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

Regulations are current to 2013-05-26 and last amended on 2009-10-28. Previous Versions

Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

SOR/2009-264

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2009-09-09

Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

P.C. 2009-1535 2009-09-09

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 April 26, 2008, a copy of the proposed Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings 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;

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;

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) of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations.

INTERPRETATION

Marginal note:Definitions

  • 1. (1) The following definitions apply in these Regulations.

    “architectural coating”

    « revêtement architectural »

    “architectural coating” means a product to be applied onto or impregnated into a substrate, for use on traffic surfaces such as streets and highways, curbs, berms, driveways, parking lots, sidewalks and airport runways, or stationary structures, including temporary buildings and their appurtenances, whether installed or detached.

    “excluded compounds”

    « composés exclus »

    “excluded compounds” means the compounds that are excluded under item 65 of Schedule 1 of the Canadian Environmental Protection Act, 1999 and includes acetic acid, 1,1–dimethylethyl ester (C6H1202).

    “pigment”

    « pigment »

    “pigment” means finely ground insoluble powder that provides an architectural coating with any of the following properties: colour, corrosion inhibition, conductivity, opacity, sheen, gloss or improved mechanical properties.

    “volatile organic compounds” or “VOC”

    « composés organiques volatils » ou « COV »

    “volatile organic compounds” or “VOC” means volatile organic compounds that participate in atmospheric photochemical reactions and that are not excluded compounds.

  • Marginal note:Incorporation by reference

    (2) Any standard or method that is incorporated by reference in these Regulations is incorporated as amended from time to time.

APPLICATION

Marginal note:Application

  • 2. (1) These Regulations apply in respect of the architectural coatings set out in the schedule, except if they are

    • (a) for application to a product or a component of a product, in or on the premises of a factory or a shop, as part of a manufacturing, processing or repairing activity;

    • (b) manufactured, imported, offered for sale or sold to be used in scientific research;

    • (c) manufactured, imported, offered for sale or sold to be used as a laboratory sample or analytical standard; or

    • (d) manufactured, imported or sold for export or for shipment to other persons for processing or repackaging.

  • Marginal note:Non-application

    (2) These Regulations do not apply in respect of the following coatings:

    • (a) adhesives;

    • (b) aerosol coatings — pressurized coatings, containing pigments or resins, whose ingredients are dispensed by means of a propellant and are packaged in a disposable can for either

      • (i) hand-held application, or

      • (ii) use in specialized equipment for the marking of streets, highways or other traffic surfaces including curbs, berms, driveways, parking lots, sidewalks and airport runways;

    • (c) antifouling coatings — coatings for application to submerged stationary structures and their appurtenances, whether installed or detached, to prevent or reduce the attachment of marine or freshwater biological organisms, registered under the Pest Control Products Act; and

    • (d) wood preservatives — coatings to protect exposed wood from decay or insect attack, registered under the Pest Control Products Act.

  • Marginal note:Non-application — 1 L or less

    (3) These Regulations, except for sections 17 and 19, do not apply in respect of the following architectural coatings set out in the schedule if their container has a capacity of one litre or less:

    • (a) faux finish;

    • (b) any other high-temperature coating;

    • (c) any other lacquer, including lacquer sanding sealers;

    • (d) any other varnish;

    • (e) low solids coating;

    • (f) quick-dry enamel;

    • (g) interior wiping stain;

    • (h) exterior wood stain;

    • (i) any other stain; and

    • (j) rust preventive coating.