Formaldehyde Emissions from Composite Wood Products Regulations (SOR/2021-148)
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Regulations are current to 2024-04-01 and last amended on 2023-01-07. Previous Versions
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.
Marginal note:Other composite wood products
21 (1) Subject to section 23, a manufacturer or importer of laminated products, component parts or finished goods must ensure that a label that includes the following information is affixed, at the time of their sale, to the laminated products, component parts or finished goods, the bundle that contains them or their packaging:
(a) the name of the manufacturer, importer or seller of the laminated products, component parts or finished goods;
(b) the month and year of manufacture; and
(c) either
(i) if the product type that is incorporated into the component parts or finished goods is compliant with or certified under TSCA Title VI or if the laminated products are a product type that is compliant with or certified under TSCA Title VI, as the case may be, 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”, or
(ii) if the product types that are incorporated into the component parts or finished goods are either included in a declaration of certification by virtue of paragraph 19(1)(b) or are certified under TSCA Title VI or if the laminated products are a product type that is included in a declaration of certification by virtue of paragraph 19(1)(b), as the case may be, the statement “CANFER compliant / conforme au CANFER”.
Marginal note:Copy of label
(2) Subject to section 23, a person that purchases a laminated product, component part or finished good 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 retain a copy of the label; and
(b) they make the information included on the label available to any person on request.
Marginal note:Optional information
22 A label referred to in subsection 20(1) or 21(1) may also include
(a) the statement “no added formaldehyde / sans formaldéhyde ajouté” or “NAF / SFA” in respect of a composite wood panel made with a no-added-formaldehyde resin – or a component part or finished good into which such a panel is incorporated – if formaldehyde emissions from the panel do not exceed the applicable limits set out in subsection 10(3);
(b) the statement “ultra-low-emitting formaldehyde / à très faibles émissions de formaldéhyde” or “ULEF / TFEF” in respect of a composite wood panel or laminated product made with an ultra-low-emitting-formaldehyde resin – or a component part or finished good into which such a panel or product is incorporated – if formaldehyde emissions from the panel or product do not exceed the applicable limits set out in subsection 11(3); and
(c) if a composite wood panel made with a no-added-formaldehyde resin and a composite wood panel or laminated product made with an ultra-low-emitting-formaldehyde resin are incorporated into a component part or finished good, a statement to that effect, if formaldehyde emissions from the composite wood panels or laminated products that are incorporated into the component part or finished good do not exceed the applicable limits set out in subsections 10(3) and 11(3).
Marginal note:Area less than or equal to 929 cm2
23 A composite wood product does not require a label if the area of its largest surface is less than or equal to 929 cm2.
Marginal note:Form of label
24 A label referred to in subsection 20(1) or 21(1) must be in the form of a stamp, tag or sticker that is securely affixed to the product in a visible location.
Marginal note:Appearance of information
25 The information on a label referred to in subsection 20(1) or 21(1) must
(a) appear in both English and French; and
(b) be set out in a manner that is clear and legible and printed in characters that
(i) are of a colour that contrasts sharply with the background,
(ii) have a type height of at least 2 mm, and
(iii) are easily distinguishable from other graphic material on the product or its package.
Record Keeping
Marginal note:Manufacturer — panels or laminated products
26 (1) A manufacturer of composite wood panels or laminated products must maintain a record of the following information and documents, in English or French or both languages:
(a) in respect of the tests referred to in paragraph 7(1)(b),
(i) the name and contact information of the person performing or overseeing the tests,
(ii) the dates on which the tests were performed,
(iii) the type of composite wood panel or laminated product that was tested,
(iv) the lot number of the composite wood panel that was tested or the month and year of manufacture of the laminated product that was tested, as the case may be,
(v) the test method used, and
(vi) the test results, including the data used for establishing equivalence in accordance with Section 2 of the Directive;
(b) in respect of the tests referred to in paragraph 8(1)(b),
(i) the name and contact information of the person performing or overseeing the tests,
(ii) the corporate name and civic address of the facility where the tests were performed,
(iii) the dates on which the tests were performed,
(iv) the type of composite wood panel or laminated product that was tested,
(v) the lot number of the composite wood panel that was tested or the month and year of manufacture of the laminated product that was tested, as the case may be,
(vi) the test method used, and
(vii) the test results, including the data used to establish the correlation of results in accordance with subsection 8(4), if applicable;
(c) in respect of the composite wood panels or laminated products,
(i) their description, and
(ii) information allowing each composite wood panel or laminated product to be traced to a specific lot;
(d) in respect of the resin used,
(i) its trade name,
(ii) if the manufacturer of the composite wood panels or laminated products purchases resin, the names, civic and postal addresses, telephone numbers and, if any, the email addresses of the supplier and of the manufacturer of the resin as well as records of purchase of the resin from the supplier, and
(iii) if the manufacturer of the composite wood panels or laminated products uses its own resin, documents describing the type and amount of resin used by volume and weight;
(e) in respect of changes to the manufacturing of composite wood panels and laminated products,
