Products Containing Mercury Regulations (SOR/2014-254)
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Regulations are current to 2024-11-26 and last amended on 2015-11-08. Previous Versions
Products Containing Mercury Regulations
SOR/2014-254
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2014-11-07
Products Containing Mercury Regulations
P.C. 2014-1244 2014-11-06
Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on February 26, 2011, a copy of the proposed Products Containing Mercury Regulations, substantially in the annexed form, under the title Regulations Respecting Products Containing Certain Substances Listed in Schedule 1 to the Canadian Environmental Protection Act, 1999, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;
Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;
Return to footnote cS.C. 2002, c. 7, s. 124
And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Therefore, His Excellency the Governor General in Council, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999Footnote b, on the recommendation of the Minister of the Environment and the Minister of Health, makes the annexed Products Containing Mercury Regulations.
Application
Marginal note:Application
1 (1) Subject to section 2, these Regulations apply to any product that contains mercury.
Marginal note:Mercury and its compounds
(2) For the purposes of these Regulations, mercury includes any of its compounds.
Marginal note:Non-application
2 These Regulations do not apply to
(a) waste;
(b) a product that is at the end of its useful life and that is intended to be recycled;
(c) a food, drug, or cosmetic as defined in section 2 of the Food and Drugs Act;
(d) a veterinary biologic as defined in subsection 2(1) of the Health of Animals Act;
(e) a surface coating material as defined in subsection 1(1) of the Surface Coating Materials Regulations or a surface coating material applied to a toy regulated under the Toys Regulations;
(f) a pest control product as defined in subsection 2(1) of the Pest Control Products Act;
(g) a feed as defined in section 2 of the Feeds Act;
(h) a fertilizer as defined in section 2 of the Fertilizers Act;
(i) an explosive regulated under the Explosives Act;
(j) ammunition and explosives under the direction or control of the Minister of National Defence;
(k) a product, other than a battery, that has a mercury concentration of 0.1% or less by weight in homogeneous materials;
(l) a battery, other than a button cell battery, that has a mercury concentration of 0.0005% or less by weight in homogeneous materials;
(m) beginning on January 1, 2016, a button cell battery that has a mercury concentration of 0.0005% or less by weight in homogeneous materials;
(n) from January 1, 2016 until December 31, 2019, a button cell battery that is incorporated into a medical device that is intended to remain in the body for at least 30 consecutive days;
(o) ores, concentrates and by-products of metallurgic operations; and
(p) an on-road vehicle as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations that is of the 2016 model year or of a previous model year as determined under section 5 of those Regulations.
Prohibitions
Marginal note:Manufacture or import
3 A person must not manufacture or import any product that contains mercury unless
(a) the product belongs to a product category set out in column 1 of the schedule, the maximum total quantity of mercury contained in the product is less than or equal to the quantity set out in column 2 and the person manufactures or imports the product on or before the end date set out in column 3; or
(b) the person holds a permit issued under subsection 5(1).
Permits
Marginal note:Application
4 An application for a permit must be submitted to the Minister in accordance with section 13 and must contain the following information and documents:
(a) respecting the applicant,
(i) their name, civic and postal addresses, telephone number and, if any, fax number and email address, and
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their duly authorized representative;
(b) respecting the product,
(i) its common or generic name and its trade name, if any,
(ii) the total quantity of mercury contained in the product, expressed in milligrams,
(iii) the estimated quantity to be manufactured or imported by the applicant in a calendar year, and
(iv) an identification and description of each known use;
(c) evidence that, at the time of the application, there is no technically or economically feasible alternative to or substitute for the product that
(i) achieves a similar result as would be achieved by using the product containing mercury, and
(ii) has a less harmful effect on the environment or on human health than the product containing mercury;
(d) a copy of a plan that identifies and describes the measures that the applicant will take to minimize or eliminate any harmful effect that the mercury contained in the product has or may have on the environment and human health, including measures to ensure that the mercury is handled safely and is not released into the environment during normal use of the product and at the end of its useful life;
(e) a statement that the plan is to be implemented within 30 days after the day on which the permit is issued; and
(f) the civic and postal addresses of the location where the information and supporting documents are kept.
