Volatile Organic Compound Concentration Limits for Certain Products Regulations (SOR/2021-268)
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Regulations are current to 2024-06-11 and last amended on 2023-01-01. Previous Versions
Volatile Organic Compound Concentration Limits for Certain Products Regulations
SOR/2021-268
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2021-12-21
Volatile Organic Compound Concentration Limits for Certain Products Regulations
P.C. 2021-1026 2021-12-17
Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, 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;
Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;
Return to footnote cS.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 286.1Footnote d and 326 of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Volatile Organic Compound Concentration Limits for Certain Products Regulations.
Return to footnote dS.C. 2009, c. 14, s. 80
Interpretation
Marginal note:Definitions
1 (1) The following definitions apply in these Regulations.
- adhesive
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
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
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
low vapour pressure VOC, in respect of a product other than an antiperspirant or deodorant for the human axilla, means a VOC that
(a) has a vapour pressure of less than 0.013 kPa when measured at 20°C;
(b) has a boiling point that is greater than 216°C; or
(c) contains more than 12 carbon atoms per molecule. (COV à faible pression de vapeur)
- medium vapour pressure VOC
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
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
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)
Marginal note:VOC concentration
(2) For 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).
Marginal note:Net quantity
(3) For the purposes of these Regulations, the quantity of a product or the quantity of VOCs in a product is the net quantity.
Marginal note:Product category or subcategory
(4) For 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.
Marginal note:Design
(5) For 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
Marginal note:Products
2 (1) These 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.
Marginal note:Non-application — certain products
(2) These Regulations do not apply in respect of products that are
(a) designed to be used solely in a manufacturing or processing activity;
(b) to be used solely in a laboratory for analysis, in scientific research or as a laboratory analytical standard;
(c) regulated under the Pest Control Products Act;
(d) manufactured or imported for export only;
(e) adhesives that are to be sold in containers of 30 ml or less;
(f) 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;
(g) used in or on a new car at the time of its manufacture; or
(h) in transit through Canada, from a place outside Canada to another place outside Canada.
Maximum VOC Concentrations and Maximum VOC Emission Potentials
Marginal note:Prohibition
3 (1) Subject 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, unless
(a) the 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; or
(b) a permit has been issued under section 9, 16 or 19 in respect of the product.
Marginal note:Product categories set out in Schedule 2
(2) Subject 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.
Marginal note:Non-application of paragraph (1)(a)
(3) 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.
Marginal note:Start date for prohibitions
(4) The prohibitions set out in subsections (1) and (2) apply beginning on
(a) in 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; or
(b) in 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.
Marginal note:Product belonging to more than one product category
4 (1) Subject 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.
Marginal note:Exception for certain categories
(2) The 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:
(a) antiperspirant for the human axilla referred to in item 2 of the table to Schedule 1;
(b) deodorant for the human axilla referred to in item 3 of that table;
(c) hair products referred to in item 6 of that table; or
(d) general-purpose cleaner referred to in item 42 of that table.
Marginal note:Determination of VOC concentration
5 (1) For 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] × 100
where
- WS
- is 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;
- WEX
- is 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:
(a) water, ammonia and any other inorganic substances;
(b) compounds that are excluded under item 65 of Schedule 1 to the Canadian Environmental Protection Act, 1999;
(c) 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,
(i) 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,
(ii) colourants and fragrances that, combined, constitute 2% or less of the product’s net weight, and
(iii) ethanol;
(d) in the case of a personal fragrance product referred to in item 11 of that table,
(i) low vapour pressure VOCs, and
(ii) fragrances;
(e) in the case of a pressurized gas duster referred to in item 53 of that table, low vapour pressure VOCs; and
(f) in the case of a product other than a product referred to in paragraph (c), (d) or (e),
(i) low vapour pressure VOCs, and
(ii) fragrances that, combined, constitute 2% or less of the product’s net weight; and
- WP
- is the net weight of the product, expressed in grams.
Marginal note:Aerosol products
(2) For 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.
Marginal note:Antiperspirants and deodorants
(3) If 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.