(i) details of any increase of more than 10% in the resin used,
(ii) details of any change in resin composition that results in an increase in formaldehyde emissions, and
(iii) details of any other change that may result in an increase in formaldehyde emissions;
(f) in respect of a composite wood panel or laminated product made with a no-added-formaldehyde resin or an ultra-low-emitting-formaldehyde resin,
(i) the production volume, expressed in square metres, of each product type manufactured,
(ii) the resin trade name,
(iii) the name, civic and postal addresses, telephone number and, if any, email address of the resin supplier,
(iv) documents demonstrating that the conditions under section 10 or 11, as the case may be, are met,
(v) the volume and weight of resin that the manufacturer uses, and
(vi) details of any change in composition of the resin;
(g) in respect of particleboard, medium-density fibreboard or thin medium-density fibreboard for which testing has been performed in accordance with subsection 8(6), documents demonstrating the average results referred to in that subsection;
(h) in respect of any non-compliant lot,
(i) a list of all non-compliant lots manufactured by the manufacturer that indicates whether each lot was destroyed or treated and, if it was treated, the results obtained from re-testing performed in accordance with subsection 16(4), and
(ii) a copy of the written notice provided by the manufacturer in accordance with subsection 16(5); and
(i) in respect of the third-party certifier,
(i) the declaration of certification referred to in section 19 and all supporting documentation referred to in that section for any composite wood panel that constitutes the core or platform of a laminated product referred to in subsections 7(4) and 8(5) and for any other product types,
(ii) the date and details of the most recent verification that the third-party certifier performed in respect of the manufacturer’s composite wood panels or laminated products, and
(iii) the qualifications of the third-party certifier under section 18.
Marginal note:Retention period and location
(2) The information and documents included in the record must be retained for a period of five years after the day on which they are made at one of the following locations:
(a) the manufacturer’s principal place of business in Canada; or
(b) any other place in Canada where the record can be inspected, if the manufacturer notifies the Minister of the civic address of that place within 30 days after the day on which the record is moved to that place for retention.
Marginal note:Disclosure to Minister
(3) On request, the manufacturer must provide the Minister with any of the information and documents referred to in subsection (1).
Marginal note:Purchaser
(4) On request, the manufacturer must make any of the information or documents referred to in paragraph (1)(a) available to a person that purchases a composite wood panel or laminated product from the manufacturer.
Marginal note:Additional disclosure to Minister
(5) On request, the manufacturer must provide the following information to the Minister:
(a) in respect of composite wood panels or laminated products sold by the manufacturer,
(i) the name, civic and postal addresses, telephone number and, if any, email address of the purchaser,
(ii) the purchase order number or the invoice number and the production volume purchased, expressed in square metres,
(iii) the total production volume, expressed in square metres, of composite wood panels and laminated products manufactured and sold in Canada, and
(iv) a copy of each label required under subsection 20(1); and
(b) in respect of the shipping of composite wood panels or laminated products, the shipping invoice number.
Marginal note:Timeframe for additional disclosure
(6) The manufacturer must provide the information referred to in subsection (5) to the Minister in English or French or both languages within 40 days after the day on which the request is made or, if the information is to be translated from a language other than English or French, within 60 days after the day on which the request is made.
Marginal note:Manufacturer — exempted laminated products
27 (1) A manufacturer of laminated products referred to in subsections 7(4) and 8(5) must maintain a record of the following information and documents in English or French or both languages:
(a) in respect of the resin used,
(i) its trade name,
(ii) if the manufacturer of the laminated products purchases resin, the names, civic and postal addresses, telephone numbers and, if any, email addresses of the supplier and of the manufacturer of the resin as well as records of purchase of the resin from the supplier, and
(iii) if the manufacturer of the laminated products uses its own resin, documents demonstrating the manufacturer produces phenol-formaldehyde resin or no-added-formaldehyde resin; and
(b) in the case of a product type whose core or platform is a composite wood panel,
(i) if the manufacturer of the laminated products purchases the composite wood panels, the names, civic and postal addresses, telephone numbers and, if any, email addresses of the supplier and of the manufacturer of the composite wood panels as well as records of purchase of the composite wood panels from the supplier,
(ii) if the manufacturer of the laminated products uses its own composite wood panels, documents demonstrating that formaldehyde emissions from those panels do not exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2), and
(iii) the declaration of certification referred to in section 19 for the core or platform.
Marginal note:Retention period and location
(2) The information and documents included in the record must be retained for a period of five years after the day on which they are made at one of the following locations:
(a) the manufacturer’s principal place of business in Canada; or
(b) any other place in Canada where the record can be inspected, if the manufacturer notifies the Minister of the civic address of that place within 30 days after the day on which the record is moved to that place for retention.
Marginal note:Disclosure to Minister
(3) On request, the manufacturer must provide the Minister with any of the information and documents referred to in subsection (1).
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