Tag Archives: Mercury

Canadian Mercury Regulations – Part 3 – Exemptions

In part 1 (Products Containing Mercury Regulations published in Canada) and part 2 (Canadian Mercury Regulations to Impose Tight Restrictions on Mercury in Batteries) of our series of articles on Canadian Products Containing Mercury Regulations we discussed the scope of the regulations and maximum concentration limits for batterieis and other products and how they compare to the EU RoHS Directive and the EU Battery Directive.  In this part 3 of the series we will look at mercury exemptions, harmonized standards for product testing and spare parts. There are still numerous applications, particularly with mercury containing lamps whereby mercury is critical to proper functioning of the product.

Prohibitions and Exemptions

Under the Canadian Regulations, a product that contains mercury may not be manufactured or imported in Canada unless there is an applicable exemption or if the manufacturer or importer holds a permit issued under the Regulations. The exemptions are listed in the Schedule to the Regulations and each entry includes the product category, the maximum total quantity of mercury in the product, and the end date of the exemption.

The exemptions are similar to the EU RoHS exemptions but not identical. In general, the Canadian exemptions are more flexible, allowing slightly higher levels of mercury content for lamps. For example, item 2(a) of the Schedule specifies that a compact fluorescent lamp for general lighting purposes (≤ 25 Watts) may have up to 4 mg of total mercury per lamp. The comparable exemption in the EU RoHS Directive (exemption 1(a)) allows up to 2.5 mg of mercury per burner (this was originally 5 mg but was reduced to 3.5 mg in 2012 and then 2.5 mg as of January 1, 2013).

The applications (product categories) specified in the exemptions do not align perfectly between the two regulatory instruments, so manufacturers will need to perform a careful comparison to ensure that a product containing mercury meets the Canadian Regulations.

A renewal of most of the EU RoHS exemptions will occur in 2016 and it’s possible that the EU maximum allowable mercury levels will decline further.

The Canadian Regulations provide exemptions for other product categories that are not exempted under the EU RoHS Directive. Other exempted products relevant to the electrotechnical industry include:

  • Scientific instrumentation for the calibration of medical devices or for the calibration of scientific research instruments;
  • Scientific instrumentation used as a reference for clinical validation studies;

Product Testing

For determining the level of mercury content in products, the Canadian Regulations references IEC 62321-4:2013, entitled Determination of certain substances in electrotechnical products — Part 4: Mercury in polymers, metals and electronics by CV-AAS, CV-AFS, ICP-OES and ICP-MS, which is also referenced by the EU RoHS harmonized standard for technical document (EN 50581).

Spare Parts

The Canadian Regulations provide an exemption for replacement parts – this is similar to the EU RoHS exclusion for spare parts.

Technical support on environmental product regulations

ECD Compliance provides manufacturers and suppliers with services to track global environmental product requirements and assess the impact to their products and markets, including the Canadian Products Containing Mercury Regulations.

Canadian Mercury Regulations to Impose Tight Restrictions on Mercury in Batteries

In our December post titled “Products Containing Mercury Regulations published in Canada,” we discussed the scope and general prohibitions and exemptions of the recently published Canadian “Products Containing Mercury Regulations (SOR/2014-254)“. In this second article on the Regulations, we examine some of the technical aspects of the Regulations including the maximum concentration limits and how these compare with the EU RoHS Directive and the EU Battery Directive.

Maximum Concentration Limit

The concentration of mercury allowed in the Canadian Regulations aligns with the EU RoHS restriction of 0.1% mercury in homogeneous materials. This allows EEE manufacturers and importers to leverage their conformity assessment procedures and to use existing supplier material declarations, test reports and other technical documentation (as per EN 50581).

Batteries

For batteries, the maximum concentration levels specify the same numerical percentage as in the EU Battery Directive; however, there are important differences in the basis of calculation. The Canadian mercury regulations reference the weight of mercury in homogeneous materials whereas the weight of the entire battery is the basis for calculation in the EU Battery Directive.

Canadian Products Containing Mercury Regulations

(l) a battery, other than a button cell battery, that has a mercury concentration of 0.0005% or less by weight in homogeneous materials; [are excluded]

EU Battery Directive

1.(a) all batteries or accumulators, whether or not incorporated into appliances, that contain more than 0,0005 % of mercury by weight; and [are prohibited]

As a result, the Canadian Regulations are much stricter than the EU Directive and battery manufacturers may have more difficulty in verifying conformity to this requirement.

