APPLICATION

Marginal note:Application
  •  (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 (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
  •  (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.