Marginal note:Determination of VOC emission potential
6 When determining the VOC emission potential for the purposes of these Regulations, the following substances are excluded:
(a) low vapour pressure VOCs; and
(b) in 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 System
Participation
Marginal note:Purpose of compliance unit trading system
7 A 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:
(a) 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;
(b) transfer unused compliance units to another person in accordance with section 12; or
(c) use 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.
Marginal note:Permit — participants in compliance unit trading system
8 (1) A 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.
Marginal note:Required information
(2) The application must be submitted to the Minister and must contain the following information:
(a) the applicant’s name, civic and postal addresses, telephone number and, if any, fax number and email address;
(b) the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;
(c) for each product in respect of which a permit is sought,
(i) its common or generic name and its trade name, if any,
(ii) 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,
(iii) the VOC concentrations at which the applicant expects to manufacture or import the product,
(iv) 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, and
(v) for 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) × W
where
- A
- is the VOC concentration of the product,
- B
- is 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, and
- W
- is 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; and
(d) a 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.
Marginal note:Clarifications
(3) The Minister may, on receiving the application, require any clarifications that are necessary for the application to be processed.
Marginal note:Notice of change to information
(4) The 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.
Marginal note:Issuance
9 (1) Subject 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).
Marginal note:Refusal
(2) The Minister must refuse to issue the 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) the 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.
Marginal note:Revocation — grounds
10 (1) The Minister must revoke a permit issued under subsection 9(1) if
(a) the permit holder has not submitted the annual report referred to in section 13 within the prescribed time limit;
(b) 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); or
(c) the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information.
Marginal note:Notice of revocation
(2) Before 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
Marginal note:Notice of participation
11 (1) A 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:
(a) the person’s name, civic and postal addresses, telephone number and, if any, fax number and email address;
(b) the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable; and
(c) respecting the product,
(i) its common or generic name and its trade name, if any,
(ii) 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,
(iii) its lowest VOC concentration prior to reformulation, the date of reformulation and its VOC concentration after reformulation, and
(iv) the 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.
Marginal note:Generation of compliance units
(2) A 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 formula
Σ [(Bi − Ci) × Wi]
where
- Bi
- is, 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;
- Ci
- is, for each reformulated product, the product’s VOC concentration after reformulation; and
- Wi
- is, 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.
Marginal note:First year of participation
(3) For 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.
Marginal note:Availability confirmed by Minister
(4) The 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.
Marginal note:Valid for two years
(5) Compliance 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.
Marginal note:Transfer of compliance units
12 (1) A 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.
Marginal note:Application for approval of transfer
(2) The 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:
(a) the names of the transferee and transferor and their civic and postal addresses, telephone numbers and, if any, fax numbers and email addresses;
(b) the number of compliance units to be transferred;
(c) the year during which the compliance units were generated; and
(d) the effective date of the transfer.
Marginal note:Approval by Minister
(3) The 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.
Marginal note:Use by transferee
(4) The 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.
Marginal note:Invalid transfer
(5) For 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
Marginal note:Permit issued under subsection 9(1)
13 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:
(a) the person’s name, civic and postal addresses, telephone number and, if any, fax number and email address;
(b) the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;
(c) for each product that the person manufactured or imported under a permit issued under subsection 9(1) during the year in question,
(i) its common or generic name and its trade name, if any,
(ii) the permit number,
(iii) the VOC concentrations at which the product was manufactured or imported, and
(iv) for 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;
(d) 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 formula
Σ [(Ai − Bi) × Wi]
where
- Ai
- is, 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,
- Bi
- is, 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, and
- Wi
- is, 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;
(e) the values and data used in the calculation made in accordance with paragraph (d);
(f) the number of compliance units that are being used to compensate for the excess quantity of VOCs determined in accordance with paragraph (d) and
(i) a statement as to whether those compliance units were generated by the person or were transferred to them, and
(ii) if the compliance units were transferred, the date of the transfer and the name of the transferor; and
(g) confirmation 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.
Marginal note:Person that generates compliance units
14 A 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:
(a) the person’s name, civic and postal addresses, telephone number and, if any, fax number and email address;
(b) the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;
(c) for each reformulated product for which they have elected to participate in the compliance unit trading system for the calendar year in question,
(i) its common or generic name and its trade name, if any,
(ii) 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,
(iii) its VOC concentration after reformulation and the date of the reformulation, and
(iv) the 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;
(d) 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; and
(e) confirmation 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
Marginal note:Application
15 (1) A 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.
