Marginal note:Conditions for issuing permit

• 10. (1) Subject to subsection (2), the Minister must issue the permit if the following conditions are met:

  • (a) the applicant has provided evidence that it is not technically or economically feasible at the time of the application to reduce the VOC concentration in the architectural coating to the limit set out in column 2 of the schedule for that coating;

  • (b) the applicant has prepared a plan to identify the measures that will be taken by the applicant such that the VOC concentration in the architectural coating for manufacture or import is within the limit set out in column 2 of the schedule for that coating; and

  • (c) the period within which the plan is to be fully implemented does not exceed four years after the day on which the first permit is issued to the applicant.

• Marginal note:Grounds for refusing permit

  (2) The Minister must refuse to issue 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) information required under subsections 9(2) or (5) has not been provided or is insufficient to enable the Minister to process the application.

• Marginal note:Expiry and permit renewal

  (3) A permit expires 24 months after the day on which it is issued unless, within the period of 30 days before the day on which the permit expires, the applicant submits a new application in accordance with section 9. The validity of the first permit may only be extended once for an additional 24 months for a given architectural coating and the same use.

Marginal note:Grounds for revocation

• 11. (1) The Minister must revoke a permit if the Minister has reasonable grounds to believe that the implementation of the plan set out in paragraph 10(1)(b) will not be completed within the specified period or that the permit holder has provided false or misleading information.

• Marginal note:Conditions for revocation

  (2) The Minister must not revoke a permit unless the Minister has provided the permit holder with

  • (a) a written reason for the revocation; and

  • (b) an opportunity to be heard, by written representation, in respect of the revocation.

Marginal note:General formula

• 12. (1) Subject to subsection (2), the VOC concentration of an architectural coating set out in the schedule, diluted to the maximum recommendation of the manufacturer, importer or seller, excluding the volume of any water and excluded compounds, must be determined using the following equation:

  VOC concentration = (Ws - Ww - Wec) ÷ (Vm - Vw - Vec)

  where

  VOC concentration 

  is the VOC concentration of an architectural coating, in grams of VOC per litre of coating;

  Ws 

  is the weight of volatiles, in grams;

  Ww 

  is the weight of water, in grams;

  Wec 

  is the weight of excluded compounds, in grams;

  Vm 

  is the volume of architectural coating, in litres;

  Vw 

  is the volume of water, in litres; and

  Vec 

  is the volume of excluded compounds, in litres.

• Marginal note:Low solids coating

  (2) The VOC concentration of a low solids coating set out in the schedule, diluted to the maximum recommendation of the manufacturer, importer or seller, including the volume of any water and excluded compounds, must be determined using the following equation:

  VOC_ls concentration = (Ws - Ww - Wec) ÷ Vm

  where

  VOC_ls concentration 

  is the VOC concentration of a low solids (ls) coating, in grams of VOC per litre of coating,

  Ws 

  is the weight of volatiles, in grams,

  Ww 

  is the weight of water, in grams,

  Wec 

  is the weight of excluded compounds, in grams, and

  Vm 

  is the volume of architectural coating, in litres.

• Marginal note:Colourant

  (3) The VOC concentration of an architectural coating must be determined excluding any colourant that is added after the tint base is manufactured or imported, as the case may be, and packaged for sale.