Formaldehyde Emissions from Composite Wood Products Regulations

Formaldehyde Emissions from Composite Wood Products Regulations Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, 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; S.C. 2004, c. 15, s. 31 S.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 6c of that Act; S.C. 2015, c. 3, par. 172(d) 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, 1999b, makes the annexed Formaldehyde Emissions from Composite Wood Products Regulations. Definitions The following definitions apply in these Regulations. accredited laboratory means a laboratory that meets the following conditions at the relevant time: it is accredited 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 under the Environment Quality Act, CQLR, c. Q-2; and the scope of its accreditation includes testing to measure formaldehyde emissions from composite wood panels or laminated products. (laboratoire accrédité) ASTM means ASTM International, formerly known as the American Society for Testing and Materials. (ASTM) 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 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 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 means any of the following products: hardwood plywood; particleboard; medium-density fibreboard; thin medium-density fibreboard. (panneau de bois composite) composite wood product means a composite wood panel, a laminated product, a component part or a finished good. (produit de bois composite) Directive means the Directive concerning testing for formaldehyde emissions, dated June 2023 and published by the Government of Canada on its website. (directive) 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 means a panel composed of cellulosic fibres, consolidated under heat and pressure in a hot press by one of the following processes: a wet process; 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 a wet-formed and dry-pressed process. (panneau dur) 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 means a product that is composed of a veneer that is glued to a core or platform consisting of a composite wood panel or veneers; and made by a manufacturer of component parts or finished goods for incorporation into the component parts or finished goods. (produit lamellé) lot in relation to a product type, means all panels produced during one of the following periods: the period beginning on the day on which production starts and ending on the day on which the first quality control test is conducted; the period beginning on the day on which a quality control test is conducted and ending on the day on which the following quality control test is conducted; or the period beginning on the day on which the final quality control test is conducted and ending on the day on which production ends. (lot) 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 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 means a set of operations and equipment used to make composite wood panels or laminated products in one facility. (chaîne de production) 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 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 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 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) 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 Subject to section 4, these Regulations apply in respect of any composite wood product that contains formaldehyde. Non-application These Regulations do not apply in respect of curved plywood; finger-jointed lumber; the following structural wood products in which moisture-resistant adhesives are used: 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, oriented strand board and panels that comply with section 5 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, 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, 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, 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 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; hardboard; spools and packaging, including pallets, crates and dunnage; composite wood products that are used, before or after they are imported or sold, in a vehicle other than a mobile home, motor home or recreational trailer, any car or railway equipment that is designed for movement on its wheels on the rails of a railway, a vessel, as defined in section 149 of the Canadian Environmental Protection Act, 1999, or an aircraft; windows that contain a composite wood product that represents less than 5% of the total volume of the window, including the glass; 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; composite wood products that are to be used for research and development activities; composite wood products that are to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard; composite wood products that are manufactured or imported for export only; and second-hand goods and other finished goods after they have been acquired by a consumer for a purpose other than resale. Non-application — installers For the purposes of these Regulations, a person that only installs composite wood products is not considered to be a person that sells or offers those products for sale. Import, sell or offer for sale A person must not import, sell or offer for sale a composite wood product that contains formaldehyde unless 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); in accordance with subparagraphs 26(1)(i)(i) and 27(1)(b)(iii) and paragraph 28(1)(b), the person retains a copy of the declaration of certification referred to in section 19 for the product type; in accordance with subsection 29(6.2), the person provides to the Minister, on request, a copy of the declaration of certification referred to in section 19 for the product type; and the person provides the information set out in section 31 to the Minister in accordance with that section. Emission limits — primary testing 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): for hardwood plywood, 0.05 ppm; for particleboard, 0.09 ppm; for medium-density fibreboard, 0.11 ppm; for thin medium-density fibreboard, 0.13 ppm; and for a laminated product, 0.05 ppm. Additional emission limit 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). Primary testing A manufacturer of composite wood panels or laminated products must, for each product type, 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); 