October 16, 2023
Canada's Proposed Fluorescent Ban Faces Delay
Stakeholders call for clarity and express concern over timing
In a follow-up to two Canadian government agencies' December 2022 proposal to phase out mercury-based lighting products, Electro-Federation Canada (EFC), a key industry association representing over 220 companies in the electrical and automation space, has shed light on the updated timing of the proposed ban. EFC recently clarified the timeline of these proposed regulatory changes, indicating that the implementation of certain bans will be delayed.
The ban proposal as it’s currently published:
In January, inside.lighting was the first electrical and lighting industry publication to report on the proposal from Canada's Department of the Environment and Department of Health. This proposed amendment to the 1999 Canadian Environmental Protection Act sought to phase out the manufacture of most fluorescent lamps by the end of 2023, with a retail ban by the end of 2026. The primary reason? Concerns regarding the environmental impact of lamps containing mercury.
The initial proposal had specified manufacture end dates for various mercury-containing lamps, which ranged from December 31, 2023, to as late as December 31, 2028, depending on the specific type. This was coupled with sales end dates that extended as far as December 31, 2031. The proposal highlighted that energy efficiency wasn't the core issue—rather, it was about the environmental risks associated with mercury.
But with the December 31, 2023, deadline rapidly approaching and the revised regulation yet to be published, stakeholders and industry members have voiced their concerns. And now, there's been an important update on the matter.
The updated timing:
EFC has been closely monitoring the proposed amendment. Following its earlier communications to the Canadian government agencies, the EFC has now confirmed an update on the proposed effective date for the regulatory changes:
The significant revelation is that the December 31, 2023, date will not be the effective date for the amended manufacturing regulations. Instead, the finalized amendments are expected to be published in the Canada Gazette, Part II, between January and June of 2024. This delay is mentioned early in the discussions with the Ministry of Environment and Climate Change Canada (ECCC), emphasizing the fluid nature of the proposal's timeline.
The updated timing coincides with an ECCC report on the effectiveness of the national strategy on lamps containing mercury, which is due to Canada's Parliament by June 2024.
Timing concerns and recommendations
In April, EFC voiced concerns regarding the proposed regulations amending the Products Containing Mercury Regulations, specifically highlighting uncertainties surrounding screw-based CFLs post-December 31, 2023. EFC sought clarification on whether manufacturing and importing of screw-based CFLs would be completely banned after the said date and if the existing stock in Canada would be permitted for sale post-ban.
Moreover, EFC emphasized the challenges posed by the December 31, 2023, proposed end date, noting that it conflicts with several existing supply chain contracts and is a year ahead of similar regulations being considered or implemented in various U.S. states. EFC suggested aligning with the U.S.'s 2025 date or pushing the enforcement to 12 months after the final regulation is published.
Furthermore, while the amendments are being finalized, ECCC has refrained from committing to a 12-month lead time for enforcement after the amendment's publication. However, the Ministry has expressed understanding of the industry's need for a reasonable delay to adapt to the new requirements.
In the broader context, this update confirms that lighting people will have more time to adapt, with a clearer picture expected once the amendments are finalized next year.
