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

Interpretation

Marginal note:Definitions

1 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:

• (a) hardwood plywood;

• (b) particleboard;

• (c) medium-density fibreboard;

• (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:

• (a) a wet process;

• (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

• (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

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

• (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)

Marginal note:Incorporation by reference

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

Application

Marginal note:Application

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

Marginal note:Non-application

4 These Regulations do not apply in respect of

• (a) curved plywood;

• (b) finger-jointed lumber;

• (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;

• (d) hardboard;

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

• (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;

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

• (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;

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

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

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

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

Prohibitions

Marginal note:Import, sell or offer for sale

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

• (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);

• (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

• (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

Marginal note:Emission limits — primary testing

• 6 (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):

  • (a) for hardwood plywood, 0.05 ppm;

  • (b) for particleboard, 0.09 ppm;

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

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

  • (e) for a laminated product, 0.05 ppm.

• 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).

Marginal note:Primary testing

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

  • (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);

  • (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

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

• Marginal note:Frequency

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

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

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

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

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

• 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

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

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

• 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

  • (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

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

Marginal note:Quality control testing

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

  • (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);

  • (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

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

• Marginal note:Frequency — selection and testing

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

  • (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;

  • (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

  • (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).

• Marginal note:Frequency of verification

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

• Marginal note:Correlation of results

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

  • (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

  • (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.

• 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

  • (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

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

• 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)

  • (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

  • (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.