GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Volatile Organic Compound Concentration Limits for Certain Products Regulations — Volatile Organic Compound Concentration Limits for Certain Products Regulations
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 )
Volatile Organic Compound Concentration Limits for Certain Products Regulations — Volatile Organic Compound Concentration Limits for Certain Products Regulations
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 )
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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. 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.
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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. 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. 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. 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.
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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. 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.
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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 [(W S − W EX ) ÷ W P ] × 100 where W S 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; W EX 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 W P is the net weight of the product, expressed in grams. Aerosol products (2) For the purposes of the descriptions W S and W EX , 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. 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.
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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.
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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.
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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. 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 . Clarifications (3) The Minister may, on receiving the application, require any clarifications that are necessary for the application to be processed. 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.
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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). 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.
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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. 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.
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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. 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. 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. 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. 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.
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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 [(A i − B i ) × W i ] where A i 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, B i 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 W i 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.
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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.
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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. 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. Clarifications (3) The Minister may, on receiving the application, require any clarifications that are necessary for the application to be processed. 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.