Volatile Organic Compound Concentration Limits for Certain Products Regulations - Alternative compliance options

On this page you will find information related to the alternative compliance options available under the Volatile Organic Compound Concentration Limits for Certain Products Regulations.

The information includes 3 alternative compliance options in complying with the regulations. These voluntary alternative compliance options are:

• Permit - Technical or economic non-feasibility
• Permit - Products whose use results in lower VOC emissions and
• VOC Compliance Unit Trading System

Permit – Technical or Economic Non-Feasibility

This permit provides temporary relief from regulation requirements on the concentration or emissions potential when the regulatory limits come into effect.

To apply for this permit, manufacturers and importers must provide:

• Clear, valid and convincing evidence that they cannot technically or economically meet the requirements for their product
• A plan identifying measures to ensure their product will meet the limit once the permit expires and the period of time the plan will be implemented

This permit allows the regulated parties to continue manufacturing and importing a product for the duration of the permit under conditions set out by the Regulations.

This permit must be applied for in advance of the limits coming into effect on January 1, 2024, for all product categories except disinfectants, which come into effect on January 1, 2025. This temporary permit is valid up to 2 years and can be renewed only once for up to another 2 years. The request for renewal must be submitted 90 days prior to expiry.  Additional guidance and criteria for assessment of the application are provided in the application form.

Please note, the permit for technical and economic non-feasibility is no longer available for all product categories, with the exception of disinfectants.

• Application form: Permit Form – Technical and Economic Non-Feasibility (PDF)

Permits issued – Technical or Economic Non-Feasibility

Permits have been granted to the following organizations for the specified products.

• Guardian Chemicals Inc. (valid until December 31, 2025)
  • Hydrosol (various sizes)
  • Greensol Solvent Degreaser (various sizes)
  • Pentrax Solvent Degreaser (various sizes)
  • Breakaway Hybrid Multi Purpose Solvent Degreaser (various sizes)
  • Terrasol Hybrid Multi Purpose Solvent Degreaser (various sizes)
• Henkel Canada Corporation (valid until December 31, 2024)
  • LePage® Heavy Duty Contact Cement (various sizes)
• Lampe Berger Canada Inc. (valid until December 31, 2025)
  
  • Bouquet and Bouquet Refill (various fragrances)
  • Lampe Berger Refill (various fragrances)
• Recochem Inc. (valid until December 31, 2024)
  
  • ColRFlo Acrylic Lacquer Thinner (3.78 L)
  • Solvable™ Professional Grade Lacquer Thinner (various sizes)
  • Solvable™ Professional Grade Xylene (various sizes)
  • Solvable™ Professional Grade Toluene (3.78 L)
• Sani Marc Inc.
  • SIPHON (various sizes) (valid until June 30, 2024)
  • ENERGIE (various sizes) (valid until June 30, 2024)
  • POWERGEL (various sizes) (valid until September 30, 2024)
  • SANI-DRIP (various sizes) (valid until December 31, 2024)
  • CHILL OUT (various sizes) (valid until December 31, 2024)
• PLZ Corp (valid until December 31, 2024)
  • No Name® fume-free oven cleaner (400 g)
  • Compliments Fume-Free Oven Cleaner (400 g)
  • Selection™ Oven Cleaner (400 g)
  • Great Value™ Fume Free Oven Cleaner (400 g)

Permit – Product Whose Use Results in Lower VOC Emissions

This permit allows innovative products to exceed the VOC concentration limits if, as a result of product design, formulation, delivery or other factors, the total VOC emissions are lower than those from a comparable compliant product when used according to the manufacturer’s written instructions.

A company must provide Environment and Climate Change Canada with:

• the estimated quantity imported or manufactured in a year and
• evidence that shows the product’s use results in lower VOC emissions than a compliant product in the same category

This permit is valid up to 4 years and can be renewed. The request for renewal must be submitted 90 days prior to expiry. Additional guidance and criteria for assessment of the application are provided in the application form.

