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

Regulations are current to 2016-11-21 and last amended on 2007-06-07. Previous Versions

 On or after January 1, 2010, no person shall manufacture or import any product that contains or is designed to contain HCFC-141b, HCFC-142b or HCFC-22.

  • SOR/2004-315, s. 20.
  •  (1) On or after January 1, 2015, no person shall manufacture, use, sell, offer for sale or import any HCFC.

  • (2) Subsection (1) does not apply in respect of the manufacture or import of HCFC for exportation or for use as a refrigerant before January 1, 2020.

  • (3) Subsections (1) and (2) do not apply in respect of the manufacture or import of HCFC-123 for exportation or for use as a refrigerant before January 1, 2030.

  • (4) Subsection (1) does not apply in respect of the use, sale or offering for sale of any HCFC for use as a refrigerant.

 On or after January 1, 2020, no person shall manufacture or import any product that contains or is designed to contain any HCFC.

  • SOR/2004-315, s. 21.

Exemption

 Despite any provision of this Part, a person may manufacture, use, sell, offer for sale, import or export a controlled substance or a product that contains or is designed to contain a controlled substance if the person has been issued a permit to do so under paragraph 33(1)(f).

  • SOR/2004-315, s. 22.

PART 3Issuance of Permits

 A person may apply to the Minister, in the form approved by the Minister, for

  • (a) a permit to import a controlled substance that is for destruction as referred to in subsection 5(1);

  • (a.1) a permit to import a controlled substance that is a recovered, recycled, reclaimed or used controlled substance as referred to in subsection 5(1);

  • (b) a permit to export a controlled substance as referred to in section 6 or in paragraph 7(2)(d), (e) or (g);

  • (b.1) a permit for critical use of methyl bromide, under paragraph 5(e) of Schedule 3, referred to in subparagraph 7(2)(b)(ii.1);

  • (b.2) a permit for emergency use of methyl bromide, under paragraph 5(f) of Schedule 3, referred to in subparagraph 7(2)(b)(ii.1);

  • (c) a permit to manufacture or import 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, as referred to in paragraph 7(2)(c) or subsection 8(5);

  • (d) a permit to manufacture or import HCFCs, as referred to in paragraph 8(3)(b);

  • (e) a permit to export a product referred to in subsection 21(1); and

  • (f) a permit to manufacture, use, sell, offer for sale, import or export any controlled substance or product that contains or is designed to contain a controlled substance as referred to in section 31.

  • SOR/2004-315, s. 23;
  • SOR/2007-129, s. 6.
  •  (1) The Minister shall

    • (a) issue the permit referred to in paragraph 32(a.1) if, in the case of a recovered, recycled, reclaimed or used controlled substance, the applicant submits documentation confirming the nature of the substance and if

      • (i) the controlled substance is imported for reclamation in Canada and exportation back to the country of origin within six months after the importation,

      • (ii) the controlled substance is imported from a country to which it was previously exported for reclamation,

      • (iii) the controlled substance that is imported will be used as feedstock or for an essential purpose,

      • (iv) the controlled substance is methyl bromide or any HCFC, or

      • (v) the controlled substance that is imported is a bromofluorocarbon or bromochlorodifluoromethane that will be exported within six months after its importation to a country where it is to be used for an essential purpose;

    • (a.1) issue the permit referred to in paragraph 32(a) if the controlled substance is for destruction;

    • (b) issue the permit referred to in paragraph 32(b) but, in the following cases, only under the following conditions, namely,

      • (i) in the case of a controlled substance, other than a CFC, a bromofluorocarbon or bromochlorodifluoromethane, that is exported for destruction or that is recovered, recycled, reclaimed or used, the applicant submits documentation confirming the nature of the controlled substance,

      • (ii) in the case of a CFC, the applicant submits documentation confirming the nature of the controlled substance and the substance is exported for an essential purpose, for destruction, for reclamation or after its importation in accordance with a permit issued under subparagraph (a)(i), or

