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

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).

Marginal note:Importer — composite wood panels or laminated products

• 28 (1) An importer 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 any non-compliant lot, a copy of the written notice provided to the importer in accordance with subsection 16(5) and information describing the measures taken in accordance with subsection 16(7);

  • (b) the declaration of certification referred to in section 19 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; and

  • (c) in respect of the composite wood panels or laminated products imported by the importer,

    • (i) the name of the manufacturer of the composite wood panels or laminated products and the civic and postal addresses, telephone number and, if any, email address of its principal place of business,

    • (ii) the lot number or date of manufacture of the composite wood panel or laminated product,

    • (iii) the name of the supplier of the composite wood panels or laminated products, if different from the manufacturer referred to in subparagraph (i), and the civic and postal addresses, telephone number and, if any, email address of its principal place of business, and

    • (iv) the date on which the importer purchased the composite wood panel or laminated product.

• 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 importer’s principal place of business in Canada; or

  • (b) any other place in Canada where the record can be inspected, if the importer 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 importer must provide the Minister with any of the information and documents referred to in subsection (1).

• Marginal note:Additional disclosure to Minister

  (4) On request, the importer must provide the following information to the Minister in relation to the composite wood panels or laminated products that the importer imports:

  • (a) [Repealed, SOR/2024-256, s. 16]

  • (b) [Repealed, SOR/2024-256, s. 16]

  • (c) [Repealed, SOR/2024-256, s. 16]

  • (d) [Repealed, SOR/2024-256, s. 16]

  • (e) the results of any tests performed in accordance with paragraph 7(1)(b);

  • (f) the qualifications of the third-party certifier under section 18; and

  • (g) the date and details of the most recent verification that the third-party certifier performed in respect of the composite wood panels or laminated products.

• Marginal note:Timeframe for additional disclosure

  (5) The importer must provide the information referred to in subsection (4) 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:Importer — component parts or finished goods

• 29 (1) An importer of component parts or finished goods must retain, in English or French or both languages, a record of the date on which the importer purchased any component part or finished good.

• Marginal note:Retention period and location — importer

  (2) The record referred to in subsection (1) must be retained for a period of five years after the day on which the importer purchased the component part or finished good at one of the following locations:

  • (a) The importer’s principal place of business in Canada; or

  • (b) any other place in Canada where the record can be inspected, if the importer notifies the Minister of the civic address of that place within 30 days after the day on which the record was moved to that place for retention.

• Marginal note:Manufacturer — component parts or finished goods

  (3) A manufacturer of component parts or finished goods must retain, in English or French or both languages, in relation to any composite wood panels or laminated products that were acquired in order to be incorporated into the component parts or finished goods and that are part of a non-compliant lot,

  • (a) a copy of any written notice provided in accordance with subsection 16(5); and

  • (b) information on the measures taken in accordance with subsection 16(7), if applicable.

• Marginal note:Retention period and location — manufacturer

  (4) The notice and information referred to in subsection (3) 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 they can be inspected, if the manufacturer notifies the Minister of the civic address of that place within 30 days after the day on which they are moved to that place for retention.

• Marginal note:Disclosure to Minister — manufacturer

  (5) On request, the manufacturer must provide the Minister with a copy of any written notice and the information referred to in subsection (3).

• Marginal note:Disclosure to Minister — importer

  (6) On request, the importer must provide to the Minister the date on which the importer purchased any component part or finished good.

• Marginal note:Additional disclosure to Minister — importer

  (6.1) In respect of the composite wood panels or laminated products that are incorporated into the component parts or finished goods that the importer imports, the importer must provide to the Minister, on request, the following information

  • (a) the name of the manufacturer and the civic and postal addresses, telephone number and, if any, email address of its principal place of business;

  • (b) the date of manufacture of the composite wood panels or laminated products; and

  • (c) the name of the supplier of the composite wood panels or laminated products, if different from the manufacturer referred to in paragraph (a), and the civic and postal addresses, telephone number and, if any, email address of its principal place of business.

• Marginal note:Additional disclosure to Minister — manufacturer or importer

  (6.2) On request, the manufacturer or importer must provide the Minister with a copy of the declaration of certification referred to in section 19 for the product types that are incorporated into the component parts or finished goods.

• Marginal note:Timeframe for additional disclosure

  (7) The importer must provide the information referred to in subsections (6.1) and (6.2) and the manufacturer must provide the information referred to in subsection (6.2), 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:Statement of compliance

• 30 (1) A manufacturer or importer of component parts or finished goods and a seller of composite wood products must, for every type of composite wood product that they import, sell or offer for sale, as the case may be, retain a document that sets out the name of the supplier and contains a written statement indicating that the composite wood products that they import, sell or offer for sale are either CANFER or TSCA Title VI compliant, as the case may be.

• Marginal note:Retention period and location

  (2) The document referred to in subsection (1) must be retained for a period of five years after the day on which it is made at one of the following locations:

  • (a) the manufacturer’s, importer’s or seller’s principal place of business in Canada; or

  • (b) any other place in Canada where the document can be inspected, if the manufacturer, importer or seller notifies the Minister of the civic address of that place within 30 days after the day on which the document is moved to that place for retention.

• Marginal note:Disclosure to Minister

  (3) On request, the manufacturer, importer or seller, as the case may be, must provide the Minister with the document referred to in subsection (1).

Reporting

Marginal note:Information to Minister

• 31 (1) Every person that manufactures, imports, sells or offers for sale a composite wood product that contains formaldehyde must provide the Minister with the following information in writing:

  • (a) its name, civic and postal addresses, telephone number and, if any, email address as well as the name of its contact person; and

  • (b) a statement of whether it manufactures, imports, sells or offers for sale composite wood panels, laminated products, component parts or finished goods, as the case may be.

• Marginal note:Timeframe

  (2) The person must provide the information within 60 days after the later of the day on which these Regulations come into force and the day on which it commences the manufacturing, importing, selling or offering for sale.

• Marginal note:Requirement to update

  (3) If any of the information changes, the person must provide updated information to the Minister no later than the 30th day after the day on which the change occurs.

Transitional Provisions

Marginal note:Composite wood product

32 These Regulations do not apply to a composite wood product that is manufactured in Canada or imported before the day on which these Regulations come into force if the person that manufactures, imports, sells or offers for sale the composite wood product retains in its records documentation establishing the date of the product’s manufacture or import, as the case may be.

Marginal note:Laminated product

33 Sections 5 to 9, 11 to 19 and 26 to 30 do not apply in respect of a laminated product, excluding the core or platform, until the day that is five years after the day on which these Regulations come into force.

Coming into Force

Marginal note:After publication — 18 months

34 These Regulations come into force 18 months after the day on which they are published in the Canada Gazette, Part II.