Products Containing Mercury Regulations (SOR/2014-254)
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Regulations are current to 2025-10-28 and last amended on 2025-06-19. Previous Versions
Products Containing Mercury Regulations
SOR/2014-254
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2014-11-07
Products Containing Mercury Regulations
P.C. 2014-1244 2014-11-06
Whereas, 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, 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.
Prohibitions
Marginal note:Manufacture or import
3 (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).
Marginal note:Sale or offer for sale
(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.
Marginal note:Replacement part
(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.
Marginal note:Replacement lamp
(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.
Marginal note:Obligation
3.1 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.
Permits
Marginal note:Application
4 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.
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 section 6.
Marginal note:Application to renew permit
6 (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.
Marginal note:Renewal
(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.
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), (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]
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 the package is too small to accommodate the information, in a notice attached to the product or a manual that accompanies the product.
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 a manual that accompanies the product.
Marginal note:Referral to website
(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.
Marginal note:Requirements
(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.
Marginal note:Non-application
(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.
Marginal note:Hg Symbol
9 (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.
Marginal note:Small product
(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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