Marginal note:Issuance
5 (1) Subject to subsection (2), the Minister must issue the permit if the following conditions are met:
(a) the applicant has established that, at the time of the application, there is no technically or economically feasible alternative to or substitute for the product that
(i) achieves a similar result as would be achieved by using the product containing mercury, and
(ii) has a less harmful effect on the environment or on human health than the product containing mercury; and
(b) the applicant has submitted the plan referred to in paragraph 4(d), and that plan sets out measures that can reasonably be regarded as measures that will minimize or eliminate any harmful effect that the mercury contained in the product has or may have on the environment and human health.
Marginal note:Refusal
(2) The Minister must refuse to issue a permit if
(a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; or
(b) the information and documents required under section 4 have not been provided or are insufficient to enable the Minister to process the application.
Marginal note:Expiry
(3) A permit expires three years after the day on which it is issued, unless it is renewed in accordance with subsection 6(2).
Marginal note:Renewal of permit — application
6 (1) In order to have a permit renewed, a permit holder must submit to the Minister a renewal application, in accordance with section 4, at least 90 days before the day on which the permit expires and must include the number of the permit in that renewal application.
Marginal note:Renewal
(2) The Minister must renew the permit if the conditions in subsection 5(1) are met.
Marginal note:Grounds for revocation
7 (1) The Minister must revoke a permit if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information.
Marginal note:Conditions for revocation
(2) Before revoking a permit, the Minister must provide the permit holder with
(a) written reasons for the revocation; and
(b) an opportunity to make written representations in respect of the revocation.
Labelling
Marginal note:Label — products containing mercury
8 (1) Subject to subsections (3) to (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) the statement “Contains mercury / Contient du mercure”;
(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 to the effect that the product should be disposed of or recycled in accordance with the applicable laws.
Marginal note:Information
(2) The information must
(a) appear in both official languages;
(b) be presented in a font size of at least 10 points with characters that are at least 3 mm in height, that are legible and indelible and that are impressed, embossed or in a colour that contrasts with the label’s background or the colour of the product, as applicable;
(c) be enclosed by a border; and
(d) be easily distinguishable from other graphic material on the product or its package.
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 if the package is too small to accommodate the information, in a notice attached to the product or in a manual that accompanies the product. The notice or manual may provide the address of a website where the relevant information is available and must be provided
(i) in the case of a notice, in both official languages, and
(ii) in the case of a manual, in English, French or both official languages, as requested by the first retail purchaser.
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 in a manual that accompanies the product. The notice or manual may provide the address of a website where the relevant information is available and must be provided
(i) in the case of a notice, in both official languages, and
(ii) in the case of a manual, in English, French or both official languages, as requested by the first retail purchaser.
Marginal note:Non-application
(5) Subsections (1) to (4) do not apply to
(a) products belonging to a product category referred to in any of items 31 to 34, column 1, of the schedule; or
(b) products that are manufactured for export.
Marginal note:Hg Symbol
9 (1) Any person that manufactures or imports any of the following products must ensure that the symbol Hg is indicated 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 it 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, in the following location:
(a) in the case of a product belonging to a product category referred to in any of items 2 to 9, 12 to 14, 22 or 23, column 1, of the schedule, in a readily visible location on the product; and
(b) in the case of a product that contains a product belonging to a product category referred to in item 10 or 11, column 1, of the schedule, in a readily visible location on an external surface of the product.
Marginal note:Small product
(2) Despite subsection (1), if a product referred to in paragraph (1)(a) 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.
Testing Requirements
Accredited Laboratory
Marginal note:Accredited laboratory
10 Any determination of total quantity of mercury made for the purposes of these Regulations must be conducted
(a) by a laboratory that is accredited by a Canadian accrediting body under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, and the scope of whose accreditation includes the analytical method used to make the determination; or
(b) by a laboratory that is accredited under the Environment Quality Act, R.S.Q., c. Q-2, as amended from time to time, and the scope of whose accreditation includes the analytical method used to make the determination.