Marginal note:Required information
(2) The application must be submitted to the Minister and must contain the following information:
(a) the applicant’s name, civic and postal addresses, telephone number and, if any, fax number and email address;
(b) the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;
(c) the product’s common or generic name and trade name, if any;
(d) 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;
(e) the product’s VOC concentration;
(f) 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;
(g) in the case of an application for the renewal of a permit in respect of the product, the number of the existing permit; and
(h) evidence 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.
Marginal note:Clarifications
(3) The Minister may, on receiving the application, require any clarifications that are necessary for the application to be processed.
Marginal note:Notice of change to information
(4) The 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.
Marginal note:Issuance or renewal
16 (1) Subject 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.
Marginal note:Refusal
(2) The Minister must refuse to issue or renew the 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) the 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.
Marginal note:Expiry
(3) The 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.
Marginal note:Revocation — grounds
17 (1) The Minister must revoke a permit issued or renewed under subsection 16(1) in respect of a product if
(a) the 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;
(b) the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information; or
(c) the product does not bear a label, or is not accompanied by documentation, that sets out the instructions referred to in section 23.
Marginal note:Notice of revocation
(2) Before 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
Marginal note:Application
18 (1) A 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.
Marginal note:Required information
(2) The 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:
(a) the applicant’s name, civic and postal addresses, telephone number and, if any, fax number and email address;
(b) the name, title, civic and postal addresses, telephone number and, if any, fax number and email address of their authorized representative, if applicable;
(c) the product’s common or generic name and trade name, if any;
(d) 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;
(e) 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;
(f) 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;
(g) in the case of an application for the renewal of a permit in respect of the product, the number of the existing permit;
(h) the requested validity period for the permit, up to a maximum of two years;
(i) 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;
(j) 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; and
(k) a statement of the period within which the plan is to be implemented, up to a maximum of two years.
Marginal note:Clarifications
(3) The Minister may, on receiving the application, require any clarifications that are necessary for the application to be processed.
Marginal note:Notice of change to information
(4) The 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.
Marginal note:Issuance or renewal
19 (1) Subject 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.
Marginal note:Refusal
(2) The Minister must refuse to issue or renew 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) the 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.
Marginal note:Expiry
(3) The 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.
Marginal note:Application for renewal
(4) An application for renewal may be made only once.
Marginal note:Explanation of reasons
(5) An 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.
Marginal note:Revocation — grounds
20 (1) The 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.
Marginal note:Notice of revocation
(2) Before 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
Marginal note:Accredited laboratory
21 (1) Any 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:
(a) it is accredited
(i) under 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, or
(ii) under the Environment Quality Act, CQLR, c. Q-2; and
(b) subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the VOC concentration or VOC emission potential of a product.
Marginal note:Standards of good practice
(2) If 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
Marginal note:Date of manufacture
22 (1) Beginning 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.
Marginal note:Exemptions
(2) Subsection (1) does not apply to
(a) a personal fragrance product referred to in item 11 of the table to Schedule 1 that is in a container of 2 ml or less; or
(b) any 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.
Marginal note:Instructions for use
23 Beginning 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
Marginal note:Records to be maintained
24 (1) Beginning 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:
(a) in the case of a manufacturer,
(i) the product’s common or generic name and trademark and trade name, if any, and
(ii) the quantity of the product that is manufactured at each manufacturing plant and the date of its manufacture; and
(b) in the case of an importer,
(i) the product’s common or generic name and trademark and trade name, if any,
(ii) the quantity of the product that is imported and the date of its importation,
(iii) 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,
(iv) the Harmonized Commodity Description and Coding System number for the product, as set out in the Customs Tariff, and
(v) the business number assigned to the importer by the Minister of National Revenue.
Marginal note:Records — information submitted to Minister
(2) Any person that submits information to the Minister under these Regulations must maintain records containing that information and a copy of any supporting documents.
Marginal note:Five years
(3) The records must be kept for a period of at least five years after
(a) the day on which they are made, in the case of the records referred to in subsection (1); and
(b) the 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.
Marginal note:Location of records
25 (1) The 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.
