Formaldehyde Emissions Regulations Amendments

Summary#

This is a proposed set of changes to the Formaldehyde Emissions from Composite Wood Products Regulations, published June 17, 2023 in the Canada Gazette, Part I. If adopted, the changes would remove an unintended requirement that routine quality-control formaldehyde tests be done by accredited labs and would simplify record-keeping for finished goods (reducing burdens on importers and retailers).

What it does#

• Clarifies testing rules

  • Only primary quarterly tests must be done by an accredited laboratory; routine quality-control tests done inside mills can use less expensive methods.
  • Testing and verification for a specimen must be completed within 90 days of specimen selection. Specimen selection must occur four times a year.
  • Keeps the emission limit at 0.04 ppm for 90% of test results (for covered panel types).

• Simplifies record-keeping for finished goods and supply chains

  • Allows a single manufacturer’s attestation that only certified panels were used in a finished good, instead of requiring importers/retailers to keep every panel declaration.
  • Declarations must be in English or French; they no longer need the third‑party certifier’s contact person but must include the mill’s name and address.
  • Builders/renovators/installers who only install products are not treated as “sellers” under the rules.

• Small technical and enforceability fixes

  • Clarifies retesting methods for non-compliant lots and changes the notification window to purchasers from “two days” to 72 hours.
  • Requires certain records to be kept in Canada and sets retention periods: records and attestations must be kept for five years.
  • Requires manufacturers, importers and sellers to provide requested records to the Minister within 14 days when asked.
  • Repeals the provision that unintentionally required all testing to be done by accredited labs.

• Keeps alignment with recent U.S. changes

  • Incorporates parts of the U.S. EPA updates to TSCA Title VI made February 21, 2023, including rules that affect reduced-testing eligibility for no‑added or ultra‑low formaldehyde resins and updates to equations used with ASTM testing methods.

• Process note (this is a proposal)

  • Comments can be filed within 75 days of the notice; a formal objection asking for a board of review can be filed within 60 days.

Who's affected#

• Composite wood panel and laminated product manufacturers and the mills that do in‑house quality control testing.
• Importers and sellers (retailers, wholesalers) of finished goods that contain composite wood panels. Clarified rules aim to reduce their paperwork burden.
• Third‑party certifiers and accredited laboratories (affected by who must do which tests).
• Small businesses that sell or import finished goods with composite wood parts (the changes are intended to help them).
• Builders/renovators/installers are explicitly not classed as “sellers” if they only install products.

If it’s unclear who will notice a specific change, the government’s guidance and the final text would clarify details.

Why it matters#

• Fewer unexpected costs and paperwork: manufacturers and retailers avoid a large increase in lab costs and the need to store many panel-level declarations for finished goods.
• Keeps Canadian rules aligned with major U.S. standards (TSCA Title VI and ASTM methods), which matters for cross‑border trade in wood products.
• Maintains the health protection goal: the limits on formaldehyde emissions are unchanged, so the rules still aim to reduce indoor exposure risks.
• Improves enforcement and clarity by specifying how long documents must be kept, where they must be stored (in Canada), and how quickly they must be produced to inspectors.