• Application Form: Permit Form – Products Whose Use Results in Lower VOC Emissions (PDF)

Permits issued – Product Whose Use Results in Lower VOC Emissions

Permits have been granted to the following organization for the specified products. These permits are valid until December 31, 2027.

• Newell Brands Canada
  • Microburst 3000 Refill (0.057 kg) (various fragrances)
  • Microburst 9000 Refill (0.150 kg) (various fragrances)

VOC Compliance Unit Trading System (CUTS)

The VOC Compliance Unit Trading System allows companies to exceed the concentration limit for a product by:

• Balancing their emissions with their other products that have VOC amounts below the limits (averaging) or
• Purchasing compliance units from other companies (trading)

Generating compliance units

Companies can generate compliance units with products that have been reformulated to concentrations lower than the limits set out in the regulations. Companies must submit a notice of intent to generate compliance units before October 1 of the first year in which they want to earn compliance units and report actual quantities in Canada (manufactured + imported – exported) by March 1 of the following year. Companies will be issued compliance units within 60 days of a complete report. Compliance units are valid for 2 years beginning on January 1 of the year following the calendar year in which they are generated.

• Application Form: CUTS - Notification of generation of Compliance Units (PDF)
• Annual Report Form: CUTS – Report for companies generating Compliance Units (PDF)

Permits for products exceeding the VOC concentration limits

Products manufactured and imported into Canada that are over the regulatory limit must have permits.

To apply, companies must provide Environment and Climate Change Canada with:

• information on the products that exceed the limits and
• a plan to compensate for the excess VOCs

Companies can compensate for the excess VOCs by generating compliance units from other products (averaging) or trading compliance units with another company.

A permit would be issued for products that exceed the regulatory limit. Permit holders must submit an annual report no later than March 1 of each year that includes actual quantities in Canada (manufactured + imported – exported), compliance units that are being used to compensate for the excess quantity of VOCs and a confirmation of intent to continue manufacturing or importing the product under the permit. If emissions are not balanced for the calendar year, the permit will be revoked.

• Application Form: CUTS - Permit for product(s) above the regulatory maximum VOC concentration(s) (PDF)
• Annual Report Form: CUTS – Report for permit holders (PDF)

Using and transfer of compliance units

A company can use or trade unused compliance units for 2 calendar years following their generation. If companies are transferring compliance units, they must jointly apply to the Minister.

• Application Form: CUTS - Transfer of Compliance Units (PDF)

Compliance Unit Trading System Participants

Generators:

The following organizations have applied to generate compliance units:

• S.C. Johnson and Son Limited
• Reckitt Benckiser (Canada) Inc.
• Chanel Canada ULC
• Sani Marc Inc.

CUTS Permits Issued:

Compliance Units Trading System Permits have been granted to the following organization for the specified products.

• Reckitt Benckiser (Canada) Inc.
  • Airwick Freshmatic Automatic Spray Refill (various fragrances and sizes)
  • Airwick Freshmatic Automatic Spray Device & Refill (various fragrances and sizes)
  • Silvo® Metal Polish (178 g)
  • Lysol® Simply™ All Purpose Cleaner Orange Blossom (650 g)
  • Lysol® Simply™ Multi-purpose Cleaning Wipes Unscented (50 sheets)
• Chanel Canada ULC:
  • Nº5 Parfum Refillable Spray (7.5 ml)
  • Nº5 Parfum Spray Refill (7.5 ml)
  • Nº5 Parfum (various sizes)
  • Bois des Iles Parfum (15 ml)

Related links

• Certain products and volatile organic compounds
• CEPA registry

Contact us

Chemical Production and Products Division
Environment and Climate Change Canada
351 St. Joseph Blvd
Gatineau QC   K1A 0H3
1-888-391-3426 (toll free) or 819-938-4483
Email: Produits-Products@ec.gc.ca