Button Cell Batteries

Both Canadian and EU restrictions provide short-term allowances for mercury in button cell batteries that phase out in 2015.  The Schedule in the Canadian Regulations provides an exemption for up to 25mg per button cell battery that expires on December 31, 2015. In the EU Battery Directive, the mercury prohibitions in button cell batteries are specified in Article 4, paragraph 2, allowing up to 2% mercury by weight of the battery:

4(2). The prohibition set out in paragraph 1(a) shall not apply to button cells with a mercury content of no more than 2 % by weight until 1 October 2015.

The Canadian Regulations set the long-term mercury threshold at 0.0005% based on the weight of each homogeneous material; whereas the EU Battery Directive sets the threshold based on the weight of the entire battery. The Canadian Regulations specify the concentration limits in subsections 2(m) and 2(n).

(m) beginning on January 1, 2016, a button cell battery that has a mercury concentration of 0.0005% or less by weight in homogeneous materials; [are excluded]

(n) from January 1, 2016 until December 31, 2019, a button cell battery that is incorporated into a medical device that is intended to remain in the body for at least 30 consecutive days; [are excluded]

The Canadian Regulations provide an exclusion for button cell batteries in implanted medical devices; whereas, the EU Battery Directive provides an broader exclusion to the mercury prohibition for all portable batteries in medical devices.

Testing

An earlier draft of the Canadian mercury regulations proposed mandatory testing of products containing mercury; however this requirement was removed in the final regulations (to the relief of manufacturers and importers).

Future Articles on the Mercury Regulations

In future articles examining the Products Containing Mercury Regulations, we will discuss

  • the mercury exemptions provided by the Regulations and how the exemptions compare to those provided in the EU RoHS Directive
  • what if your product requires mercury, but there is no exemption listed — how manufacturers and importers may apply for a temporary permit
  • marking, labeling and reporting requirements for products that contain mercury above the maximum concentration limit
  • accreditation of test labs

ECD Compliance provides manufacturers and suppliers with services to track global environmental product requirements and assess the impact to their products and markets, including the Canadian Products Containing Mercury Regulations.

The Products Containing Mercury Regulations (SOR/2014-254) is available from the Canada Gazette.

 

Products Containing Mercury Regulations published in Canada

The Canadian “Products Containing Mercury Regulations” were published in the Canada Gazette on November 19, 2014 and come into force on November 8, 2015. The Regulations will prohibit the manufacture and import of products containing elemental mercury or a mercury compound. Exemptions to the mercury prohibition are provided for applications that have no technical alternative – they are similar but not identical to the EU RoHS mercury exemptions. For products that contain mercury, specific labelling and marking requirements are specified in the regulations.

Scope

The Regulations apply to any product that contains mercury, including all electrical and electronic equipment (EEE) whether currently included or excluded from the scope of the EU RoHS Directive. In this regard, the Canadian Regulations have a broader applicability than the EU RoHS Directive; however, the exemptions also cover applications that are not relevant to EEE such as use of mercury in dental amalgam.

The regulations do not apply to products that are at end-of-life, waste, a food, drug, or cosmetic, veterinary biologic, pest control product, feed, fertilizer, or explosive, ores, concentrates and by-products of metallurgic operations, and on-road vehicles from the 2016 model year or earlier.

Prohibitions and Exemptions

A product that contains mercury may not be manufactured or imported unless it belongs to a product category that has a specified exemption or if a manufacturer or importer holds a permit issued under the Regulations.

The exemptions are similar to the EU RoHS exemptions but not identical. There are differences in the wording of the allowed applications and in the allowed mercury concentration. A careful comparison is needed to ensure that a product containing mercury meets the Canadian regulation.

The regulations specify additional requirements for products that are imported or manufactured with mercury (for example, under an exemption). The additional requirements include labelling, marking, information on safe use (including when a product such as a lamp breaks), and reporting of mercury quantity that is imported or manufactured.

For product uses that are not covered by an exemption, it is possible to request a permit from Environment Canada.

For additional information or assistance on the Canadian Products Containing Mercury Regulations, contact ECD Compliance.