Surface Coatings: Lead Limits and Testing

Summary#

This is a proposed set of changes called the Regulations Amending Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials), published by Health Canada on April 24, 2021. It would widen the kinds of coatings covered (for example, stickers, films and powder coatings), set or clarify limits for lead and other elements in coatings on accessible parts of products (including furniture), and change testing rules; the proposal is open for comment for 70 days and would come into force on the 180th day after final publication in the Canada Gazette, Part II if adopted.

What it does#

• Changes the definition of a surface coating so it covers coatings that “form a solid film” (not just those that “dry”), and explicitly includes removable decorative coatings such as stickers and films. This brings powder coatings and some non-paint coatings into scope.
• Adds furniture to the list of products whose applied coatings must meet lead limits.
• Limits the lead and mercury rules to coatings on parts that are accessible during normal use, instead of all product parts.
• Sets or restates numerical limits:
  • lead: 90 mg/kg total in coatings on accessible parts;
  • mercury: 10 mg/kg total in coatings;
  • migration limit for antimony, arsenic, cadmium, selenium or barium: 1 000 mg/kg.
• Removes an outdated hydrochloric-acid migration test and allows testing methods that conform to international good laboratory practice standards (so labs can use commonly accepted U.S., EU or ISO test methods).
• Makes matching edits to the Toys Regulations, Cribs, Cradles and Bassinets Regulations, Expansion Gates and Expandable Enclosures Regulations, and Playpens Regulations so the rules are consistent.
• Fixes a small typo and other housekeeping items.

Who's affected#

• Businesses that make, import, sell or test:
  • paints and other surface coating materials (including powder coatings);
  • furniture (including household furniture);
  • children's products such as toys, cribs, playpens, expansion gates and strollers;
  • pencils and artist brushes.
• Testing laboratories that verify element levels in coatings.
• Small businesses are likely to bear the largest share of cost impacts because most affected firms are small. The government’s cost estimate attributes about 95% of the monetized compliance cost to furniture- and children’s-furniture-related manufacturers.
• Estimated compliance costs over 10 years are $2,645,000 (undiscounted) or $1,767,081 (discounted, 2019 dollars). Annualized cost is about $235,652. Most suppliers contacted said they already meet the proposed limits.

Why it matters#

• It closes gaps that could leave some coatings (like stickers, films or powder coatings) outside the rules, even though they can expose children to lead if chewed, scraped or mouthed.
• By focusing limits on accessible parts, it removes an unnecessary burden on industry for parts that pose little exposure risk.
• The testing updates let Canadian officials and industry rely on internationally recognized lab practices and methods. That should reduce duplicate testing and help trade with other countries.
• The main public-health aim is to reduce accidental exposure to lead, mercury and other harmful elements — especially for infants and young children, who are most vulnerable to these toxins.
• The financial impact on consumers is expected to be very small. The changes would also give Health Canada clearer authority to act faster when non‑compliant products are found.