Ozone-Depleting Substances Regulations, 1998 (SOR/99-7)

Regulations are current to 2016-05-12 and last amended on 2007-06-07. Previous Versions

Non-Application

 These Regulations do not apply to a controlled substance if

  • (a) the controlled substance is produced incidentally in the manufacture of substances other than controlled substances; or

  • (b) the controlled substance is incidentally present in a mixture, a product or equipment.

 Subject to section 2.2, these Regulations do not apply where a controlled substance is in transit through Canada from a place outside Canada to another place outside Canada, or where the controlled substance is in transit through another country from a place in Canada to another place in Canada, where

  • (a) the address of the destination is known at the time of import into or export from Canada, as applicable; and

  • (b) while in transit, the controlled substance is not stored other than in the normal course of transport, re-packaged, sorted or otherwise changed in condition or sold.

  • SOR/2001-2, s. 2.
  •  (1) A person who proposes, for the purpose of transit, to import into or export from Canada a controlled substance shall provide a notice to the Minister, in the form approved by the Minister, at least 15 days prior to the import or export, as applicable.

  • (2) The Minister shall acknowledge receipt of the notice in writing.

  • SOR/2001-2, s. 2;
  • SOR/2004-315, s. 2.

PART 1Controlled Substances

Application

 This Part applies to

  • (a) a controlled substance within the meaning of the definition in paragraph 4 of Article 1 of the Protocol, as clarified by Decision I/12A, as amended from time to time; and

  • (b) methyl bromide, whether or not contained in a manufactured product.

Prohibition

 No person shall import or export a controlled substance from or to a State that is not a Party.

  • SOR/2001-2, s. 3;
  • SOR/2004-315, s. 3.

Restrictions

  •  (1) No person shall import, without a permit issued under paragraph 33(1)(a) or (a.1), a controlled substance that is recovered, recycled, reclaimed, used or for destruction.

  • (2) A person who imports for reclamation a recovered, recycled, reclaimed or used controlled substance, other than methyl bromide, an HCFC, a bromofluorocarbon or bromochlorodifluoromethane, shall within six months after its importation export it back to the country of origin.

  • (3) No person shall import a recovered, recycled, reclaimed or used bromofluorocarbon or bromochlorodifluoromethane except if

    • (a) the bromofluorocarbon or bromochlorodifluoromethane will be used for an essential purpose in another country; and

    • (b) the bromofluorocarbon or bromochlorodifluoromethane will be exported to its country of destination within six months after its importation.

  • (4) Any person who fails to comply with subsection (2) or (3), despite being subject to the applicable subsection, shall destroy the controlled substance at a destruction facility that is operated in accordance with the Regulatory Standards for Destruction Facilities set out in the Handbook for the International Treaties for the Protection of the Ozone Layer, as amended from time to time, published by the Ozone Secretariat, United Nations Environment Programme, or export it for destruction no later than three months after the end of the six-month period referred to in the applicable subsection.

  • SOR/2001-2, s. 4;
  • SOR/2004-315, s. 4;
  • SOR/2007-129, s. 2.
  •  (1) No person shall export a controlled substance without a permit issued under paragraph 33(1)(b).

  • (2) Subsection (1) does not apply to a controlled substance that is a heel.

  • (3) Subsection (1) does not apply to a controlled substance that is sold in Canada 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 the equipment.

  • SOR/2001-2, s. 5.
  •  (1) No person shall manufacture, use, sell, offer for sale, import or export a controlled substance within a group of controlled substances set out in column 1 of an item of Schedule 4, on or after the date of prohibition set out in column 2 of that item.

  • (2) Subsection (1) does not apply if

    • (a) the controlled substance is recovered, recycled, reclaimed, used or for destruction;

    • (b) the person uses, sells or offers for sale

      • (i) a controlled substance that was manufactured or imported before the date of its prohibition,

      • (ii) a controlled substance that is set out in column 2 of Schedule 3 for a purpose set out in column 3, other than for a purpose set out in paragraph 5(e) or (f) of that Schedule, if

        • (A) the substance was manufactured or imported under a permit issued under paragraph 33(1)(c), and

        • (B) the person has completed a declaration, in the form approved by the Minister, in which the person undertakes to use the substance for that purpose only and to sell or otherwise supply any of the substance only to another person who has also completed such a declaration,

      • (ii.1) a controlled substance that is set out in item 5 of Schedule 3, for a purpose set out in paragraph 5(e) or (f) of column 3, if

        • (A) the methyl bromide in question was manufactured or imported under a permit issued under paragraph 33(1)(c),

        • (B) the methyl bromide is used in accordance with a permit issued under paragraph 33(1)(b.1) or (b.2), and

        • (C) the person has completed a declaration, in the form approved by the Minister, in which the person undertakes to use the methyl bromide for that purpose only and to sell or otherwise supply any of the methyl bromide only to another person to whom a permit is issued under paragraph 33(1)(b.1) or (b.2) and who has also completed such a declaration, or

      • (iii) tetrachloromethane that was manufactured or imported in 1995 for either of the following applications and that is used only for that application:

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

        • (B) in laboratories, as feedstock or as an analytical standard;

    • (c) the person manufactures or imports, under a permit issued under paragraph 33(1)(c), a controlled substance set out in column 2 of an item of Schedule 3 for a purpose set out in column 3 of that item;

    • (d) the person exports for a purpose set out in column 3 of Schedule 3, under a permit issued under paragraph 33(1)(b), a controlled substance that was previously manufactured or imported under a permit issued under paragraph 33(1)(c);

    • (e) the person exports, under a permit issued under paragraph 33(1)(b), a controlled substance that the person imported by mistake or without consenting to its importation;

    • (f) the person exports a controlled substance that is a heel; or

    • (g) the person exports, under a permit issued under paragraph 33(1)(b), a CFC, a bromofluorocarbon or bromochlorodifluoromethane.

  • (3) A person who receives methyl bromide from a person to whom a permit is issued under paragraph 33(1)(b.1) or (b.2) shall complete a declaration under clause (2)(b)(ii.1)(C) and shall submit the completed declaration to the Minister within 30 days after receiving the methyl bromide.

  • SOR/2004-315, s. 5;
  • SOR/2007-129, s. 3.
  •  (1) Subject to subsections (3) and (5), no person shall manufacture HCFCs.

  • (2) Subject to subsections (3) and (5), no person shall import HCFCs unless they are recovered, recycled, reclaimed, used or for destruction.

  • (3) A person may manufacture or import HCFCs in any year if

    • (a) the person has been informed in writing by the Minister of their initial consumption allowance of HCFCs and of the authorized sector for the allowance for that year;

    • (b) the person has been issued a permit for the year under paragraph 33(1)(d) and has been informed in writing by the Minister of the authorized sector;

    • (c) the person has been informed in writing by the Minister of their baseline consumption allowance of HCFCs and of the authorized sector for the allowance for that year; or

    • (d) the person has been informed in writing by the Minister that a transfer to them of unexpended consumption allowance of HCFCs for the year is allowed under subsection 12(3).

  • (3.1) No person shall use, sell or offer for sale any HCFC imported or manufactured under a consumption allowance or a permit issued under paragraph 33(1)(d) for any sector other than the authorized sector set out in the consumption allowance or the permit.

  • (4) [Repealed, SOR/2007-129, s. 4]

  • (5) A person may manufacture or import HCFCs for a purpose set out in item 6, column 3, of Schedule 3 if the person has been issued a permit under paragraph 33(1)(c).

  • SOR/2001-2, s. 6;
  • SOR/2004-315, s. 6;
  • SOR/2007-129, s. 4.
 
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