Products Containing Mercury Regulations

SOR/2014-254CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2014-11-07
Products Containing Mercury Regulations
P.C. 2014-1244 2014-11-06Whereas, 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 February 26, 2011, a copy of the proposed Products Containing Mercury Regulations, substantially in the annexed form, under the title Regulations Respecting Products Containing Certain Substances Listed in Schedule 1 to the Canadian Environmental Protection Act, 1999, 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;

Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33

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;
Return to footnote cS.C. 2002, c. 7, s. 124
And whereas, in the opinion of the Governor 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 Governor in Council, sufficient protection to the environment and human health;
Therefore, His Excellency the Governor General in Council, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999Footnote b, on the recommendation of the Minister of the Environment and the Minister of Health, makes the annexed Products Containing Mercury Regulations.Application

Marginal note:Application

1 (1) Subject to section 2, these Regulations apply to any product that contains mercury.

Marginal note:Mercury and its compounds

(2) For the purposes of these Regulations, mercury includes any of its compounds.

Marginal note:Non-application

2 These Regulations do not apply to

(a) waste;
(b) a product that is at the end of its useful life and that is intended to be recycled;
(c) a food, drug, or cosmetic as defined in section 2 of the Food and Drugs Act;
(d) a veterinary biologic as defined in subsection 2(1) of the Health of Animals Act;
(e) a surface coating material as defined in subsection 1(1) of the Surface Coating Materials Regulations or a surface coating material applied to a toy regulated under the Toys Regulations;
(f) a pest control product as defined in subsection 2(1) of the Pest Control Products Act;
(g) a feed as defined in section 2 of the Feeds Act;
(h) a fertilizer as defined in section 2 of the Fertilizers Act;
(i) an explosive regulated under the Explosives Act;
(j) ammunition and explosives under the direction or control of the Minister of National Defence;
(k) a product, other than a battery, that has a mercury concentration of 0.1% or less by weight in homogeneous materials;
(l) a battery, other than a button cell battery, that has a mercury concentration of 0.0005% or less by weight in homogeneous materials;
(m) beginning on January 1, 2016, a button cell battery that has a mercury concentration of 0.0005% or less by weight in homogeneous materials;
(n) from January 1, 2016 until December 31, 2019, a button cell battery that is incorporated into a medical device that is intended to remain in the body for at least 30 consecutive days;
(o) ores, concentrates and by-products of metallurgic operations; and
(p) an on-road vehicle as defined in subsection 1(1) of the On-Road Vehicle and Engine Emission Regulations that is of the 2016 model year or of a previous model year as determined under section 5 of those Regulations.

Prohibitions

Marginal note:Manufacture or import

3 A person must not manufacture or import any product that contains mercury unless

(a) the product belongs to a product category set out in column 1 of the schedule, the maximum total quantity of mercury contained in the product is less than or equal to the quantity set out in column 2 and the person manufactures or imports the product on or before the end date set out in column 3; or
(b) the person holds a permit issued under subsection 5(1).

Permits

Marginal note:Application

4 An application for a permit must be submitted to the Minister in accordance with section 13 and must contain the following information and documents:

(a) respecting the applicant,

(i) their name, civic and postal addresses, telephone number and, if any, fax number and email address, and
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their duly authorized representative;

(b) respecting the product,

(i) its common or generic name and its trade name, if any,
(ii) the total quantity of mercury contained in the product, expressed in milligrams,
(iii) the estimated quantity to be manufactured or imported by the applicant in a calendar year, and
(iv) an identification and description of each known use;

(c) evidence that, at the time of the application, there is no technically or economically feasible alternative to or substitute for the product that

(i) achieves a similar result as would be achieved by using the product containing mercury, and
(ii) has a less harmful effect on the environment or on human health than the product containing mercury;

(d) a copy of a plan that identifies and describes the measures that the applicant will take to minimize or eliminate any harmful effect that the mercury contained in the product has or may have on the environment and human health, including measures to ensure that the mercury is handled safely and is not released into the environment during normal use of the product and at the end of its useful life;
(e) a statement that the plan is to be implemented within 30 days after the day on which the permit is issued; and
(f) the civic and postal addresses of the location where the information and supporting documents are kept.

Marginal note:Issuance

5 (1) Subject to subsection (2), the Minister must issue the permit if the following conditions are met:

(a) the applicant has established that, at the time of the application, there is no technically or economically feasible alternative to or substitute for the product that

(i) achieves a similar result as would be achieved by using the product containing mercury, and
(ii) has a less harmful effect on the environment or on human health than the product containing mercury; and

(b) the applicant has submitted the plan referred to in paragraph 4(d), and that plan sets out measures that can reasonably be regarded as measures that will minimize or eliminate any harmful effect that the mercury contained in the product has or may have on the environment and human health.

