Products Containing Mercury Regulations

Marginal note: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;

  • (b) safe handling procedures and the measures to be taken in case of accidental breakage, the address of a website where that information is available, or contact information for a person who can provide that information;

  • (c) the options available for the disposal and recycling of the product in accordance with the laws of the jurisdiction where the disposal or recycling is to take place, the address of a website where that information is available, or contact information for a person who can provide that information; and

  • (d) a statement that the product should be disposed of or recycled in accordance with the applicable laws.

• (2) [Repealed, SOR/2024-109, s. 6]

• Marginal note:Small product

  (3) If the product is too small to accommodate the information, the information must be indicated

  • (a) in a readily visible location on the product’s package; or

  • (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.

• Marginal note:Component of a product

  (4) If the mercury is contained in a component of the product, the information must be indicated

  • (a) in a readily visible location on the product; or

  • (b) in a notice attached to the product or a manual that accompanies the product.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Non-application

  (5) Subsections (1) to (4.2) do not apply to

  • (a) replacement parts referred to in subsection 3(3); or

  • (b) products that are manufactured for export.