Canada Updates Mercury Regulations: Expanded Prohibitions and Improved Compliance

In a significant move to improve environmental protection and public health, the Canadian government recently updated its regulations on mercury-containing products. These changes, announced on June 19, 2024, mark a critical step in Canada's ongoing commitment to reduce mercury pollution.

Mercury Regulation and Environmental Protection

Mercury and its compounds are recognized as toxic substances under Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA). This classification empowers both the Minister of the Environment and the Minister of Health to develop and implement measures to reduce the risks associated with mercury releases, particularly from man-made sources. Over the years, Canada has actively participated in national and international efforts to minimize the environmental and health risks posed by mercury. These include a range of legislative, regulatory and programmatic strategies at federal, provincial, and territorial levels.

Improved Management Practices

Following the publication of the first mercury regulations in November 2014, Canada published the Code of Practice for the Environmentally Sound Management of End-of-life Lamps Containing Mercury in February 2017. This Code, while voluntary, supports best practices among collectors, transporters, and processors of mercury-containing lamps to prevent environmental contamination. It serves to complement existing provincial and territorial initiatives, particularly in regions with limited access to recycling facilities.

Global Commitments

At the global level, the Minamata Convention on Mercury, a legally binding treaty under the United Nations Environment Program (UNEP), entered into force on August 16, 2017. Canada, a signatory since October 10, 2013 and a ratifying member as of April 7, 2017, is committed to a life-cycle approach to reducing mercury pollution. The treaty emphasizes the elimination or reduction of mercury in various products and industrial processes through best environmental practices and restrictions on mercury trade.

Specific Measures under the Minamata Convention

The Minamata Convention mandates the phase-out of certain mercury-containing products such as certain types of lamps by 2020, with additional requirements introduced in subsequent amendments. In particular amendments were adopted in 2022 and 2023 to accelerate the phase-out of compact fluorescent lamps and other mercury-added products to 2026 and 2027, extending beyond the original deadlines due to specific exemptions granted to Canada.

National Strategy and Legislative Actions

In response to the treaty and ongoing environmental concerns, Canada enacted the National Strategy for Safe and Environmentally Sound Disposal of Lamps Containing Mercury Act in 2017. Developed by the Minister of the Environment, the strategy aims to eliminate mercury pollution from lamps, a significant step that was accomplished in collaboration with all relevant Canadian jurisdictions. The strategy encourages the use of mercury-free products and has seen significant compliance, with more than 103 million lamps recycled since 2018.

Health Considerations and Regulatory Amendments

Health Canada's initiatives include the phase-out of bulk dental amalgam powders, which are known to pose risks of mercury exposure risks to dental professionals, reflecting a broader commitment under the Convention to reduce the use of dental amalgam. The comprehensive amendments to the mercury regulations not only seek to align with the Convention's requirements but also aim to address administrative and practical issues, such as labeling, reporting, and recognition of accreditation bodies.

Key Updates in the Mercury Regulations

The updated regulations, which will take effect on June 19, 2024, make significant changes to control the use of mercury in products and underscore Canada's commitment to the Minamata Convention on Mercury. Key updates  to the regulations include:

• Reduced Mercury Limits: The amendments specifically reduce the permissible mercury content in exempted lamps, such as straight fluorescent lamps used for general lighting, a significant reduction from previous levels.

• Phase-out Deadlines Set: Deadlines have been set for the phase-out of certain mercury-containing products. These include popular types of mercury-containing lamps, with deadlines also set for replacement lamps to ensure a smooth transition.

• Elimination of Exemptions: The update removes exemptions for products that are no longer used in Canada or whose exemption period has expired, streamlining the regulations and ensuring relevance and effectiveness.

• Expanded Scope of Accreditation: The scope of accreditation bodies recognized under the regulations now includes signatories to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, enhancing the credibility and consistency of compliance assessments.

Implementation and Compliance

These amendments officially came into force on June 19, 2024, with full enforcement starting on the first anniversary of their publication in the Canada Gazette, Part II. This timeline provides stakeholders with sufficient time to adapt to the new requirements.

Conclusion of the Updated Regulations

By reducing the mercury content in lamps and prohibiting specific products, the updated regulations will significantly reduce the risk of mercury releases into the environment. These measures not only meet Canada's international obligations under the Minamata Convention but also position Canada as a leader in global mercury reduction efforts. The amendments demonstrate Canada's proactive approach to environmental protection and public health safety, ensuring a sustainable future with reduced mercury exposure.