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

Regulations are current to 2024-10-30 and last amended on 2019-06-17. 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

    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. (revêtement architectural)

    excluded compounds

    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). (composés exclus)

    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. (pigment)

    volatile organic compounds

    volatile organic compounds or VOC means volatile organic compounds that participate in atmospheric photochemical reactions and that are not excluded compounds. (composés organiques volatils ou COV)

  • 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.

  • SOR/2018-11, s. 48(F)
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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.

Prohibitions

Marginal note:Manufacture or import

  • 3 (1) A person must not manufacture or import any architectural coating set out in column 1 of the schedule if its concentration of volatile organic compounds exceeds the limit set out in column 2 for that architectural coating unless

    • (a) dilution of the architectural coating before its use is required and in accordance with the written instructions of the manufacturer, importer or seller, to a VOC concentration equal to or less than that limit set out in column 2 and that coating is either labelled with or accompanied by those instructions in both official languages; or

    • (b) the person has been issued a permit for that architectural coating under section 10.

  • Marginal note:Effective date

    (2) The prohibition takes effect in respect of each architectural coating set out in column 1 of the schedule beginning on the corresponding anniversary of the day on which these Regulations come into force as set out in column 3.

Marginal note:Use of traffic marking coating

  • 4 (1) A person must not use, during the period beginning on May 1 and ending on October 15, any traffic marking coating set out in column 1 of the schedule in which the VOC concentration exceeds 150 g/L.

  • Marginal note:Effective date

    (2) The prohibition takes effect in respect of the traffic marking coating beginning three years after the day on which these Regulations come into force.

Marginal note:Sale or offer for sale

  • 5 (1) A person must not sell or offer for sale any architectural coating set out in column 1 of the schedule if its VOC concentration exceeds the limit set out in column 2 for that product unless

    • (a) dilution of the coating before its use is required and in accordance with the written instructions of the manufacturer, importer or seller, to a VOC concentration equal to or less than that limit set out in column 2 and that coating is either labelled with or accompanied by those instructions in both official languages; or

    • (b) the coating was manufactured or imported under a permit issued under section 10 and the sale or offer for sale occurs no later than two years after the day on which the permit expires.

  • Marginal note:Effective date

    (2) The prohibition takes effect in respect of each architectural coating set out in column 1 of the schedule beginning two years after the corresponding anniversary of the day on which these Regulations come into force as set out in column 3.

Marginal note:Dilution instructions

6 For greater certainty, the instructions referred to in sections 3 and 5 cannot provide for any dilution of the architectural coating before its use to a VOC concentration greater than the limit set out in column 2 of the schedule for that coating.

Marginal note:Combination of multiple components

  • 7 (1) For greater certainty, if the written instructions of the manufacturer, importer or seller require the combination of multiple components before an architectural coating is to be used, the VOC concentration in the architectural coating resulting from the combination of the multiple components must not exceed the VOC concentration limit set out in column 2 of the schedule for that architectural coating.

  • Marginal note:Combination instructions

    (2) If an architectural coating requires that components be combined, the manufacturer, importer or seller must set out on the architectural coating’s label or in accompanying documentation the recommended combination instructions in both official languages.

Marginal note:Most restrictive VOC concentration limit

  • 8 (1) If anywhere on the container of an architectural coating set out in the schedule, or in any documentation relating to the architectural coating supplied by the architectural coating’s manufacturer, importer, seller or their duly authorized representative, it is indicated that the architectural coating may be used for the purpose of a different coating category set out in column 1 of the schedule, then the most restrictive VOC concentration limit applies.

  • Marginal note:Non-application

    (2) Subsection (1) does not apply to the following architectural coatings set out in column 1 of the schedule:

    • (a) antenna coating;

    • (b) bituminous roof primer;

    • (c) calcimine recoater;

    • (d) conjugated oil varnish;

    • (e) fire retardant coating;

    • (f) flow coating;

    • (g) any other high-temperature coating;

    • (h) impacted immersion coating;

    • (i) any other industrial maintenance coating;

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

    • (k) low solids coating;

    • (l) metallic pigmented coating;

    • (m) nuclear coating;

    • (n) pre-treatment wash primer;

    • (o) shellac;

    • (p) specialty primer, sealer and undercoater;

    • (q) temperature-indicator safety coating; and

    • (r) thermoplastic rubber coating and mastic.

Permits

Application

Marginal note:Requirement for permit

  • 9 (1) Any person that manufactures or imports an architectural coating set out in column 1 of the schedule, other than an architectural coating referred to in paragraph 3(1)(a), or the components of an architectural coating that must be combined together before their use in which the VOC concentration exceeds the limit set out in column 2 of the schedule, must hold a permit issued under section 10.

  • Marginal note:Required information

    (2) An application for a permit must be submitted to the Minister and contain the following information:

    • (a) respecting the applicant,

      • (i) their name, civic and postal addresses, telephone number and, if any, fax number and e-mail address,

      • (ii) the name, title, civic and postal addresses, telephone number and, if any, fax number and e-mail address of their duly authorized representative, if applicable;

    • (b) respecting the architectural coating,

      • (i) its trademark and trade name, if any,

      • (ii) its VOC concentration,

      • (iii) the estimated quantity to be manufactured, sold, offered for sale or imported in a calendar year and the unit of measurement,

      • (iv) its category as set out in the schedule and the information on which the selection of the product category was made, and

      • (v) in the case of an application for renewal of a permit under subsection 10(3), the number of the existing permit that was issued under section 10;

    • (c) evidence that it is not technically or economically feasible for the applicant 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;

    • (d) a description of the plan prepared identifying the measures that will be taken so that the VOC concentration in the architectural coating to be manufactured or imported will be within the limit set out in column 2 of the schedule for that coating;

    • (e) identification of the period within which the plan is to be fully implemented; and

    • (f) the civic and postal addresses of the location where information, supporting documents and certification, as set out in subsection (3), are kept.

  • Marginal note:Certification

    (3) The application must be accompanied by a certification dated and signed by the applicant or by their duly authorized representative stating that the information contained in the application is accurate and complete.

  • Marginal note:Format for submission

    (4) The application and certification may be submitted either in writing or in an electronic format that is compatible with the format that is used by the Minister, and the documents must bear the written or electronic signature, as the case may be, of the applicant or their duly authorized representative.

  • Marginal note:Additional information

    (5) The Minister may, on receiving an application made under this section, require further details that pertain to the information contained in the application and that are necessary for the application to be processed.

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