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

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.