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

Regulations are current to 2014-08-05 and last amended on 2007-06-07. Previous Versions

 No person who has a consumption allowance for a group of controlled substances for any year shall transfer all or any portion of the person’s consumption allowance in excess of the person’s unexpended consumption allowance for the year.

  •  (1) When the Minister allows the temporary transfer of a consumption allowance under subsection 12(3),

    • (a) the consumption allowance of the transferor for a group of controlled substances is the transferor’s consumption allowance before the transfer less the portion of consumption allowance transferred; and

    • (b) the consumption allowance of the transferee for a group of controlled substances is the sum of the transferee’s consumption allowance, if any, before the transfer and the portion of the consumption allowance transferred.

  • (2) When the Minister allows the permanent transfer of a consumption allowance under subsection 12(3),

    • (a) the initial consumption allowance of HCFCs of a transferor who has permanently transferred all or any portion of their consumption allowance in a year that falls within a period referred to in subsection 10(3) or (3.01) is reduced for that year and each subsequent year that falls within that period by the consumption allowance transferred; and

    • (b) the initial consumption allowance of HCFCs of a transferee who has received by permanent transfer all or any portion of a transferor’s consumption allowance in a year that falls within a period referred to in subsection 10(3) or (3.01) is increased for that year and each subsequent year that falls within that period by the consumption allowance transferred.

  • SOR/2004-315, s. 10.

Restrictions on Manufacture, Import and Export

  •  (1) No person who has a consumption allowance or who holds a permit issued under paragraph 33(1)(d) for a group of controlled substances shall have, during any year, a calculated level of consumption for the group that exceeds the consumption allowance or the calculated level of consumption allowed under the permit for the year.

  • (2) If a person destroys a controlled substance within a group at a facility operated in accordance with the standards referred to in subsection 5(4), or uses a controlled substance within a group as feedstock, the person’s calculated level of production for the group is reduced by the quantity so destroyed or used.

  • (3) [Repealed, SOR/2004-315, s. 11]

  • (4) No person shall, for any year, add to a consumption allowance any unexpended consumption allowance from a previous year.

  • SOR/2001-2, s. 9;
  • SOR/2004-315, s. 11.

Reporting

  •  (1) Every person who in a year has a consumption allowance or a permit issued under these Regulations shall submit to the Minister, in the form approved by the Minister,

    • (a) in the case of a recovered, recycled, reclaimed or used controlled substance other than methyl bromide, a quarterly report and a copy of the declaration of imports or exports provided to the Canada Border Services Agency, if applicable; and

    • (b) in any other case, an annual report.

  • (2) and (3) [Repealed, SOR/2001-2, s. 10]

  • (4) An annual report referred to in subsection (1) shall be submitted within 30 days after the last day of the previous year whether or not manufacturing, importing or exporting took place during that year.

  • (5) A quarterly report referred to in subsection (1) shall be submitted within 30 days after the last day of the previous quarter whether or not importing or exporting took place during that quarter.

  • (6) A person who manufactures, uses, sells, offers for sale, imports or exports a controlled substance shall, if the Minister requests it, provide to the Minister any information required for the purpose of fulfilling Canada’s obligations under the Protocol within the time mentioned in the request.

  • SOR/2001-2, s. 10;
  • SOR/2002-100, s. 2;
  • SOR/2004-315, s. 12.