SOR/2021-268202112
21
20257
18
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Volatile Organic Compound Concentration Limits for Certain Products RegulationsP.C.2021-1026202112
17
Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on July 6, 2019, a copy of the proposed Volatile Organic Compound Concentration Limits for Certain Products Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;S.C. 2004, c. 15, s. 31S.C. 1999, c. 33Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6c of that Act;S.C. 2015, c. 3, par. 172(d)And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) and sections 286.1d and 326 of the Canadian Environmental Protection Act, 1999b, makes the annexed Volatile Organic Compound Concentration Limits for Certain Products Regulations.S.C. 2009, c. 14, s. 80Interpretation
DefinitionsThe following definitions apply in these Regulations.adhesive does not include a product for use on humans or animals or any product with an adhesive incorporated onto or in an inert substrate. (adhésif)fragrance means a substance or mixture of chemicals, natural essential oils or other components, that has a combined vapour pressure that is less than or equal to 0.267 kPa when measured at 20°C, the sole purpose of which is to impart a scent or to mask an unpleasant odour. (parfum)high vapour pressure VOC, in respect of an antiperspirant or deodorant for the human axilla, means a VOC that has a vapour pressure of greater than 10.67 kPa when measured at 20°C. (COV à pression de vapeur élevée)low vapour pressure VOC, in respect of a product other than an antiperspirant or deodorant for the human axilla, means a VOC thathas a vapour pressure of less than 0.013 kPa when measured at 20°C;has a boiling point that is greater than 216°C; orcontains more than 12 carbon atoms per molecule. (COV à faible pression de vapeur)medium vapour pressure VOC, in respect of an antiperspirant or deodorant for the human axilla, means a VOC that has a vapour pressure of greater than 0.267 kPa but less than or equal to 10.67 kPa when measured at 20°C. (COV à pression de vapeur moyenne)reformulated product means a product that belongs to a product category set out in column 1 of the table to Schedule 1 and that has been reformulated to reduce its VOC concentration to a level that is less than the maximum VOC concentration set out in column 3 for that product category or, if applicable, the subcategory set out in column 2 to which it belongs. (produit à composition modifiée)VOC means a volatile organic compound that participates in atmospheric photochemical reactions and that is not excluded under item 65 of Schedule 1 to the Canadian Environmental Protection Act, 1999. (COV)VOC concentrationFor the purpose of these Regulations, the VOC concentration of a product is measured and expressed as a percentage of the product’s net weight (% w/w).Net quantityFor the purposes of these Regulations, the quantity of a product or the quantity of VOCs in a product is the net quantity.Product category or subcategoryFor the purposes of these Regulations, a product belongs to a product category set out in column 1 of the table to Schedule 1 or column 1 of Schedule 2 or, if applicable, a subcategory set out in column 2 of the table to Schedule 1 if, according to information on its container or included in any documentation relating to the product that is supplied by the product’s manufacturer or importer or their authorized representative, the product may be used as a product that belongs to that product category or, if applicable, subcategory.DesignFor the purposes of these Regulations, any reference to a product that is designed for a particular purpose includes a product that, according to information on its container or included in any documentation relating to the product that is supplied by the product’s manufacturer or importer or their authorized representative, may be used for that purpose.
Application
ProductsThese Regulations apply in respect of any product that contains VOCs and belongs to a product category set out in column 1 of the table to Schedule 1 or column 1 of Schedule 2.Non-application — certain productsThese Regulations do not apply in respect of products that aredesigned to be used solely in a manufacturing or processing activity;to be used solely in a laboratory for analysis, in scientific research or as a laboratory analytical standard;regulated under the Pest Control Products Act;manufactured or imported for export only;adhesives that are to be sold in containers of 30 ml or less;regulated under the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations or the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations;used in or on a new car at the time of its manufacture; orin transit through Canada, from a place outside Canada to another place outside Canada.
Maximum VOC Concentrations and Maximum VOC Emission Potentials
ProhibitionSubject to subsection (4), a person must not manufacture or import a product that belongs to a product category set out in column 1 of the table to Schedule 1 and, if applicable, a subcategory set out in column 2 that has a VOC concentration that is greater than the applicable maximum VOC concentration set out in column 3, unlessthe product is, according to the instructions set out in both official languages on the product’s container or in any accompanying documentation, to be diluted before use to a level at which the VOC concentration is less than or equal to the applicable maximum VOC concentration set out in column 3; ora permit has been issued under section 9, 16 or 19 in respect of the product.Product categories set out in Schedule 2Subject to subsection (4), a person must not manufacture or import a product that belongs to a product category set out in column 1 of Schedule 2 and has a VOC emission potential that is greater than the applicable maximum VOC emission potential set out in column 2, unless a permit has been issued under section 19 in respect of the product.Non-application of paragraph (1)(a)The exception set out in paragraph (1)(a) does not apply to a multi-purpose solvent or paint thinner referred to in items 48 and 52, respectively, of the table to Schedule 1.Start date for prohibitionsThe prohibitions set out in subsections (1) and (2) apply beginning onin the case of a disinfectant referred to in item 31 of the table to Schedule 1, January 1 of the year following the calendar year of the third anniversary of the day on which these Regulations are registered; orin any other case, January 1 of the year following the calendar year of the second anniversary of the day on which these Regulations are registered.
Product belonging to more than one product categorySubject to subsection (2), if a product belongs to more than one product category set out in column 1 of the table to Schedule 1, the applicable maximum VOC concentration is the lowest of the maximum VOC concentrations set out in column 3 for the product categories to which the product belongs.Exception for certain categoriesThe maximum VOC concentration for a product that belongs to one of the following product categories is the maximum VOC concentration set out in column 3 of the table to Schedule 1 for the applicable product category set out in column 1 or, if applicable, subcategory set out in column 2, regardless of whether the product also belongs to a product category with a lower maximum VOC concentration:antiperspirant for the human axilla referred to in item 2 of the table to Schedule 1;deodorant for the human axilla referred to in item 3 of that table;hair products referred to in item 6 of that table; orgeneral-purpose cleaner referred to in item 42 of that table.
