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:Refillable container

 Any HCFC that is imported for use as a refrigerant must be stored in a refillable container.

Importing Products Containing HCFCs

Marginal note:Prohibition — importing products containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b

 It is prohibited for any person to import a product containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b, unless

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

  • (b) the product will be used in a military ship before January 1, 2017.

Marginal note:Plastic foam

 It is prohibited for any person to import a plastic foam in which an HCFC set out in Table 3 of Schedule 1 is used as a foaming agent.

Marginal note:Products containing 2 kg or less of HCFCs
  •  (1) It is prohibited for any person to import a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1.

  • Marginal note:Exception — miscellaneous products

    (2) Subsection (1) does not apply to pressurized containers containing

    • (a) a mould release agent used in the manufacture of plastic and elastomeric materials;

    • (b) a spinneret lubricant or cleaning agent used in the manufacture of synthetic fibres;

    • (c) a document preservation agent;

    • (d) a fire-extinguishing agents used in equipment for non-residential applications;

    • (e) a wasp or hornet agent;

    • (f) a rigid foam product;

    • (g) refrigerant 412A (HCFC-22/HCFC-142b/octafluoropropane); or

    • (h) refrigerant 509A (HCFC-22/octafluoropropane).

  • Marginal note:Exception — health care products and laboratory or analytical use

    (3) Subsection (1) does not apply to a pressurized container containing a product that is intended

    • (a) for use in animal or human health care, including a bronchial dilator, inhalable steroid, topical anaesthetic and veterinary wound powder spray; or

    • (b) for a laboratory or analytical use.

Marginal note:Prohibition for products containing HCFCs — January 1, 2020
  •  (1) On or after January 1, 2020, it is prohibited for any person to import a product containing or designed to contain an HCFC set out in Table 3 of Schedule 1.

  • Marginal note:Exception — personal or household effects

    (2) Subsection (1) does not apply to a product that is a personal or household effect for the person’s personal use.

Manufacture, Use and Sale of HCFCs

Marginal note:Prohibition — manufacturing of HCFCs without permit

 It is prohibited for any person to manufacture an HCFC set out in Table 3 of Schedule 1 without a permit issued under these Regulations.

Marginal note:Purpose of the manufacture

 The permit may only be issued to manufacture an HCFC if the holder of the permit intends to manufacture the HCFC for a use set out in column 3 of Table 3 of Schedule 1.

Marginal note:Exception — manufacturing allowance
  •  (1) Section 44 does not apply to a person who is granted a manufacturing allowance for an HCFC that is used or sold as a refrigerant or as a fire-extinguishing agent or that is to be exported.

  • Marginal note:Ceases to have effect

    (2) Subsection (1) ceases to have effect on January 1, 2020 — or , in the case of HCFC-123, if it is used or sold as a refrigerant or if it is to be exported, on January 1, 2030.

Marginal note:Refillable container

 Any HCFC that is manufactured for use as a refrigerant must be stored in a refillable container.

Marginal note:Prohibition — manufacturing products containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b

 It is prohibited for any person to manufacture a product containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b.

Marginal note:Plastic foam

 It is prohibited for any person to manufacture a plastic foam in which an HCFC set out in Table 3 of Schedule 1 is used as a foaming agent.

Marginal note:Products containing 2 kg or less of HCFCs
  •  (1) It is prohibited for any person to manufacture a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1.

  • Marginal note:Exception — miscellaneous products

    (2) Subsection (1) does not apply to the pressurized containers referred to in subsections 42(2) and (3).

Marginal note:Prohibition for products containing HCFCs — January 1, 2020

 On or after January 1, 2020, it is prohibited for any person to manufacture a product containing or designed to contain an HCFC set out in Table 3 of Schedule 1.

Marginal note:Prohibition — using or selling HCFCs

 It is prohibited for any person to use or sell an HCFC set out in Table 3 of Schedule 1, unless

  • (a) it is sold for destruction;

  • (b) it is used or sold as a refrigerant or as a fire-extinguishing agent or is to be exported; or

  • (c) it was imported or manufactured under a permit issued under these Regulations and is to be used for one of the uses set out in column 3 of that Table.

Marginal note:Products containing 2 kg or less of HCFCs
  •  (1) It is prohibited for any person to sell a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1.

  • Marginal note:Exception — miscellaneous products

    (2) Subsection (1) does not apply to the pressurized containers referred to in subsections 42(2) and (3).

Destruction of HCFCs

Marginal note:HCFC no longer needed
  •  (1) A person in possession of an HCFC set out in Table 3 of Schedule 1 that was imported or manufactured 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);

    • (b) ensure that it is exported for destruction, for use as a feedstock or for a laboratory or analytical use; or

    • (c) in the case of a recovered, recycled or reclaimed HCFC, ensure that it is sent to a recycling or reclamation facility.

  • Marginal note:Exception — consumption or manufacturing allowance

    (2) Any person who is granted a consumption or manufacturing allowance under section 55 or 61 may either comply with subsection (1) or include the quantity of HCFCs that is no longer needed for the use set out in the permit in their calculated level of consumption or manufacture, only if doing so does not result in the allowance being exceeded.

Consumption Allowances

Marginal note:Calculation of consumption allowance
  •  (1) The annual consumption allowance for an HCFC set out in Table 3 of Schedule 1 for use as a refrigerant or as a fire-extinguishing agent to which each person who was entitled to the allowance under the Ozone-Depleting Substances Regulations, 1998 is entitled is determined as follows:

    • (a) for each calendar year that falls within the period that begins on January 1, 2015 and ends on December 31, 2019, in accordance with the following formula:

      A × B

      where

      A
      is the consumption allowance, expressed in ODP tonnes, that was granted for 2014 for the cooling sector; and
      B
      is 28.57 %; and
    • (b) for each calendar year that falls within the period that begins on January 1, 2020 and ends on December 31, 2029, by multiplying the consumption allowance granted for 2019 by 5%.

  • Marginal note:Transfer

    (2) If a transfer of a portion of the consumption allowance is approved in accordance with subsection 57(4), the transferred portion is substracted or added to the person’s annual consumption allowance, as the case may be,

    • (a) in the case of a permanent transfer, for every calendar year following the year of the transfer; or

    • (b) in the case of a temporary transfer, for the calendar year of the transfer.

  • Marginal note:Written notice

    (3) The Minister must inform the person in writing of their consumption allowance.

 
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