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

Regulations are current to 2022-09-22

Formaldehyde Emissions from Composite Wood Products Regulations

SOR/2021-148

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2021-06-17

Formaldehyde Emissions from Composite Wood Products Regulations

P.C. 2021-590 2021-06-17

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 June 29, 2019, a copy of the proposed Formaldehyde Emissions from Composite Wood Products Regulations, 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;

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;

And whereas, in the opinion of the Administrator 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 Administrator in Council, sufficient protection to the environment and human health;

Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Formaldehyde Emissions from Composite Wood Products Regulations.

Interpretation

The following provision is not in force.

Marginal note:Definitions

 The following definitions apply in these Regulations.

ASTM

ASTM means ASTM International, formerly known as the American Society for Testing and Materials. (ASTM)

ASTM D6007

ASTM D6007 means the standard ASTM D6007, entitled Standard Test Method for Determining Formaldehyde Concentrations in Air from Wood Products Using a Small-Scale Chamber. (ASTM D6007)

ASTM E1333

ASTM E1333 means the standard ASTM E1333, entitled Standard Test Method for Determining Formaldehyde Concentrations in Air and Emission Rates from Wood Products Using a Large Chamber. (ASTM E1333)

component part

component part means a product into which a composite wood panel or a laminated product is incorporated and that is a finished good or is to be contained in one. (composant)

composite wood panel

composite wood panel means any of the following products:

  • The following provision is not in force.

    (a) hardwood plywood;

  • The following provision is not in force.

    (b) particleboard;

  • The following provision is not in force.

    (c) medium-density fibreboard;

  • The following provision is not in force.

    (d) thin medium-density fibreboard. (panneau de bois composite)

composite wood product

composite wood product means a composite wood panel, a laminated product, a component part or a finished good. (produit de bois composite)

Directive

Directive means the Directive concerning testing for formaldehyde emissions, dated June 2021 and published by the Government of Canada on its website. (directive)

finished good

finished good means any product into which a composite wood panel or a laminated product is incorporated and that is to be sold to an end-user but does not include site-built buildings or site-built building improvements. (produit fini)

hardboard

hardboard means a panel composed of cellulosic fibres, consolidated under heat and pressure in a hot press by one of the following processes:

  • The following provision is not in force.

    (a) a wet process;

  • The following provision is not in force.

    (b) a dry process that uses phenolic resin or a resin in which there is no formaldehyde as part of the resin cross-linking structure; or

  • The following provision is not in force.

    (c) a wet-formed and dry-pressed process. (panneau dur)

hardwood plywood

hardwood plywood means a decorative panel that is manufactured for non-structural applications and that is made from plies of veneer that are glued to a core of composite or veneer or a combination of composite and veneer. (contreplaqué de feuillus)

laminated product

laminated product means a product that is

  • The following provision is not in force.

    (a) composed of a veneer that is glued to a core or platform consisting of a composite wood panel or veneers; and

  • The following provision is not in force.

    (b) made by a manufacturer of component parts or finished goods for incorporation into the component parts or finished goods. (produit lamellé)

medium-density fibreboard

medium-density fibreboard means a panel that is greater than 8 mm in thickness and that is composed of cellulosic fibres made by dry forming and dry pressing a resinated fibre mat but does not include hardboard. (panneau de fibres à densité moyenne)

particleboard

particleboard means a panel composed of discrete particles of cellulosic material consolidated under pressure with resin but does not include a panel composed of cellulosic material made from fibres, flakes or strands. (panneau de particules)

production line

production line means a set of operations and equipment used to make composite wood panels or laminated products in one facility. (chaîne de production)

product type

product type means a type of composite wood panel or laminated product, made by the same manufacturer with the same type of resin, that differs from another product type based on its composition and formaldehyde emissions. (type de produit)

thin medium-density fibreboard

thin medium-density fibreboard means a panel that has a maximum thickness of 8 mm and that is composed of cellulosic fibres made by dry forming and dry pressing a resinated fibre mat but does not include hardboard. (panneau de fibres à densité moyenne mince)

TSCA Title VI

TSCA Title VI means Part 770, subchapter R (Toxic Substances Control Act), chapter I, Title 40 of the United States Code of Federal Regulations, entitled Formaldehyde Standards for Composite Wood Products, as amended from time to time. (titre VI de la TSCA)

veneer

veneer means a sheet of wood or woody grass with a maximum thickness of 6.4 mm that is rotary cut, sliced or sawed from a log. (placage)

The following provision is not in force.

Marginal note:Incorporation by reference

 In these Regulations, any reference to a standard is to be read as a reference to the most recent version of that standard.

Application

The following provision is not in force.

Marginal note:Application

 Subject to section 4, these Regulations apply in respect of any composite wood product that contains formaldehyde.

The following provision is not in force.

Marginal note:Non-application

 These Regulations do not apply in respect of

  • The following provision is not in force.