Determination of VOC concentrationFor the purposes of these Regulations and subject to subsections (2) and (3), the VOC concentration of a product that belongs to a product category set out in column 1 of the table to Schedule 1 is determined by the formula[(WS − WEX) ÷ WP] × 100whereWSis the weight in grams of all of the substances contained in the product that volatize when the product is tested to determine its VOC concentration for the purposes of these Regulations;WEXis the weight in grams of all of the substances to be excluded when determining the VOC concentration, namely, any of the following substances contained in the product that volatize when the product is tested to determine its VOC concentration for the purposes of these Regulations:water, ammonia and any other inorganic substances;compounds that are excluded under item 65 of Schedule 1 to the Canadian Environmental Protection Act, 1999;in the case of an antiperspirant or deodorant for the human axilla referred to in items 2 and 3, respectively, of the table to Schedule 1,VOCs that have a vapour pressure of less than or equal to 0.267 kPa when measured at 20°C or, if the vapour pressure is unknown, that contain more than 10 carbon atoms per molecule,colourants and fragrances that, combined, constitute 2% or less of the product’s net weight, andethanol;in the case of a personal fragrance product referred to in item 11 of that table,low vapour pressure VOCs, andfragrances;in the case of a pressurized gas duster referred to in item 53 of that table, low vapour pressure VOCs; andin the case of a product other than a product referred to in paragraph (c), (d) or (e),low vapour pressure VOCs, andfragrances that, combined, constitute 2% or less of the product’s net weight; andWPis the net weight of the product, expressed in grams.Aerosol productsFor the purposes of the descriptions WS and WEX, if the product in question belongs to a subcategory set out in column 2 of the table to Schedule 1 that includes aerosol products, the propellant and non-propellant fractions are determined separately then added together to give the total value for each of those elements.Antiperspirants and deodorantsIf the product in question is an antiperspirant or deodorant for the human axilla referred to in items 2 and 3, respectively, of the table to Schedule 1, the VOC concentration is determined separately for medium vapour pressure VOCs and high vapour pressure VOCs.
Determination of VOC emission potentialWhen determining the VOC emission potential for the purposes of these Regulations, the following substances are excluded:low vapour pressure VOCs; andin the case of charcoal lighter products referred to in item 1 of Schedule 2, fragrances that, combined, constitute 2% or less of the product’s net weight.
VOC Compliance Unit Trading SystemParticipation
Purpose of compliance unit trading systemA person that manufactures or imports a product that belongs to a product category set out in column 1 of the table to Schedule 1 may elect to participate in a compliance unit trading system that allows participants to do one or more of the following:generate compliance units in accordance with section 11 in respect of all of the reformulated products for which they have elected to participate in the compliance unit trading system;transfer unused compliance units to another person in accordance with section 12; oruse compliance units that are generated by them or transferred to them to compensate for the excess quantity of VOCs determined in accordance with paragraph 13(d) in respect of a product.
Permit — participants in compliance unit trading systemA person that elects to participate in the compliance unit trading system may apply for a permit authorizing them to manufacture or import a product that belongs to a product category set out in column 1 of the table to Schedule 1 and, if applicable, a subcategory set out in column 2 that has a VOC concentration greater than the applicable maximum VOC concentration set out in column 3.Required informationThe application must be submitted to the Minister and must contain the following information:the applicant’s name, civic and postal addresses, telephone number and, if any, fax number and email address;the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;for each product in respect of which a permit is sought,its common or generic name and its trade name, if any,the product category set out in column 1 of the table to Schedule 1 and, if applicable, the subcategory set out in column 2 to which it belongs, as well as the information used to categorize it,the VOC concentrations at which the applicant expects to manufacture or import the product,for each VOC concentration referred to in subparagraph (iii), the quantity of the product, expressed in kilograms, that the applicant expects to manufacture or import per calendar year, excluding any quantity that is manufactured or imported for export only, andfor each VOC concentration referred to in subparagraph (iii), the quantity of VOCs in the product that are in excess of the applicable maximum VOC concentration, determined by the formula(A − B) × WwhereAis the VOC concentration of the product,Bis the maximum VOC concentration set out in column 3 of the table to Schedule 1 for the product category set out in column 1 or, if applicable, the subcategory set out in column 2 to which the product belongs, andWis the quantity of the product, expressed in kilograms, that the applicant expects to manufacture or import per calendar year, excluding the quantity that is to be manufactured or imported for export only; anda plan indicating how the applicant intends to compensate for the excess quantity of VOCs determined in accordance with subparagraph (c)(v) for all of the products in respect of which a permit is sought by using compliance units generated by them or transferred to them in accordance with sections 11 and 12.ClarificationsThe Minister may, on receiving the application, require any clarifications that are necessary for the application to be processed.Notice of change to informationThe applicant must notify the Minister in writing of any change to the information provided under this section — other than that provided under subparagraph (2)(c)(iv) — within 30 days after the day on which the change occurs.
IssuanceSubject to subsection (2), the Minister must issue the permit referred to in subsection 8(1) if the applicant has demonstrated how they will compensate for the excess quantity of VOCs determined in accordance with subparagraph 8(2)(c)(v).RefusalThe Minister must refuse to issue the permit ifthe Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; orthe information required under subsections 8(2) to (4) and the certification required under section 26 have not been provided or are insufficient to enable the Minister to process the application.
