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

Marginal note:Test chamber conditions and operation

9 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

Marginal note:General rule

• 10 (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).

• 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.

• Marginal note:Emission limits

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

  • (a) for hardwood plywood, 0.05 ppm;

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

  • (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).

• 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.

• 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.

• 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

Marginal note:General rule

• 11 (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,

  • (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

  • (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).

• 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.

• Marginal note:Emission limits

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

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

  • (b) for particleboard, 0.08 ppm;

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

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

  • (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.

• 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

  • (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;

  • (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

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

• Marginal note:Additional emission limits

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

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

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

  • (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).

• 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.

• 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.

• 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

Marginal note:Selection

• 12 (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.

• 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.

• 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.

Marginal note:Handling of specimen

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

Marginal note:Shipping of specimen

14 During shipment of the specimen,

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

• (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.

Marginal note:Inspection of wrapping

• 15 (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.

• Marginal note:Wrapping unopened

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

• Marginal note:Rejection of specimen

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

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

  • (b) the specimen is damaged or contaminated; or

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

• 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

Marginal note:Exceeding limit

• 16 (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.

• 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).

• Marginal note:Treatment

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

  • (a) using a chemical formaldehyde scavenger;

  • (b) aging the lot; or

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

• 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.

• 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.

• 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.

• 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

  • (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

  • (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.

• 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

Marginal note:Accredited laboratory

17 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:

• (a) it is accredited

  • (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or

  • (ii) under the Environment Quality Act, CQLR, c. Q-2; and

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

Third-party Certifier

Marginal note:Qualifications

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

• (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;

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

• (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.

Marginal note:Declaration of certification

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

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

  • (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).

• Marginal note:Contents of declaration

  (2) The declaration of certification must include

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

  • (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;

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

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

• Marginal note:Invalidity — declaration of certification

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

  • (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

  • (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).

• 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

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

  • (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).