    (a) curved plywood;

  • The following provision is not in force.

    (b) finger-jointed lumber;

  • The following provision is not in force.

    (c) the following structural wood products in which moisture-resistant adhesives are used:

    • (i) plywood that complies with sections 6 and 7 of the Canadian Standards Association standard CSA O121, entitled Douglas fir plywood or CSA O151, entitled Canadian softwood plywood, or with section 5 of the National Institute of Standards and Technology standard NIST PS 1, entitled Voluntary Product Standard PS 1 Structural Plywood,

    • (ii) oriented strand board and panels that comply with section 5 and Appendix GA of the Canadian Standards Association standard CSA O325, entitled Construction sheathing, or with sections 5.2 to 5.4 of the National Institute of Standards and Technology standard NIST PS 2, entitled Voluntary Product Standard PS 2 Performance Standard for Wood Structural Panels,

    • (iii) composite lumber that complies with sections 4.3 and 6.4 to 6.10.2 of the standard ASTM D5456, entitled Standard Specification for Evaluation of Structural Composite Lumber Products,

    • (iv) glued-laminated timber that complies with sections 5.1, 5.3, 6.1 to 6.8.1 and 7 of the Canadian Standards Association standard CAN/CSA-O122, entitled Structural glued-laminated timber, or with sections 5 to 7 and 9 to 12 of the American National Standards Institute standard ANSI A190.1, entitled Standard for Wood Products – Structural Glued Laminated Timber,

    • (v) I-joists that comply with sections 5 and 6.2 to 6.6.3 of the standard ASTM D5055, entitled Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists, and

    • (vi) cross-laminated timber that complies with sections 5, 6, 7.2 to 7.2.1, 8.2, 8.3, 8.5 to 8.5.6.2 and 9.3 of the American National Standards Institute standard ANSI/APA PRG 320, entitled Standard for Performance-Rated Cross-Laminated Timber;

  • The following provision is not in force.

    (d) hardboard;

  • The following provision is not in force.

    (e) spools and packaging, including pallets, crates and dunnage;

  • The following provision is not in force.

    (f) composite wood products used in

    • (i) a vehicle other than a mobile home, motor home or recreational trailer,

    • (ii) any car or railway equipment that is designed for movement on its wheels on the rails of a railway,

    • (iii) a vessel, as defined in section 149 of the Canadian Environmental Protection Act, 1999, or

    • (iv) an aircraft;

  • The following provision is not in force.

    (g) windows that contain a composite wood product that represents less than 5% of the total volume of the window, including the glass;

  • The following provision is not in force.

    (h) exterior or garage doors that contain a composite wood product that either represents less than 3% of the total volume of the door or is made only with a no-added-formaldehyde resin or an ultra-low-emitting-formaldehyde resin;

  • The following provision is not in force.

    (i) composite wood products that are to be used for research and development activities;

  • The following provision is not in force.

    (j) composite wood products that are to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard;

  • The following provision is not in force.

    (k) composite wood products that are manufactured or imported for export only; and

  • The following provision is not in force.

    (l) second-hand goods and other finished goods after they have been acquired by a consumer for a purpose other than resale.

Prohibitions

The following provision is not in force.

Marginal note:Import, sell or offer for sale

 A person must not import, sell or offer for sale a composite wood product that contains formaldehyde unless

  • The following provision is not in force.

    (a) formaldehyde emissions from the composite wood panel or laminated product, or from every composite wood panel and laminated product incorporated into the component part or finished good, do not exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2);

  • The following provision is not in force.

    (b) in accordance with paragraph 28(1)(b) or subsection 29(1) or (2) or 30(1) or (2), as the case may be, the person retains a copy of a declaration of certification referred to in section 19 in respect of the product type; and

  • The following provision is not in force.

    (c) the person provides the information set out in section 31 to the Minister in accordance with that section.

Emission Limits and Testing

Composite Wood Panels and Laminated Products

The following provision is not in force.

Marginal note:Emission limits — primary testing

  • The following provision is not in force.

     (1) Formaldehyde emissions from a composite wood panel or laminated product must not exceed the following limits when the panel or product is tested in accordance with paragraph 7(1)(b):

    • The following provision is not in force.

      (a) for hardwood plywood, 0.05 ppm;

    • The following provision is not in force.

      (b) for particleboard, 0.09 ppm;

    • The following provision is not in force.

      (c) for medium-density fibreboard, 0.11 ppm;

    • The following provision is not in force.

      (d) for thin medium-density fibreboard, 0.13 ppm; and

    • The following provision is not in force.

      (e) for a laminated product, 0.05 ppm.

  • The following provision is not in force.

    Marginal note:Additional emission limit

    (2) Formaldehyde emissions from a composite wood panel or laminated product must not exceed the applicable correlated limit that is established in accordance with Section 3 of the Directive and verified by a third-party certifier when the panel or product is tested in accordance with paragraph 8(1)(b).

