NEWS

Canada Amended Surface Coating Requirements

On June 22, 2022, Health Canada published the Regulations Amending Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials) (SOR/2022-122) in Canada Gazette, Part II. The Regulations amend the Surface Coating Materials Regulations and four other regulations under the CCPSA that set requirements for applied coating materials.

The Regulations amend the Surface Coating Materials Regulations in the following manner:
→ In section 1, within the definition of a surface coating material, the term “dries to a solid film” is changed to “forms a solid film,” and clarification that the solid film is one that can be removed from the surface (such as by scraping or with solvents) is added.
→ In section 1, a definition of an accessible part that is aligned with the Consumer Products Containing Lead Regulations is added. This definition is “any part of a product that may be touched, licked, mouthed or swallowed during the reasonably foreseeable use of the product.”
→ Section 6:
 ⌧ limits the requirement for total lead content to coatings applied to accessible parts of the products listed in this section;
 ⌧ describes a coating material applied to a product to mean a surface coating material as defined in section 1 as well as a sticker, film or other comparable material (such as a decal) that can be removed from the surface;
 ⌧ adds furniture to the products listed in this section (the common meaning of furniture applies, so a regulatory definition was not added); and
 ⌧ requires testing to be done in accordance with a method that conforms to good laboratory practices as defined in section 1.

The Regulations also amend the Toys Regulations, the Cribs, Cradles and Bassinets Regulations, the Expansion Gates and Expandable Enclosures Regulations and the Playpens Regulations in the following manner so that the requirements for applied coating materials are consistent with the Surface Coating Materials Regulations and each other:
→ Section 1 of the Toys Regulations and the Expansion Gates and Expandable Enclosures Regulations adds a definition of good laboratory practices that is aligned with the definition in the Surface Coating Materials Regulations. The Cribs, Cradles and Bassinets Regulations and the Playpens Regulations already define this term.
→ Section 23 of the Toys Regulations, section 3 of the Cribs, Cradles and Bassinets Regulations, section 2 of the Expansion Gates and Expandable Enclosures Regulations and section 3 of the Playpens Regulations:
 ⌧ identify that a surface coating material and an accessible part have the same meaning as in section 1 of the Surface Coating Materials Regulations;
 ⌧ describe a coating material applied to a product to mean a surface coating material as well as a sticker, film or other comparable material (such as a decal) that can be removed from the surface;
 ⌧ limit the requirements for total lead and mercury content and for the migration of any compound of antimony, arsenic, cadmium, selenium or barium to coating materials applied to accessible parts of the products;
 ⌧ require testing to be done in accordance with a method that conforms to good laboratory practices as defined in section 1; and
 ⌧ delete the outdated hydrochloric acid test parameters specified for measuring the migration of any compound of antimony, arsenic, cadmium, selenium or barium.

The Regulations come into force on the 180th day after the day on which they were published in Canada Gazette, Part II.

For more information, please browse website:
https://gazette.gc.ca/rp-pr/p2/2022/2022-06-22/html/sor-dors122-eng.html