Marginal note:Refusal

(2) The Minister must refuse to issue a permit if

(a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; or
(b) the information and documents required under section 4 have not been provided or are insufficient to enable the Minister to process the application.

Marginal note:Expiry

(3) A permit expires three years after the day on which it is issued, unless it is renewed in accordance with subsection 6(2).

Marginal note:Renewal of permit — application

6 (1) In order to have a permit renewed, a permit holder must submit to the Minister a renewal application, in accordance with section 4, at least 90 days before the day on which the permit expires and must include the number of the permit in that renewal application.

Marginal note:Renewal

(2) The Minister must renew the permit if the conditions in subsection 5(1) are met.

Marginal note:Grounds for revocation

7 (1) The Minister must revoke a permit if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information.

Marginal note:Conditions for revocation

(2) Before revoking a permit, the Minister must provide the permit holder with

(a) written reasons for the revocation; and
(b) an opportunity to make written representations in respect of the revocation.

Labelling

Marginal note:Label — products containing mercury

8 (1) Subject to subsections (3) to (5), any person that manufactures or imports a product that contains mercury must indicate the following information in a readily visible location on the product and, if applicable, on its package by means of a stamp, label or other mark:

(a) the statement “Contains mercury / Contient du mercure”;
(b) safe handling procedures and the measures to be taken in case of accidental breakage, the address of a website where that information is available, or contact information for a person who can provide that information;
(c) the options available for the disposal and recycling of the product in accordance with the laws of the jurisdiction where the disposal or recycling is to take place, the address of a website where that information is available, or contact information for a person who can provide that information; and
(d) a statement to the effect that the product should be disposed of or recycled in accordance with the applicable laws.

Marginal note:Information

(2) The information must

(a) appear in both official languages;
(b) be presented in a font size of at least 10 points with characters that are at least 3 mm in height, that are legible and indelible and that are impressed, embossed or in a colour that contrasts with the label’s background or the colour of the product, as applicable;
(c) be enclosed by a border; and
(d) be easily distinguishable from other graphic material on the product or its package.

Marginal note:Small product

(3) If the product is too small to accommodate the information, the information must be indicated

(a) in a readily visible location on the product’s package; or

(b) if there is no package or if the package is too small to accommodate the information, in a notice attached to the product or in a manual that accompanies the product. The notice or manual may provide the address of a website where the relevant information is available and must be provided

(i) in the case of a notice, in both official languages, and
(ii) in the case of a manual, in English, French or both official languages, as requested by the first retail purchaser.

Marginal note:Component of a product

(4) If the mercury is contained in a component of the product, the information must be indicated

(a) in a readily visible location on the product; or

(b) in a notice attached to the product or in a manual that accompanies the product. The notice or manual may provide the address of a website where the relevant information is available and must be provided

(i) in the case of a notice, in both official languages, and
(ii) in the case of a manual, in English, French or both official languages, as requested by the first retail purchaser.

Marginal note:Non-application

(5) Subsections (1) to (4) do not apply to

(a) products belonging to a product category referred to in any of items 31 to 34, column 1, of the schedule; or
(b) products that are manufactured for export.

Marginal note:Hg Symbol

9 (1) Any person that manufactures or imports any of the following products must ensure that the symbol Hg is indicated in a font size of at least 10 points with characters that are at least 3 mm in height or within a pictogram of a least 7 mm in height such that it is legible and indelible and impressed, embossed or in a colour that contrasts with the label’s background or the colour of the product, as applicable, in the following location:

(a) in the case of a product belonging to a product category referred to in any of items 2 to 9, 12 to 14, 22 or 23, column 1, of the schedule, in a readily visible location on the product; and
(b) in the case of a product that contains a product belonging to a product category referred to in item 10 or 11, column 1, of the schedule, in a readily visible location on an external surface of the product.

Marginal note:Small product

(2) Despite subsection (1), if a product referred to in paragraph (1)(a) is too small to accommodate the symbol Hg in a font size of at least 10 points with characters that are at least 3 mm in height, the symbol Hg must be indicated in the closest possible font size and character height and be, at a minimum, in a font size of 7 points with characters that are 2 mm in height.