The following provision is not in force.

Marginal note:Primary testing

  • The following provision is not in force.

     (1) A manufacturer of composite wood panels or laminated products must, for each product type,

    • The following provision is not in force.

      (a) have a specimen of its composite wood panels or laminated products selected by a third-party certifier in accordance with the requirements set out in subsections 12(1) and (2);

    • The following provision is not in force.

      (b) have an accredited laboratory test the specimen in accordance with the requirements set out in ASTM E1333 or, if equivalence is established under subsection (3), ASTM D6007; and

    • The following provision is not in force.

      (c) have a third-party certifier verify the test.

  • The following provision is not in force.

    Marginal note:Frequency

    (2) The selection, testing and verification must be performed four times annually, during the following periods:

    • The following provision is not in force.

      (a) once during the period that begins on January 1 and ends on March 31;

    • The following provision is not in force.

      (b) once during the period that begins on April 1 and ends on June 30;

    • The following provision is not in force.

      (c) once during the period that begins on July 1 and ends on September 30; and

    • The following provision is not in force.

      (d) once during the period that begins on October 1 and ends on December 31.

  • The following provision is not in force.

    Marginal note:Equivalence of test methods

    (3) For the purpose of paragraph (1)(b), a manufacturer that decides to test the specimen in accordance with the requirements set out in ASTM D6007 must have an accredited laboratory establish the equivalence of ASTM D6007 to ASTM E1333 in the manner set out in Section 2 of the Directive and have the equivalence verified by a third-party certifier. The manufacturer must have the equivalence re-established and verified annually for the first three consecutive years after the day on which equivalence is established and every two years after that as well as

    • The following provision is not in force.

      (a) if a change is made to equipment, procedure or testing personnel that might affect test results; and

    • The following provision is not in force.

      (b) if there is reason to believe that the equivalence previously established between ASTM D6007 and ASTM E1333 is no longer valid.

  • The following provision is not in force.

    Marginal note:Exemption — laminated products

    (4) A manufacturer of laminated products is not required to have the selection, testing and verification referred to in subsection (1) performed for a product type if

    • The following provision is not in force.

      (a) in the case of a product type whose core or platform is a composite wood panel, formaldehyde emissions from the core or platform, prior to incorporation into the laminated product, do not exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2); and

    • The following provision is not in force.

      (b) the veneer is glued to the core or platform using a phenol-formaldehyde resin or a no-added-formaldehyde resin.

The following provision is not in force.

Marginal note:Quality control testing

  • The following provision is not in force.

     (1) A manufacturer of composite wood panels or laminated products must, for each product type,

    • The following provision is not in force.

      (a) select a specimen of its composite wood panels or laminated products, or have a specimen selected, in accordance with the requirements set out in subsections 12(1) and (2);

    • The following provision is not in force.

      (b) test the specimen, or have the specimen tested, in accordance with a test method that yields results that have been correlated, under subsection (4), with the results obtained by using ASTM E1333 or, if equivalence is established under subsection 7(3), ASTM D6007; and

    • The following provision is not in force.

      (c) have a third-party certifier verify the test.

  • The following provision is not in force.

    Marginal note:Frequency — selection and testing

    (2) The selection and testing referred to in paragraphs (1)(a) and (b) must be performed

    • The following provision is not in force.

      (a) in the case of hardwood plywood or a laminated product, for each product type,

      • (i) if the weekly amount manufactured is less than or equal to 9 290 m2, but more than 9 290 m2 is manufactured each month, once for every 9 290 m2 of the product type manufactured,

      • (ii) if the monthly amount manufactured is less than or equal to 9 290 m2, once during every month in which the product type is manufactured,

      • (iii) if the weekly amount manufactured is greater than 9 290 m2 but less than 18 581 m2, once a week per product type manufactured that week,

      • (iv) if the weekly amount manufactured is greater than or equal to 18 581 m2 but less than 37 161 m2, twice a week per product type manufactured that week, or

      • (v) if the weekly amount manufactured is greater than or equal to 37 161 m2, four times a week per product type manufactured that week;

    • The following provision is not in force.

      (b) in the case of particleboard, medium-density fibreboard or thin medium-density fibreboard, for each production line or product type, once every eight or twelve hours, depending on shift length, plus or minus one hour; and

    • The following provision is not in force.

      (c) in addition to the requirements specified in paragraphs (a) and (b), in the case of a composite wood panel or laminated product, once in any of the following circumstances:

      • (i) a change is made to the resin composition that increases the formaldehyde to urea ratio,

      • (ii) there is an increase of more than 10% in the amount of formaldehyde resin used per square metre or per composite wood panel or laminated product,

      • (iii) there is an increase of more than 20% in the adhesive application rate,

      • (iv) there is a decrease of more than 20% in the manufacturer’s established press time,

      • (v) the manufacturer believes that the emissions exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2).

