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

Regulations are current to 2022-11-16

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.

 
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