Canada - Proposed Amendments on Certain Regulations Under CCPSA Regarding Surface Coating Materials

​Health Canada (HC) is proposing the "Regulations Amending Certain Regulations Made Under the Canada Consumer Product Safety Act (CCPSA) Surface Coating Materials" to address some gaps in the regulatory framework that may make it difficult for the Authority to take quick enforcement action when high levels of lead, mercury or certain other harmful elements are found in surface coating materials that are not currently subject to regulatory requirements for surface coating materials that place an undue compliance burden on industry.
Moreover, some requirements are not clearly and consistently set out across regulations, which may make it difficult for industry to comply. Therefore, HC proposed to

- ​expand the meaning of a surface coating material to include surface coating materials that do not "dry" on application, such as powder coatings that are applied electrostatically, and other decorative surface coating materials that may be applied to products during manufacture, such as stickers or films

- introdue a 90 mg/kg total lead limit in surface coating materials applied to furniture

- remove the restrictions on lead, mercury and certain other harmful elements in surface coating materials applied to parts of product that are inaccessible

- remove an outdated test method for certain harmful elements in applied surface coating materials

- require testing to be done in accordance with a method that conforms to good laboratory practices, and

- ensure consistency between regulations, e.g. the Toys Regulations, the Cribs, Cradles and Bassinets Regulations, the Expansion Gates and Expandable Enclosure Regulations, the Playpens Regulations, the Surface Coating Materials Regulations.

The proposed regulations are set to come into force 180 days after the publication on the Canada Gazette.