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

Test Methods

Drying Times

Marginal note:Quick-dry enamel

• 13 (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.

Surface Chalkiness

Marginal note:Specialty primer, sealer or undercoater

• 14 (1) The chalkiness of a surface to be conditioned by the application of a specialty primer, sealer or undercoater set out in the schedule must be determined in accordance with ASTM D 4214–07, entitled Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films, except that the expression “as agreed upon between the producer, user, or other interested parties” must be excluded as well as the following:

  • (a) sections 2, 2.1 and 2.2;

  • (b) sections 6.2.3 and 6.4; and

  • (c) sections 8, 8.1 and 8.2.

• Marginal note:Excluded methods

  (2) For the purpose of these Regulations, standard ASTM D 4214–07 must be read as excluding the following referenced standards:

  • (a) ASTM D 622; and

  • (b) ASTM E 1347.

• Marginal note:Interpretation

  (3) Wherever the expression “degree of chalking” appears in ASTM D 4214–07, it must be read to mean “chalkiness” as set out in these Regulations.

• Marginal note:Reference to standards

  (4) 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.

Marginal note:Documents incorporated by reference — interpretation

15 For the purposes of interpreting the documents incorporated by reference into these Regulations, “should” must be read to mean “must” and any recommendation and suggestions must be read as an obligation.

Accredited Laboratory

Marginal note:Accredited laboratory

16 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 and its accreditation must include the analysis in question within its scope of testing.

Labelling

Marginal note:Required information — manufacturer or importer

• 17 (1) Any person that manufactures or imports an architectural coating set out in the schedule must indicate, at the place specified below on the container in which the architectural coating is to be sold, the following information:

  • (a) on the container’s label, lid or bottom, the date on which the architectural coating was manufactured or a code representing that date;

  • (b) on the container’s label or lid, the instructions regarding dilution of the architectural coating with solvents other than water or, if dilution or thinning of the architectural coating prior to use is not necessary, a statement that the coating is to be applied without dilution or thinning;

  • (c) in the case of an industrial maintenance coating, on the container’s label or lid, one or more of the following statements:

    • (i) “For industrial use only”,

    • (ii) “For professional use only”,

    • (iii) “Not for residential use”, or

    • (iv) “Not intended for residential use”;

  • (d) in the case of a clear brushing lacquer, on the container’s label or lid, the statement “For brush application only” and either

    • (i) “This product must not be diluted or sprayed”, or

    • (ii) “This product must not be thinned or sprayed”;

  • (e) in the case of a rust preventive coating, on the container’s label or lid, one of the following statements:

    • (i) “For metal surfaces only”, or

    • (ii) “For metal substrates only”;

  • (f) in the case of a specialty primer, sealer or undercoater, on the container’s label or lid, one or more of the following statements:

    • (i) “For blocking stains”,

    • (ii) “For fire-damaged surfaces” or “For fire-damaged substrates”,

    • (iii) “For smoke-damaged surfaces” or “For smoke-damaged substrates”,

    • (iv) “For water-damaged surfaces” or “For water-damaged substrates”, or

    • (v) “For excessively chalky surfaces” or “For excessively chalky substrates”;

  • (g) in the case of a quick-dry enamel, on the container’s label or lid, the dry–hard time and the words “Quick dry”;

  • (h) in the case of a high-gloss coating, on the container’s label, the words “High gloss”; and

  • (i) in the case of a traffic marking coating with a VOC concentration greater than 150 g/L, on the container’s label or lid, the statement “Not for application for the period beginning on May 1 and ending on Oct 15”.

• Marginal note:Required information — seller

  (1.1) A person that offers for sale or sells an architectural coating set out in the schedule must indicate the information in accordance with subsection (1) on the container in which the coating is to be sold if the manufacturer or importer has failed to do so in accordance with that subsection.

• Marginal note:Effective date

  (2) Subject to subsection 4(2), subsections (1) and (1.1) take effect in respect of each architectural coating set out in the schedule

  • (a) for the manufacturer or the importer, on the corresponding anniversary of the day on which these Regulations come into force as set out in column 3; or

  • (b) for the seller or the person offering for sale, two years after the corresponding anniversary of the day on which these Regulations come into force as set out in column 3.

• Marginal note:Readability

  (3) The information must be displayed legibly and conspicuously and in the same manner in both official languages.

• Marginal note:Date code

  (4) Every manufacturer or importer of an architectural coating set out in the schedule must provide the Minister, on request, with an explanation of any date code indicated on the coating’s container to represent the date of manufacture.

Marginal note:Information concerning VOC concentration

18 If a person manufactures, imports, sells or offers for sale an architectural coating set out in the schedule and indicates the VOC concentration on the container in which the architectural coating is to be sold, then the VOC concentration of the coating must be calculated in accordance with section 12.

Record Keeping

Marginal note:Required information

• 19 (1) Any person that manufactures, imports or sells an architectural coating 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 architectural coating manufactured at each manufacturing plant,

    • (ii) the trademark and trade name of the architectural coating manufactured, and

    • (iii) the date of the architectural coating’s manufacture;

  • (b) in the case of a person that imports,

    • (i) the quantity of the architectural coating imported,

    • (ii) the trademark and trade name of the architectural coating imported,

    • (iii) the port of entry where the architectural coating 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 of the architectural coating,

    • (v) the date of import of the architectural coating,

    • (vi) the Harmonized Commodity Description and Coding System number for the architectural coating,

    • (vii) the importer number for the architectural coating shipped, and

    • (viii) the copies of the bill of lading, invoice and all documents submitted to the Canada Border Services Agency for the architectural coating shipped;

  • (c) in the case of a person that sells to a supplier, wholesaler or retailer,

    • (i) the quantity of the architectural coating sold,

    • (ii) the trademark and trade name of the architectural coating sold,

    • (iii) the date of the sale of the architectural coating,

    • (iv) the delivery date of the architectural coating, and

    • (v) the name, civic or postal address of each supplier, wholesaler and retailer to whom the architectural coating was sold.

• Marginal note:Record keeping information concerning permits

  (2) Any person that submits the information set out in subsection 9(2) must keep a record of that information, supporting documents and the certification referred to in subsection 9(3) for a period of at least five years after the day on which they are submitted.

• Marginal note:Location and time limits of records

  (3) The records, supporting documents and the certification referred to in subsection 9(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:Registration

20 These Regulations come into force on the day on which they are registered.