Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations (SOR/2009-197)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

automotive refinishing

automotive refinishing means any activity relating to the servicing, maintenance, repair, restoration or modification of motor vehicles or mobile equipment, or their parts, involving the application of a coating or surface cleaner. (finition automobile)

coating

coating means a product that forms a film when applied to a surface for protective or any other automotive refinishing purpose. It excludes products used in carrying out metal plating and lacquer topcoats and any oil-based enamel paints used for the restoration of motor vehicles or mobile equipment made on or before 1985 and their parts. (revêtement)

excluded compounds

excluded compounds means the compounds that are excluded under item 65 of Schedule 1 to the Canadian Environmental Protection Act, 1999 as well as acetic acid, 1,1–dimethylethyl ester (C₆H₁₂0₂). (composés exclus)

mobile equipment

mobile equipment means any equipment, other than a motor vehicle, that is capable of being pulled on a highway. (équipement mobile)

motor vehicle

motor vehicle means any self-propelled vehicle, but does not include

• (a) an aircraft as defined in subsection 3(1) of the Aeronautics Act;

• (b) rolling stock as defined in section 6 of the Canada Transportation Act; or

• (c) a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water. (véhicule automobile)

surface cleaner

surface cleaner means a product used to prepare the surface of motor vehicles or mobile equipment by removing unwanted matter from the surface before applying a coating. It excludes products used for cleaning automotive refinishing equipment and hand-held spray bottle spot cleaners used to prepare surfaces prior to sanding. (nettoyant de surface)

volatile organic compounds

volatile organic compounds or VOC means volatile organic compounds that participate in atmospheric photochemical reactions and that are not excluded compounds. (composés organiques volatils ou COV)

Application

Marginal note:Application

• 2 (1) Subject to subsection (2), these Regulations apply in respect of any product containing volatile organic compounds set out in column 1 of the schedule, if

  • (a) the product is to be used for automotive refinishing; or

  • (b) anywhere on the product’s container, or in any documentation relating to the product supplied by the product’s manufacturer, importer or seller or their duly authorized representative, it is indicated that the product may be used for automotive refinishing.

• Marginal note:Non-Application

  (2) These Regulations do not apply in respect of automotive refinishing products set out in column 1 of the schedule that are

  • (a) manufactured, imported, offered for sale or sold for the purposes of export;

  • (b) used for application in or on the premises of a factory or a shop, for purposes other than automotive refinishing, on products other than motor vehicles, mobile equipment, or their parts;

  • (c) imported, offered for sale or sold in a non-refillable aerosol spray container or manufactured or imported to be packaged in that type of container;

  • (d) imported, offered for sale or sold in a container with a capacity of 14.8 mL (0.5 fl oz) or less or manufactured or imported to be packaged in that size of container;

  • (e) manufactured, imported, offered for sale or sold to be applied to motor vehicles or mobile equipment, or their parts, during manufacture;

  • (f) manufactured, imported, offered for sale or sold to be used as a solvent in a laboratory for analysis;

  • (g) manufactured, imported, offered for sale or sold to be used in scientific research;

  • (h) manufactured, imported, offered for sale or sold to be used as a laboratory sample or analytical standard;

  • (i) manufactured, imported, offered for sale or sold for use in chemical agent resistant coatings for motor vehicles, mobile equipment or their parts, for use in a military operation; or

  • (j) manufactured, imported, offered for sale or sold in a container with a capacity of 118.3 mL (4.0 fl oz) or less or manufactured or imported to be packaged in that size of container, for use in automobile mobile restoration services.

• (3) For the purposes of paragraph (2)(i), military operation means any operation undertaken to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization.

Prohibitions

Marginal note:Manufacture or import

• 3 (1) A person must not manufacture or import any automotive refinishing product set out in column 1 of the schedule if its VOC concentration exceeds the limit set out in column 2 of the schedule for that product unless

  • (a) the product is required to be diluted before use to a VOC concentration equal to or less than that limit set out in column 2 and the manufacturer, importer or seller, as the case may be, specifies the instructions for dilution on the product’s label or accompanying documentation, in both official languages; or

  • (b) the person that manufactures or imports has been issued a permit under section 5.

• Marginal note:Sell or offer for sale

  (2) A person must not sell or offer for sale any automotive refinishing product set out in column 1 of the schedule if its VOC concentration exceeds the limit set out in column 2 for that product unless

  • (a) the product is required to be diluted before use to a VOC concentration equal to or less than that limit set out in column 2 and the manufacturer, importer or seller, as the case may be, specifies the instructions for dilution on the product’s label or accompanying documentation, in both official languages; or

  • (b) the product was manufactured or imported under a permit issued under section 5 and the sale or offer to sell occurs no later than one year after the day on which the permit expires.