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 have a third-party certifier verify the test. Frequency The specimen selection, testing and verification must be performed four times annually, and the specimen selection must be performed not less than 60 days and not more than 120 days after the day on which the previous selection was performed. Equivalence of test methods 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 if a change is made to equipment, procedure or testing personnel that might affect test results; and if there is reason to believe that the equivalence previously established between ASTM D6007 and ASTM E1333 is no longer valid. Exemption — laminated products 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 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 veneer is glued to the core or platform using a phenol-formaldehyde resin or a no-added-formaldehyde resin. Quality control testing 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); 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 Frequency — selection and testing The selection and testing referred to in paragraphs (1)(a) and (b) must be performed in the case of hardwood plywood or a laminated product, for each product type, 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, 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, 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, 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 if the weekly amount manufactured is greater than or equal to 37 161 m2, four times a week per product type manufactured that week; 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 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: a change is made to the resin composition that increases the formaldehyde to urea ratio, 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, there is an increase of more than 20% in the adhesive application rate, there is a decrease of more than 20% in the manufacturer’s established press time, 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). Frequency of verification The verification referred to in paragraph (1)(c) must be performed on a quarterly basis. Correlation of results For the purpose of paragraph (1)(b), the manufacturer must 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 have an accredited laboratory re-establish the correlation and a third-party certifier verify the re-established correlation in any of the following cases: a change is made to equipment, procedure or testing personnel that might affect test results, 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), 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. 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 Reduced-frequency testing — panels 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) 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 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. Test chamber conditions and operation 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. General rule 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). Selection, testing and verification 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. Emission limits For the purpose of subsection (1), the formaldehyde emission limits are for particleboard, medium-density fibreboard or thin medium-density fibreboard, 0.06 ppm; and for all types of composite wood panels, 0.04 ppm for 90% of the results of the tests referred to in subsection (2) and performed in accordance with subsections 7(1) and 8(1). Reduced-frequency testing 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. Change in resin or process 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. Change in resin type 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. Despite subsections 7(2) and 8(2) and (3), the manufacturer of a product type made with an ultra-low-emitting-formaldehyde resin may, 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 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). 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. For the purpose of paragraph (1)(a), the formaldehyde emission limits are for hardwood plywood or a laminated product, 0.05 ppm; for particleboard, 0.08 ppm; for medium-density fibreboard, 0.09 ppm; for thin medium-density fibreboard, 0.11 ppm; and 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): for particleboard, 0.05 ppm, for medium-density fibreboard, 0.06 ppm, and for thin medium-density fibreboard, 0.08 ppm. 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 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; 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 have a third-party certifier verify the tests referred to in paragraph (b) on a quarterly basis. Additional emission limits For the purpose of paragraph (1)(b), the formaldehyde emission limits are 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 subsections 7(1) and 8(1). Further-reduced-frequency testing 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. 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. 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. Selection 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. Composite wood panel or laminated product The specimen of a composite wood panel or laminated product selected must be in an unfinished condition and without a topcoat. Dead-stacked or wrapped The specimen must be dead-stacked or wrapped airtight between the time of selection and the start of specimen conditioning. Handling of specimen The specimen must be handled in accordance with the requirements set out in section 9.1 of ASTM D6007. Shipping of specimen During shipment of the specimen, the requirements set out in section 9.1 of ASTM E1333 must be met; and 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. Inspection of wrapping As soon as feasible after a specimen arrives at an accredited laboratory, the person responsible for the specimen must inspect its wrapping for signs of damage that may affect formaldehyde emissions. Wrapping unopened The wrapping must not be opened until specimen conditioning occurs. Rejection of specimen The person responsible for the specimen must reject the specimen if the wrapping in which the specimen is shipped is damaged in a manner that may affect formaldehyde emissions; the specimen is damaged or contaminated in a manner that may affect