Revocation — groundsThe Minister must revoke a permit issued under subsection 9(1) ifthe permit holder has not submitted the annual report referred to in section 13 within the prescribed time limit;the Minister has reasonable grounds to believe that the permit holder has not compensated for the excess quantity of VOCs determined in accordance with paragraph 13(d); orthe Minister has reasonable grounds to believe that the permit holder has provided false or misleading information.Notice of revocationBefore revoking a permit, the Minister must provide the permit holder with written reasons and an opportunity to make written representations concerning the revocation.
Generation, Use and Transfer of Compliance Units
Notice of participationA person that intends to generate compliance units in respect of a reformulated product that they manufacture or import must, no later than October 1 of the first year in which they elect to participate in the compliance unit trading system in respect of that product, submit a notice to the Minister that contains the following information:the person’s name, civic and postal addresses, telephone number and, if any, fax number and email address;the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable; andrespecting the product,its common or generic name and its trade name, if any,the product category set out in column 1 of the table to Schedule 1 and, if applicable, the subcategory set out in column 2 to which it belongs, as well as the information used to categorize it,its lowest VOC concentration prior to reformulation, the date of reformulation and its VOC concentration after reformulation, andthe quantity of the product, expressed in kilograms, that the person expects to manufacture or import during the period beginning on the day on which the notice is submitted and ending on December 31 of the same year, excluding the quantity that is to be manufactured or imported for export only.Generation of compliance unitsA person that has submitted a notice under subsection (1) may generate compliance units, at a rate of one compliance unit per kilogram, for all of the reformulated products that they manufacture or import during a given calendar year. The number of kilograms is determined by the formulaΣ [(Bi − Ci) × Wi]whereBiis, for each reformulated product, the maximum VOC concentration set out in column 3 of the table to Schedule 1 for the product category set out in column 1 or, if applicable, the subcategory set out in column 2 to which the product belongs;Ciis, for each reformulated product, the product’s VOC concentration after reformulation; andWiis, for each reformulated product, the quantity, expressed in kilograms, that was manufactured or imported during the year in question, excluding the quantity that was manufactured or imported for export only.First year of participationFor the first calendar year in which the person participates in the compliance unit trading system, the value of the element Wi in the formula set out in subsection (2) is the quantity of the reformulated product that was manufactured or imported during the period beginning on the day on which the notice referred to in subsection (1) was submitted or the day on which the product was reformulated, whichever is later, and ending on December 31 of that year.Availability confirmed by MinisterThe Minister must provide the person with written confirmation of the number of compliance units that are available to them within 60 days after the day on which the person submits a report in accordance with section 14.Valid for two yearsCompliance units whose availability is confirmed by the Minister are valid for two years beginning on January 1 of the year following the calendar year in which they are generated.
Transfer of compliance unitsA person that participates in the compliance unit trading system may transfer unused compliance units to another person if the compliance units are still valid and the Minister approves the transfer.Application for approval of transferThe transferee and transferor must, at least 90 days before the day on which the compliance units expire, submit to the Minister a joint application for approval of the transfer, using the form provided by the Minister, that contains the following information:the names of the transferee and transferor and their civic and postal addresses, telephone numbers and, if any, fax numbers and email addresses;the number of compliance units to be transferred;the year during which the compliance units were generated; andthe effective date of the transfer.Approval by MinisterThe Minister must approve the transfer and inform the transferee and transferor of the approval in writing if the transferor has at least the number of unused compliance units as are proposed to be transferred to the transferee.Use by transfereeThe transferee may use the compliance units during the calendar year in which they are transferred and, if there are any compliance units remaining and those compliance units are still valid in accordance with subsection 11(5), during the following calendar year.Invalid transferFor greater certainty, if the transferor does not have at least the number of unused compliance units as are proposed to be transferred to the transferee, the transfer is invalid.
Annual Reports
Permit issued under subsection 9(1)A person that holds a permit issued under subsection 9(1) must, no later than March 1 of each year, submit a report to the Minister that contains the following information in respect of the preceding calendar year:the person’s name, civic and postal addresses, telephone number and, if any, fax number and email address;the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;for each product that the person manufactured or imported under a permit issued under subsection 9(1) during the year in question,its common or generic name and its trade name, if any,the permit number,the VOC concentrations at which the product was manufactured or imported, andfor each VOC concentration referred to in subparagraph (iii), the quantity of the product, expressed in kilograms, that was manufactured or imported during the year in question, excluding the quantity that was manufactured or imported for export only;for all of the products that the person manufactured or imported under a permit issued under subsection 9(1) during the year in question, the quantity of VOCs in the products that is in excess of the applicable maximum VOC concentration for those products, determined by the formulaΣ [(Ai − Bi) × Wi]whereAiis, for each product in respect of which a permit was issued that was manufactured or imported at a given VOC concentration, the product’s VOC concentration,Biis, for each product in respect of which a permit was issued that was manufactured or imported at a given VOC concentration, the maximum VOC concentration set out in column 3 of the table to Schedule 1 for the product category set out in column 1 or, if applicable, the subcategory set out in column 2 to which the product belongs, andWiis, for each product in respect of which a permit was issued that was manufactured or imported at a given VOC concentration, the quantity, expressed in kilograms, that was manufactured or imported during the year, excluding the quantity that is manufactured or imported for export only;the values and data used in the calculation made in accordance with paragraph (d);the number of compliance units that are being used to compensate for the excess quantity of VOCs determined in accordance with paragraph (d) anda statement as to whether those compliance units were generated by the person or were transferred to them, andif the compliance units were transferred, the date of the transfer and the name of the transferor; andconfirmation of whether the person intends to continue manufacturing or importing products under a permit issued under subsection 9(1) during the calendar year following the year in question and, if so, the quantity of each product, expressed in kilograms, that they expect to manufacture or import during that calendar year, excluding any quantity to be manufactured or imported for export only, and the expected VOC concentration for each product.
