Products Containing Mercury Regulations

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, 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;

• (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 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;

• (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.