  • The following provision is not in force.

    Marginal note:Frequency of verification

    (3) The verification referred to in paragraph (1)(c) must be performed on a quarterly basis.

  • The following provision is not in force.

    Marginal note:Correlation of results

    (4) For the purpose of paragraph (1)(b), the manufacturer must

    • The following provision is not in force.

      (a) have an accredited laboratory establish the correlation of results in the manner set out in Section 3 of the Directive and have a third-party certifier verify the correlation; and

    • The following provision is not in force.

      (b) have an accredited laboratory re-establish the correlation and a third-party certifier verify the re-established correlation in any of the following cases:

      • (i) a change is made to equipment, procedure or testing personnel that might affect test results,

      • (ii) formaldehyde emissions, when measured in two consecutive tests performed in accordance with paragraph 7(1)(b) for the same product type, exceed the applicable limit set out in subsection 6(1),

      • (iii) the results of one test performed in accordance with paragraph 7(1)(b), when compared with one test performed in accordance with paragraph 8(1)(b), do not correspond to the correlation established in accordance with paragraph (a) or re-established in accordance with this paragraph, as the case may be.

  • The following provision is not in force.

    Marginal note:Exemption — laminated products

    (5) A manufacturer of laminated products is not required to perform the selection and testing referred to in subsection (1) — or have the selection and testing performed — and have the testing verified for a product type if

    • The following provision is not in force.

      (a) in the case of a product type whose core or platform is a composite wood panel, formaldehyde emissions from the core or platform, prior to incorporation into the laminated product, do not exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2); and

    • The following provision is not in force.

      (b) the veneer is glued to the core or platform using a phenol-formaldehyde resin or a no-added-formaldehyde resin.

  • The following provision is not in force.

    Marginal note:Reduced-frequency testing — panels

    (6) Despite paragraph (2)(b), a manufacturer of particleboard, medium-density fibreboard or thin medium-density fibreboard may perform the selection and testing — or have the selection and testing performed — in accordance with paragraphs (1)(a) and (b)

    • The following provision is not in force.

      (a) once for every 24 hours of manufacturing if the average result of the 30 most recently performed tests on specimens of its product type remains two standard deviations below the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2) for the previous 60 days or more; and

    • The following provision is not in force.

      (b) once for every 48 hours of manufacturing if the average result of the 30 most recently performed tests on specimens of its product type remains three standard deviations below the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2) for the previous 60 days or more.

The following provision is not in force.

Marginal note:Test chamber conditions and operation

 A manufacturer must ensure that the conditions and operation of the formaldehyde test chamber that is used to perform testing using ASTM E1333 or ASTM D6007 are, despite the requirements in those test methods, in accordance with the requirements set out in Table 1 of Section 4 of the Directive.

Composite Wood Panel Made with a No-added-formaldehyde Resin

The following provision is not in force.

Marginal note:General rule

  • The following provision is not in force.

     (1) Despite subsections 7(2) and 8(2) and (3), if formaldehyde emissions from composite wood panels of a product type made with a no-added-formaldehyde resin that are measured during testing set out in subsection (2) do not exceed the limits set out in subsection (3), the manufacturer may have specimens of the product type selected and tested and the testing verified on the reduced-frequency basis set out in subsection (4).

  • The following provision is not in force.

    Marginal note:Selection, testing and verification

    (2) For the purpose of subsection (1), the manufacturer must, in accordance with subsection 7(1), have one specimen selected and one test performed and verified and, in accordance with subsection 8(1), it must select 13 specimens and perform 13 tests – or have the specimens selected and the tests performed – and have the tests verified over a period of three months during which the product type is manufactured.

  • The following provision is not in force.

    Marginal note:Emission limits

    (3) For the purpose of subsection (1), the formaldehyde emission limits are

    • The following provision is not in force.

      (a) for hardwood plywood, 0.05 ppm;

    • The following provision is not in force.

      (b) for particleboard, medium-density fibreboard or thin medium-density fibreboard, 0.06 ppm; and

    • The following provision is not in force.

      (c) for all types of composite wood panels, 0.04 ppm for 90% of the results of the 13 tests referred to in subsection (2) and performed in accordance with subsection 8(1).

  • The following provision is not in force.

    Marginal note:Reduced-frequency testing

    (4) For the purpose of subsection (1), the manufacturer must have one specimen selected and one test performed and verified in accordance with subsection 7(1) every two years to ensure that the formaldehyde emissions do not exceed the applicable limit set out in paragraph (3)(a) or (b), as the case may be.

  • The following provision is not in force.

    Marginal note:Change in resin or process

    (5) Despite subsection (1), if there is a change in the manufacturing process or in either the amount or formulation of resin used in the manufacture of the product type referred to in subsection (1) that might affect formaldehyde emissions, the manufacturer must have at least one specimen selected and, for each specimen, have one test performed and verified in accordance with subsection 7(1), and it must select at least one specimen and, for each specimen, perform one test – or have the specimen selected and the test performed – and have the test verified in accordance with subsection 8(1) to ensure that formaldehyde emissions do not exceed the applicable limit set out in paragraph (3)(a) or (b), as the case may be.

