To enhance environmental standards and reduce health risks, the Canadian government has announced significant amendments to the Formaldehyde Emissions from Composite Wood Products Regulations. These changes will take effect 90 days after their publication in Part II of the Canada Gazette.
These amendments were proposed following a public comment period that began in June 2023, aimed at correcting oversights in the 2021 regulations concerning the quality control testing requirements for panel manufacturers. Without correction, the oversight would have required all formaldehyde emission tests to be conducted by accredited laboratories, a requirement that was not the original intent of the policy and was seen as burdensome by industry stakeholders.
The main aspects of the revisions to the Formaldehyde Emissions from Composite Wood Products Regulations include:
- 1. An updated definition of "directive," specifically referring to the guidance document on formaldehyde emission testing issued by the Canadian government in June 2023.
- A new definition of "accredited laboratory," requiring laboratories to be accredited to the international standard ISO/IEC 17025 or under environmental quality laws, with their accreditation scope including the testing of composite wood products or laminated products for formaldehyde emissions.
- A clarified definition of production batches to facilitate quality control and compliance testing.
- Adjusted formaldehyde emission standards for composite wood products, specifying that 90% of results in testing must be below 0.04 ppm.
- Specified frequencies for sample selection, testing, and verification, requiring four tests per year with intervals of no less than 60 days and no more than 120 days between each test.
- Strengthened re-testing requirements for non-compliant batches and specified time limits for notifying purchasers of non-compliance.
- Updated requirements for the types of information that manufacturers and importers must retain and provide, including detailed records of production and sales, as well as compliance declarations to be provided to the minister.
- Specified retention and disclosure times and locations for compliance documents, and the timeframe for providing these documents to government departments under specific circumstances.
According to the new amendments, only primary testing needs to be conducted by accredited laboratories, while routine quality control testing can use less stringent methods. This adjustment significantly reduces the operational burden on manufacturers and aligns with the practices under Chapter 6 of the Toxic Substances Control Act (TSCA) by the United States Environmental Protection Agency (EPA), ensuring that Canadian businesses remain competitive in the North American market.
Additionally, the amendments have modified the record-keeping requirements within the supply chain. Previously, downstream entities such as retailers and distributors were required to collect and maintain extensive proof of formaldehyde emission testing; this requirement has now been simplified. Under the revised regulations, manufacturers and importers must be able to provide formaldehyde emission test certificates for product types to the Ministry of Environment within 40 days (or 60 days if translation is needed) upon request.
These revisions not only reduce the administrative burden on businesses but also, by aligning with the TSCA Chapter 6 in the United States, reduce international trade barriers, benefiting Canadian manufacturers, sellers, and importers of composite wood products in the U.S. market.
