Formaldehyde Emissions from Composite Wood Products Regulations

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).