Determination of the Total Quantity of Mercury in Electrotechnical Products
Marginal note:Total quantity of mercury
11 The total quantity of mercury contained in an electrotechnical product is determined using the International Electrotechnical Commission standard IEC 62321-4:2013, 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.
Report
Marginal note:Reporting requirements
12 (1) Any person that manufactures or imports a product that contains mercury — other than a product belonging to the product category referred to in item 34, column 1, of the schedule — must submit a report to the Minister in respect of the 2016 calendar year and every third calendar year after that year, on or before March 31 of the calendar year following the year in respect of which the report is prepared.
Marginal note:Required information
(2) The report must include the following information:
(a) respecting the person,
(i) their name, civic and postal addresses, telephone number and, if any, fax number and email address, and
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their duly authorized representative; and
(b) respecting the product,
(i) its common or generic name and its trade name, if any,
(ii) the name of the product category, referred to in the schedule, to which the product belongs or the number of the permit issued under subsection 5(1), as the case may be,
(iii) the total quantity of mercury contained in the product, expressed in milligrams,
(iv) the quantity manufactured during the calendar year in question, if applicable, and
(v) the quantity imported during the calendar year in question, if applicable.
Marginal note:Component subject to these Regulations
(3) Subsection (1) does not apply to a person that manufactures a product the mercury content of which is contained in a component that is itself a product that was subject to these Regulations at the time of its manufacture or import.
Format for Submission
Marginal note:Electronic submission
13 (1) Any information required to be submitted 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 duly authorized representative.
Marginal note:Submission in writing
(2) If the Minister has not specified an electronic form and format or if 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 duly authorized representative. If no form and format have been specified, the information may be sent in any form and format.
Record Keeping
Marginal note:Records
14 (1) Any person that manufactures or imports a product that contains mercury must maintain records that demonstrate that the product was manufactured or imported in accordance with the Act and these Regulations and that include the following information:
(a) in the case of a person that manufactures a product,
(i) the common or generic name of the product manufactured, and its trade name, if any,
(ii) the name of the product category, referred to in the schedule, to which the product belongs or the number of the permit issued under subsection 5(1), as the case may be,
(iii) the quantity of the product manufactured at each manufacturing plant,
(iv) the total quantity of mercury contained in the product, expressed in milligrams, and
(v) the date of manufacture; and
(b) in the case of a person that imports a product,
(i) the common or generic name of the product imported, and its trade name, if any,
(ii) the name of the product category, referred to in the schedule, to which the product belongs or the number of the permit issued under subsection 5(1), as the case may be,
(iii) the quantity of the product imported,
(iv) the total quantity of mercury contained in the product, expressed in milligrams,
(v) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the principal place of business of the shipper,
(vi) the port of entry at which the product was imported,
(vii) the date of import,
(viii) the Harmonized Commodity Description and Coding System number for the product,
(ix) the importer number for the product shipped, and
(x) copies of the bill of lading, invoice and all documents submitted to the Canada Border Services Agency for the product shipped.
Marginal note:Retention of records
(2) The records and supporting documents must be kept for a period of at least five years after the day on which the records are made.
Marginal note:Retention of information submitted to Minister
15 Any person that submits information to the Minister under these Regulations must keep a copy of that information and any supporting documents for a period of at least five years after the day on which the information is submitted.
Marginal note:Place of retention
16 (1) The records, copies of information submitted to the Minister and supporting documents must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If they are kept at any place other than the person’s principal place of business, the person must provide the Minister with the civic address of that place.
Marginal note:Change of address
(2) If the civic address referred to in subsection (1) changes, the person must notify the Minister in writing within 30 days after the change.
