SOR/2005-109

HAZARDOUS PRODUCTS ACT

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 5a of the Hazardous Products Act, hereby makes the annexed Surface Coating Materials Regulations.

a R.S., c. 24 (3rd Supp.), s. 1

Registration April 19, 2005

SURFACE COATING MATERIALS REGULATIONS

1. The following definitions apply in these Regulations.

“container” means a receptacle or package in which a surface coating material is offered for sale. It does not include a receptacle or package that is not customarily displayed to the public, such as a package liner, any outer wrapping or box or a shipping container. (contenant)

“display panel” means the part of a container that is displayed or visible under normal conditions of sale to the public. (aire d'affichage)

“display panel area” means

(a) in the case of a rectangular container, the area of the side of the container that includes the display panel;

(b) in the case of a cylindrical container, 40% of the area obtained by multiplying the circumference of the container by its height;

(c) in the case of a bag, the area of the largest side of the bag;

(d) in the case of a container that has one obvious display panel, other than a container referred to in paragraphs (a) to (c), the area of that display panel;

(e) in the case of a container that has two or more obvious display panels, other than a container referred to in paragraphs (a) to (c), the area of the largest display panel; and

(f) in any other case, 40% of the total area of the container, not including the top, the bottom, the sides or any convex or concave surfaces at the top or bottom of the container. (superficie de l'aire d'affichage)

“good laboratory practices” means practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development's document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, the English version of which is dated January 21, 1998 and the French version of which is dated March 6, 1998. (bonnes pratiques de laboratoire)

“surface coating material” means a paint or other similar material that dries to a solid film when a layer of it is applied to a surface. It does not include a material that becomes a part of the substrate. (revêtement)

2. Subject to section 6, the advertising, sale and importation of a surface coating material are authorized if the requirements of these Regulations are met.

3. (1) The information required by these Regulations to be displayed on a container must be

(a) in both English and French;

(b) set out in a permanent, clear and legible manner;

(c) printed in sans-serif capital letters and in bold-faced or medium-faced type; and

(d) in type of the minimum height and size set out in the table.

(2) The minimum height of the type referred to in subsection (1) is determined by measuring an upper-case letter or a lower-case letter that has an ascender or descender, such as “b” or “p”.

4. (1) The concentration of total lead present in a surface coating material must not be more than 600 mg/kg when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices.

(2) Subsection (1) does not apply to a surface coating material that is used

(a) as an anti-corrosive or an anti-weathering coating applied on the interior or exterior surface of any building or equipment that is used for an agricultural or industrial purpose;

(b) as an anti-corrosive or an anti-weathering coating applied on any structure, other than a building, that is used for an agricultural, industrial or public purpose;

(c) as a touch-up coating for metal surfaces;

(d) on traffic signs;

(e) for graphic art on billboards or similar displays;

(f) for identification marks in industrial buildings; or

(g) as material for the purposes of arts, crafts or hobbies, other than material for use by children.

5. (1) If the concentration of total lead present in a surface coating material that is used for a purpose described in subsection 4(2) is more than 600 mg/kg, the display panel must contain the following information or its equivalent:

(2) Despite paragraph 3(c), the expressions “Must be used exclusively” and “Utiliser uniquement aux fins suivantes :” must not be displayed in capital letters, and the italicized instructions must be replaced by the appropriate use or uses.

(3) In the case of a display panel area that is less than 35 cm2, only the signal word “DANGER” and the specific hazard statements “CONTAINS LEAD” and “CONTIENT DU PLOMB” need be displayed.

(4) If the information required by subsection (1) or (3) is displayed in separate English and French display panels, the signal word “DANGER” must be displayed in each display panel, but if the information is displayed in one bilingual display panel, the signal word “DANGER” need only be displayed once.

6. Sections 4 and 5 do not apply in the case of a surface coating material that is used exclusively in an industrial setting, other than for a use described in paragraphs 4(2)(a) to (g), on surfaces where the finish is so durable and tightly adhered to the surface that it cannot be chewed or chipped under foreseeable use.

7. The concentration of total mercury present in a surface coating material must not be more than 10 mg/kg when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices.

8. The concentration of total lead present in a surface coating material that is used for pavement markings and that is sold during the period beginning on the day on which these Regulations come into force and ending on December 31, 2010 may be more than 600 mg/kg, when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices, if the display panel contains the information required by section 5.

9. (1) The concentration of total mercury present in a recycled surface coating material that is sold before July 1, 2010, when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices, may be more than 10 mg/kg but not more than

(a) 65 mg/kg, if it is sold during the period beginning on the day on which these Regulations come into force and ending on June 30, 2007; and

(b) 35 mg/kg, if it is sold during the period beginning on July 1, 2007 and ending on June 30, 2010.

(2) The display panel of a recycled surface coating material referred to in subsection (1) must contain the following information or its equivalent:

(3) In the case of a display panel area that is less than 35 cm2, only the signal word “DANGER” and the specific hazard statements “CONTAINS MERCURY” and “CONTIENT DU MERCURE” need be displayed.

(4) If the information required by subsection (2) or (3) is displayed in separate English and French display panels, the signal word “DANGER” must be displayed in each display panel, but if the information is displayed in one bilingual display panel, the signal word “DANGER” need only be displayed once.

10. The Hazardous Products (Liquid Coating Materials) Regulations 1 are repealed.

1 C.R.C., c. 928

11. These Regulations come into force on the day on which they are registered.