formaldehyde emissions; or conditioning of the specimen cannot be initiated within the time limit set out in subsection (4). Specimen conditioning 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. Exceeding limit 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. Handling 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). Treatment For the purpose of subsection (2), a non-compliant lot is treated by using a chemical formaldehyde scavenger; aging the lot; or using any other method that reduces formaldehyde emissions. Re-test For the purpose of subsection (2), a non-compliant lot is re-tested in the case of a non-compliant lot for which the testing referred to in subsection (1) was performed in accordance with subsection 7(1)(b), by selecting a specimen from the lot, testing it and verifying the test in accordance with subsection 7(1); or in the case of a non-compliant lot for which the testing referred to in subsection (1) was performed in accordance with subsection 8(1)(b), by selecting three specimens from three bundles in the lot, testing the specimens and verifying each test in accordance with subsection 8(1), and then averaging the results of those three tests. Notice of non-compliance to purchaser 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 72 hours after the day on which the person becomes aware of the non-compliance. Notice of non-compliance to Minister 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. On receipt of notice 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 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 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. Component parts or finished goods 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. [Repealed, SOR/2024-256, s. 10] Qualifications For the purpose of section 19, a third-party certifier must meet the following conditions: 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; it has a scope of accreditation that includes composite wood products and either these Regulations or TSCA Title VI; and it is an accredited laboratory, or it has access to an accredited laboratory that uses ASTM D6007 or ASTM E1333, as the case may be. Declaration of certification A manufacturer may provide a declaration of certification for a product type that it manufactures if it has documentation demonstrating that the product type is certified under TSCA Title VI; or a third-party certifier referred to in section 18 has confirmed in writing the following: 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 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 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), 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, 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, 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 the third-party certifier has verified the correlation of results established in accordance with subsection 8(4). Contents of declaration The declaration of certification must be in the form of a certificate issued in accordance with TSCA Title VI or a document in English or French or both languages, for the product type. The declaration of certification sets out the following; the name of the third-party certifier or, in the case of a declaration in the form of a certificate issued in accordance with TSCA Title VI, the number assigned by the United States Environmental Protection Agency to the third-party certifier; the civic and postal addresses, telephone number and, if any, email address of the third-party certifier; the name of the manufacturer and civic and postal addresses of the location where the product type is manufactured; a list of the product types in respect of which the declaration applies; and for each product type, the date on which the requirement in paragraph (1)(a) or (b), as the case may be, was fulfilled. Invalidity — declaration of certification A declaration of certification ceases to be valid for a product type if in the case of a product type certified under TSCA Title VI, the product type ceases to be certified under TSCA Title VI; or in the case of a product type included in the declaration of certification produced under paragraph 19(1)(b), 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 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). New declaration of certification 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 the product type is re-certified under TSCA Title VI; or in respect of the product type, 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 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). Composite wood panels Subject to section 23, a manufacturer or importer of composite wood panels must ensure that a label that includes the following information is affixed, at the time of their sale, to the composite wood panels, the bundle that contains them or their packaging: the name of the manufacturer of the composite wood panels; the lot number; and either if the product type is compliant with or certified under TSCA Title VI, the statement “TSCA Title VI compliant / conforme au titre VI de la TSCA” or “TSCA Title VI certified / certifié conformément au titre VI de la TSCA” and either the name of the third-party certifier that certified the composite wood panels or the number that the United States Environmental Protection Agency assigned to it, or if the product type is included in a declaration of certification produced under paragraph 19(1)(b), the statement “CANFER compliant / conforme au CANFER” and the name of the third-party certifier referred to in section 18. Copy of label Subject to section 23, a person that purchases a composite wood panel from a manufacturer or importer referred to in subsection (1) may sell it or offer it for sale without the associated label if they maintain a copy of the label; and they make the information included on the label available to any person on request. Definition of CANFER For the purposes of the statement referred to in subparagraph (1)(c)(ii) and 21(1)(c)(ii), CANFER is a reference to these Regulations. Other composite wood products Subject to section 23, a manufacturer or importer of laminated products, component parts or finished goods must ensure that a label that includes the following information is affixed, at the time of their sale, to the laminated products, component parts or finished goods, the bundle that contains