Marginal note:Change of address
(2) If 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
Marginal note:Certification
26 Any 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.
Marginal note:Electronic or paper format
27 (1) Any 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.
Marginal note:Electronic signature
(2) If 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)
28 [Amendments]
Coming into Force
Marginal note:January 1 following first anniversary of registration
29 These 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.
SCHEDULE 1(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
Marginal note:Definitions
1 The following definitions apply in this Schedule.
- cleaner or duster for energized equipment
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
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 — that
(a) is designed for application to surfaces to be bonded together;
(b) is to dry before the surfaces are placed in contact with each other;
(c) 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; and
(d) does 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)
Marginal note:Aerosol
2 For greater certainty, in this Schedule, a reference to “aerosol” does not include pump sprays.
Marginal note:Overview
3 The table to this Schedule sets out VOC concentration limits for each product category or, if applicable, subcategory.
TABLE
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Product Category | Subcategory | Maximum VOC Concentration (% w/w) |
| Personal Care Products | |||
| 1 | Astringent, 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 Act | 35 | |
| 2 | Antiperspirant for the human axilla |
|
|
| 0 | ||
| 3 | Deodorant for the human axilla |
|
|
| 0 | ||
| 4 | Heavy-duty hand cleaner or soap, excluding any product that is
|
| 1 |
| 8 | ||
| 5 | Hairstyling mousse designed to facilitate styling or provide limited holding power | 6 | |
| 6 | Hair 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 hair | 55 | |
| 7 | Hairspray that is designed to hold or finish styled hair, excluding any product that aids in styling without holding the hair | 55 | |
| 8 | Temporary 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 areas | aerosol | 55 |
| 9 | Any hairstyling product other than those referred to in items 5 to 8 |
| 6 |
| 2 | ||
| 10 | Nail polish remover | 1 | |
| 11 | Personal fragrance products, excluding any product that is
|
| 75 |
| 65 | ||
| 12 | Shaving cream or foam | aerosol | 5 |
| 13 | Shaving gel | aerosol | 4 |
| Maintenance Products | |||
| 14 | Automotive brake cleaner | 10 | |
| 15 | Automotive 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 barrier | 17 | |
| 16 | Automotive 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 is
|
| 45 |
| 3 | ||
| 15 | ||
| 17 | Cleaners for carburetors, chokes, associated linkages or fuel-injection air intakes, including throttle bodies, excluding any product that is
| 10 | |
| 18 | Automotive wash, excluding any product that is designed exclusively for use on locomotives or aircraft | non-aerosol | 0.2 |
| 19 | Products designed to remove the following from the painted surfaces of motor vehicles:
| 40 | |
| 20 | Undercoating 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 products | aerosol | 40 |
| 21 | Windshield water repellent | 75 | |
| 22 | Tire or wheel cleaner, excluding any product that is designed solely for use on locomotives or aircraft |
| 8 |
| 2 | ||
| 23 | Pressurized tire sealant and inflator | 20 | |
| 24 | Rubber or vinyl protectant, excluding any product that is
|
| 10 |
| 3 | ||
| 25 | Engine degreaser that is designed to remove grease, oil or other contaminants from the external surfaces of engines or other mechanical parts |
| 10 |
| 5 | ||
| 26 | Lubricants, excluding any product that is
|
| 25 |
| 60 | ||
| 25 | ||
| 40 | ||
| 3 | ||
| 25 | ||
| 3 | ||
| 25 | ||
| 3 | ||
| 25 | ||
| 3 | ||
| 27 | Metal polish or cleanser, excluding any product that is
|
| 15 |
| 3 | ||
| 28 | Air freshener, including air fresheners with disinfecting properties but excluding any product that
|
| 30 |
| 20 | ||
| 18 | ||
| 3 | ||
| 60 | ||
| 29 | Bathroom or tile cleaner |
| 7 |
| 1 | ||
| 30 | Carpet or upholstery cleaner, excluding any product that is