Person that generates compliance unitsA person that generates compliance units during a calendar year must, no later than March 1 of the following year, submit a report to the Minister that contains the following information:the person’s name, civic and postal addresses, telephone number and, if any, fax number and email address;the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;for each reformulated product for which they have elected to participate in the compliance unit trading system for the calendar year in question,its common or generic name and its trade name, if any,the product category set out in column 1 of the table to Schedule 1 and, if applicable, the subcategory set out in column 2 to which it belongs, as well as the information used to categorize it,its VOC concentration after reformulation and the date of the reformulation, andthe quantity of the product, expressed in kilograms, that the person manufactured or imported during the year in question, excluding the quantity that was manufactured or imported for export only;the values and data used in the calculation made in accordance with subsection 11(2) for the calendar year in question and the result of that calculation; andconfirmation of whether the person intends to continue participating in the compliance unit trading system during the calendar year following the year in question and, if so, the quantity of each product, expressed in kilograms, that they expect to manufacture or import during that calendar year, excluding any quantity to be manufactured or imported for export only, and the expected VOC concentration for each product.
Permit — Products Whose Use Results in Lower VOC Emissions
ApplicationA person may apply for a permit or a renewal of their permit, as the case may be, authorizing them to manufacture or import a product that belongs to a product category set out in column 1 of the table to Schedule 1 and, if applicable, a subcategory set out in column 2 that has a VOC concentration that is greater than the applicable maximum VOC concentration set out in column 3, but that, when used in accordance with the manufacturer’s written instructions, results in lower VOC emissions than those that would result from the use of another product that belongs to the same category and, if applicable, the same subcategory that has a VOC concentration that is less than or equal to that maximum VOC concentration.Required informationThe application must be submitted to the Minister and must contain the following information:the applicant’s name, civic and postal addresses, telephone number and, if any, fax number and email address;the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;the product’s common or generic name and trade name, if any;the product category set out in column 1 of the table to Schedule 1 and, if applicable, the subcategory set out in column 2 to which the product belongs, as well as the information used to categorize it;the product’s VOC concentration;the quantity of the product, expressed in kilograms, that the applicant expects to manufacture or import per calendar year, excluding any quantity that is manufactured or imported for export only;in the case of an application for the renewal of a permit in respect of the product, the number of the existing permit; andevidence that demonstrates that the use of the product in accordance with the manufacturer’s written instructions results in lower VOC emissions than those that would result from the use of another product that belongs to the same category and, if applicable, the same subcategory that has a VOC concentration that is less than or equal to the applicable maximum VOC concentration set out in column 3 of the table to Schedule 1.ClarificationsThe Minister may, on receiving the application, require any clarifications that are necessary for the application to be processed.Notice of change to informationThe applicant must notify the Minister in writing of any change to the information provided under this section — other than that provided under paragraph (2)(f) — within 30 days after the day on which the change occurs.
Issuance or renewalSubject to subsection (2), the Minister must issue or renew, as the case may be, a permit referred to in subsection 15(1) if the applicant has demonstrated that, even though the product’s VOC concentration is greater than the applicable maximum VOC concentration set out in column 3 of the table to Schedule 1, the use of the product, in accordance with the manufacturer’s written instructions, results in lower VOC emissions than those that would result from the use of another product that belongs to the same category and, if applicable, the same subcategory that has a VOC concentration that is less than or equal to that maximum VOC concentration.RefusalThe Minister must refuse to issue or renew the permit ifthe Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; orthe information required under subsections 15(2) to (4) and the certification required under section 26 have not been provided or are insufficient to enable the Minister to process the application.ExpiryThe permit expires on the fourth anniversary of the day on which it is issued or renewed unless the permit holder submits an application for renewal at least 90 days before the day on which the permit expires and the application is approved by the Minister.
Revocation — groundsThe Minister must revoke a permit issued or renewed under subsection 16(1) in respect of a product ifthe Minister has reasonable grounds to believe that the use of the product, in accordance with the manufacturer’s written instructions, no longer results in lower VOC emissions than those that would result from the use of another product that belongs to the same category and, if applicable, the same subcategory that has a VOC concentration that is less than or equal to the applicable maximum VOC concentration set out in column 3 of the table to Schedule 1;the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information; orthe product does not bear a label, or is not accompanied by documentation, that sets out the instructions referred to in section 23.Notice of revocationBefore revoking a permit, the Minister must provide the permit holder with written reasons and an opportunity to make written representations concerning the revocation.
Permit — Technical or Economic Non-feasibility
ApplicationA person that intends to, on or after the applicable date referred to in subsection 3(4) or the day on which their permit expires, as the case may be, manufacture or import a product that belongs to a product category set out in column 1 of the table to Schedule 1 or column 1 of Schedule 2 that has a VOC concentration or VOC emission potential that is greater than the applicable maximum VOC concentration set out in column 3 of the table to Schedule 1 or the applicable maximum VOC emission potential set out in column 2 of Schedule 2, as the case may be, may apply for a permit, or for a renewal of their permit, authorizing them to manufacture or import that product on or after the applicable date if it is not technically or economically feasible for them to, by that date, reduce the product’s VOC concentration or VOC emission potential, as the case may be, to a level that is less than or equal to that maximum VOC concentration or maximum VOC emission potential.Required informationThe application must be submitted to the Minister before the applicable date referred to in subsection 3(4) or the day on which the permit expires, as the case may be, and must contain the following information:the applicant’s name, civic and postal addresses, telephone number and, if any, fax number and email address;the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;the product’s common or generic name and trade name, if any;the product category set out in column 1 of the table to Schedule 1 or column 1 of Schedule 2 and, if applicable, the subcategory set out in column 2 of the table to Schedule 1 to which the product belongs, as well as the information used to determine its classification;the product’s VOC concentration or, in the case of a product that belongs to a product category set out in column 1 of Schedule 2, its VOC emission potential;the quantity of the product that the applicant expects to manufacture or import per calendar year, excluding any quantity that is manufactured or imported for export only;in the case of an application for the renewal of a permit in respect of the product, the number of the existing permit;the requested validity period for the permit, up to a maximum of two years;evidence that demonstrates that it will not be technically or economically feasible for the applicant to, by the applicable date referred to in subsection 3(4) or the day on which their permit is to expire, as the case may be, reduce the product’s VOC concentration or VOC emission potential, as the case may be, to a level that is less than or equal to the applicable maximum VOC concentration set out in column 3 of the table to Schedule 1 or the applicable maximum VOC emission potential set out in column 2 of Schedule 2, as the case may be;a plan describing the measures that will be taken to reduce the product’s VOC concentration or VOC emission potential, as the case may be, to a level that is less than or equal to the applicable maximum VOC concentration set out in column 3 of the table to Schedule 1 or the applicable maximum VOC emission potential set out in column 2 of Schedule 2, as the case may be; anda statement of the period within which the plan is to be implemented, up to a maximum of two years.ClarificationsThe Minister may, on receiving the application, require any clarifications that are necessary for the application to be processed.Notice of change to informationThe applicant must notify the Minister in writing of any change to the information provided under this section — other than that provided under paragraph (2)(f) — within 30 days after the day on which the change occurs.
