Canada Updates Mercury Product Regulations

The Canadian government has amended the Products Containing Mercury Regulations (SOR/2014-254) through the new regulation SOR/2024-109 under the Canadian Environmental Protection Act, 1999. Published in the Canada Gazette on June 19, 2024, the updated provisions come into force on June 19, 2025.

Key Amendments Overview

• Batteries:

The mercury limit of 0.0005% in homogeneous materials is now standardized for all batteries, eliminating previous separate rules for button cells.

• Mercury Lamps:

The regulations introduce a phased prohibition on the import and manufacture of certain mercury-containing lamps, encouraging transition to LED technology.

• Exemptions:

Existing exemptions remain but now include strengthened labeling and information requirements to ensure proper identification and handling.

• Transitional Periods:

Clear timelines are established for phasing out mercury-containing products, allowing manufacturers and importers adequate time to comply.

Labeling Requirements

Manufacturers and importers must clearly label products containing mercury with:

• A statement indicating mercury content and, if applicable, which component contains mercury.
• The Hg symbol prominently displayed in specified sizes, legible and indelible.
• Information must be in both English and French and clearly distinguishable on the product or packaging.
• If packaging is unavailable or too small, the information must appear in a notice or manual accompanying the product.

Reporting Obligations

Entities manufacturing or importing mercury-containing products (excluding replacement parts) must submit detailed reports to the Minister:

• Reports due March 31 for calendar years 2025, 2027, and every third year thereafter.
• Reports must include product categories, mercury quantities, manufacturing/import/export volumes, and authorized representative details.

Mercury Quantity Limits and Phase-Out Dates

The amended regulation replaces the previous schedule with two new schedules defining maximum mercury quantities for various products, including:

• Schedule 1: Limits on mercury content for products like batteries, lamps, and dental amalgams, with most restrictions effective by December 31, 2025.
• Schedule 2: Mercury limits for replacement lamps, with phased start dates beginning January 1, 2026, and extended phase-out timelines for some lamp types through 2029.

Examples include:

• Compact fluorescent lamps capped at 4–5 mg mercury per lamp, phasing out by end of 2025.
• High-pressure sodium and metal halide lamps with higher mercury limits, allowed until December 31, 2028 or beyond.
• Automotive bulbs limited to 10 mg mercury per lamp.

Impact and Compliance

Manufacturers, importers, and distributors should:

• Review and update product formulations to meet new mercury limits.
• Ensure labeling meets bilingual and visibility standards.
• Prepare for new reporting requirements.
• Plan inventory transitions to comply with phase-out deadlines.

Non-compliance may result in enforcement actions, including fines and product restrictions.

References:

Canada Gazette SOR/2024-109
Products Containing Mercury Regulations (SOR/2014-254)