Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations (SOR/2009-197)

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:

Marginal note:Surface cleaner

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

Accredited Laboratory

Marginal note:Accredited laboratory

9 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

• 10 (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, if the manufacturer or importer has failed to indicate the date or code referred to in subsection (1) on the container in which the product is to be offered for sale, or sold, indicate that date or that code on the container and must provide the Minister, on request, with an explanation of the code.

Marginal note:Instructions for dilution — manufacturer or importer

• 11 (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

• 12 (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

• 13 (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 trademark 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 trademark 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 trademark 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.

Coming into Force

Marginal note:After registration — one year

• 14 (1) Subject to subsection (2), these Regulations come into force one year after the day on which they are registered.

• Marginal note:After registration — 18 months

  (2) Subsections 3(2) and 10(2), section 12 and paragraph 13(1)(c) of these Regulations come into force 18 months after the day on which they are registered.