  • The following provision is not in force.

    Marginal note:Change in resin type

    (6) Despite subsection (1), if there is a change in the type of resin used in the manufacture of composite wood panels of a product type, the manufacturer may no longer have a specimen selected and a test performed and verified on the reduced-frequency basis unless the product type again meets the conditions under this section for reduced-frequency selection, testing and verification.

Composite Wood Panel or Laminated Product Made with an Ultra-low-emitting-formaldehyde Resin

The following provision is not in force.

Marginal note:General rule

  • The following provision is not in force.

     (1) Despite subsections 7(2) and 8(2) and (3), the manufacturer of a product type made with an ultra-low-emitting-formaldehyde resin may,

    • The following provision is not in force.

      (a) if formaldehyde emissions that are measured during the testing set out in subsection (2) do not exceed the limits set out in subsection (3), have specimens of the product type selected and tested and the testing verified on the reduced-frequency basis as set out in subsection (4); or

    • The following provision is not in force.

      (b) if formaldehyde emissions that are measured during the testing set out in subsection (2) do not exceed the limits set out in subsection (5), have specimens of the product type selected and tested and the testing verified on the reduced-frequency basis set out in subsection (6).

  • The following provision is not in force.

    Marginal note:Selection, testing and verification

    (2) For the purpose of subsection (1), the manufacturer must, in accordance with subsection 7(1), have two specimens selected and two tests performed and verified and, in accordance with subsection 8(1), it must select 26 specimens and perform 26 tests – or have the specimens selected and the tests performed – and have the tests verified over a period of six months during which the product type is manufactured.

  • The following provision is not in force.

    Marginal note:Emission limits

    (3) For the purpose of paragraph (1)(a), the formaldehyde emission limits are

    • The following provision is not in force.

      (a) for hardwood plywood or a laminated product, 0.05 ppm;

    • The following provision is not in force.

      (b) for particleboard, 0.08 ppm;

    • The following provision is not in force.

      (c) for medium-density fibreboard, 0.09 ppm;

    • The following provision is not in force.

      (d) for thin medium-density fibreboard, 0.11 ppm; and

    • The following provision is not in force.

      (e) for the following types of composite wood panels and laminated products for 90% of the results of the 26 tests referred to in subsection (2) and performed in accordance with subsection 8(1):

      • (i) for particleboard, 0.05 ppm,

      • (ii) for medium-density fibreboard, 0.06 ppm, and

      • (iii) for thin medium-density fibreboard, 0.08 ppm.

  • The following provision is not in force.

    Marginal note:Reduced-frequency testing

    (4) For the purpose of paragraph (1)(a), to ensure that the formaldehyde emissions do not exceed the applicable limit set out in any of paragraphs (3)(a) to (d), as the case may be, the manufacturer must

    • The following provision is not in force.

      (a) have one specimen selected and one test performed and verified in accordance with subsection 7(1) every six months during which the product type is manufactured;

    • The following provision is not in force.

      (b) select one specimen and perform one test – or have the specimen selected and the test performed – in accordance with paragraphs 8(1)(a) and (b), respectively, once a week for each production line of each product type manufactured that week with the exception of hardwood plywood or a laminated product that is manufactured in a quantity described in subparagraph 8(2)(a)(i) or (ii), in which case the selection and testing must be performed at the frequency set out in the applicable subparagraph; and

    • The following provision is not in force.

      (c) have a third-party certifier verify the tests referred to in paragraph (b) on a quarterly basis.

  • The following provision is not in force.

    Marginal note:Additional emission limits

    (5) For the purpose of paragraph (1)(b), the formaldehyde emission limits are

    • The following provision is not in force.

      (a) for hardwood plywood or a laminated product, 0.05 ppm;

    • The following provision is not in force.

      (b) for particleboard, medium-density fibreboard or thin medium-density fibreboard, 0.06 ppm; and

    • The following provision is not in force.

      (c) for all types of composite wood panels and laminated products, 0.04 ppm for 90% of the results of the tests referred to in subsection (2) and performed in accordance with subsection 8(1).

  • The following provision is not in force.

    Marginal note:Further-reduced-frequency testing

    (6) For the purpose of paragraph (1)(b), the manufacturer must have two specimens selected and two tests performed and verified in accordance with subsection 7(1) every two years to ensure that the formaldehyde emissions do not exceed the applicable limit set out in paragraph (5)(a) or (b), as the case may be.

  • The following provision is not in force.

