Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations (SOR/2009-264)

Regulations are current to 2020-10-05 and last amended on 2019-06-17. Previous Versions

Permits

Application

Marginal note:Requirement for permit

  •  (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 trademark 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.

  • Marginal note:Certification

    (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.

  • 2014, c. 20, s. 366(E)

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, at the time of the application, it is not technically or economically feasible for the applicant 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 architectural coating for manufacture or import is within the limit set out in column 2 of the schedule for that coating; 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 9(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 a new application in accordance with section 9. The validity of the first permit may only be extended once for an additional 24 months for a given architectural coating and the same use.

  • SOR/2018-11, s. 49(E)

Revocation

Marginal note:Grounds for revocation

  •  (1) The Minister must revoke a permit if the Minister has reasonable grounds to believe that the implementation of the plan set out in paragraph 10(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) a written reason for the revocation; and

    • (b) an opportunity to be heard, by written representation, in respect of the revocation.

Determination of VOC Concentration

Marginal note:General formula

  •  (1) Subject to subsection (2), the VOC concentration of an architectural coating set out in the schedule, diluted to the maximum recommendation of the manufacturer, importer or seller, excluding the volume of any water and excluded compounds, must be determined using the following equation:

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

    where

    VOC concentration
    is the VOC concentration of an architectural coating, in grams of VOC per litre of coating;
    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 architectural coating, in litres;
    Vw
    is the volume of water, in litres; and
    Vec
    is the volume of excluded compounds, in litres.
  • Marginal note:Low solids coating

    (2) The VOC concentration of a low solids coating set out in the schedule, diluted to the maximum recommendation of the manufacturer, importer or seller, including the volume of any water and excluded compounds, must be determined using the following equation:

    VOCls concentration = (Ws - Ww - Wec) ÷ Vm

    where

    VOCls concentration
    is the VOC concentration of a low solids (ls) coating, in grams of VOC per litre of coating,
    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 architectural coating, in litres.
  • Marginal note:Colourant

    (3) The VOC concentration of an architectural coating must be determined excluding any colourant that is added after the tint base is manufactured or imported, as the case may be, and packaged for sale.

  • SOR/2009-264, err.(F), Vol. 143, No. 21, err., Vol. 143, No. 22

Test Methods

Drying Times

Marginal note:Quick-dry enamel

  •  (1) The set-to-touch, tack-free and dry-hard times of a quick-dry enamel set out in the schedule must be determined in accordance with ASTM D 1640–03, entitled Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature, except that the standard must be read as excluding references to any agreement between the purchaser and the seller as well as the following:

    • (a) sections 2, 2.1, 4 and 4.1 with the exception of Table 1 of section 4.1;

    • (b) sections 7.3, 7.3.1, 7.5, 7.5.1, 7.5.2, 7.7, 7.7.1, 7.8 and 7.8.1;

    • (c) sections 10, 10.1, except the expression “duplicate determinations should agree within 10% of the time of drying”, and 10.2.

  • Marginal note:Excluded methods

    (2) For the purpose of these Regulations, standard ASTM D 1640–03 must be read as excluding the following referenced standards:

    • (a) ASTM D 823; and

    • (b) ASTM D 1005.

  • Marginal note:Reference to standards

    (3) Any reference to a standard in this section is a reference to the version of that standard that is in effect at the time the determination under subsection (1) is made.

  • SOR/2018-11, s. 50
 
Date modified: