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

Regulations are current to 2017-10-13 and last amended on 2016-12-30. Previous Versions

Marginal note:Conditions

 The Minister may issue a permit if

  • (a) its issuance is in accordance with the Protocol or a Decision;

  • (b) all of the information required under section 68 has been provided; and

  • (c) the purpose of the permit has been established and is in accordance with these Regulations.

Marginal note:Duration

 A permit is effective for the period beginning on the date of its issuance and ending on December 31 of the year in which it is issued.

Marginal note:Revocation
  •  (1) The Minister must revoke a permit if any of the conditions set out in section 69 has not been met or if he or she has reasonable grounds to believe that the permit holder has provided false or misleading information to him or her.

  • Marginal note:Conditions for revocation

    (2) The Minister must not revoke a permit unless he or she has provided the permit holder with written reasons for the revocation and an opportunity to be heard, by written representation, in respect of the revocation.

PART 7Miscellaneous Provisions

Annual Report and Other Information

Marginal note:Annual report

 Every person who, in a given calendar year, has a consumption allowance, a manufacturing allowance or a permit issued under these Regulations must submit to the Minister a report that contains the information required by Schedule 6, no later than January 31 following that year.

Marginal note:Information to be submitted to Minister

 Every person who manufactures, uses, sells, imports or exports a substance must, on written request by the Minister, provide to the Minister any information required by the Minister for the purpose of fulfilling Canada’s obligations under the Protocol.

Marginal note:Certification
  •  (1) Any notice of shipment in transit, any application for a permit or any document containing information required to be submitted to the Minister under these Regulations must bear the signature of the interested person or the person authorized to act on their behalf and be accompanied by a certification dated and signed by the interested person or the authorized person, stating that the information is accurate and complete.

  • Marginal note:Writing or electronic format

    (2) The notice of shipment in transit, information, application for a permit and certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister.

  • Marginal note:Importing and exporting — documents to be submitted to customs office

    (3) Every person who imports or exports a substance or a product containing or designed to contain a substance must provide to the customs office where the substance or product is required to be reported under section 12 or 95 of the Customs Act a copy of their permit or the Minister’s written confirmation of their consumption allowance.

  • Marginal note:Substances in transit — information to be provided

    (4) Every person who ships a substance into or out of Canada for the purpose of transit must provide to the customs office where the substance is required to be reported under section 12 or 95 of the Customs Act a copy of the acknowledgement of their notice of shipment in transit referred to in subsection 67(2).

Record Keeping

Marginal note:Export, import or manufacture
  •  (1) Every person who exports, imports or manufactures a substance must

    • (a) maintain records containing the information and documents required by Schedule 7; and

    • (b) keep the records at their principal place of business in Canada for a period of five years after the records are made.

  • Marginal note:Use or sale

    (2) If a substance was manufactured or imported for a use set out in column 3 of Table 1, 2 or 3 of Schedule 1, every person who uses or sells that substance for that use must

    • (a) maintain records containing the information and documents required by Schedule 7; and

    • (b) keep the records at their principal place of business in Canada for a period of five years after the records are made.

  • Marginal note:Where records may be kept

    (3) The records may be kept at any place in Canada other than the principal place of business if the person notifies the Minister in writing of the civic address of the place where the records are kept.

  • Marginal note:Submission of information

    (4) The person must, on written request by the Minister, submit to the Minister the information and documents required by Schedule 7.

Transitional Provision

Marginal note:Permits granted under Ozone-Depleting Substances Regulations, 1998

 A substance or a product containing or designed to contain a substance, if the substance or product is exported, imported, manufactured or used under a permit or authorization issued under the Ozone-Depleting Substances Regulations, 1998, is deemed to be exported, imported, manufactured or used under a permit or authorization issued under these Regulations.

Repeal

 [Repeal]

Coming into Force

Marginal note:Six months after publication

Footnote * These Regulations come into force six months after the day on which they are published in the Canada Gazette, Part II.

 
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