Issuance or renewalSubject to subsection (2), the Minister must issue or renew a permit referred to in subsection 18(1) if the applicant has demonstrated that it will not be technically or economically feasible for them to, by the applicable date referred to in subsection 3(4) or the day on which their permit is to expire, as the case may be, reduce the product’s VOC concentration or VOC emission potential, as the case may be, to a level that is less than or equal to the applicable maximum VOC concentration set out in column 3 of the table to Schedule 1 or the applicable maximum VOC emission potential set out in column 2 of Schedule 2, as the case may be.RefusalThe Minister must refuse to issue or renew a permit ifthe Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; orthe information required under subsections 18(2) to (4) and the certification required under section 26 have not been provided or are insufficient to enable the Minister to process the application.ExpiryThe permit expires on the second anniversary of the day on which the permit becomes effective or on an earlier date specified in the permit unless the permit holder submits an application for renewal at least 90 days before the day on which the permit expires and the application is approved by the Minister. The renewed permit expires on the second anniversary of the day on which the renewal becomes effective or on an earlier date specified in the renewed permit.Application for renewalAn application for renewal may be made only once.Explanation of reasonsAn application for renewal must include an explanation of the reasons why the plan that was submitted in the initial permit application was not implemented within the period identified in that initial application.
Revocation — groundsThe Minister must revoke a permit issued or renewed under subsection 19(1) if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information.Notice of revocationBefore revoking a permit, the Minister must provide the permit holder with written reasons and an opportunity to make written representations concerning the revocation.
Accredited Laboratory
Accredited laboratoryAny analysis performed to determine the VOC concentration or VOC emission potential of a product for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:it is accreditedunder the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, orunder the Environment Quality Act, CQLR, c. Q-2; andsubject to subsection (2), the scope of its accreditation includes the analysis performed to determine the VOC concentration or VOC emission potential of a product.Standards of good practiceIf no method has been recognized by a standards development organization in respect of the analysis performed to determine the VOC concentration or VOC emission potential of a product and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.
Labelling
Date of manufactureBeginning on the applicable date referred to in subsection 3(4), any person that manufactures or imports a product that belongs to a product category set out in column 1 of the table to Schedule 1 or in column 1 of Schedule 2 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 must provide the Minister, on request, with an explanation of the code.ExemptionsSubsection (1) does not apply toa personal fragrance product referred to in item 11 of the table to Schedule 1 that is in a container of 2 ml or less; orany product that belongs to a product category set out in column 1 of that table and has a VOC concentration less than or equal to 0.10% w/w.
Instructions for useBeginning on the applicable date referred to in subsection 3(4), if a product is authorized to be manufactured or imported by a permit issued under subsection 16(1), the manufacturer or importer must ensure that, before the product is offered for sale or sold, it bears a label, or is accompanied by documentation, that sets out instructions in both official languages for the use of the product in a manner that results in lower VOC emissions than those that would result from the use of another product that belongs to the same category and, if applicable, the same subcategory that has a VOC concentration that is less than or equal to the applicable maximum VOC concentration set out in column 3 of the table to Schedule 1.
Record-Keeping
Records to be maintainedBeginning on the applicable date referred to in subsection 3(4), any person that manufactures or imports a product that contains VOCs and belongs to a product category set out in column 1 of the table to Schedule 1 or column 1 of Schedule 2 must maintain records containing the following information and any supporting documents:in the case of a manufacturer,the product’s common or generic name and trademark and trade name, if any, andthe quantity of the product that is manufactured at each manufacturing plant and the date of its manufacture; andin the case of an importer,the product’s common or generic name and trademark and trade name, if any,the quantity of the product that is imported and the date of its importation,the name, civic and postal addresses, telephone number and, if any, fax number and email address of the principal place of business of the product’s sender,the Harmonized Commodity Description and Coding System number for the product, as set out in the Customs Tariff, andthe business number assigned to the importer by the Minister of National Revenue.Records — information submitted to MinisterAny person that submits information to the Minister under these Regulations must maintain records containing that information and a copy of any supporting documents.Five yearsThe records must be kept for a period of at least five years afterthe day on which they are made, in the case of the records referred to in subsection (1); andthe day on which the information referred to in subsection (2) is submitted to the Minister, in the case of the records referred to in that subsection.
Location of recordsThe records referred to in section 24 must be kept 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 not kept at the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept.Change of addressIf the civic address referred to in subsection (1) changes, the person must notify the Minister in writing within 30 days after the day on which the change occurs.
