot) or less, instant and program start, medium bi-pin base, with a normal lifetime (< 25,000 hours)
4 mg per lamp January 1, 2026 December 31, 2027 (c) T5, program start, with a long lifetime (≥ 25,000 hours)
5 mg per lamp January 1, 2026 December 31, 2027 (d) T8, 1.22 m (4-foot) or less, instant and program start, medium bi-pin base, with a long lifetime (≥ 25,000 hours)
5 mg per lamp January 1, 2026 December 31, 2027 (e) T12, 1.22 m (4-foot) or less, rapid start, medium bi-pin base
(i) halo phosphate phosphor
10 mg per lamp January 1, 2026 December 31, 2027 (ii) tri-band phosphor
5 mg per lamp January 1, 2026 December 31, 2027 (iii) any other lamp
10 mg per lamp January 1, 2026 December 31, 2027 (f) T12, 2.44 m (8-foot), instant start, single pin base
(i) halo phosphate phosphor ≤ 40 W
10 mg per lamp January 1, 2026 December 31, 2027 (ii) tri-band phosphor < 60 W
5 mg per lamp January 1, 2026 December 31, 2027 (iii) any other lamp
15 mg per lamp January 1, 2026 December 31, 2027 3 Non-linear fluorescent lamps for general lighting purposes, including circular or square fluorescent lamps 15 mg per lamp January 1, 2026 December 31, 2027 4 Induction fluorescent lamps for general lighting purposes 15 mg per lamp January 1, 2026 December 31, 2027 5 High pressure sodium vapour lamps for general lighting purposes 40 mg per arc tube January 1, 2029 None 6 Metal halide lamps for general lighting purposes (a) ≤ 300 W
40 mg per lamp January 1, 2029 None (b) > 300 W and ≤ 500 W
75 mg per lamp January 1, 2029 None (c) > 500 W and ≤ 700 W
85 mg per lamp January 1, 2029 None (d) > 700 W and ≤ 1000 W
250 mg per lamp January 1, 2029 None 7 Bulbs for automobile headlamp 10 mg per lamp January 1, 2026 None
- Date modified: