Formaldehyde emissions: testing and record rules

Summary#

These are the final Regulations Amending the Formaldehyde Emissions from Composite Wood Products Regulations published in the Canada Gazette on December 18, 2024. They fix a drafting error and change testing and record-keeping rules for composite wood products. The rules take effect 90 days after publication.

What it does#

• Fixes an oversight so that only primary formaldehyde emission tests must be done by an accredited laboratory, instead of requiring every routine quality-control test to be done by an accredited lab.
• Clarifies testing frequency and sampling rules, including that specimen selection, testing and verification must be done four times annually, and specimen selections must be spaced not less than 60 days and not more than 120 days apart.
• Keeps the emission limit shown in the rules at 0.04 ppm for 90% of test results for composite wood panels and laminated products.
• Changes re-testing and reporting rules:
  • Specifies how non-compliant lots are re-tested.
  • Requires sellers who sold from a non-compliant lot to notify the purchaser within 72 hours of learning of the non-compliance.
• Updates what must be on and kept with declarations of certification. Manufactures can use a TSCA Title VI certificate as the required declaration if it includes the required information.
• Changes record-keeping and disclosure:
  • Manufacturers and importers must keep more detailed records (buyer info, production volume in square metres, label copies, shipping invoice numbers).
  • Records must generally be kept in Canada for 5 years and be made available to the Minister on request.
  • Importers and domestic manufacturers of finished goods must provide certain information, including declarations, to the Minister within 40 days, or within 60 days if translation is needed.
  • Sellers (retailers) are no longer required to keep the declarations themselves, but must keep a written statement that the goods are CANFER or TSCA Title VI compliant.
• Clarifies that someone who only installs composite wood products (builders/renovators/installers) is not considered a “seller” under the rules.
• Aligns parts of the rules with changes made in the United States by the U.S. Environmental Protection Agency on February 21, 2023 (updates to TSCA Title VI about test methods and reduced-testing qualifications).

Who's affected#

• Manufacturers of composite wood panels and laminated products.
• Importers of composite wood products and of finished goods that contain them.
• Sellers and retailers of composite wood products, component parts and finished goods (they must keep a statement of compliance).
• Third-party certifiers and laboratories (accredited labs remain required for primary tests; routine mill tests may be done with other methods).
• Small businesses in the supply chain (cabinet makers, furniture manufacturers, retailers) who handle finished goods containing composite wood.
• Builders and installers are explicitly excluded from being treated as sellers if they only install products.

If anything above is unclear in the Gazette text, say so and the rules themselves should be consulted or guidance from Health Canada and Environment and Climate Change Canada obtained.

Why it matters#

• It stops an unintended extra cost and logistical burden that would have resulted from requiring accredited labs for routine quality-control testing. That keeps routine testing cheaper and more practical for mills.
• It reduces paperwork pressure on importers and retailers while keeping proof of compliance available to regulators. Retailers no longer need to keep every manufacturer declaration, but regulators can still obtain declarations from manufacturers or importers on request.
• It preserves the same formaldehyde limits (so the public health protections in the original rules remain unchanged) while improving alignment with U.S. rules to ease cross-border trade.
• The changes aim to make enforcement and inspections easier by clarifying which records must be kept in Canada and how quickly they must be produced on request.