Permit — Technical or Economic Non-feasibility (continued)
Marginal note:Issuance or renewal
19 (1) Subject to subsection (2), the Minister must issue or renew a permit referred to in subsection 18(1) if the applicant has demonstrated that it will not be technically or economically feasible for them 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.
(2) The Minister must refuse to issue or renew 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) the information required under subsections 18(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.
(3) The permit expires on the second anniversary of the day on which the permit becomes effective or on an earlier date specified in the permit unless the permit holder submits an application for renewal at least 90 days before the day on which the permit expires and the application is approved by the Minister. The renewed permit expires on the second anniversary of the day on which the renewal becomes effective or on an earlier date specified in the renewed permit.
Marginal note:Application for renewal
(4) An application for renewal may be made only once.
Marginal note:Explanation of reasons
(5) An application for renewal must include an explanation of the reasons why the plan that was submitted in the initial permit application was not implemented within the period identified in that initial application.
Marginal note:Revocation — grounds
20 (1) The Minister must revoke a permit issued or renewed under subsection 19(1) if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information.
Marginal note: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.
Marginal note:Accredited laboratory
21 (1) Any analysis performed to determine the VOC concentration or VOC emission potential of a product for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:
(a) it is accredited
(i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or
(ii) under the Environment Quality Act, CQLR, c. Q-2; and
(b) subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the VOC concentration or VOC emission potential of a product.
Marginal note:Standards of good practice
(2) If no method has been recognized by a standards development organization in respect of the analysis performed to determine the VOC concentration or VOC emission potential of a product and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.
Marginal note:Date of manufacture
22 (1) Beginning on the applicable date referred to in subsection 3(4), any person that manufactures or imports a product that belongs to a product category set out in column 1 of the table to Schedule 1 or in column 1 of Schedule 2 must indicate, on the container in which the product is offered for sale or sold, the date on which the product was manufactured or a code representing that date. If a code is used, the person must provide the Minister, on request, with an explanation of the code.
(2) Subsection (1) does not apply to
(a) a personal fragrance product referred to in item 11 of the table to Schedule 1 that is in a container of 2 ml or less; or
(b) any product that belongs to a product category set out in column 1 of that table and has a VOC concentration less than or equal to 0.10% w/w.
Marginal note:Instructions for use
23 Beginning on the applicable date referred to in subsection 3(4), if a product is authorized to be manufactured or imported by a permit issued under subsection 16(1), the manufacturer or importer must ensure that, before the product is offered for sale or sold, it bears a label, or is accompanied by documentation, that sets out instructions in both official languages for the use of the product in a manner that 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.
Marginal note:Records to be maintained
24 (1) Beginning on the applicable date referred to in subsection 3(4), any person that manufactures or imports a 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 must maintain records containing the following information and any supporting documents:
(a) in the case of a manufacturer,
(i) the product’s common or generic name and trademark and trade name, if any, and
(ii) the quantity of the product that is manufactured at each manufacturing plant and the date of its manufacture; and
(b) in the case of an importer,
(i) the product’s common or generic name and trademark and trade name, if any,
(ii) the quantity of the product that is imported and the date of its importation,
(iii) the name, civic and postal addresses, telephone number and, if any, fax number and email address of the principal place of business of the product’s sender,
(iv) the Harmonized Commodity Description and Coding System number for the product, as set out in the Customs Tariff, and
(v) the business number assigned to the importer by the Minister of National Revenue.
Marginal note:Records — information submitted to Minister
(2) Any person that submits information to the Minister under these Regulations must maintain records containing that information and a copy of any supporting documents.
Marginal note:Five years
(3) The records must be kept for a period of at least five years after
(a) the day on which they are made, in the case of the records referred to in subsection (1); and
(b) the day on which the information referred to in subsection (2) is submitted to the Minister, in the case of the records referred to in that subsection.
Marginal note:Location of records
25 (1) The records referred to in section 24 must be kept at the person’s principal place of business in Canada or at any other place in Canada where they can be inspected. If the records are not kept at the person’s principal place of business, the person must provide the Minister with the civic address of the place where they are kept.
Marginal note:Change of address
(2) If the civic address referred to in subsection (1) changes, the person must notify the Minister in writing within 30 days after the day on which the change occurs.
26 Any information that is submitted under these Regulations must be accompanied by a certification, dated and signed by the person submitting the information or by their authorized representative, stating that the information is accurate and complete.
Marginal note:Electronic or paper format
27 (1) Any document that is submitted under these Regulations may be submitted in paper format or in an electronic format that is compatible with the format that is used by the Minister.
Marginal note:Electronic signature
(2) If the document is submitted in electronic format, the document may be signed electronically.
Related Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)
Coming into Force
Marginal note:January 1 following first anniversary of registration
29 These Regulations come into force on January 1 of the year following the calendar year of the first anniversary of the day on which they are registered.
- Date modified: