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Federal Halocarbon Regulations, 2003 (SOR/2003-289)

Regulations are current to 2024-03-06 and last amended on 2009-07-30. Previous Versions

Installation, Servicing, Leak Testing and Charging (continued)

Refrigeration Systems and Air-Conditioning Systems (continued)

 No person shall charge an air-conditioning system that is designed for occupants in motor vehicles with a halocarbon listed in any of items 1 to 9 of Schedule 1.

 Effective 90 days after the day on which these Regulations come into force, no person shall charge a refrigeration system that is installed in, that is attached to, or that normally operates in conjunction with a means of transportation, other than a refrigeration system for use on a military ship or a chiller, with a halocarbon listed in any of items 1 to 9 of Schedule 1.

  • SOR/2009-221, s. 4

 Effective January 1, 2005, no person shall charge a system listed below with a halocarbon listed in any of items 1 to 9 of Schedule 1:

  • (a) a refrigeration system, other than a chiller, a small refrigeration system or a refrigeration system for use on a military ship; and

  • (b) an air-conditioning system, other than a chiller, a small air-conditioning system or an air-conditioning system for use on a military ship.

  •  (1) Subject to subsection (2), effective January 1, 2005, no person shall charge a chiller, other than one for use on a military ship, that has undergone an overhaul that includes the following procedure or repair with a halocarbon listed in any of items 1 to 9 of Schedule 1:

    • (a) the replacement or modification of an internal sealing device;

    • (b) the replacement or modification of an internal mechanical part other than

      • (i) an oil heater,

      • (ii) an oil pump,

      • (iii) a float assembly, and

      • (iv) a vane assembly, in the case of a chiller with a single-stage compressor; or

    • (c) any procedure or repair that resulted from the failure of an evaporator or a condenser heat-exchanger tube.

  • (2) From January 1, 2005 to December 31, 2009, an owner of a chiller referred to in subsection (1) may charge the chiller with a halocarbon listed in any of items 1 to 9 of Schedule 1 but no person shall operate that chiller later than one year after the day on which it was charged, unless it no longer contains any halocarbon listed in any of those items.

  • (3) The owner of a chiller charged under subsection (2) shall provide written notice to the Minister within 14 days after the chiller is charged, which notice shall contain the information set out in column 3 of item 3 of Schedule 2.

 Effective January 1, 2010, no person shall charge a refrigeration or an air-conditioning system for use on a military ship with a halocarbon listed in any of items 1 to 9 of Schedule 1

 Effective January 1, 2015, no person shall operate or permit the operation of any chiller that contains a halocarbon listed in any of items 1 to 9 of Schedule 1.

 No person shall install or operate or permit the operation of a purge system unless it emits less than 0.1 kg of halocarbons per kilogram of air purged to the environment.

Fire-Extinguishing Systems

  •  (1) Except in accordance with the standards set out in the publication ULC/ORD-C1058.18-2004, of the Underwriters’ Laboratories of Canada, entitled The Servicing of Halon and Clean Agent Extinguishing Systems, no person shall install, service, leak-test or charge a fire-extinguishing system, or do any other work on the system that may result in the release of a halocarbon.

  • (2) The reference to the publication in subsection (1) shall be read as excluding its preface.

  • SOR/2009-221, s. 5

 No person shall charge a fire-extinguishing system with a halocarbon listed in any of items 1 to 9 of Schedule 1 for the purpose of leak-testing the system.

  •  (1) Every owner of a fire-extinguishing system shall leak-test the system at least once every 12 months in accordance with the standards set out in the publication referred to in subsection 22(1).

  • (2) Subsection (1) does not apply to fire-extinguishing systems whose cylinder or cartridge has a charging capacity of 10 kg or less and that are located in military vehicles, military ships or military aircraft, or to portable fire extinguishers.

 Subject to section 28, no person shall charge a fire-extinguishing system unless, before charging it,

  • (a) the system is leak-tested; and

  • (b) if a leak is detected, the person who conducts the test notifies the owner and the owner repairs the leak.

  •  (1) Subject to subsection (2) and section 28, no person shall service a fire-extinguishing system without first

    • (a) notifying the owner of the intended service; and

    • (b) affixing a notice to the control panel of the system to indicate that it is out of operation during the period of service.

  • (2) Paragraph (1)(b) does not apply to portable fire extinguishers.

 As soon as possible after a leak from a fire-extinguishing system is detected, and in any case within seven days after the day on which the leak is detected, the owner of the system shall

  • (a) repair the leak;

  • (b) isolate the leaking portion of the system and recover the halocarbon from that portion; or

  • (c) recover the halocarbon from the system.

  •  (1) If a leak is detected from a fire-extinguishing system and it is necessary to charge the system to prevent an immediate danger to human life or health, sections 25 and 26 do not apply to the system during the period in which the danger persists, up to a maximum of seven days after the day on which the leak is detected.

  • (2) If a fire-extinguishing system is charged under the circumstances described in subsection (1),

    • (a) the person who charged the system shall immediately notify its owner of the charge; and

    • (b) the owner shall, within seven days after receiving notice under paragraph (a), submit a written record to the Minister describing

      • (i) the nature of the immediate danger to human life or health and the circumstances that justify charging the system in order to prevent the danger,

      • (ii) the amount of halocarbon charged to the system, and

      • (iii) the date of repair of the leak or recovery of the remaining halocarbon from the system.

 No person shall charge a portable fire extinguisher, other than one for use on an aircraft, a military vehicle or a military ship, with a halocarbon listed in any of items 1 to 9 of Schedule 1, unless authorized to do so by a permit issued under these Regulations.

