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Volatile Organic Compound Concentration Limits for Certain Products Regulations (SOR/2021-268)

Regulations are current to 2024-05-01 and last amended on 2023-01-01. Previous Versions

Volatile Organic Compound Concentration Limits for Certain Products Regulations

SOR/2021-268

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2021-12-21

Volatile Organic Compound Concentration Limits for Certain Products Regulations

P.C. 2021-1026 2021-12-17

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 July 6, 2019, a copy of the proposed Volatile Organic Compound Concentration Limits for Certain Products 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) and sections 286.1Footnote d and 326 of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Volatile Organic Compound Concentration Limits for Certain Products Regulations.

Interpretation

Marginal note:Definitions

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

    adhesive

    adhesive does not include a product for use on humans or animals or any product with an adhesive incorporated onto or in an inert substrate. (adhésif)

    fragrance

    fragrance means a substance or mixture of chemicals, natural essential oils or other components, that has a combined vapour pressure that is less than or equal to 0.267 kPa when measured at 20°C, the sole purpose of which is to impart a scent or to mask an unpleasant odour. (parfum)

    high vapour pressure VOC

    high vapour pressure VOC, in respect of an antiperspirant or deodorant for the human axilla, means a VOC that has a vapour pressure of greater than 10.67 kPa when measured at 20°C. (COV à pression de vapeur élevée)

    low vapour pressure VOC

    low vapour pressure VOC, in respect of a product other than an antiperspirant or deodorant for the human axilla, means a VOC that

    • (a) has a vapour pressure of less than 0.013 kPa when measured at 20°C;

    • (b) has a boiling point that is greater than 216°C; or

    • (c) contains more than 12 carbon atoms per molecule. (COV à faible pression de vapeur)

    medium vapour pressure VOC

    medium vapour pressure VOC, in respect of an antiperspirant or deodorant for the human axilla, means a VOC that has a vapour pressure of greater than 0.267 kPa but less than or equal to 10.67 kPa when measured at 20°C. (COV à pression de vapeur moyenne)

    reformulated product

    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)

    VOC

    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)

  • Marginal note:VOC concentration

    (2) For the purpose of these Regulations, the VOC concentration of a product is measured and expressed as a percentage of the product’s net weight (% w/w).

  • Marginal note:Net quantity

    (3) For the purposes of these Regulations, the quantity of a product or the quantity of VOCs in a product is the net quantity.

  • Marginal note:Product category or subcategory

    (4) For the purposes of these Regulations, a product belongs to a product category set out in column 1 of the table to Schedule 1 or column 1 of Schedule 2 or, if applicable, a subcategory set out in column 2 of the table to Schedule 1 if, according to information on its container or included in any documentation relating to the product that is supplied by the product’s manufacturer or importer or their authorized representative, the product may be used as a product that belongs to that product category or, if applicable, subcategory.

  • Marginal note:Design

    (5) For the purposes of these Regulations, any reference to a product that is designed for a particular purpose includes a product that, according to information on its container or included in any documentation relating to the product that is supplied by the product’s manufacturer or importer or their authorized representative, may be used for that purpose.

Application

Marginal note:Products

Maximum VOC Concentrations and Maximum VOC Emission Potentials

Marginal note:Prohibition

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:Product belonging to more than one product category

  •  (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.

  • Marginal note: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.

Marginal note:Determination of VOC concentration

  •  (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

    [(WS − WEX) ÷ WP] × 100

    where

    WS
    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;
    WEX
    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

    WP
    is the net weight of the product, expressed in grams.
  • Marginal note:Aerosol products

    (2) For the purposes of the descriptions WS and WEX, 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.

  • Marginal note: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.

Marginal note:Determination of VOC emission potential

 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.

VOC Compliance Unit Trading System

Participation

Marginal note:Purpose of compliance unit trading system

 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.

Marginal note:Permit — participants in compliance unit trading system

  •  (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.

  • Marginal note: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.

  • Marginal note:Clarifications

    (3) The Minister may, on receiving the application, require any clarifications that are necessary for the application to be processed.

  • Marginal note: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.

Marginal note:Issuance

  •  (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).

  • Marginal note: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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