• Marginal note:Combination of multiple components

  (3) For greater certainty, if the written instructions of the manufacturer, importer or seller require the combination of multiple components before the product is to be used, the VOC concentration in the product resulting from the combination of the multiple components must not exceed the VOC concentration limit set out in column 2 of the schedule for that product.

• Marginal note:Lowest VOC concentration limit

  (4) If anywhere on the container of a coating set out in the schedule, or in any documentation relating to the coating supplied by the manufacturer, importer, seller or their duly authorized representative, it is indicated that the coating may be used for the purpose of a different coating set out in the schedule, then the lowest VOC concentration limit applies.

Permits

Application

Marginal note:Requirement for permit

• 4 (1) Any person that manufactures or imports a product set out in column 1 of the schedule, other than a product referred to in paragraph 3(1)(a), or the components of such a product that must be combined together before its use in which the VOC concentration exceeds the limit set out in column 2 for that product, must hold a permit issued under section 5.

• Marginal note:Required information

  (2) An application for a permit must be submitted to the Minister and contain the following information:

  • (a) respecting the applicant,

    • (i) their name, civic and postal addresses, telephone number and, if any, fax number and e-mail address,

    • (ii) the name, title, civic and postal addresses, telephone number and, if any, fax number and e-mail address of their duly authorized representative, if applicable;

  • (b) respecting the product,

    • (i) its trade name, if any,

    • (ii) its VOC concentration,

    • (iii) the estimated quantity to be manufactured, sold, offered for sale or imported in a calendar year and the unit of measurement,

    • (iv) the category of the product as set out in the schedule and the information on which the selection of the product category was made, and

    • (v) in the case of an application for renewal of a permit under subsection 5(3), the number of the existing permit that was issued under section 5;

  • (c) evidence that it is not technically or economically feasible for the applicant at the time of the application to reduce the VOC concentration in the product if the limit set out in column 2 of the schedule is not met for that product;

  • (d) a description of the plan prepared identifying the measures that will be taken by the applicant so that the VOC concentration in the product to be manufactured or imported will be within the limit set out in column 2 of the schedule for that product;

  • (e) identification of the period within which the plan is to be fully implemented; and

  • (f) the civic and postal addresses of the location where information, supporting documents and the certification referred to in subsection (3), are kept.

• Marginal note:Certification

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

• Marginal note:Format for submission

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

• Marginal note:Additional information

  (5) The Minister may, on receiving an application made under this section, require further details that pertain to the information contained in the application and that are necessary for the application to be processed.

Conditions of Issuance

Marginal note:Conditions for issuing permit

• 5 (1) Subject to subsection (2), the Minister must issue the permit if the following conditions are met:

  • (a) the applicant has provided evidence that, at the time of the application, it is not technically or economically feasible for the applicant to reduce the VOC concentration in the product to the limit set out in column 2 of the schedule for that product;

  • (b) the applicant has prepared a plan to identify the measures that will be taken by the applicant such that the VOC concentration in the product for manufacture or import is within the limit set out in column 2 of the schedule for that product; and

  • (c) the period within which the plan is to be fully implemented does not exceed four years after the day on which the first permit is issued to the applicant.

• Marginal note:Grounds for refusing permit

  (2) The Minister must refuse to issue a permit if

  • (a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; or

  • (b) information required under subsections 4(2) or (5) has not been provided or is insufficient to enable the Minister to process the application.

• Marginal note:Expiry and permit renewal

  (3) A permit expires 24 months after the day on which it is issued unless, within the period of 30 days before the day on which the permit expires, the applicant submits an application for renewal in accordance with section 4. The validity of the first permit may only be extended once for an additional 24 months for a given product and the same use.

Revocation

Marginal note:Grounds for revocation

• 6 (1) The Minister must revoke a permit if he or she has reasonable grounds to believe that the implementation of the plan referred to in paragraph 5(1)(b) will not be completed within the specified period or that the permit holder has provided false or misleading information.

• Marginal note:Conditions for revocation

  (2) The Minister must not revoke a permit unless the Minister has provided the permit holder with

  • (a) any written reasons for the revocation; and

  • (b) an opportunity to be heard, by written representation, in respect of the revocation.

