Products Containing Mercury Regulations

Contents

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, 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;^note^noteWhereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 of that Act;^noteAnd 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, 1999, on the recommendation of the Minister of the Environment and the Minister of Health, makes the annexed Products Containing Mercury Regulations.

Application

1Application#

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

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

2Non-application#

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, other than a device referred to in paragraph 2(a) of the Pest Control Products Regulations or a treated article as defined in subsection 1(1) of those Regulations;

(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 that has a mercury concentration of 0.0005% or less by weight;

(m)a measuring device that is imported solely to be displayed in a public exhibition for cultural or historical purposes;

(n)cold cathode tubing, or an electrode for use in cold cathode tubing, that

(i)is manufactured in or imported into Canada after December 31, 2025,

(ii)is needed to repair signage or cove lighting that is manufactured in, imported into or installed in Canada before December 31, 2025, and

(iii)contains a total quantity of mercury that is less than or equal to

(A)in the case of cold cathode tubing, 100 mg per 2.44 m (8 feet), and

(B)in the case of an electrode for use in cold cathode tubing, 100 mg;

(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.

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Prohibitions

3Manufacture or import#

(1)A person must not manufacture or import a product that contains mercury unless

(a)the product belongs to a category set out in column 1 of Schedule 1, contains a total quantity of mercury that is less than or equal to the maximum total quantity set out in column 2 and is manufactured or imported by the person on or before the end date set out in column 3;

(b)the product is a replacement part;

(c)the product is a replacement lamp; or

(d)the person holds a permit issued under subsection 5(1).

(2)A person must not sell or offer for sale a replacement lamp that belongs to a category set out in any of items 1 to 4, column 1, of Schedule 2 after the second anniversary of the end date set out in column 4.

(3)A replacement part is a part that

(a)will replace a component that a product contained before November 8, 2015, and is required for that product to function;

(b)cannot be replaced by a mercury-free alternative;

(c)does not belong to a category set out in column 1 of Schedule 1 or 2; and

(d)in the case of a cold cathode fluorescent lamp or an external electrode fluorescent lamp, is for use in an electronic display panel.

(4)A replacement lamp is a lamp that belongs to a category set out in column 1 of Schedule 2 and

(a)contains a total quantity of mercury that is less than or equal to the maximum total quantity set out in column 2;

(b)is manufactured in or imported into Canada on or after the start date set out in column 3 but no later than the end date set out in column 4; and

(c)will be used in a lighting fixture installed before the start date set out in column 3 or, in the case of a bulb for an automobile headlamp, in an on-road vehicle that was manufactured in or imported into Canada before that date.

3.1Obligation#

A person that manufactures or imports a product in contravention of section 3 must ensure that the product is sent for final disposal or recycling at a facility that is authorized, by the authorities of the jurisdiction in which it is located, to dispose of or recycle hazardous materials. However, an imported product may instead be returned to the person or facility from which it was imported.^note

Permits

4Application#

An application for a permit to manufacture or import a product that contains mercury must be submitted to the Minister 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 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, and

(ii)has a less harmful effect on the environment or on human health;

(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.

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5Issuance#

(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.

(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.

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

^note

6Application to renew permit#

(1)An application to renew a permit must be submitted at least 90 days before the day on which the permit expires and must include the permit number and the information and documents referred to in section 4.

(2)The Minister must renew the permit if the application is made in accordance with subsection (1) and the conditions set out in subsection 5(1) are met.

^note

7Grounds for revocation#

(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.

(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

8Label — products containing mercury#

(1)Subject to subsections (3), (4) and (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)a statement that the product contains mercury;

(a.1)if the mercury is contained in a component of the product, a statement indicating which component contains it;

(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 that the product should be disposed of or recycled in accordance with the applicable laws.

(2)[Repealed, SOR/2024-109, s. 6] (repealed)

(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 the package is too small to accommodate the information, in a notice attached to the product or a manual that accompanies the 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 a manual that accompanies the product.

(4.1)The person referred to in subsection (1) may, instead of indicating the information in a notice or manual in accordance with paragraph (3)(b) or (4)(b), indicate in the notice or manual the address of a website where the information is set out.