  •  (1) Subject to subsection (2), effective January 1, 2005, no person shall charge a fire-extinguishing system, other than a portable fire extinguisher or a fire-extinguishing system for use on an aircraft, a military vehicle or a military ship, with a halocarbon listed in any of items 1 to 9 of Schedule 1, unless authorized to do so by a permit issued under these Regulations.

  • (2) From January 1, 2005 to December 31, 2009, an owner of a system referred to in subsection (1) may charge the system with a halocarbon listed in any of items 1 to 9 of Schedule 1 but no person shall operate that system later than one year after the day on which the system is charged, unless it no longer contains any halocarbon listed in any of those items.

  • (3) The owner of a system charged under subsection (2) shall provide written notice to the Minister within 14 days after the system is charged, which notice shall contain the information set out in column 3 of item 4 of Schedule 2.

  • SOR/2009-221, s. 6(F)

Service Logs

  •  (1) The owner of a refrigeration system, an air-conditioning system or a fire-extinguishing system shall maintain a written record, or a record in an electronic format compatible with that used by the Minister, in which the information set out in column 3 of item 5 or 6, as the case may be, of Schedule 2 is entered whenever the system is installed, serviced, leak-tested or charged or if any other work is done on it that may result in the release of a halocarbon.

  • (2) The owner of a solvent system shall maintain a written record, or a record in an electronic format compatible with that used by the Minister, in which the information set out in column 3 of item 7 of Schedule 2 is entered whenever the system is charged with more than 10 kg of a halocarbon.

Release Reports

 In the event of a release of 100 kg or more of a halocarbon from a system, or from a container or equipment used in the reuse, recycling, reclamation or storage of a halocarbon, the owner of the system, container or equipment shall submit the following reports to the Minister, within the periods indicated:

  • (a) within 24 hours after the release is detected, a verbal or written report, or a report in an electronic format compatible with that used by the Minister, that indicates the name of the owner, the type of halocarbon released and the type of system, container or equipment from which it was released; and

  • (b) within 14 days after the release is detected, a written report, or a report in an electronic format compatible with that used by the Minister, containing the information set out in column 3 of item 8 of Schedule 2.

  •  (1) In the event of a release of more than 10 kg but less than 100 kg of a halocarbon from a system, or from a container or equipment used in the reuse, recycling, reclamation or storage of a halocarbon, the owner of the system, container or equipment shall submit to the Minister a report in written format, or in an electronic format compatible with that used by the Minister, that contains the information set out in column 3 of item 8 of Schedule 2.

  • (2) The owner shall submit the release report required by subsection (1) twice annually, not later than 30 days after January 1 and July 1.

Permits

  •  (1) If no technically and financially feasible alternative to the use of a halocarbon listed in any of items 1 to 9, 11 or 12 of Schedule I, as the case may be, exists that could have a less harmful impact on the environment and on health, an owner shall submit to the Minister an application for a permit on a form that the Minister provides, and that contains the information set out in column 3 of item 9 or 10, as the case may be, of Schedule 2, if the owner proposes to

    • (a) install a fire-extinguishing system that operates or is intended to operate with a halocarbon listed in any of items 1 to 9 of Schedule 1 as a fire-extinguishing agent;

    • (b) charge a portable fire extinguisher that is not to be used on an aircraft, military ship or military vehicle with a halocarbon listed in any of items 1 to 9 of Schedule 1; or

    • (c) effective January 1, 2005

      • (i) charge a fire-extinguishing system, other than a portable fire-extinguishing system, that is not to be used on an aircraft, military ship or military vehicle with a halocarbon listed in any of items 1 to 9 of Schedule 1,

      • (ii) install a solvent system that operates or is intended to operate with a halocarbon listed in item 11 or 12 of Schedule 1, or

      • (iii) use a halocarbon listed in item 11 or 12 of Schedule 1 as a solvent in a solvent system.

  • (2) Unless the Minister has received notice under subsection 30(3) in respect of the same system, the Minister shall issue the permit in respect of the system, valid for one year beginning on the date of issuance, if the owner, on the form,

    • (a) declares that no technically and financially feasible alternative to the use of a halocarbon listed in any of items 1 to 9, 11 or 12 of Schedule 1, as the case may be, exists that could have a less harmful impact on the environment and on health; and

    • (b) provides information in support of the declaration.

  •  (1) The Minister may refuse to issue a permit under subsection 34(2) or may cancel a permit issued under that subsection if any false or misleading information has been submitted in support of the application for the permit.

  • (2) The Minister shall not cancel a permit unless the Minister

    • (a) has provided the permit holder with written reasons for the cancellation; and

    • (b) has given the permit holder an opportunity to make representations, either verbally or in writing, in respect of the cancellation.

Logs, Notices, Records and Reports

  •  (1) Owners shall keep all logs, notices, records and reports required by these Regulations in Canada for a period of at least five years after the date that they are prepared or submitted, respectively.

  • (2) Subject to subsections (3) and (4), owners shall keep a copy of all logs, notices, records and reports required by these Regulations with respect to a system at the premises or site at which the system is located.

  • (3) In the case of a system located on a means of transportation, the owner shall keep a copy of all logs, notices, records and reports required by these Regulations with respect to that system at a single location occupied by the owner.

  • (4) In the case of a system located on unoccupied premises or an unoccupied site, the owner shall

    • (a) keep a copy of all logs, notices, records and reports required by these Regulations in respect of that system at a single location that is occupied by the owner;

    • (b) submit a report containing the information set out in column 3 of item 11 of Schedule 2 to the Minister no later than January 1, 2004; and

    • (c) submit any change in the information required under paragraph (b) to the Minister within 30 days after the change.

  • SOR/2009-221, s. 7(F)

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on the day on which they are registered.

 

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