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

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

PART 4Miscellaneous Provisions

Applications and Reports

  •  (1) Any application for an adjustment, a transfer, a portion of an unexpended consumption allowance or a permit and any report or notice submitted under these Regulations shall

    • (a) in the case of a corporation, be signed by a person authorized to do so;

    • (b) in any other case, be signed by the person making the application or submitting the report or notice, or by a person authorized to act on behalf of that person; and

    • (c) contain the information set out in Schedule 5, as applicable, and, on request by the Minister, any other information that is reasonably necessary for the purposes of these Regulations.

  • (2) If a person who submits the application or report referred to in subsection (1) requests that the information contained in it be treated as confidential under section 313 of the Act, the person shall identify in the request

    • (a) the information that constitutes a trade secret;

    • (b) the information the disclosure of which would likely cause material financial loss to, or prejudice to the competitive position of, the person;

    • (c) the information the disclosure of which would likely interfere with contractual or other negotiations being conducted by the person; and

    • (d) any financial, commercial, scientific or technical information that is confidential information and is treated consistently in a confidential manner by the person.

  • SOR/2000-102, s. 28;
  • SOR/2001-2, s. 16;
  • SOR/2004-315, s. 25;
  • SOR/2007-129, s. 8.

 The Minister may refuse to increase a consumption allowance under section 11 or to allow a transfer under section 12 if the Minister has reasonable grounds to believe that the applicant is not able to manufacture, use, sell, offer for sale, import or export the controlled substance or product that contains or is designed to contain a controlled substance, as the case may be, in compliance with the Canadian law applicable to the substance, product or activity.

  • SOR/2004-315, s. 26.

 [Repealed, SOR/2004-315, s. 26]

Requirement to Provide Exact Information

 [Repealed, SOR/2000-102, s. 29]

  •  (1) The Minister may refuse to issue or may cancel a permit or authorization issued under these Regulations if any false or misleading information has been submitted in support of the application for the permit or authorization.

  • (2) The Minister shall not cancel a permit unless the Minister

    • (a) has provided the permit holder with written reasons for the cancellation; and

    • (b) has given the permit holder an opportunity to be heard, either by written or oral representations, in respect of the cancellation.

Transitional Provisions

 [Repealed, SOR/2001-2, s. 17]

 A controlled substance imported or manufactured under any permit or authorization granted under the Ozone-depleting Substances Regulations is deemed to be imported or manufactured under a permit or authorization granted under these Regulations.

Repeals

 [Repeal]

 [Repeal]

 [Repeal]

Coming into Force

 These Regulations come into force on January 1, 1999.

 
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