Testing Requirements

Accredited Laboratory

Marginal note:Accredited laboratory

10 Any determination of total quantity of mercury made for the purposes of these Regulations must be conducted

(a) by a laboratory that is accredited by a Canadian accrediting body under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, and the scope of whose accreditation includes the analytical method used to make the determination; or
(b) by a laboratory that is accredited under the Environment Quality Act, R.S.Q., c. Q-2, as amended from time to time, and the scope of whose accreditation includes the analytical method used to make the determination.

Determination of the Total Quantity of Mercury in Electrotechnical Products

Marginal note:Total quantity of mercury

11 The total quantity of mercury contained in an electrotechnical product is determined using the International Electrotechnical Commission standard IEC 62321-4:2013, entitled Determination of certain substances in electrotechnical products — Part 4: Mercury in polymers, metals and electronics by CV-AAS, CV-AFS, ICP-OES and ICP-MS, as amended from time to time.

Report

Marginal note:Reporting requirements

12 (1) Any person that manufactures or imports a product that contains mercury — other than a product belonging to the product category referred to in item 34, column 1, of the schedule — must submit a report to the Minister in respect of the 2016 calendar year and every third calendar year after that year, on or before March 31 of the calendar year following the year in respect of which the report is prepared.

Marginal note:Required information

(2) The report must include the following information:

(a) respecting the person,

(i) their name, civic and postal addresses, telephone number and, if any, fax number and email address, and
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their duly authorized representative; and

(b) respecting the product,

(i) its common or generic name and its trade name, if any,
(ii) the name of the product category, referred to in the schedule, to which the product belongs or the number of the permit issued under subsection 5(1), as the case may be,
(iii) the total quantity of mercury contained in the product, expressed in milligrams,
(iv) the quantity manufactured during the calendar year in question, if applicable, and
(v) the quantity imported during the calendar year in question, if applicable.

Marginal note:Component subject to these Regulations

(3) Subsection (1) does not apply to a person that manufactures a product the mercury content of which is contained in a component that is itself a product that was subject to these Regulations at the time of its manufacture or import.

Format for Submission

Marginal note:Electronic submission

13 (1) Any information required to be submitted to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and must bear the electronic signature of the person that manufactures or imports the product containing mercury or of their duly authorized representative.

Marginal note:Submission in writing

(2) If the Minister has not specified an electronic form and format or if it is not feasible to send the information electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the information must be sent on paper in the form and format specified by the Minister and signed by the person or their duly authorized representative. If no form and format have been specified, the information may be sent in any form and format.

Record Keeping

Marginal note:Records

14 (1) Any person that manufactures or imports a product that contains mercury must maintain records that demonstrate that the product was manufactured or imported in accordance with the Act and these Regulations and that include the following information:

(a) in the case of a person that manufactures a product,

(i) the common or generic name of the product manufactured, and its trade name, if any,
(ii) the name of the product category, referred to in the schedule, to which the product belongs or the number of the permit issued under subsection 5(1), as the case may be,
(iii) the quantity of the product manufactured at each manufacturing plant,
(iv) the total quantity of mercury contained in the product, expressed in milligrams, and
(v) the date of manufacture; and

(b) in the case of a person that imports a product,

(i) the common or generic name of the product imported, and its trade name, if any,
(ii) the name of the product category, referred to in the schedule, to which the product belongs or the number of the permit issued under subsection 5(1), as the case may be,
(iii) the quantity of the product imported,
(iv) the total quantity of mercury contained in the product, expressed in milligrams,
(v) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the principal place of business of the shipper,
(vi) the port of entry at which the product was imported,
(vii) the date of import,
(viii) the Harmonized Commodity Description and Coding System number for the product,
(ix) the importer number for the product shipped, and
(x) copies of the bill of lading, invoice and all documents submitted to the Canada Border Services Agency for the product shipped.

Marginal note:Retention of records

(2) The records and supporting documents must be kept for a period of at least five years after the day on which the records are made.

Marginal note:Retention of information submitted to Minister

15 Any person that submits information to the Minister under these Regulations must keep a copy of that information and any supporting documents for a period of at least five years after the day on which the information is submitted.

Marginal note:Place of retention

16 (1) The records, copies of information submitted to the Minister and supporting documents must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If they are kept at any place other than the person’s principal place of business, the person must provide the Minister with the civic address of that place.

Marginal note:Change of address

(2) If the civic address referred to in subsection (1) changes, the person must notify the Minister in writing within 30 days after the change.

