Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  container

  contenant

  container means a receptacle or package in which a surface coating material is offered for sale. It does not include a receptacle or package that is not customarily displayed to the public, such as a package liner, any outer wrapping or box or a shipping container. (contenant)

  display panel

  aire d’affichage

  display panel means any part of a container on which the identity of the product is displayed in terms of its common or generic name or in terms of its function. (aire d’affichage)

  display panel area

  display panel area[Repealed, SOR/2007-230, s. 1]

  good laboratory practices

  bonnes pratiques de laboratoire

  good laboratory practices means practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development’s document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, the English version of which is dated January 21, 1998 and the French version of which is dated March 6, 1998. (bonnes pratiques de laboratoire)

  surface coating material

  revêtement

  surface coating material means a paint or other similar material that dries to a solid film when a layer of it is applied to a surface. It does not include a material that becomes a part of the substrate. (revêtement)

• Marginal note:Calculation of display panel area

  (2) In calculating the area of a display panel for the purposes of these Regulations, any seam and any convex or concave surface at the top or bottom of the container are to be excluded.

• Marginal note:Exception – curved containers

  (3) In the case of a container that is curved in any way, other than a bag, the display panel area is to be calculated as 40% of the total area of the container, excluding the top and bottom.

General

Authorization

Marginal note:Advertising, sale and importation

2 Subject to section 6, the advertising, sale and importation of a surface coating material are authorized if the requirements of these Regulations are met.

Information Requirements

Marginal note:Languages, legibility and print

• 3 (1) The information required by these Regulations to be displayed on a container must be

  • (a) in both English and French;

  • (b) set out in a permanent, clear and legible manner;

  • (c) printed in sans-serif capital letters and in bold-faced or medium-faced type; and

  • (d) in type of the minimum height and size set out in the table.

    Item	Column 1	Column 2	Column 3
    	Display panel area	Minimum height of type (mm)	Minimum size of type (points)
    1	100 cm2 or less	1.5	4
    2	more than 100 cm2 but not more than 330 cm2	3.0	9
    3	more than 330 cm2 but not more than 650 cm2	6.0	18
    4	more than 650 cm2 but not more than 2 600 cm2	9.0	27
    5	more than 2 600 cm2	12.0	36

• Marginal note:Determination of minimum height of type

  (2) The minimum height of the type referred to in subsection (1) is determined by measuring an upper-case letter or a lower-case letter that has an ascender or descender, such as “b” or “p”.

Requirements

Lead

Marginal note:Concentration and test method criteria

• 4 (1) The concentration of total lead present in a surface coating material must not be more than 90 mg/kg when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply to a surface coating material that is used

  • (a) as an anti-corrosive or an anti-weathering coating applied on the interior or exterior surface of any building or equipment that is used for an agricultural or industrial purpose;

  • (b) as an anti-corrosive or an anti-weathering coating applied on any structure, other than a building, that is used for an agricultural, industrial or public purpose;

  • (c) as a touch-up coating for metal surfaces;

  • (d) on traffic signs;

  • (e) for graphic art on billboards or similar displays;

  • (f) for identification marks in industrial buildings; or

  • (g) as material for the purposes of arts, crafts or hobbies, other than material for use by children.

Marginal note:Lead-content information

• 5 (1) If the concentration of total lead present in a surface coating material that is used for a purpose described in subsection 4(2) is more than 90 mg/kg, the display panel must contain the following information or its equivalent:

  DANGER

  CONTAINS LEAD / CONTIENT DU PLOMB

  DO NOT APPLY TO SURFACES ACCESSIBLE TO CHILDREN OR PREGNANT WOMEN.

  NE PAS APPLIQUER SUR UNE SURFACE ACCESSIBLE AUX ENFANTS OU AUX FEMMES ENCEINTES.

  Must be used exclusively [Insert the appropriate use or uses described in subsection 4(2)]. / Utiliser uniquement aux fins suivantes : [insérer les fins mentionnées au paragraphe 4(2) qui s’appliquent].