    Marginal note:Change in resin or process

    (7) Despite subsection (1), if there is a change in the manufacturing process or in either the amount or formulation of resin used in the manufacture of the product type referred to in subsection (1) that might affect formaldehyde emissions, the manufacturer must have at least one specimen selected and, for each specimen, have one test performed and verified in accordance with subsection 7(1), and it must select at least five specimens and, for each specimen, perform one test – or have the specimens selected and the tests performed – and have the tests verified in accordance with subsection 8(1) to ensure that formaldehyde emissions do not exceed the applicable limits set out in subsection (3) or (5), as the case may be.

  • The following provision is not in force.

    Marginal note:Change in resin type

    (8) Despite subsection (1), if there is a change in the type of resin used in the manufacture of a product type, the manufacturer may no longer select specimens and perform tests – or have them selected and performed – and have tests verified on the reduced-frequency basis in subsection (4) or (6), as the case may be, unless the product type again meets the conditions under this section for reduced-frequency selection, testing and verification.

Specimens

The following provision is not in force.

Marginal note:Selection

  • The following provision is not in force.

     (1) A specimen of a composite wood panel or laminated product that is representative of the entire lot must be selected from a bundle, but not from the top or bottom of the bundle.

  • The following provision is not in force.

    Marginal note:Composite wood panel or laminated product

    (2) The specimen of a composite wood panel or laminated product selected must be in an unfinished condition and without a topcoat.

  • The following provision is not in force.

    Marginal note:Dead-stacked or wrapped

    (3) The specimen must be dead-stacked or wrapped airtight between the time of selection and the start of specimen conditioning.

The following provision is not in force.

Marginal note:Handling of specimen

 The specimen must be handled in accordance with the requirements set out in section 9.1 of ASTM D6007.

The following provision is not in force.

Marginal note:Shipping of specimen

 During shipment of the specimen,

  • The following provision is not in force.

    (a) the requirements set out in section 9.1 of ASTM E1333 must be met; and

  • The following provision is not in force.

    (b) wrapping must be of a type that will minimize the likelihood of puncture or other damage to the wrapping or specimen during shipment and must not be made of materials that could contaminate the specimen.

The following provision is not in force.

Marginal note:Inspection of wrapping

  • The following provision is not in force.

     (1) As soon as feasible after a specimen arrives at an accredited laboratory, the person responsible for the specimen must inspect the wrapping for signs of damage.

  • The following provision is not in force.

    Marginal note:Wrapping unopened

    (2) The wrapping must not be opened until specimen conditioning occurs.

  • The following provision is not in force.

    Marginal note:Rejection of specimen

    (3) The person responsible for the specimen must reject the specimen if

    • The following provision is not in force.

      (a) the wrapping in which the specimen is shipped is damaged;

    • The following provision is not in force.

      (b) the specimen is damaged or contaminated; or

    • The following provision is not in force.

      (c) conditioning of the specimen cannot be initiated within the time limit set out in subsection (4).

  • The following provision is not in force.

    Marginal note:Specimen conditioning

    (4) The manufacturer must ensure that the specimen is conditioned in accordance with Table 1 of Section 4 of the Directive and that the conditioning is initiated within 30 days after the day on which the composite wood panel or laminated product is manufactured.

Non-compliant Lot

The following provision is not in force.

Marginal note:Exceeding limit

  • The following provision is not in force.

     (1) A composite wood panel or laminated product is considered to be part of a non-compliant lot if formaldehyde emissions from the panel or product exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2) when the panel or product is tested in accordance with paragraph 7(1)(b) or 8(1)(b), respectively.

  • The following provision is not in force.

    Marginal note:Handling

    (2) If a manufacturer of composite wood panels or laminated products manufactures a non-compliant lot, the manufacturer must either destroy it, dispose of it at a waste disposal site or treat and re-test it until formaldehyde emissions do not exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2).

  • The following provision is not in force.

    Marginal note:Treatment

    (3) For the purpose of subsection (2), a non-compliant lot is treated by

    • The following provision is not in force.

      (a) using a chemical formaldehyde scavenger;

    • The following provision is not in force.

      (b) aging the lot; or

    • The following provision is not in force.

      (c) using any other method that reduces formaldehyde emissions.

  • The following provision is not in force.

    Marginal note:Re-test

    (4) For the purpose of subsection (2), a non-compliant lot is re-tested by the selection and testing of one specimen from the lot and the verification of the test in accordance with subsection 7(1), or by the selection and testing of three specimens from three bundles of the lot and the verification of the tests in accordance with subsection 8(1), and averaging the results of the three tests.

  • The following provision is not in force.

    Marginal note:Notice of non-compliance to purchaser

    (5) A person that has sold a composite wood panel or laminated product from a non-compliant lot must provide written notice of the non-compliance to the purchaser within two days after the day on which they become aware of the non-compliance.

  • The following provision is not in force.

    Marginal note:Notice of non-compliance to Minister

    (6) If the person referred to in subsection (5) is the manufacturer or importer, it must also provide written notice of the non-compliance to the Minister within the timeframe set out in that subsection.