Coming into Force
Marginal note:One year after registration
17 These Regulations come into force one year after the day on which they are registered.
SCHEDULE(Paragraphs 3(a), 8(5)(a) and 9(a) and (b), subsection 12(1) and subparagraphs 12(2)(b)(ii) and 14(1)(a)(ii) and (b)(ii))
Maximum Total Quantity of Mercury for Certain Products
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Product Category | Maximum Total Quantity of Mercury in the Product | End date |
| 1 | Dental amalgam | No limit | None |
| 2 | Compact fluorescent lamp for general lighting purposes | ||
| 4 mg per lamp | None | |
| 5 mg per lamp | None | |
| 3 | Straight fluorescent lamp for general lighting purposes | ||
| 3 mg per lamp | None | |
| 4 mg per lamp | None | |
| 5 mg per lamp | None | |
| 5 mg per lamp | None | |
| 10 mg per lamp | None | |
| 15 mg per lamp | None | |
| 4 | Non-linear fluorescent lamp for general lighting purposes, including a circular or square fluorescent lamp | 15 mg per lamp | None |
| 5 | Induction fluorescent lamp for general lighting purposes | 15 mg per lamp | None |
| 6 | Mercury vapour lamp for general lighting purposes | ||
| 40 mg per lamp | December 31, 2017 | |
| 75 mg per lamp | December 31, 2017 | |
| 250 mg per lamp | December 31, 2017 | |
| 7 | High pressure sodium vapour lamp for general lighting purposes | 40 mg per arc tube | None |
| 8 | Metal halide lamp for general lighting purposes | ||
| 40 mg per lamp | None | |
| 75 mg per lamp | None | |
| 85 mg per lamp | None | |
| 250 mg per lamp | None | |
| 9 | Automobile headlamp | 10 mg per lamp | None |
| 10 | Cold cathode fluorescent lamp | ||
| 10 mg per lamp | None | |
| 13 mg per lamp | None | |
| 11 | External electrode fluorescent lamp | ||
| 5 mg per lamp | None | |
| 13 mg per lamp | None | |
| 12 | Cold cathode tubing for signage or cove lighting | 100 mg per 2.44 m (8 feet) | None |
| 13 | Electrode for use in cold cathode tubing for signage or cove lighting | 100 mg per electrode | None |
| 14 | Fluorescent and discharge lamps other than those referred to in items 2 to 13 | No limit | None |
| 15 | Very high accuracy capacitance and loss measurement bridges and high frequency RF switches and relays in monitoring and control instruments | 20 mg per bridge, switch or relay | None |
| 16 | Thermometer for use in a laboratory for scientific research applications | No limit | None |
| 17 | Thermometer or other scientific instrument required to be used by an ASTM International standard | No limit | None |
| 18 | Scientific instrument used for the calibration of medical devices or for the calibration of scientific research instruments | No limit | None |
| 19 | Laboratory analytical standard or reference material | No limit | None |
| 20 | Scientific instrument used as reference for clinical validation studies | No limit | None |
| 21 | Scientific instrument used for measuring the quantity of mercury in the environment | No limit | None |
| 22 | Radiation light detector | No limit | None |
| 23 | Infrared light detector | No limit | None |
| 24 | Low mercury chloride reference electrode | No limit | None |
| 25 | Low mercury sulphate reference electrode | No limit | None |
| 26 | Low mercury oxide reference electrode | No limit | None |
| 27 | Professional, commercial and industrial photographic film | No limit | None |
| 28 | Professional, commercial and industrial photographic paper | No limit | None |
| 29 | Composite resins and adhesive resins used in the aerospace industry | 2% by weight | None |
| 30 | Catalyst used in the manufacturing of polyurethane | No limit | None |
| 31 | Button cell battery | 25 mg per battery | December 31, 2015 |
| 32 | Medical device that is intended to remain in the body for at least 30 consecutive days | No limit | December 31, 2019 |
| 33 | In-vitro diagnostic assays and reagents | No limit | December 31, 2019 |
| 34 | Replacement part (see note) if the product contained the part
| No limit | None |
Note: Replacement part means a part that is required for a product to continue to function and for which there is no mercury-free alternative or product listed in this schedule that could serve as a direct substitute.
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
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