Submission Requirements
CertificationAny information that is submitted under these Regulations must be accompanied by a certification, dated and signed by the person submitting the information or by their authorized representative, stating that the information is accurate and complete.
Electronic or paper formatAny document that is submitted under these Regulations may be submitted in paper format or in an electronic format that is compatible with the format that is used by the Minister.Electronic signatureIf the document is submitted in electronic format, the document may be signed electronically.
Related Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)
[Amendments]
Coming into Force
January 1 following first anniversary of registrationThese Regulations come into force on January 1 of the year following the calendar year of the first anniversary of the day on which they are registered.
(Subsections 1(1) and (4), 2(1) and 3(1) and (3), paragraph 3(4)(a), sections 4, 5 and 7, subsection 8(1), subparagraphs 8(2)(c)(ii) and (v) and 11(1)(c)(ii), subsection 11(2), paragraph 13(d), subparagraph 14(c)(ii), subsection 15(1), paragraphs 15(2)(d) and (h), subsection 16(1), paragraph 17(1)(a), subsection 18(1), paragraphs 18(2)(d), (i) and (j), subsection 19(1), sections 22 and 23 and subsection 24(1))Product Categories and VOC Concentration Limits
DefinitionsThe following definitions apply in this Schedule.cleaner or duster for energized equipment means a product that is designed to clean or dust equipment while there is an electrical current in the equipment or while there is a residual electrical potential from a component such as a capacitor. (nettoyant ou dépoussiéreur d’équipements sous tension)contact adhesive means non-aerosol adhesive – other than rubber cement that is designed for use on paper substrates and vulcanizing fluid that is designed solely for tire repair — thatis designed for application to surfaces to be bonded together;is to dry before the surfaces are placed in contact with each other;forms an immediate bond that makes it difficult or impossible to reposition the adhesive-coated surfaces after they are placed in contact with each other; anddoes not require sustained pressure or the clamping of surfaces to establish an adherence between the surfaces after the adhesive-coated surfaces have been brought together using momentary pressure. (adhésif de contact)
AerosolFor greater certainty, in this Schedule, a reference to “aerosol” does not include pump sprays.
OverviewThe table to this Schedule sets out VOC concentration limits for each product category or, if applicable, subcategory.
TABLEColumn 1Column 2Column 3ItemProduct CategorySubcategoryMaximum VOC Concentration (% w/w)Personal Care Products1Astringent, toner or clarifier, including astringent, toner or clarifier products that are impregnated in a substrate but excluding any product that is regulated as a drug under the Food and Drugs Act352Antiperspirant for the human axillaaerosol,in the case of a high vapour pressure VOC, 40,in the case of a medium vapour pressure VOC, 10non-aerosol03Deodorant for the human axillaaerosol,in the case of a high vapour pressure VOC, 0,in the case of a medium vapour pressure VOC, 10non-aerosol04Heavy-duty hand cleaner or soap, excluding any product that isa prescription drug;an antimicrobial hand or body cleaner or soap;an astringent or toner;a general-use hand or body cleaner or soap; orrubbing alcoholnon-aerosol,1all other forms85Hairstyling mousse designed to facilitate styling or provide limited holding power66Hair products that are designed for the primary purpose of creating a shine when applied to the hair, excluding any product whose primary purpose is to condition or hold the hair557Hairspray that is designed to hold or finish styled hair, excluding any product that aids in styling without holding the hair558Temporary hair-colour products that are designed to add colour, glitter or UV-active pigment to hair, wigs or fur or to cover thinning or balding areasaerosol559Any hairstyling product other than those referred to in items 5 to 8aerosol or pump spray,6all other forms210Nail polish remover111Personal fragrance products, excluding any product that isdesigned to alleviate fungal or bacterial growth and regulated as a drug under the Food and Drugs Act;a skin care product that is designed to alleviate skin conditions such as dryness or irritations;designed exclusively to be applied to genitalia, undergarments or sanitary pads;designed for cleaning the body; ordesigned for use in the mouthproduct containing fragrance less than or equal to 20% based on net weight,75product containing fragrance greater than 20% based on net weight6512Shaving cream or foamaerosol513Shaving gelaerosol4Maintenance Products14Automotive brake cleaner1015Automotive rubbing or polishing compound that is designed to remove oxides, old paint, scratches, swirl marks or other defects from the painted surfaces of motor vehicles without leaving a protective barrier1716Automotive wax, polish, sealant or glaze that is designed to enhance the painted surfaces of motor vehicles, seal out moisture from those surfaces or increase their gloss, excluding any product that isboth a wash and a wax;a surfactant-containing wash; orfor use on unpainted surfaceshard paste wax that does not contain water,45instant detailer that is in pump-spray format and is to be wiped off before the product dries,3all other forms1517Cleaners for carburetors, chokes, associated linkages or fuel-injection air intakes, including throttle bodies, excluding any product that isdesigned solely for introduction into a fuel line or a fuel storage tank; orpressurized and designed for introduction directly into air-intake vacuum lines during engine operation by using a sprayer wand1018Automotive wash, excluding any product that is designed exclusively for use on locomotives or aircraftnon-aerosol0.219Products designed to remove the following from the painted surfaces of motor vehicles:biological residue (such as insects or tree sap); orroad grime (such as tar, road-marking paint or asphalt)4020Undercoating products that provide a protective, non-paint layer to the undercarriage, trunk interior or firewall of motor vehicles to prevent the formation of rust or deaden sound, including rubberized, mastic and asphaltic productsaerosol4021Windshield water repellent7522Tire or wheel cleaner, excluding any product that is designed solely for use on locomotives or aircraftaerosol,8non-aerosol223Pressurized tire sealant and inflator2024Rubber or vinyl protectant, excluding