. /.WORLD TRADE
ORGANIZATIONG/TBT/N/CAN/68
3 July 2003
(03-3558)
Committee on Technical Barriers to Trade Original: English/
French
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:   CANADA
If applicable, name of local government involved (Articles 3.2 and 7.2):           
2. Agency responsible:   Department of Health
Name and address (including telephone and fax numbers, e-mail and web-site
addresses, if available) of  agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:   Canadian Enquiry
Point, 200-270 Albert Street, Ottawa, Ontario, Canada, K1P 6N7 Tel.:  +1 613 238 3222,
ext. 479, Fax.:  +1 613 569 7808, E-mail:  info@scc.ca
3. Notified under Article 2.9.2 [  X ], 2.10.1 [    ], 5.6.2 [    ], 5.7.1 [    ], other:           
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   Surface coating
materials (ICS: 87.040)
5. Title, number of pages and language(s) of the notified document:   Proposed Surface
Coating Materials Regulations (pages 1875-1887;  in English and French)
Proposed Order Amending Schedule I to the Hazardous Products Act (Surface Coating
Materials)  (pages 1888-1889;  in English and French)
6. Description of content:
The purpose of this regulatory initiative is to improve the protection of the health and safety
of Canadians when exposed to surface coating materials.  This is accomplished by replacing
the current Hazardous Products (Liquid Coating Materials) Regulations  with the Surface
Coating Materials Regulations (the Regulations), which apply to all forms of coating
materials.  The Regulations further restrict the maximum allowable lead level and set a
restriction on the maximum allowable mercury level of paints and other surface coating
materials.  The lead and mercury levels in the Regulations are the accepted background
levels or unintentional levels which cannot be eliminated completely from the surfacecoating materials, and are expressed in the internationally recognized SI units of “mg/kg.”
Consequential amendments to Items 2, 9 and 18 of Part I of Schedule I to the Hazardous
Products Act , and Item 31 of Part II of Schedule I to the Hazardous Products Act  reflect the
Surface Coating Materials Regulations.G/TBT/N/CAN/68
Page 2
Key changes in this regulatory initiative include:
- Reduction of the maximum allowable lead content requirement from 5 000 mg/kg
(0.5 percent weight/weight) to 600 mg/kg (0.06 percent weight/weight) for surface
coating materials used in or around the house or other premises attended by childrenor pregnant women, or on furniture, toys and other articles for children, as well as
on pencils and artist’s brushes;
- exemption  of certain specific-use, non-residential  surface coating materials from
the maximum allowable lead content requirement, with precautionary labelling;
- setting of the maximum allowable mercury content requirement to 10 mg/kg
(0.001 percent weight/weight) for all surface coating materials;
- a transitional phase-in period for the maximum allowable mercury content
requirement for recycled paints, with precautionary labelling;  and
- specification of test methodologies that conform to good laboratory practices as set
by the Organization for Economic Co-Operation and Development (OECD).
Note:  The Hazardous Products (Liquid Coating Materials) Regulations  and the Order
Amending Part II of Schedule I to the Hazardous Products Act were notified 30 June 1997
under G/TBT/Notif.97.275.  The current notification is the result of the republication of the
revised Regulations and Order.
7. Objective and rationale, including the na ture of urgent problems where applicable:
Protection of human health and safety
8. Relevant documents:   Canada Gazette, Part I, 14 June 2003
9. Proposed date of adoption:
Proposed date of entry into force: }Not stated
10. Final date for comments:   28 August 2003
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax
numbers, e-mail and web-site addresses, if available of the other body:  The electronic
version of the Canada Gazette, Part I can be downloaded at:
http://canadagazette.gc.ca/partI/2003/20030614/pdf/g1-13724.pdf