  • The following provision is not in force.

    Marginal note:On receipt of notice

    (7) A manufacturer of component parts or finished goods and an importer or seller of composite wood panels or laminated products that purchases a composite wood panel or a laminated product from a non-compliant lot and receives a notice referred to in subsection (5) must

    • The following provision is not in force.

      (a) if they have not yet sold the composite wood panel or laminated product, isolate it before returning it to the manufacturer or handling it in accordance with subsection (2); or

    • The following provision is not in force.

      (b) if they have sold the composite wood panel or laminated product, send a copy of the notice, within two days after the day on which they receive it, to the purchaser.

  • The following provision is not in force.

    Marginal note:Component parts or finished goods

    (8) Subsection (7) does not apply to a manufacturer of component parts or finished goods or to an importer or seller of composite wood panels or laminated products that receives a notice of non-compliance under subsection (5) after the composite wood panel or laminated product is incorporated into a component part or finished good.

Accredited Laboratory

The following provision is not in force.

Marginal note:Accredited laboratory

 Any testing to measure formaldehyde emissions from a composite wood panel or laminated product performed for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the testing:

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (b) the scope of its accreditation includes testing to measure formaldehyde emissions from composite wood panels or laminated products.

Third-party Certifier

The following provision is not in force.

Marginal note:Qualifications

 For the purpose of section 19, a third-party certifier must meet the following conditions:

  • The following provision is not in force.

    (a) it is accredited under the International Organization for Standardization standard ISO/IEC 17065, entitled Conformity assessment — Requirements for bodies certifying products, processes and services, by an accreditation body that is a signatory to the International Accreditation Forum Multilateral Recognition Arrangement or that has membership in one of the regional accreditation groups that is recognized by the International Accreditation Forum;

  • The following provision is not in force.

    (b) it has a scope of accreditation that includes composite wood products and either these Regulations or TSCA Title VI; and

  • The following provision is not in force.

    (c) it is an accredited laboratory in accordance with section 17 or it has access to such a laboratory that uses ASTM D6007 or ASTM E1333, as the case may be.

The following provision is not in force.

Marginal note:Declaration of certification

  • The following provision is not in force.

     (1) A manufacturer may produce a declaration of certification for a product type that it manufactures if it has documentation demonstrating that

    • The following provision is not in force.

      (a) the product type is certified under TSCA Title VI; or

    • The following provision is not in force.

      (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).

  • The following provision is not in force.

    Marginal note:Contents of declaration

    (2) The declaration of certification must include

    • The following provision is not in force.

      (a) the name of the third-party certifier or the number assigned to the third-party certifier by the United States Environmental Protection Agency;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (c) a list of the product types in respect of which the declaration applies; and

    • The following provision is not in force.

      (d) for each product type, the date on which the requirement in paragraph (1)(a) or (b), as the case may be, was fulfilled.

  • The following provision is not in force.

    Marginal note:Invalidity — declaration of certification

    (3) A declaration of certification ceases to be valid for a product type if

    • The following provision is not in force.

      (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

    • The following provision is not in force.

      (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).

  • The following provision is not in force.

    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

    • The following provision is not in force.

      (a) the product type is re-certified under TSCA Title VI; or

    • The following provision is not in force.

      (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).

Labelling

The following provision is not in force.

Marginal note:Composite wood panels

  • The following provision is not in force.

     (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:

    • The following provision is not in force.

      (a) the name of the manufacturer of the composite wood panels;

    • The following provision is not in force.

      (b) the lot number; and

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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

    • The following provision is not in force.

      (a) they maintain a copy of the label; and

    • The following provision is not in force.

      (b) they make the information included on the label available to any person on request.

  • The following provision is not in force.

    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.

The following provision is not in force.

Marginal note:Other composite wood products

  • The following provision is not in force.

     (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:

    • The following provision is not in force.

      (a) the name of the manufacturer, importer or seller of the laminated products, component parts or finished goods;

    • The following provision is not in force.

      (b) the month and year of manufacture; and

    • The following provision is not in force.

      (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”.

  • The following provision is not in force.

    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

    • The following provision is not in force.

      (a) they retain a copy of the label; and

    • The following provision is not in force.

      (b) they make the information included on the label available to any person on request.

The following provision is not in force.

Marginal note:Optional information

 A label referred to in subsection 20(1) or 21(1) may also include

  • The following provision is not in force.

    (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);

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (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).

The following provision is not in force.

Marginal note:Area less than or equal to 929 cm2

 A composite wood product does not require a label if the area of its largest surface is less than or equal to 929 cm2.

The following provision is not in force.

Marginal note:Form of label

 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.

The following provision is not in force.

Marginal note:Appearance of information

 The information on a label referred to in subsection 20(1) or 21(1) must

  • The following provision is not in force.

    (a) appear in both English and French; and

  • The following provision is not in force.