(4.2)The information must

(a)if the information is indicated on the product or the product’s package,

(i)be in both official languages,

(ii)be presented in a font size of at least 10 points with characters that are at least 3 mm in height, are legible and indelible and are impressed, embossed or in a colour that contrasts with the label’s background or the colour of the product or its package, as applicable,

(iii)be enclosed by a border, and

(iv)be easily distinguishable from other graphic material on the product or its package;

(b)if the information is indicated in a notice or on a website, be in both official languages; and

(c)if the information is indicated in a manual, be in English, French or both official languages, as requested by the first retail purchaser.

(5)Subsections (1) to (4.2) do not apply to

(a)replacement parts referred to in subsection 3(3); or

(b)products that are manufactured for export.

^note

9Hg Symbol#

(1)Any person that manufactures or imports a product belonging to a category set out in any of items 2 to 13, column 1, of Schedule 1 or in any item, column 1, of Schedule 2 must ensure that the symbol Hg is indicated in a readily visible location on the product 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 the symbol 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.

(2)Despite subsection (1), if a product 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.

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Determination of Total Quantity of Mercury

10Accredited laboratory#

(1)Any analysis performed to determine the total quantity of mercury for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:

(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)subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the total quantity of mercury.

(2)If no method has been recognized by a standards development organization in respect of the analysis performed to determine the total quantity of mercury and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.

^note

11Electrotechnical products#

The total quantity of mercury contained in an electrotechnical product is determined in accordance with the International Electrotechnical Commission standard IEC 62321-4, 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.^note

Report

12Reporting requirements#

(1)Any person that manufactures or imports a product that contains mercury, other than a replacement part referred to in subsection 3(3), must submit a report to the Minister

(a)in respect of the 2025 calendar year, on or before March 31, 2026;

(b)in respect of the 2027 calendar year, on or before March 31, 2028; and

(c)in respect of every third calendar year after the 2027 calendar year, on or before March 31 of the calendar year following the year in respect of which the report is prepared.

(2)The report must include the following information:

(a)respecting the person,

(i)their name, telephone number, fax number and email address, as well as the civic and postal addresses of their principal place of business in Canada, and

(ii)if applicable, the name, title, telephone number, fax number and email address of their authorized representative, as well as the civic and postal addresses of their authorized representative’s principal place of business in Canada; and

(b)respecting the product,

(i)its common or generic name and its trade name, if any,

(ii)if applicable, the name of the category set out in column 1 of Schedule 1 or 2 to which the product belongs or the number of the permit issued under subsection 5(1),

(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,

(v)the quantity imported during the calendar year in question, if applicable, and

(vi)the quantity exported during the calendar year in question, if applicable.

(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.

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Format for Submission

13Electronic submission#

(1)Any information provided 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 authorized representative.

(2)If the Minister has not specified an electronic form and format or 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 authorized representative. If no form and format have been specified, the information may be sent in any form and format.

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Record Keeping

14Records#

(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)if applicable, the name of the category set out in column 1 of Schedule 1 or 2 to which the product belongs or the number of the permit issued under subsection 5(1),

(iii)the quantity of the product manufactured at each manufacturing plant,

(iv)the total quantity of mercury contained in the product, expressed in milligrams,

(v)the date of manufacture, and

(vi)the quantity of the product that is exported; 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)if applicable, the name of the category set out in column 1 of Schedule 1 or 2 to which the product belongs or the number of the permit issued under subsection 5(1),

(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 tariff classification number for the product, as set out in the schedule to the Customs Tariff,

(ix)the business number assigned to the person by the Minister of National Revenue,

(x)copies of the bill of lading, invoice and all documents submitted to the Canada Border Services Agency for the product shipped, and

(xi)the quantity of the product that is exported.

(1.1)If the person has manufactured or imported a product in contravention of section 3, they must maintain records that demonstrate compliance with section 3.1.

(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.

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15Retention of information submitted to Minister#

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.

16Place of retention#

(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.

(1.1)Any records, copies of information submitted to the Minister and supporting documents that are kept in electronic form must be in a readily readable form.

(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.

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Coming into Force

17One year after registration#

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

Schedule 1 · (Paragraphs 3(1)(a) and (3)(c), subsection 9(1) and subparagraphs 12(2)(b)(ii) and 14(1)(a)(ii) and (b)(ii))

Schedule 2 · (Subsection 3(2), paragraph 3(3)(c), subsections 3(4) and 9(1), subparagraphs 12(2)(b)(ii) and 14(1)(a)(ii) and (b)(ii) and paragraph 13(a) of Schedule 1)

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.