them or their packaging: the name of the manufacturer, importer or seller of the laminated products, component parts or finished goods; the month and year of manufacture; and if the product type that is incorporated into the component parts or finished goods is compliant with or certified under TSCA Title VI or if the laminated products are a product type that is compliant with or certified under TSCA Title VI, as the case may be, the statement “TSCA Title VI compliant / conforme au titre VI de la TSCA” or “TSCA Title VI certified / certifié conformément au titre VI de la TSCA”, or if the product types that are incorporated into the component parts or finished goods are either included in a declaration of certification by virtue of paragraph 19(1)(b) or are certified under TSCA Title VI or if the laminated products are a product type that is included in a declaration of certification by virtue of paragraph 19(1)(b), as the case may be, the statement “CANFER compliant / conforme au CANFER”. Subject to section 23, a person that purchases a laminated product, component part or finished good from a manufacturer or importer referred to in subsection (1) may sell it or offer it for sale without the associated label if they retain a copy of the label; and Optional information A label referred to in subsection 20(1) or 21(1) may also include the statement “no added formaldehyde / sans formaldéhyde ajouté” or “NAF / SFA” in respect of a composite wood panel made with a no-added-formaldehyde resin – or a component part or finished good into which such a panel is incorporated – if formaldehyde emissions from the panel do not exceed the applicable limits set out in subsection 10(3); the statement “ultra-low-emitting formaldehyde / à très faibles émissions de formaldéhyde” or “ULEF / TFEF” in respect of a composite wood panel or laminated product made with an ultra-low-emitting-formaldehyde resin – or a component part or finished good into which such a panel or product is incorporated – if formaldehyde emissions from the panel or product do not exceed the applicable limits set out in subsection 11(3); and if a composite wood panel made with a no-added-formaldehyde resin and a composite wood panel or laminated product made with an ultra-low-emitting-formaldehyde resin are incorporated into a component part or finished good, a statement to that effect, if formaldehyde emissions from the composite wood panels or laminated products that are incorporated into the component part or finished good do not exceed the applicable limits set out in subsections 10(3) and 11(3). Area less than or equal to 929 cm2 A composite wood product does not require a label if the area of its largest surface is less than or equal to 929 cm2. Form of label A label referred to in subsection 20(1) or 21(1) must be in the form of a stamp, tag or sticker that is securely affixed to the product in a visible location. Appearance of information The information on a label referred to in subsection 20(1) or 21(1) must appear in both English and French; and be set out in a manner that is clear and legible and printed in characters that are of a colour that contrasts sharply with the background, have a type height of at least 2 mm, and are easily distinguishable from other graphic material on the product or its package. Manufacturer — panels or laminated products A manufacturer of composite wood panels or laminated products must maintain a record of the following information and documents, in English or French or both languages: in respect of the tests referred to in paragraph 7(1)(b), the name and contact information of the person performing or overseeing the tests, the dates on which the tests were performed, the type of composite wood panel or laminated product that was tested, the lot number of the composite wood panel that was tested or the month and year of manufacture of the laminated product that was tested, as the case may be, the test method used, and the test results, including the data used for establishing equivalence in accordance with Section 2 of the Directive; in respect of the tests referred to in paragraph 8(1)(b), the corporate name and civic address of the facility where the tests were performed, the test results, including the data used to establish the correlation of results in accordance with subsection 8(4), if applicable; in respect of the composite wood panels or laminated products, their description, and information allowing each composite wood panel or laminated product to be traced to a specific lot; in respect of the composite wood panels or laminated products sold by the manufacturer, the name, civic and postal addresses, telephone number and, if any, email address of the purchaser, the purchase order number or the invoice number and the production volume, expressed in square meters, of each product type purchased, the total production volume, expressed in square metres, of composite wood panels and laminated products manufactured and sold in Canada, and a copy, per product type, of the label required under subsection 20(1) that may or may not include the lot number and that includes the name of the manufacturer and the statement of compliance; in respect of the shipping of composite wood panels or laminated products, the shipping invoice number; in respect of the resin used, its trade name, if the manufacturer of the composite wood panels or laminated products purchases resin, the names, civic and postal addresses, telephone numbers and, if any, the email addresses of the supplier and of the manufacturer of the resin as well as records of purchase of the resin from the supplier, and if the manufacturer of the composite wood panels or laminated products uses its own resin, documents describing the type and amount of resin used by volume and weight; in respect of changes to the manufacturing of composite wood panels and laminated products, details of any increase of more than 10% in the resin used, details of any change in resin composition that results in an increase in formaldehyde emissions, and details of any other change that may result in an increase in formaldehyde emissions; in respect of a composite wood panel or laminated product made with a no-added-formaldehyde resin or an ultra-low-emitting-formaldehyde resin, the production volume, expressed in square metres, of each product type manufactured, the resin trade