Marginal note:Most restrictive VOC concentration limit
8. (1) If anywhere on the container of an architectural coating set out in the schedule, or in any documentation relating to the architectural coating supplied by the architectural coating’s manufacturer, importer, seller or their duly authorized representative, it is indicated that the architectural coating may be used for the purpose of a different coating category set out in column 1 of the schedule, then the most restrictive VOC concentration limit applies.
(2) Subsection (1) does not apply to the following architectural coatings set out in column 1 of the schedule:
(a) antenna coating;
(b) bituminous roof primer;
(c) calcimine recoater;
(d) conjugated oil varnish;
(e) fire retardant coating;
(f) flow coating;
(g) any other high-temperature coating;
(h) impacted immersion coating;
(i) any other industrial maintenance coating;
(j) any other lacquer, including lacquer sanding sealers;
(k) low solids coating;
(l) metallic pigmented coating;
(m) nuclear coating;
(n) pre-treatment wash primer;
(p) specialty primer, sealer and undercoater;
(q) temperature-indicator safety coating; and
(r) thermoplastic rubber coating and mastic.
Marginal note:Requirement for permit
9. (1) Any person that manufactures or imports an architectural coating set out in column 1 of the schedule, other than an architectural coating referred to in paragraph 3(1)(a), or the components of an architectural coating that must be combined together before their use in which the VOC concentration exceeds the limit set out in column 2 of the schedule, must hold a permit issued under section 10.
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 architectural coating,
(i) its trade mark and 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) its category 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 10(3), the number of the existing permit that was issued under section 10;
(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 architectural coating to the limit set out in column 2 of the schedule for that coating;
(d) a description of the plan prepared identifying the measures that will be taken so that the VOC concentration in the architectural coating to be manufactured or imported will be within the limit set out in column 2 of the schedule for that coating;
(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 certification, as set out in subsection (3), are kept.
(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.
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