2-Butoxyethanol Regulations (SOR/2006-347)

Regulations are current to 2014-04-02 and last amended on 2008-12-14. Previous Versions

2-Butoxyethanol Regulations

SOR/2006-347

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2006-12-14

2-Butoxyethanol Regulations

P.C. 2006-1557 2006-12-14

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on July 9, 2005 a copy of the proposed 2-Butoxyethanol Regulations under the title Regulations Respecting 2-Butoxyethanol, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;

And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, Her Excellency the Governor General in Council, pursuant to subsection 93(1) and section 319 of the Canadian Environmental Protection Act, 1999Footnote b, on the recommendation of the Minister of the Environment and the Minister of Health, hereby makes the annexed 2-Butoxyethanol Regulations.

APPLICATION

 These Regulations apply in respect of products set out in column 1 of Schedule 1 that contain 2-butoxyethanol, which has the molecular formula C6H14O2, and that are for indoor use except if they are for use

  • (a) in a manufacturing or processing activity;

  • (b) in a commercial activity as paints or coatings, including automobile refinish coatings;

  • (c) as a solvent in a laboratory for analysis;

  • (d) in scientific research; or

  • (e) as a laboratory analytical standard.

PROHIBITIONS

  •  (1) No person shall manufacture or import a product set out in column 1 of Schedule 1 if its concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that product unless

    • (a) dilution of the product is required, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that product before it is used and that product is either labelled with or accompanied by those instructions in both official languages; or

    • (b) the person has been issued a permit under section 5 and, in the case of a product that is to be diluted before it is used, that product is either labelled with or accompanied by the manufacturer’s written dilution instructions in both official languages.

  • (2) The prohibition in subsection (1) does not apply, however, to the manufacturing or importing of a product for export only.

 No person shall sell or offer for sale a product set out in column 1 of Schedule 1 if its concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that product unless

  • (a) dilution of the product is required, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that product before it is used and that product is either labelled with or accompanied by those instructions in both official languages; or

  • (b) that product was manufactured or imported under a permit issued under section 5, the sale or offer to sell occurs no later than one year after the expiry date of the permit and, in the case of a product that is to be diluted before it is used, that product is either labelled with or accompanied by the manufacturer’s written dilution instructions in both official languages.

PERMITS

Application

  •  (1) Any person that is importing or manufacturing a product set out in column 1 of Schedule 1 whose concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that product other than a product referred to in paragraph 2(1)(a) shall hold a permit to continue that activity.

  • (2) An application for a permit shall be submitted to the Minister and contain the information specified in Schedule 2.

  • (3) The application shall be accompanied by a certification, dated and signed by the applicant, or by their authorized representative, stating that the information contained in the application is accurate and complete.

  • (4) The application and certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister and the documents shall bear the written or electronic signature, as the case may be, of the applicant or their authorized representative.