name, the name, civic and postal addresses, telephone number and, if any, email address of the resin supplier, documents demonstrating that the conditions under section 10 or 11, as the case may be, are met, the volume and weight of resin that the manufacturer uses, and details of any change in composition of the resin; in respect of particleboard, medium-density fibreboard or thin medium-density fibreboard for which testing has been performed in accordance with subsection 8(6), documents demonstrating the average results referred to in that subsection; in respect of any non-compliant lot, a list of all non-compliant lots manufactured by the manufacturer that indicates whether each lot was destroyed or treated and, if it was treated, the results obtained from re-testing performed in accordance with subsection 16(4), and a copy of the written notice provided by the manufacturer in accordance with subsection 16(5); and in respect of the third-party certifier, the declaration of certification referred to in section 19 and all supporting documentation referred to in that section for any composite wood panel that constitutes the core or platform of a laminated product referred to in subsections 7(4) and 8(5) and for any other product types, the date and details of the most recent verification that the third-party certifier performed in respect of the manufacturer’s composite wood panels or laminated products, and the qualifications of the third-party certifier under section 18. Retention period and location The information and documents included in the record must be retained for a period of five years after the day on which they are made at one of the following locations: the manufacturer’s principal place of business in Canada; or any other place in Canada where the record can be inspected, if the manufacturer notifies the Minister of the civic address of that place within 30 days after the day on which the record is moved to that place for retention. Disclosure to Minister On request, the manufacturer must provide the Minister with any of the information and documents referred to in subsection (1). Purchaser On request, the manufacturer must make any of the information or documents referred to in paragraph (1)(a) available to a person that purchases a composite wood panel or laminated product from the manufacturer. [Repealed, SOR/2024-256, s. 14] Manufacturer — exempted laminated products A manufacturer of laminated products referred to in subsections 7(4) and 8(5) must maintain a record of the following information and documents in English or French or both languages: if the manufacturer of the laminated products purchases resin, the names, civic and postal addresses, telephone numbers and, if any, email addresses of the supplier and of the manufacturer of the resin as well as records of purchase of the resin from the supplier, and if the manufacturer of the laminated products uses its own resin, documents demonstrating the manufacturer produces phenol-formaldehyde resin or no-added-formaldehyde resin;

and in the case of a product type whose core or platform is a composite wood panel, if the manufacturer of the laminated products purchases the composite wood panels, the names, civic and postal addresses, telephone numbers and, if any, email addresses of the supplier and of the manufacturer of the composite wood panels as well as records of purchase of the composite wood panels from the supplier, if the manufacturer of the laminated products uses its own composite wood panels, documents demonstrating that formaldehyde emissions from those panels do not exceed the applicable limit set out in subsection 6(1) or the correlated limit referred to in subsection 6(2), and the declaration of certification referred to in section 19 for the core or platform. Importer — composite wood panels or laminated products An importer of composite wood panels or laminated products must maintain a record of the following information and documents in English or French or both languages: in respect of any non-compliant lot, a copy of the written notice provided to the importer in accordance with subsection 16(5) and information describing the measures taken in accordance with subsection 16(7); the declaration of certification referred to in section 19 for any composite wood panel that constitutes the core or platform of a laminated product referred to in subsections 7(4) and 8(5) and for any other product types; and in respect of the composite wood panels or laminated products imported by the importer, the name of the manufacturer of the composite wood panels or laminated products and the civic and postal addresses, telephone number and, if any, email address of its principal place of business, the lot number or date of manufacture of the composite wood panel or laminated product, the name of the supplier of the composite wood panels or laminated products, if different from the manufacturer referred to in subparagraph (i), and the civic and postal addresses, telephone number and, if any, email address of its principal place of business, and the date on which the importer purchased the composite wood panel or laminated product. the importer’s principal place of business in Canada; or any other place in Canada where the record can be inspected, if the importer notifies the Minister of the civic address of that place within 30 days after the day on which the record is moved to that place for retention. On request, the importer must provide the Minister with any of the information and documents referred to in subsection (1). Additional disclosure to Minister On request, the importer must provide the following information to the Minister in relation to the composite wood panels or laminated products that the importer imports: [Repealed, SOR/2024-256, s. 16] the results of any tests performed in accordance with paragraph 7(1)(b); the qualifications of the third-party certifier under section 18; and the date and details of the most recent verification that the third-party certifier performed in respect of the composite wood panels or laminated products. Timeframe for additional disclosure The importer must provide the information referred to in subsection (4) to the Minister in English or French or both languages within 40 days after the day on which the request is made or, if the information is to be translated from a language other