Volatile Organic Compound Concentration Limits for Certain Products Regulations (SOR/2021-268)

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.