any product that is a clear aerosol coating that does not contain pigments and is designed to be applied over any other coating; oran aerosol coating that contains pigments or resins and is designed exclusively for vinylaerosol,10non-aerosol325Engine degreaser that is designed to remove grease, oil or other contaminants from the external surfaces of engines or other mechanical partsaerosol,10non-aerosol526Lubricants, excluding any product that isan automotive power-steering fluid;designed for use inside power-generating motors, engines or turbines or associated power-transfer gearboxes;a two-cycle motor oil or another product that is designed to be added to fuels;a lubricant that is designed solely for releasing manufactured products from moulds; ora dry lubricant that is designed to provide lubricity by depositing a film of solid material (such as graphite, molybdenum disulfide, chemically related fluoropolymers or boron nitride)multi-purpose lubricants that are not solid or semi-solid,25silicone-based multi-purpose lubricants that are not solid or semi-solid,60penetrating lubricants designed primarily for loosening metal parts that have bonded together,25aerosol anti-seize lubricant,40non-aerosol anti-seize lubricant,3aerosol cutting or tapping oil,25non-aerosol cutting or tapping oil,3aerosol gear, chain or wire lubricant, excluding lubricant designed solely for use on chains of chain-driven vehicles,25non-aerosol gear, chain or wire lubricant, excluding lubricant designed solely for use on chains of chain-driven vehicles,3aerosol rust-preventative or rust-control lubricant,25non-aerosol rust-preventative or rust-control lubricant327Metal polish or cleanser, excluding any product that isdesigned solely for automotive or marine detailing; ordesigned for use in degreasing tanksaerosol,15non-aerosol328Air freshener, including air fresheners with disinfecting properties but excluding any product thatis a cleaning product; orconsists entirely of fragrance and any combination of low vapour pressure VOCs and compounds other than VOCssingle-phase aerosol,30double-phase aerosol,20liquid or pump spray,18solid or semi-solid,3aerosol that is designed for use as a disinfectant and air freshener6029Bathroom or tile cleaneraerosol,7non-aerosol130Carpet or upholstery cleaner, excluding any product that isa vinyl or leather cleaner;a dry-cleaning fluid; ordesigned for use solely at industrial facilities engaged in furniture or carpet manufacturingaerosol,5non-aerosol131Disinfectant, excluding any product thatis a moist towelette designed solely for use by medical, convalescent or veterinary establishments;is designed for use on heat-sensitive critical or semi-critical medical devices or medical-equipment surfaces;is represented to have disinfecting or antimicrobial properties and designed for use as a glass cleaner, toilet or urinal cleaner or deodorizer, metal polish or cleanser, or fabric refresher;is designed for application on food contact surfaces and does not require the surface to be rinsed after use; oris designed solely for use on humans or animals, in agriculture or in swimming pools, therapeutic tubs or hot tubsaerosol,70non-aerosol132Dusting aids designed to remove dust or other dirt from any surface without leaving a wax or silicone-based coatingaerosol,17non-aerosol333Electrical-equipment cleaner that is designed to remove heavy dirt (such as grease or oil) from electrical equipment (such as an electric motor, armature, relay, electric panel or generator), excluding any product that isa cleaner or duster for energized equipment; ordesigned for cleaning the casings or housings of electrical equipment4534Electronics cleaner that is designed to remove dirt, dust, moisture, flux or oxides from the internal components of electronic or precision equipment (such as circuit boards) or the internal components of electronic devices (such as radios, compact disc players, digital video disc players or computers), excluding any product that isa cleaner or duster for energized equipment; ordesigned for cleaning the casings or housings of electronic equipment7535Fabric refresher that is designed to neutralize or eliminate odours on soft surfaces (such as fabric, rugs, carpeting, footwear or athletic equipment), excluding any product that is designed for use on both fabric and human skinaerosol,15non-aerosol636Fabric protector that is designed to protect against soiling or reduce the absorption of liquid, excluding any product that is designed exclusively to repel water from fabric;designed for use primarily for colouring;a clear aerosol coating that contains no pigment and is designed to be applied over any other coating; oran aerosol coating that contains pigments or resins and is designed exclusively for use on fabricaerosol,60non-aerosol137Floor polish or wax that is designed for polishing, waxing, conditioning, protecting, temporarily sealing or otherwise enhancing floor surfaces by leaving a temporary protective finishproduct designed for use on flexible flooring,1product designed for use on non-flexible flooring,1product designed solely for use on wood flooring, excluding any product that cleans and waxes or cleans and polishes7038Floor maintenance products that are designed to maintain, restore or enhance a previously applied floor finish, excluding any product that isa floor polish; ordesigned solely for the purpose of cleaning floors or the maintenance of marble floors139Floor wax stripper, excluding any product that is designed to remove wax or polish solely by abrasionnon-aerosol products that are designed to remove a light or medium buildup of polish or wax,3non-aerosol products that are designed to remove a heavy buildup of polish or wax1240Footwear or leather care products that are designed to clean or protect footwear or leather articles or maintain, enhance or modify their appearance, durability, fit or flexibility, excluding any product that isa rubber or vinyl protectant;designed solely for deodorizing;a sealant with adhesive properties used to create an external protective layer greater than 2 mm thick; oran aerosol coating that contains pigments or resins and is designed exclusively for use on vinyl, fabric, leather or plasticaerosol,75solid,55all other forms1541Furniture maintenance products that are designed for polishing, protecting or enhancing finished surfaces, excluding any product that is designed solely for the purpose of cleaning or to leave a permanent finish (such as stains, sanding sealers or lacquers)aerosol,12non-aerosol, except one that is in solid or paste