Surface Coating Materials Regulations (SOR/2016-193)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

accessible part

accessible part means any part of a product that may be touched, licked, mouthed or swallowed during the reasonably foreseeable use of the product. (partie accessible)

container

container means a container in which a surface coating material is sold to a consumer. (contenant)

display panel

display panel means any part of a container on which the common or generic name of a surface coating material, or the description of its function, is displayed. (aire d’affichage)

good laboratory practices

good laboratory practices means practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development 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

surface coating material means a paint or other similar material, with or without pigment, that forms a solid film after it is applied to a surface and that can be removed. (revêtement)

Surface Coating Materials

Lead

Marginal note:Lead content and test method

• 2 (1) A surface coating material must not contain more than 90 mg/kg total lead when a dried sample 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 anti-weathering coating on the interior or exterior surface of a building having an agricultural purpose or on equipment having an agricultural purpose;

  • (b) as an anti-corrosive or anti-weathering coating on a structure, other than a building, having an agricultural or public purpose;

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

  • (d) in the production of outdoor graphic art, including billboard displays; or

  • (e) in an art, craft or hobby activity, except if the surface coating material is used by children.

Marginal note:Warning

• 3 (1) Subject to subsections (2) and (3), if a surface coating material that is used for a purpose mentioned in subsection 2(2) contains more than 90 mg/kg total lead, the display panel on the container must contain the following warning, or its equivalent, with the italicized portion being replaced by the applicable uses:

  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 applicable uses mentioned in subsection 2(2)]. / Utiliser uniquement aux fins suivantes : [insérer les fins mentionnées au paragraphe 2(2) qui s’appliquent].

• Marginal note:Small containers

  (2) Subject to subsection (3), if the area of the display panel is less than 35 cm², the display panel may contain only the following warning:

  DANGER

  CONTAINS LEAD / CONTIENT DU PLOMB

• Marginal note:Signal word “DANGER”

  (3) If the warning required by subsection (1) or (2) is displayed in separate English and French display panels, the signal word “DANGER” must be displayed in each display panel, but if the warning is displayed in one bilingual display panel, the signal word “DANGER” need only be displayed once.

Marginal note:Legibility and type

• 4 (1) The warning required by section 3 must appear in

  • (a) a permanent, clear and legible manner;

  • (b) capital letters, except for the portion dealing with uses in the warning under subsection 3(1);

  • (c) bold-face or medium-face sans serif type; and

  • (d) type having the minimum height and size set out in columns 2 and 3 of the table to this subsection according to the display panel area set out in column 1.

  	Column 1	Column 2	Column 3
  Item	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:Calculation of display panel area

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

• Marginal note:Curved container — display panel area

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

• Marginal note:Determination of minimum height of type

  (4) For the purpose of paragraph (1)(d), the minimum height of type is determined by measuring an upper case letter or a lower case letter that has an ascender or descender, such as “b” or “p”.

Mercury

Marginal note:Mercury content and test method

5 A surface coating material must not contain more than 10 mg/kg total mercury when a dried sample is tested in accordance with a method that conforms to good laboratory practices.

Products With Applied Stickers, Films or Surface Coating Materials

Marginal note:Lead content

6 A sticker, film or other similar material that can be removed, or a surface coating material, that is applied to an accessible part of the following products must not contain more than 90 mg/kg total lead when it is tested in accordance with a method that conforms to good laboratory practices:

• (a) furniture;

• (b) products for children;

• (c) pencils; and

• (d) artist brushes.

Repeal

7 [Repeal]

Coming into Force

Marginal note:Registration

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