Main Requirements of the Third VOC Regulations for Certain Products

Application:

  • The VOC concentration limits apply to products manufactured in or imported into Canada
  • To classify a product, consider:
    • the information on the product’s container/label and/or;
    • any documentation relating to the product that is supplied by the product’s manufacturer or importer or their authorized representative; and
  • vendors that are linked to your own web site are considered as authorized representatives.
  • For products having multiple purposes (a product belonging to more than one product category), the applicable maximum VOC concentration is the lowest for the product categories to which the product belongs (Except for antiperspirants, deodorants, hair shine products and general purpose cleaners)
  • For concentrated products, limits apply once diluted as per instructions on the label or accompanying documentation (Except multi-purpose solvents and paint thinners)
  • There are no mandatory testing requirements for the VOC limits

Labelling/Reporting Requirements:

  • Manufacturers and importers must label the product with the date of manufacture (or date code). If a date code is used, the Minister must be informed as to how read the code
  • No general reporting requirements (Except for those companies participating in alternative compliance programs)
  • Records and supporting documents must be kept for five (5) years at the person’s principal place of business in Canada (or any other place in Canada where they can be inspected)

Permits:

  • Information regarding permits issued and the associated products will be made public to promote transparency
  •  The PULE (Product Whose Use Results in Lower VOC Emissions) permit can still be  applied at any time post the January 1, 2024
    • The PULE allows innovative products to exceed the VOC concentration limit if, as a result of product design, formulation, delivery or other factors, it results in lower total VOC emissions than a comparable compliant product when used according to manufacturer’s written instructions

CPCA Questions & Clarifications Obtained from ECCC

Question #1

Regarding the exclusions, particularly related to solvents under the Third Regulations, a solvent supplier recently indicated to CPCA that as long as the label of the product mentions the excluded uses in one category (ex. ONLY FOR USE AS A PAINT BRUSH CLEANER), this product can be sold without having to comply with any VOC limit. The current situation is specifically related to third party solvents that paint manufacturers may want to resell in Canada (in this case, not company-labelled but supplier-labelled). Note:  The supplier is Canadian, therefore any paint manufacturer reselling the product in Canada is not an importer. While the onus is being on the supplier to comply, the supplier needs to determine if its product is subject to the regulations and if it belongs to any of the categories. Question: Can this product (containing solvents) be sold for the only purpose mentioned to be sold without having to comply with any VOC limits (product not covered by the current regulations)? Category 51 specifically excludes paint brush cleaners from the VOC limit of 50%. The Category 48 is a solvent category imposing a VOC limit of 30. However, this product is not sold for use as a solvent.

ECCC Answer to Question 1:
We recommend, as a first step, for companies to determine which product category their product falls under as different product categories have different VOC concentrations and exclusions. To classify a product, we refer you to subsection 1(4) of the Regulations: “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.”  To classify products into categories, companies should consider the information on the product label or documentation, including claims on the package, product webpages from the company or an authorized representative, etc. All product claims would need to be considered in the product evaluation.

It is also possible for products to have multiple purposes. As written in Subsection 4 (1) of the regulations “…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.” Therefore, other than a few exceptions outlined in Subsection 4(2) of the regulations, if a product fits more than one definition, it needs to the meet most stringent limit.

Also note, the majority of the product categories in these regulations align with California Air Resources Board’s (CARB) 2010 versions of the Regulation for Reducing VOC Emissions from Antiperspirants and Deodorants and Regulation for Reducing Emissions from Consumer Products. Some product categories align with the CARB’s 2013 regulations. Information on product category alignment can be found in this regulatory factsheet.

ECCC is unable to provide generic advice on the inclusion or exclusion of specific products. Note, manufacturers and importers are responsible for ensuring their product meets the regulatory limits. Companies may choose to test their products or consider other appropriate methods for their situation. For example, manufacturers may be able to determine VOC concentration using formulation information. Importers may be able to work with their suppliers to ensure that the products meet the regulatory limits.  If your  members require information on liabilities, ECCC would recommend they consult their legal counsel.

Question #2

Are there any implications or liability for retailers under the Third VOC Regulations? Like for the two previous Canadian VOC regulations, the Third VOC Regulations aim to prohibit the sales of non-compliant products for manufacturers and importers. However, is there any potential retailer’s responsibility or liability with respect to the sales of non-compliant products purchased from domestic or foreign producers. The onus is on these suppliers.

ECCC Answer to Question 2:
The Third VOC Regulations apply to any person who manufactures or imports VOC-containing products in Canada which belong to one of the 130 regulated product categories or subcategories. The term “import” relates specifically to a product’s movement into Canada from another country. The person in Canada who is responsible for the entry of the product into Canada would typically be considered the importer. Here are some examples of activities that could meet the definition of “import”:

    • You purchased a product from a foreign supplier, and the product was shipped directly from the foreign supplier to your location in Canada
    • You received a product as an internal company transfer from a foreign source.