    (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

The following provision is not in force.

Marginal note:Manufacturer — panels or laminated products

  • The following provision is not in force.

     (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:

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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:

    • The following provision is not in force.

      (a) the manufacturer’s principal place of business in Canada; or

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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).

  • The following provision is not in force.

    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.

  • The following provision is not in force.

    Marginal note:Additional disclosure to Minister

    (5) On request, the manufacturer must provide the following information to the Minister:

    • The following provision is not in force.

      (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

    • The following provision is not in force.

      (b) in respect of the shipping of composite wood panels or laminated products, the shipping invoice number.

  • The following provision is not in force.

    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.

The following provision is not in force.

Marginal note:Manufacturer — exempted laminated products

  • The following provision is not in force.

     (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:

    • The following provision is not in force.

      (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

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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:

    • The following provision is not in force.

      (a) the manufacturer’s principal place of business in Canada; or

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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).

The following provision is not in force.

Marginal note:Importer — composite wood panels or laminated products

  • The following provision is not in force.

     (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:

    • The following provision is not in force.

      (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); and

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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:

    • The following provision is not in force.

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

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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).

  • The following provision is not in force.

    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:

    • The following provision is not in force.

      (a) 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;

    • The following provision is not in force.

      (b) the lot number or date of manufacture of any composite wood panel or laminated product;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (d) the date on which the importer purchased any composite wood panel or laminated product;

    • The following provision is not in force.

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

    • The following provision is not in force.

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

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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.

The following provision is not in force.

Marginal note:Manufacturer or importer — component parts or finished goods

  • The following provision is not in force.

     (1) A manufacturer or importer of component parts or finished goods must retain, in English or French or both languages, 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.

  • The following provision is not in force.

    Marginal note:Exempted laminated products

    (2) Despite subsection (1), for any laminated product referred to in subsections 7(4) and 8(5) that is incorporated into a component part or finished good, the manufacturer or importer must retain a copy of the declaration of certification referred to in section 19 only for any composite wood panel that constitutes the core or platform of the laminated product.

  • The following provision is not in force.

    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,

    • The following provision is not in force.

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

    • The following provision is not in force.

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

  • The following provision is not in force.

    Marginal note:Retention period and location

    (4) The declaration referred to in subsections (1) and (2) and the notice and information must be retained for a period of five years after the day on which they are made at one of the following locations:

    • The following provision is not in force.

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

    • The following provision is not in force.

      (b) any other place in Canada where they can be inspected, if the manufacturer or 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.

  • The following provision is not in force.

    Marginal note:Disclosure to Minister — manufacturer or importer

    (5) On request, the manufacturer or importer must provide the Minister with a copy of the declaration referred to in subsections (1) and (2) and the manufacturer must provide the Minister with a copy of any written notice and information referred to in subsection (3).

  • The following provision is not in force.

    Marginal note:Additional disclosure to Minister — importer

    (6) On request, the importer must provide the following information to the Minister:

    • The following provision is not in force.

      (a) in relation to the composite wood panels or laminated products that are incorporated into the component parts or finished goods that the importer imports, the name of the manufacturer and the civic and postal addresses, telephone number and, if any, email address of its principal place of business;

    • The following provision is not in force.

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

    • The following provision is not in force.

      (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; and

    • The following provision is not in force.

      (d) the date on which the importer purchased any component part or finished good.

  • The following provision is not in force.

    Marginal note:Timeframe for additional disclosure

    (7) The importer must provide the information referred to in subsection (6) 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.

The following provision is not in force.

Marginal note:Seller — composite wood products

  • The following provision is not in force.

     (1) A person that sells or offers for sale composite wood products must retain, in English or French or both languages, a copy of the declaration of certification referred to in section 19 for the product types that it sells or offers for sale and for the product types that are incorporated into the component parts or finished goods that it sells or offers for sale.

  • The following provision is not in force.

    Marginal note:Exempted laminated products

    (2) Despite subsection (1), for any laminated product referred to in subsections 7(4) and 8(5) that the person referred to in subsection (1) sells or offers for sale or that is incorporated into a component part or finished good that the person sells or offers for sale, the person must retain a copy of the declaration of certification referred to in section 19 only for any composite wood panel that constitutes the core or platform of the laminated product.

  • The following provision is not in force.

    Marginal note:Retention period and location

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

    • The following provision is not in force.

      (a) the person’s principal place of business in Canada; or

    • The following provision is not in force.

      (b) any other place in Canada where the record can be inspected, if the person 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.

Reporting

The following provision is not in force.

Marginal note:Information to Minister

  • The following provision is not in force.

     (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:

    • The following provision is not in force.

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

    • The following provision is not in force.

      (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.

  • The following provision is not in force.

    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.

  • The following provision is not in force.

    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

The following provision is not in force.

Marginal note:Composite wood product

 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.

The following provision is not in force.

Marginal note:Laminated product

 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

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

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