WE NEED EVERYONE’S SUPPORT
There are very real legal and operational requirements under the recently effective CANFER regulation that impact YOUR business. CANFER responsibilities apply to ANY company that manufactures, distributes, imports, retails, processes or otherwise utilizes composite wood products (plywood, MDF, particleboard and finished goods containing those materials.)
Fortunately, the government of Canada has agreed to consult industry on amending CANFER in 2023. Now is the time to make the necessary changes and get this regulation right for industry and the broader public. We need your support to grow The Right Regulation’s coalition and show the government that while the industry supports CANFER in principle, changes must be made to make it work in practice.
Contact CANFER@therightreg.ca with questions or to join the coalition below:
I’d like to join the coalition to get CANFER fixed.
The Right Reg Coalition will not advertise your support without your permission. Company data such as location and number of employees is utilized only in aggregate to advise the government of the impact of this regulation. The Right Reg Coalition will not sell your data to any third party. You will not be placed on any mailing list unless you check the box above.
Download the Government provided Factsheet.
A friendly reminder: the regulation requires every company (manufacturer, distributor, importer, retailer, etc.) doing business in Canada in composite wood products to register before March 8th.
SUMMARY OF CONCERNS:
Although the vast majority of composite wood products currently produced and sold in Canada already comply with TSCA Title VI, CANFER’s current departure from full alignment with TSCA Title VI will result in excessive NEW BURDENS being placed on every member of the supply chain from the manufacturer to the final retailer.
Unlike TSCA Title VI, CANFER has a chain of custody requirement to pass all certifications from the
original panel manufacturer through the entire supply chain to the retailer who must then maintain
a physical “library” of declarations at their facilities.
A small flooring or furniture retailer might be forced to collect, keep, and update 50 to 100 certificates covering all potential composite wood panel utilized by their supply chain.
A bigger building supply company would have to track every supply chain of every supplier of every product.
A small cabinet shop would have to track the manufacturer of the panels they utilize and potentially provide each customer with those records.
As the definition of seller currently does not specifically exclude construction companies (unlike TSCA Title VI), a builder would need to maintain records for every regulated floor or cabinet, etc. utilized.
Even thrift shops are not currently exempted despite the impossibility of knowing the origin of donated goods.
This is an unacceptable burden on retail businesses, both large and small. It is a violation of supply chain confidentiality for distributors, importers and fabricators. It also violates the confidentiality of suppliers who have not given permission to share their supply chain with others, potentially exposing you to litigation. There is a much simpler and more meaningful record-keeping system aligned with TSCA Title VI that would make each part of the supply chain responsible for their immediate business.
In addition to the impractical chain of custody requirement, there are also numerous minor technical conflicts between TSCA Title VI and CANFER; testing and administrative ambiguities that could lead to problems for manufacturers and laminators around the world. See a list of issues and recommended solutions here. It is vital we eliminate regulatory confusion.
THESE ARE OUR PRINCIPAL MESSAGES
The industry welcomes the regulation. The requests are for administrative fixes only, to align CANFER and TSCA Title VI where possible.
The technical issues must be fixed to ensure that the regulated industries understand their exact responsibilities under the rules.
The regulation as it stands is unduly burdensome for Canadian small businesses and those doing business in Canada. The burden of maintaining extensive records from complicated supply chains will land most heavily on retailers and small laminators, who do not have any experience in this area.
The regulation represents a violation of supply chain confidentiality and exposes both immediate and extended proprietary information to competitors. Further, the requirement to share a suppliers’ supply chains may violate confidentiality agreements.
The regulation increases confusion within the marketplace as a retailer who receives dozens of supply chains from various suppliers could very easily mix supplier information.
Alignment with TSCA Title VI’s record-keeping will provide for better enforcement.
Spread the word! Many smaller retailers and fabricators may not be familiar with the terms “CARB”, “TSCA Title VI” and “CANFER”. If you need to educate your customers about the importance of supporting this campaign, please download this flyer for small businesses.