Ozone-depleting Substances and Halocarbon Alternatives Regulations (SOR/2016-137)

Regulations are current to 2017-09-27 and last amended on 2016-12-30. Previous Versions

Marginal note:Obligation with respect to paragraph 6(2)(c)

 The holder of a permit issued under subsection 6(2) must export any substance set out in paragraph 6(2)(c) to the country of origin of the substance within six months after its importation date.

Marginal note:Refilling or servicing — foreign ship

 Section 5 does not apply to a substance set out in Table 1 of Schedule 1 that is sold to a foreign ship for the refilling or servicing of its refrigeration, air-conditioning or fire-extinguishing equipment in a quantity that does not exceed the total capacity of that equipment.

Exporting Products

Marginal note:Prohibition — exporting product without permit
  •  (1) It is prohibited for any person to export to a Party referred to in paragraph 1 of Article 5 of the Protocol a product containing or designed to contain any CFC, bromofluorocarbon, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane set out in Table 1 of Schedule 1 without a permit issued under these Regulations.

  • Marginal note:Exception — fire-extinguishing equipment

    (2) Subsection (1) does not apply to fire-extinguishing equipment for use in aircraft, military ships or military vehicles.

Importing Substances

Marginal note:Prohibition — importing substance without permit

 It is prohibited for any person to import a substance set out in Table 1 of Schedule 1 without a permit issued under these Regulations.

Marginal note:Purpose of importing
  •  (1) The permit may only be issued to import the substance from a Party for one of the following purposes:

    • (a) its destruction;

    • (b) a use set out in column 3 of Table 1 of Schedule 1;

    • (c) its reclamation, if the substance is a CFC, tetrachloromethane, 1,1,1-trichloroethane, an HBFC or bromochloromethane that is recovered, recycled or reclaimed.

  • Marginal note:Importing — regardless of purpose

    (2) A permit may also be issued to import, regardless of purpose, a bromofluorocarbon or bromochlorodifluoromethane that is recovered, recycled or reclaimed.

Marginal note:Obligation to re-export in certain circumstances

 The holder of the permit must ensure

  • (a) if the permit is for a substance set out in paragraph 11(1)(c), that the substance is reclaimed and re-exported to its country of origin within six months after its importation date;

  • (b) if the permit is for a substance set out in subsection 11(2), that the substance is re-exported to a Party, for any use that complies with the laws of that Party, within six months after its importation date; or

  • (c) if the holder is unable to comply with paragraph (a) or (b), that the substance is sent for destruction, no later than three months after the end of the six-month period following the importation date, to a facility that is operated in accordance with the Handbook for the Montreal Protocol on Substances that Deplete the Ozone Layer, published by the Ozone Secretariat, United Nations Environment Programme, or that the substance is exported for destruction within that time.

Importing Products

Marginal note:Prohibition — importing product
  •  (1) It is prohibited for any person to import a product containing or designed to contain a substance set out in Table 1 of Schedule 1.

  • Marginal note:Exception — miscellaneous products

    (2) Subsection 1 does not apply to

    • (a) fire-extinguishing equipment containing or designed to contain a bromofluorocarbon or bromochlorodifluoromethane for use in aircraft, military ships or military vehicles if the equipment is imported from a Party;

    • (b) an aircraft, ship or vehicle manufactured before January 1, 1999;

    • (c) a personal or household effect for the person’s personal use; or

    • (d) a product that contains a CFC supplied in a container of 3 L or less and that is used for a laboratory or analytical use.

Manufacture, Use and Sale of a Substance or a Product

Marginal note:Prohibition — manufacturing substance

 It is prohibited for any person to manufacture a substance set out in Table 1 of Schedule 1.

Marginal note:Prohibition — manufacturing product

 It is prohibited for any person to manufacture a product containing or designed to contain a substance set out in Table 1 of Schedule 1.

Marginal note:Prohibition — using or selling substance

 It is prohibited for any person to use or sell a substance set out in Table 1 of Schedule 1, unless

  • (a) the substance is recovered, recycled or reclaimed;

  • (b) the substance is sold to be destroyed;

  • (c) the substance was manufactured or imported before the following date, whichever applies:

    • (i) in the case of tetrachloromethane, January 1, 1995,

    • (ii) in the case of 1,1,1-trichloroethane, January 1, 1996,

    • (iii) in the case of a CFC, January 1, 1996,

    • (iv) in the case of bromochlorodifluoromethane, bromotrifluoromethane and dibromotetrafluoroethane, July 1, 1994,

    • (v) in the case of bromofluorocarbons other than those set out in subparagraph (iv), January 1, 1994,

    • (vi) in the case of an HBFC, January 1, 1996, and

    • (vii) in the case of bromochloromethane, January 1, 2002;

  • (d) the substance was manufactured or imported for one of the uses set out in column 3 of that Table and it is used or sold for that same use; or

  • (e) the substance is tetrachloromethane that was manufactured or imported in 1995 and it is used

    • (i) in chlor-alkali plants as a diluent for nitrogen trichloride to prevent explosions, or

    • (ii) as feedstock or for a laboratory or analytical use.

Marginal note:CFCs, bromofluorocarbons, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane

 It is prohibited for any person to use, for any other use, a CFC, a bromofluorocarbon, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane that is recovered from a product in which that substance was used for one of the uses set out in column 3 of Table 1 of Schedule 1, or to sell that substance for any other use.

Marginal note:Substance no longer needed

 A person in possession of a substance set out in Table 1 of Schedule 1 that was imported under a permit issued under these Regulations and that is no longer needed for the use set out in that permit must, within six months after the day on which it is no longer needed,

  • (a) ensure that it is sent for destruction to a facility referred to in paragraph 12(c); or

  • (b) ensure that it is exported for destruction or for a use set out in column 3 of that Table.

Marginal note:Products, containers and packaging material containing CFCs
  •  (1) It is prohibited for any person to sell

    • (a) a pressurized container that contains 10 kg or less of a CFC set out in Table 1 of Schedule 1; or

    • (b) a container or packaging material for food or beverages that is made of a plastic foam in which a CFC set out in Table 1 of Schedule 1 is used as a foaming agent.

  • Marginal note:Exception — metered-dose inhalers and products containing a CFC

    (2) Paragraph (1)(a) does not apply to

    • (a) metered-dose inhalers — including those containing a mixture of active ingredients — other than nasal sprays and metered-dose inhalers whose active ingredient is salbutamol; or

    • (b) products containing a CFC set out in Table 1 of Schedule 1 that is supplied in a container of 3 L or less for a laboratory or analytical use.

PART 2Methyl Bromide

Marginal note:Definition

 For the purposes of this Part, methyl bromide includes products containing or designed to contain methyl bromide.

Exporting Methyl Bromide

Marginal note:Prohibition — exporting methyl bromide without permit

 It is prohibited for any person to export methyl bromide without a permit issued under these Regulations.

Marginal note:Purpose of exporting

 The permit may only be issued to export methyl bromide to a Party for one of the following purposes:

  • (a) its destruction;

  • (b) its disposal if the methyl bromide was imported by mistake; or

  • (c) a use set out in column 3 of Table 2 of Schedule 1 if the methyl bromide was manufactured or imported for a use set out in that column.

 
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