than English or French, within 60 days after the day on which the request is made. Importer — component parts or finished goods An importer of component parts or finished goods must retain, in English or French or both languages, a record of the date on which the importer purchased any component part or finished good. Retention period and location — importer The record referred to in subsection (1) must be retained for a period of five years after the day on which the importer purchased the component part or finished good at one of the following locations: The importer’s principal place of business in Canada; or any other place in Canada where the record can be inspected, if the importer notifies the Minister of the civic address of that place within 30 days after the day on which the record was moved to that place for retention. Manufacturer — component parts or finished goods A manufacturer of component parts or finished goods must retain, in English or French or both languages, in relation to any composite wood panels or laminated products that were acquired in order to be incorporated into the component parts or finished goods and that are part of a non-compliant lot, a copy of any written notice provided in accordance with subsection 16(5); and information on the measures taken in accordance with subsection 16(7), if applicable. Retention period and location — manufacturer The notice and information referred to in subsection (3) must be retained for a period of five years after the day on which they are made at one of the following locations: any other place in Canada where they can be inspected, if the manufacturer notifies the Minister of the civic address of that place within 30 days after the day on which they are moved to that place for retention. Disclosure to Minister — manufacturer On request, the manufacturer must provide the Minister with a copy of any written notice and the information referred to in subsection (3). Disclosure to Minister — importer On request, the importer must provide to the Minister the date on which the importer purchased any component part or finished good. Additional disclosure to Minister — importer In respect of the composite wood panels or laminated products that are incorporated into the component parts or finished goods that the importer imports, the importer must provide to the Minister, on request, the following information the name of the manufacturer and the civic and postal addresses, telephone number and, if any, email address of its principal place of business; the date of manufacture of the composite wood panels or laminated products; and the name of the supplier of the composite wood panels or laminated products, if different from the manufacturer referred to in paragraph (a), and the civic and postal addresses, telephone number and, if any, email address of its principal place of business. Additional disclosure to Minister — manufacturer or importer On request, the manufacturer or importer must provide the Minister with a copy of the declaration of certification referred to in section 19 for the product types that are incorporated into the component parts or finished goods. The importer must provide the information referred to in subsections (6.1) and (6.2) and the manufacturer must provide the information referred to in subsection (6.2), to the Minister in English or French or both languages, within 40 days after the day on which the request is made or, if the information is to be translated from a language other than English or French, within 60 days after the day on which the request is made. Statement of compliance A manufacturer or importer of component parts or finished goods and a seller of composite wood products must, for every type of composite wood product that they import, sell or offer for sale, as the case may be, retain a document that sets out the name of the supplier and contains a written statement indicating that the composite wood products that they import, sell or offer for sale are either CANFER or TSCA Title VI compliant, as the case may be. The document referred to in subsection (1) must be retained for a period of five years after the day on which it is made at one of the following locations: the manufacturer’s, importer’s or seller’s principal place of business in Canada; or any other place in Canada where the document can be inspected, if the manufacturer, importer or seller notifies the Minister of the civic address of that place within 30 days after the day on which the document is moved to that place for retention. On request, the manufacturer, importer or seller, as the case may be, must provide the Minister with the document referred to in subsection (1). Information to Minister Every person that manufactures, imports, sells or offers for sale a composite wood product that contains formaldehyde must provide the Minister with the following information in writing: its name, civic and postal addresses, telephone number and, if any, email address as well as the name of its contact person; and a statement of whether it manufactures, imports, sells or offers for sale composite wood panels, laminated products, component parts or finished goods, as the case may be. Timeframe The person must provide the information within 60 days after the later of the day on which these Regulations come into force and the day on which it commences the manufacturing, importing, selling or offering for sale. Requirement to update If any of the information changes, the person must provide updated information to the Minister no later than the 30th day after the day on which the change occurs. Composite wood product These Regulations do not apply to a composite wood product that is manufactured in Canada or imported before the day on which these Regulations come into force if the person that manufactures, imports, sells or offers for sale the composite wood product retains in its records documentation establishing the date of the product’s manufacture or import, as the case may be. Laminated product Sections 5 to 9, 11 to 19 and 26 to 30 do not apply in respect of a laminated product, excluding the core or platform, until the day that is five years after the day on which these Regulations come into force. After publication — 18 months These Regulations come into force 18 months after the day on which they are published in the Canada Gazette, Part II.