Conditions of Issuance

Marginal note:Conditions for issuing permit
  •  (1) Subject to subsection (2), the Minister must issue the permit if the following conditions are met:

    • (a) the applicant has provided evidence that it is not technically or economically feasible at the time of the application 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
  •  (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

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

VOC concentration = (Ws – Ww – Wec) ÷ (Vm – Vw – Vec)

where

VOC concentration 
is the grams of VOC per litre of coating, undiluted or diluted in accordance with the written instructions of the manufacturer, importer or seller if required before the product is to be used;
Ws 
is the weight of volatiles, in grams;
Ww 
is the weight of water, in grams;
Wec 
is the weight of excluded compounds, in grams;
Vm 
is the volume of coating, in litres;
Vw 
is the volume of water, in litres; and
Vec 
is the volume of excluded compounds, in litres.
Marginal note:Surface cleaner

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

VOC concentration = (Ws – Ww – Wec) ÷ Vm

where

VOC concentration 
is the grams of VOC compounds per litre of surface cleaner, undiluted or diluted in accordance with the written instructions of the manufacturer, importer or seller if required before the product is to be used;
Ws 
is the weight of volatiles, in grams;
Ww 
is the weight of water, in grams;
Wec 
is the weight of excluded compounds, in grams; and
Vm 
is the volume of surface cleaner, in litres.

Accredited Laboratory

Marginal note:Accredited laboratory

 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
  •  (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 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 person who offers for sale or sells the product must provide the Minister, on request, with an explanation of the code.

Marginal note:Instructions for dilution — manufacturer or importer
  •  (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
  •  (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
  •  (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 trade mark 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 trade mark 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 trade mark 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.

 
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