Coming into Force

Marginal note:One year after registration

17 These Regulations come into force one year after the day on which they are registered.

SCHEDULE(Paragraphs 3(a), 8(5)(a) and 9(a) and (b), subsection 12(1) and subparagraphs 12(2)(b)(ii) and 14(1)(a)(ii) and (b)(ii))

MAXIMUM TOTAL QUANTITY OF MERCURY FOR CERTAIN PRODUCTS

Column 1
Column 2
Column 3

Item
Product Category
Maximum Total Quantity of Mercury in the Product
End date

1
Dental amalgam
No limit
None

2
Compact fluorescent lamp for general lighting purposes

(a) ≤ 25 watts
4 mg per lamp
None

(b) > 25 watts
5 mg per lamp
None

3
Straight fluorescent lamp for general lighting purposes

(a) T5, program start, with a normal lifetime (< 25,000 hours)
3 mg per lamp
None

(b) T8, 4-foot or less, instant and program start, medium bi-pin base, with a normal lifetime (< 25,000 hours)
4 mg per lamp
None

(c) T5, program start, with a long lifetime (≥ 25,000 hours)
5 mg per lamp
None

(d) T8, 4-foot or less, instant and program start, medium bi-pin base, with a long lifetime (≥ 25,000 hours)
5 mg per lamp
None

(e) T12, 4-foot or less, rapid start, medium bi-pin base
10 mg per lamp
None

(f) T12, 8-foot, instant start, single pin base
15 mg per lamp
None

4
Non-linear fluorescent lamp for general lighting purposes, including a circular or square fluorescent lamp
15 mg per lamp
None

5
Induction fluorescent lamp for general lighting purposes
15 mg per lamp
None

6
Mercury vapour lamp for general lighting purposes

(a) ≤ 250 watts
40 mg per lamp
December 31, 2017

(b) > 250 watts and ≤ 400 watts
75 mg per lamp
December 31, 2017

(c) > 400 watts and ≤ 1000 watts
250 mg per lamp
December 31, 2017

7
High pressure sodium vapour lamp for general lighting purposes
40 mg per arc tube
None

8
Metal halide lamp for general lighting purposes

(a) ≤ 300 watts
40 mg per lamp
None

(b) > 300 watts and ≤ 500 watts
75 mg per lamp
None

(c) > 500 watts and ≤ 700 watts
85 mg per lamp
None

(d) > 700 watts and ≤ 1000 watts
250 mg per lamp
None

9
Automobile headlamp
10 mg per lamp
None

10
Cold cathode fluorescent lamp

(a) 1.5 m or less in length
10 mg per lamp
None

(b) more than 1.5 m in length
13 mg per lamp
None

11
External electrode fluorescent lamp

(a) 1.5 m or less in length
5 mg per lamp
None

(b) more than 1.5 m in length
13 mg per lamp
None

12
Cold cathode tubing for signage or cove lighting
100 mg per 2.44 m (8 feet)
None

13
Electrode for use in cold cathode tubing for signage or cove lighting
100 mg per electrode
None

14
Fluorescent and discharge lamps other than those referred to in items 2 to 13
No limit
None

15
Very high accuracy capacitance and loss measurement bridges and high frequency RF switches and relays in monitoring and control instruments
20 mg per bridge, switch or relay
None

16
Thermometer for use in a laboratory for scientific research applications
No limit
None

17
Thermometer or other scientific instrument required to be used by an ASTM International standard
No limit
None

18
Scientific instrument used for the calibration of medical devices or for the calibration of scientific research instruments
No limit
None

19
Laboratory analytical standard or reference material
No limit
None

20
Scientific instrument used as reference for clinical validation studies
No limit
None

21
Scientific instrument used for measuring the quantity of mercury in the environment
No limit
None

22
Radiation light detector
No limit
None

23
Infrared light detector
No limit
None

24
Low mercury chloride reference electrode
No limit
None

25
Low mercury sulphate reference electrode
No limit
None

26
Low mercury oxide reference electrode
No limit
None

27
Professional, commercial and industrial photographic film
No limit
None

28
Professional, commercial and industrial photographic paper
No limit
None

29
Composite resins and adhesive resins used in the aerospace industry
2% by weight
None

30
Catalyst used in the manufacturing of polyurethane
No limit
None

31
Button cell battery
25 mg per battery
December 31, 2015

32
Medical device that is intended to remain in the body for at least 30 consecutive days
No limit
December 31, 2019

33
In-vitro diagnostic assays and reagents
No limit
December 31, 2019

34

Replacement part (see note) if the product contained the part

(a) before the coming into force of these Regulations; or
(b) at the time of its manufacture or import, if that manufacture or import was permitted under these Regulations

No limit
None

Note: Replacement part means a part that is required for a product to continue to function and for which there is no mercury-free alternative or product listed in this schedule that could serve as a direct substitute.