Determination of VOC Concentration

Marginal note:Automotive refinishing coating

7 The VOC concentration in a coating as set out in the schedule is determined by the following equation:

Marginal note:Surface cleaner

8 The VOC concentration in a surface cleaner as set out in the schedule is determined by the following equation:

Accredited Laboratory

Marginal note:Accredited laboratory

9 Any laboratory that performs an analysis for the purposes of these Regulations must be accredited under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, and its accreditation must include the analysis in question within its scope of testing.

Labelling

Marginal note:Manufacture date — manufacturer or importer

• 10 (1) A person that manufactures or imports any product set out in the schedule must indicate on the container in which the product is offered for sale or sold, the date on which the product was manufactured or a code representing that date. If a code is used, the manufacturer or importer must provide the Minister, on request, with an explanation of the code.

• Marginal note:Manufacture date — seller

  (2) A person that offers for sale or sells any product set out in the schedule must, if the manufacturer or importer has failed to indicate the date or code referred to in subsection (1) on the container in which the product is to be offered for sale, or sold, indicate that date or that code on the container and must provide the Minister, on request, with an explanation of the code.

Marginal note:Instructions for dilution — manufacturer or importer

• 11 (1) If a product set out in column 1 of the schedule requires dilution before its use, the manufacturer or importer must ensure

  • (a) that the product’s label or the accompanying documentation specifies the instructions for the recommended dilution in both official languages; and

  • (b) that any instructions for dilution appearing on the product’s label or in any accompanying documentation would not result in dilution of the product to a concentration greater than the VOC concentration limit set out in column 2 for that product.

• Marginal note:Instructions for combination

  (2) If a multiple component product requires that components be combined before its use, the manufacturer or importer must ensure that the product’s label or the accompanying documentation specifies, in both official languages, the instructions for the recommended combinations.

Marginal note:Instructions for dilution — seller

• 12 (1) If a product set out in column 1 of the schedule requires dilution before its use, the seller must ensure

  • (a) that the product’s label or the accompanying documentation specifies the instructions for the recommended dilution in both official languages; and

  • (b) that any instructions for dilution appearing on the product’s label or in any accompanying documentation would not result in dilution of the product to a concentration greater than the VOC concentration limit set out in column 2 for that product.

• Marginal note:Instructions for combination

  (2) If a multiple component product requires that components be combined before its use, the seller must ensure that the product’s label or the accompanying documentation specifies, in both official languages, the instructions for the recommended combinations.

Record Keeping

Marginal note:Required information

• 13 (1) Any person that manufactures, imports or sells a product set out in the schedule must maintain records containing the following information:

  • (a) in the case of a person that manufactures,

    • (i) the quantity of the product manufactured at each manufacturing plant,

    • (ii) the trademark and trade name of the manufactured product, and

    • (iii) the date of the product’s manufacture;

  • (b) in the case of a person that imports,

    • (i) the quantity of the product imported,

    • (ii) the trademark and trade name of the product imported,

    • (iii) the port of entry where the product was imported,

    • (iv) the name, civic or postal address, telephone number, and, if any, the fax number and e-mail address of the principal place of business of the sender,

    • (v) the date of import of the product,

    • (vi) the Harmonized Commodity Description and Coding System number for the product,

    • (vii) the importer number for the product shipped, and

    • (viii) the copies of the bill of lading, invoice and all documents submitted to the Canada Border Services Agency for the product shipped;

  • (c) in the case of a person that sells to a supplier, wholesaler or retailer,

    • (i) the quantity of the product sold,

    • (ii) the trademark and trade name of the product sold,

    • (iii) the date of the sale of the product,

    • (iv) the delivery date of the product, and

    • (v) the name, civic or postal address of each supplier, wholesaler and retailer to whom the product was sold.

• Marginal note:Record keeping and time limits

  (2) Any person that submits the information set out in subsection 4(2) must keep a record of that information, supporting documents and the certification referred to in subsection 4(3) for a period of at least five years after the day on which they are submitted.

• Marginal note:Location and duration of records

  (3) The records, supporting documents and the certification as referred to in subsection 4(3) must be kept, for a period of at least five years after the day on which they are made, at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records are kept at any place other than the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept.

Coming into Force

Marginal note:After registration — one year

• 14 (1) Subject to subsection (2), these Regulations come into force one year after the day on which they are registered.

• Marginal note:After registration — 18 months

  (2) Subsections 3(2) and 10(2), section 12 and paragraph 13(1)(c) of these Regulations come into force 18 months after the day on which they are registered.