Products Containing Mercury Regulations (SOR/2014-254)

Determination of Total Quantity of Mercury

Marginal note:Accredited laboratory

• 10 (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.

• Marginal note:Standards of good practice

  (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.

Marginal note:Electrotechnical products

11 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.

Report

Marginal note:Reporting requirements

• 12 (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.

• Marginal note:Required information

  (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.

• Marginal note:Component subject to these Regulations

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

Format for Submission

Marginal note:Electronic submission

• 13 (1) Any information 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.

• Marginal note:Submission in writing

  (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.

Record Keeping

Marginal note:Records

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

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

    • (i) the common or generic name of the product manufactured, and its trade name, if any,

    • (ii) 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.

• Marginal note:Record of compliance with section 3.1

  (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.

• Marginal note:Retention of records

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

Marginal note:Retention of information submitted to Minister

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

Marginal note:Place of retention

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

• Marginal note:Electronic form

  (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.

• Marginal note:Change of address

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

Coming into Force

Marginal note:One year after registration

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