|
| 5 |
| 1 | ||
| 31 | Disinfectant, excluding any product that
|
| 70 |
| 1 | ||
| 32 | Dusting aids designed to remove dust or other dirt from any surface without leaving a wax or silicone-based coating |
| 17 |
| 3 | ||
| 33 | Electrical-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 is
| 45 | |
| 34 | Electronics 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 is
| 75 | |
| 35 | Fabric 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 skin |
| 15 |
| 6 | ||
| 36 | Fabric protector that is designed to protect against soiling or reduce the absorption of liquid, excluding any product that is
|
| 60 |
| 1 | ||
| 37 | Floor polish or wax that is designed for polishing, waxing, conditioning, protecting, temporarily sealing or otherwise enhancing floor surfaces by leaving a temporary protective finish |
| 1 |
| 1 | ||
| 70 | ||
| 38 | Floor maintenance products that are designed to maintain, restore or enhance a previously applied floor finish, excluding any product that is
| 1 | |
| 39 | Floor wax stripper, excluding any product that is designed to remove wax or polish solely by abrasion |
| 3 |
| 12 | ||
| 40 | Footwear 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 is
|
| 75 |
| 55 | ||
| 15 | ||
| 41 | Furniture 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) |
| 12 |
| 3 | ||
| 42 | General-purpose hard-surface cleaner |
| 8 |
| 0.5 | ||
| 43 | General-purpose degreaser, excluding any product that is designed for use solely in solvent cleaning tanks or related equipment |
| 10 |
| 0.5 | ||
| 44 | Glass cleaner, excluding any product that is designed solely for the purpose of cleaning eyeglasses or cleaning lenses used in photographic equipment, scientific instruments or photocopiers |
| 10 |
| 3 | ||
| 45 | Graffiti remover |
| 50 |
| 30 | ||
| 46 | Laundry pre-wash that is designed to enhance the effectiveness of laundry detergents during wet-cleaning |
| 22 |
| 5 | ||
| 47 | Laundry starch or sizing or finishing products | 4.5 | |
| 48 | Multi-purpose solvent that is designed to disperse, dissolve or remove contaminants or other organic materials, excluding any product that is designed
|
| 30 |
| 30 | ||
| 49 | Hard-surface anti-odour product |
| 25 |
| 6 | ||
| 50 | Oven or grill cleaner that is designed to remove grease or deposits from food-preparation or food-cooking surfaces |
| 8 |
| 4 | ||
| 51 | Paint or coating remover or stripper, excluding any product that is a paintbrush cleaner or hand cleaner | 50 | |
| 52 | Thinner or viscosity reducer for paints, lacquers or other coatings, excluding any product that is
|
| 30 |
| 30 | ||
| 53 | Pressurized-gas duster, excluding any product that is
| 1 | |
| 54 | Spot remover |
| 15 |
| 3 | ||
| 55 | Toilet or urinal cleaning or deodorizing products |
| 10 |
| 3 | ||
| 56 | Wood cleaner, excluding any product that is designed solely for preserving or colouring wood |
| 17 |
| 4 | ||
| Adhesives, Adhesive Removers, Sealants and Caulks | |||
| 57 | Acoustical sealant | 10 | |
| 58 | Structural waterproof adhesive | 7 | |
| 59 | Non-aerosol adhesive |
| |
| 80 | ||
| 80 | ||
| 55 | ||
| 7 | ||
| 10 | ||
| 60 | Aerosol 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 equipment |
| |
| 70 | ||
| 70 | ||
| 70 | ||
| 65 | ||
| 65 | ||
| 60 | ||
| 60 | ||
| 65 | ||
| 55 | ||
| 61 | Adhesive remover |
| 5 |
| 50 | ||
| 70 | ||
| 20 | ||
| 62 | Sealant 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 is
| 4 | |
| Miscellaneous Products | |||
| 63 | Anti-static product |
| 80 |
| 11 | ||
| 64 | Non-stick aerosol cooking spray | 18 | |
SCHEDULE 2(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 Potentials
| Column 1 | Column 2 | |
|---|---|---|
| Item | Product Category | Maximum VOC Emission Potential |
| 1 | Charcoal lighter products that are incorporated in or designed for use with charcoal to enhance ignition, excluding any product that is
| 9 g per ignition, when used in accordance with the manufacturer’s instructions |
| 2 | Single-use dryer products that are designed to impart softness to, or control the static cling of, fabric | 0.05 g per load, when used in accordance with the manufacturer’s instructions |
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