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 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.
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:
VOC concentration = (Ws – Ww – Wec) ÷ (Vm – Vw – Vec)
- 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;
- is the weight of volatiles, in grams;
- is the weight of water, in grams;
- is the weight of excluded compounds, in grams;
- is the volume of coating, in litres;
- is the volume of water, in litres; and
- is the volume of excluded compounds, in litres.
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