Canada: Products Containing Mercury Regulations

 

Canada has proposed changes to the Products Containing Mercury Regulations in order to align it with the Minamata Convention on Mercury.

The proposed changes to the Products Containing Mercury Regulations, referred to as the proposed Amendments, aim to bring the Regulations in line with the Minamata Convention on Mercury requirements. These Regulations, effective since 2015, currently forbid the manufacturing, importing, and selling of mercury-containing products, with certain exemptions for necessary items lacking viable alternatives (like lamps, specific health, safety, research applications, and dental amalgam).

The suggested Amendments encompass the following key points:

• Reducing permissible mercury content levels in three lamp products exempted from the general mercury ban: straight fluorescent lamps for general lighting, cold cathode fluorescent lamps, and external electrode fluorescent lamps.
• Introducing specific prohibition dates for mercury-containing products and replacement lamps following a transitional phase.
• Eliminating exemptions for products no longer in use in Canada and those whose exemption periods have lapsed.
• Additional modifications to the Regulations involve clarifying various provisions in the regulatory text, including aspects related to labeling, testing, reporting, and record keeping.

Mercury, a dense metal, can exist in various forms in the environment due to natural processes or human actions. Once released, it can travel long distances through the atmosphere.

The Regulations, published on November 19, 2014, and enforced on November 8, 2015, forbid the manufacturing and importing of products with mercury or its compounds. Although some exemptions are in place for essential items without viable alternatives, like dental amalgam, lamps, and specific scientific tools, there has been a gradual decline in the market presence of mercury-containing products in Canada since these Regulations were introduced. Many previously exempt lamps now have energy-efficient, mercury-free substitutes, such as LED lamps. The Department of the Environment has received data from organizations engaged in importing or manufacturing mercury-containing products in Canada, indicating a decrease in these products.

However, the current Regulations do not completely align with the Minamata Convention on Mercury, which Canada ratified in 2017. Adjustments are necessary, particularly in terms of the mercury content limits for certain lamp products, to fully comply with the Convention. Additional amendments are suggested to match recent industry standards and international regulatory endeavors. Moreover, ongoing administration of the Regulations has highlighted the need for clarifications in various aspects of the regulatory text, including labeling, testing, reporting, and record keeping.

To find out more about chemical compliance in Canada, do not hesitate to contact the Product Compliance Institute directly.