      • (iii) in the case of a bromofluorocarbon or bromochlorodifluoromethane, the applicant submits documentation confirming the nature of the controlled substance and the substance is exported for an essential purpose, for destruction, for reclamation or after its importation in accordance with a permit issued under subparagraph (a)(v);

    • (b.1) issue the permit for critical use as referred to in paragraph 32(b.1) if

      • (i) the applicant, or someone on behalf of the applicant, has submitted a nomination containing the information required in the notice published for the purposes of subparagraphs 68(a)(ix) and (xiii) of the Act for the applicable year and a quantity was granted for the nomination by the Decision of the Parties to the Protocol, and

      • (ii) the applicant undertakes to sell or otherwise supply the methyl bromide only to another person who has been issued a permit under this paragraph or under paragraph (b.2) and has completed the declaration referred to in clause 7(2)(b)(ii.1)(C);

    • (b.2) issue the permit for emergency use as referred to in paragraph 32(b.2) if the applicant undertakes to sell or otherwise supply the methyl bromide only to another person who has been issued a permit under this paragraph or under paragraph (b.1) and has completed the declaration referred to in clause 7(2)(b)(ii.1)(C);

    • (c) issue the permit referred to in paragraph 32(c) if the applicant undertakes not to sell or otherwise supply any of the controlled substance to any person who has not completed a declaration in the form approved by the Minister;

    • (d) issue the permit referred to in paragraph 32(d), allowing a calculated level of consumption of HCFCs for an authorized sector that does not exceed, for a quarter within any year, the greater of two tonnes and 33 per cent of the person’s calculated level of consumption of HCFCs for that sector during the previous year, if the applicant has used all of their initial consumption allowance and any calculated level of consumption allowed under previous permits issued under this paragraph;

    • (e) issue the permit referred to in paragraph 32(e); and

    • (f) issue the permit referred to in paragraph 32(f) if the applicant provides evidence that the controlled substance or the product is to be used for an essential purpose.

  • (2) The Minister shall not issue a permit under this section if its issuance contravenes the Protocol or a Decision, as amended from time to time.

  • (2.1) The annual quantity of methyl bromide authorized by the Minister in respect of any given application for a permit made under paragraph 32(b.1) shall be determined by the formula

    A x B / C

    where

    A 
    is the total quantity of methyl bromide granted to Canada by the Decision of the Parties to the Protocol for the nomination with respect to a critical use category;
    B 
    is the quantity requested by the applicant in the application for a permit for critical use, or the quantity requested by the applicant or by a person on behalf of the applicant in the nomination, whichever is the lesser amount; and
    C 
    is the total quantity requested by Canada for the nomination under the Protocol.
  • (3) The Minister may refuse to issue a permit if the Minister has reasonable grounds to believe that the applicant is not able to manufacture, use, sell, offer for sale, import or export a controlled substance or a product containing or designed to contain a controlled substance, as the case may be, in compliance with the Canadian law applicable to the substance, product or activity.

  • (4) A permit issued under this section is effective for the period beginning on the date of the permit’s issuance and ending at the end of the year in which it is issued.

  • (5) The holder of a permit issued under paragraph 33(1)(b.1) may transfer all or part of the permission that was granted for a critical use of methyl bromide with respect to a critical use category to another person to whom a permit is issued under that paragraph if the transferee’s permit is issued for the same critical use category; the transferor shall complete a declaration, in the form approved by the Minister, in which he or she declares that he or she transfers all or part of the permission, as the case may be, to another person to whom a permit is issued for the same critical use category.

  • (6) The transferor shall submit the completed declaration to the Minister within 30 days after the transfer.

  • (7) For the purposes of this section, the applicable critical use categories are those that are set out in the Decisions of the Parties to the Protocol.

  • SOR/2001-2, s. 15;
  • SOR/2004-315, s. 24;
  • SOR/2007-129, s. 7.
 
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