• Marginal note:Font

  (2) Despite paragraph 3(c), the expressions “Must be used exclusively” and “Utiliser uniquement aux fins suivantes :” must not be displayed in capital letters, and the italicized instructions must be replaced by the appropriate use or uses.

• Marginal note:Small containers

  (3) In the case of a display panel area that is less than 35 cm², only the signal word “DANGER” and the specific hazard statements “CONTAINS LEAD” and “CONTIENT DU PLOMB” need be displayed.

• Marginal note:Signal word “DANGER”

  (4) If the information required by subsection (1) or (3) is displayed in separate English and French display panels, the signal word “DANGER” must be displayed in each display panel, but if the information is displayed in one bilingual display panel, the signal word “DANGER” need only be displayed once.

Marginal note:Exemption — exclusively industrial settings

6 Sections 4 and 5 do not apply in the case of a surface coating material that is used exclusively in an industrial setting, other than for a use described in paragraphs 4(2)(a) to (g), on surfaces where the finish is so durable and tightly adhered to the surface that it cannot be chewed or chipped under foreseeable use.

Mercury

Marginal note:Concentration and test method criteria

7 The concentration of total mercury present in a surface coating material must not be more than 10 mg/kg when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices.

Articles with a Surface Coating Material

Authorization

Marginal note:Importation, sale and advertising

7.1 The importation, sale and advertising of the articles described in sections 7.2 and 7.3 are authorized if the requirements of these Regulations are met.

Furniture and Other Articles for Children

Marginal note:Concentration

7.2 Furniture and other articles for children must not have a surface coating material that contains more than 90 mg/kg of total lead.

Pencils and Artists’ Brushes

Marginal note:Concentration

7.3 Pencils and artists’ brushes must not have a surface coating material that contains more than 90 mg/kg of total lead.

Transitional Provisions

Marginal note:Lead in pavement markings

8 The concentration of total lead present in a surface coating material that is used for pavement markings and that is sold during the period beginning on the day on which these Regulations come into force and ending on December 31, 2010 may be more than 90 mg/kg, when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices, if the display panel contains the information required by section 5.

Marginal note:Mercury in recycled surface coating materials

• 9 (1) The concentration of total mercury present in a recycled surface coating material that is sold before July 1, 2010, when a dried sample of it is tested in accordance with a method that conforms to good laboratory practices, may be more than 10 mg/kg but not more than

  • (a) 65 mg/kg, if it is sold during the period beginning on the day on which these Regulations come into force and ending on June 30, 2007; and

  • (b) 35 mg/kg, if it is sold during the period beginning on July 1, 2007 and ending on June 30, 2010.

• Marginal note:Mercury-content information recycled surface coating materials

  (2) The display panel of a recycled surface coating material referred to in subsection (1) must contain the following information or its equivalent:

  DANGER

  CONTAINS MERCURY / CONTIENT DU MERCURE

  DO NOT APPLY TO SURFACES ACCESSIBLE TO CHILDREN OR PREGNANT WOMEN.

  NE PAS APPLIQUER SUR UNE SURFACE ACCESSIBLE AUX ENFANTS OU AUX FEMMES ENCEINTES.

• Marginal note:Small containers

  (3) In the case of a display panel area that is less than 35 cm², only the signal word “DANGER” and the specific hazard statements “CONTAINS MERCURY” and “CONTIENT DU MERCURE” need be displayed.

• Marginal note:Signal word “DANGER”

  (4) If the information required by subsection (2) or (3) is displayed in separate English and French display panels, the signal word “DANGER” must be displayed in each display panel, but if the information is displayed in one bilingual display panel, the signal word “DANGER” need only be displayed once.

Repeal

Marginal note:Hazardous Products (Liquid Coating Materials) Regulations

10 [Repeal]

Coming into Force

Marginal note:Coming into force

11 These Regulations come into force on the day on which they are registered.