Formaldehyde Rules: Penalties Consistency Fix

Summary#

This is a proposed, technical fix published in the Canada Gazette on July 10, 2021. It would add the prohibitions from the Formaldehyde Emissions from Composite Wood Products Regulations to the schedule of the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) so those prohibitions can be punished under the higher fine regime. The public can comment during a 75-day consultation period.

What it does#

• Adds the import, sale and offer-for-sale prohibitions found in the Formaldehyde Emissions from Composite Wood Products Regulations to the schedule of the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999).
• That change would make those prohibitions subject to the higher fines available when a serious offence is prosecuted under the federal enforcement regime (as applied through the existing Environmental Enforcement Act framework).
• The change does not create any new rules for businesses. It only changes how serious violations are penalized.
• The amendment would come into force on the same day the Formaldehyde Emissions from Composite Wood Products Regulations come into force (or on registration if registered later).

Who's affected#

• The main people and businesses likely to notice this are manufacturers, importers and sellers of composite wood products covered by the formaldehyde limits.
• The proposal was prepared and published by the Department of the Environment; provincial and territorial governments and enforcement agencies would also be involved if violations are pursued.
• The item says there are no new operational requirements, so ordinary consumers or most small businesses are not expected to face new obligations.

Why it matters#

• It fixes an oversight that left the formaldehyde rules with a different penalty setup than similar environmental regulations. That made enforcement less consistent.
• If a serious breach of the formaldehyde prohibitions is prosecuted, the government would be able to seek the minimum and higher maximum fines that apply to comparable CEPA regulations. That can strengthen the deterrent against importing or selling products that exceed formaldehyde limits.
• There are no new compliance duties in this proposal, but businesses should know the enforcement tools for serious offences would be stronger if the amendment is adopted.