form342General-purpose hard-surface cleaneraerosol,8non-aerosol0.543General-purpose degreaser, excluding any product that is designed for use solely in solvent cleaning tanks or related equipmentaerosol,10non-aerosol0.544Glass cleaner, excluding any product that is designed solely for the purpose of cleaning eyeglasses or cleaning lenses used in photographic equipment, scientific instruments or photocopiersaerosol,10non-aerosol345Graffiti removeraerosol,50non-aerosol3046Laundry pre-wash that is designed to enhance the effectiveness of laundry detergents during wet-cleaningaerosol or solid,22all other forms547Laundry starch or sizing or finishing products4.548Multi-purpose solvent that is designed to disperse, dissolve or remove contaminants or other organic materials, excluding any product that is designedfor use in cold, vapour or conveyorized degreasers;for use in film-cleaning machines; orsolely for cleaning equipment used to apply polyaspartic or polyurea coatingsaerosol,30non-aerosol3049Hard-surface anti-odour productaerosol,25non-aerosol650Oven or grill cleaner that is designed to remove grease or deposits from food-preparation or food-cooking surfacesaerosol or pump spray,8non-aerosol451Paint or coating remover or stripper, excluding any product that is a paintbrush cleaner or hand cleaner5052Thinner or viscosity reducer for paints, lacquers or other coatings, excluding any product that isa solvent or thinner for use by artists;designed solely for thinning industrial maintenance coatings, zinc-rich primers or high-temperature coatings; ordesigned for use solely as an essential component in a specific coatingaerosol,30non-aerosol3053Pressurized-gas duster, excluding any product that isa cleaner or duster for energized equipment; ordesigned for use near an open flame154Spot removeraerosol,15non-aerosol355Toilet or urinal cleaning or deodorizing productsaerosol,10non-aerosol356Wood cleaner, excluding any product that is designed solely for preserving or colouring woodaerosol,17non-aerosol4Adhesives, Adhesive Removers, Sealants and Caulks57Acoustical sealant1058Structural waterproof adhesive759Non-aerosol adhesivespecial-purpose contact adhesive thatis packaged in a quantity of more than 236 ml but less than 3.785 l and is designed for use in bonding the following to any surface:melamine-covered board,unprimed metal,unsupported vinyl,fluoropolymers,ultra-high-molecular-weight polyethylene (UHMWPE),rubber,high-pressure laminate, orwood veneer that is less than or equal to 1.5875 mm thick, or80is designed for use in the following automotive applications:engine compartments requiring resistance to heat, oil or gasoline, orbody side moulding, weatherstrip or decorative trim,80general-purpose contact adhesive that is packaged in a quantity of less than 3.785 l,55single-component construction, panel or floor-covering adhesive — other than floor-seam sealers that are designed for use on installed flexible sheet flooring — that is packaged in a quantity of less than or equal to 475 ml or less than or equal to 454 g and that is designed for use onstructural and building components (such as beams, trusses, studs, panelling, moulding or countertops), orfloor or wall coverings,7general-purpose adhesive that is packaged in a quantity of less than or equal to 475 ml or less than or equal to 454 g1060Aerosol adhesive with a spray mechanism that is permanently housed in a non-refillable can that is designed for hand-held application without the need for any other hose or spray equipmentthe following special-purpose spray adhesives:mounting adhesive designed for permanently affixing photographs, artwork or any other drawn or printed media to a backing (such as paper, board or cloth),70adhesive for flexible vinyl that has at least 5% by weight of plasticizer content,70adhesive that is designed for use in automotive engine compartments and that, at temperatures of 93°C to 135°C, provides resistance to oil and plasticizer and has high shear strength,70polystyrene foam adhesive,65automotive headliner adhesive,65polyolefin adhesive,60laminate-repair or edge-banding adhesive designed fortouching up or repairing materials (such as sheet materials made of paper, fabric or other core materials) that have been laminated to a substrate at temperatures exceeding 129°C and pressures between 6 850 kPa and 9 650 kPa, ortouching up, repairing or attaching edge-banding materials (such as other laminates, synthetic marble, veneers, wood moulding or decorative metals),60mist or particle spray adhesive,65web spray adhesives other than those referred to in subparagraph (i) or (ii)5561Adhesive removerfloor or wall covering adhesive remover,5gasket or thread-locking adhesive remover, including products designed for use as both a paint stripper and gasket or thread-locking adhesive remover,50specialty adhesive remover that is designed to remove reactive adhesives (such as epoxies, urethanes or silicones) that require a hardener or catalyst for the bond to occur,70general-purpose adhesive remover2062Sealant or caulking compound that is packaged in a quantity of less than or equal to 475 ml or less than or equal to 454 g and that is designed to fill, seal, waterproof or weatherproof gaps or joints between two surfaces, excluding any product that isa roof cement or sealant;an insulating foam;a removable caulking compound that is designed to temporarily seal windows or doors;a clear, paintable caulking compound that is immediately water-resistant;a floor-seam sealer;designed solely for automotive applications;a sealer that is to be applied as a continuous coating; ora pipe-thread or pipe-joint compound4Miscellaneous Products63Anti-static productaerosol,80non-aerosol1164Non-stick aerosol cooking spray18
(Subsections 1(4), 2(1) and 3(2), paragraph 6(b), subsection 18(1), paragraphs 18(2)(d), (e), (i) and (j) and subsections 19(1), 22(1) and 24(1))Product Categories and Maximum VOC Emission PotentialsColumn 1Column 2ItemProduct CategoryMaximum VOC Emission Potential1Charcoal lighter products that are incorporated in or designed for use with charcoal to enhance ignition, excluding any product that isan electrical starter or probe;a metallic cylinder that uses paper tinder;natural gas;propane; orwood kindling with naturally occurring levels of sap or resin that enhance ignition of the kindling9 g per ignition, when used in accordance with the manufacturer’s instructions2Single-use dryer products that are designed to impart softness to, or control the static cling of, fabric0.05 g per load, when used in accordance with the manufacturer’s instructions