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

Regulations are current to 2014-06-12 and last amended on 2007-06-07. Previous Versions

Maintenance of Records

  •  (1) Every person who, during any year, manufactures, imports or exports a controlled substance shall

    • (a) maintain records for the year containing the applicable information specified in Schedule 6; and

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

  • (2) Where a controlled substance set out in column 2 of an item of Schedule 3 was manufactured or imported under a permit issued under paragraph 33(1)(c) for a purpose set out in column 3 of that item, every person who, during any year, uses, sells or offers for sale that controlled substance for that purpose shall

    • (a) maintain records for the year containing the applicable information specified in Schedule 6; and

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

  • (2.1) The records referred to in paragraphs 17(1)(b) and (2)(b) may be kept at any other place in Canada if the person notifies the Minister in writing of the civic address of the place where the records are kept.

  • (3) Every person who imports or exports a controlled substance during any year shall 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 their permit, the Minister’s written confirmation of their consumption allowance or an acknowledgement of their notice of shipment in transit.

  • (4) Every person referred to in subsection (1) or (2) shall, on request from the Minister, submit to the Minister the applicable information specified in Schedule 6.

  • SOR/2004-315, s. 13.

PART 2SPECIFIC USES OF CONTROLLED SUBSTANCES

Restrictions on CFCs, Bromofluorocarbons, Bromochlorodifluoromethane, Tetrachloromethane and 1,1,1 trichloroethane

[SOR/2004-315, s. 14]
  •  (1) No person shall manufacture or import a product that contains or is designed to contain any CFC, bromofluorocarbon, bromochlorodifluoromethane, tetrachloromethane or 1,1,1 trichloroethane.

  • (1.1) No person shall use, sell or offer for sale any CFC, bromofluorocarbon, bromochlorodifluoromethane, tetrachloromethane or 1,1,1 trichloroethane that is recovered from a product in which the substance was used for a purpose set out in column 3 of Schedule 3 for any other purpose.

  • (2) No person shall manufacture or import plastic foam in which any CFC has been used as a foaming agent.

  • SOR/2001-2, s. 11;
  • SOR/2004-315, s. 15.

 No person shall sell or offer for sale

  • (a) a pressurized container that contains 10 kg or less of any CFC; or

  • (b) a container or packaging material for food or beverages that is made of plastic foam in which any CFC has been used as a foaming agent.

  •  (1) Subsection 18(1) does not apply in respect of

    • (a) a military ship before January 1, 2003;

    • (b) fire extinguishing equipment that contains or is designed to contain any bromofluorocarbon or bromochlorodifluoromethane and that is to be used in aircraft or military ships or vehicles if the equipment is imported from a Party; or

    • (c) a pest control product before January 1, 2000, provided that the product was registered under the Pest Control Products Act before January 1, 1999.

  • (2) Subsection 18(1) does not apply in respect of aircraft, ships or any vehicle manufactured before the coming into force of these Regulations.

  • (3) Section 18 does not apply in respect of products that are imported and that are personal or household effects intended for the importer’s personal use only.

  • (4) Subsection 18(1) does not apply

    • (a) subject to paragraph (b), before July 1, 2002 to metered-dose inhalers whose active ingredient is salbutamol;

    • (b) before January 1, 2004 to metered-dose inhalers whose active ingredient is salbutamol, in respect of their manufacture for exportation to a Party operating under paragraph 1 of Article 5 of the Protocol;

    • (c) before January 1, 2004 to metered-dose inhalers whose active ingredient is a corticosteroid; and

    • (d) before January 1, 2005 to all other metered-dose inhalers, including those containing a mixture of active ingredients.

  • (4.1) Paragraph 19(a) does not apply

    • (a) before July 1, 2002 to nasal sprays;

    • (b) subject to paragraph (c), before January 1, 2003 to metered-dose inhalers whose active ingredient is salbutamol;

    • (c) before January 1, 2004 to metered-dose inhalers whose active ingredient is salbutamol, in respect of their sale for exportation to a Party operating under paragraph 1 of Article 5 of the Protocol; and

    • (d) to all other metered-dose inhalers, including those containing a mixture of active ingredients.

  • (5) Subsection 18(1) and paragraph 19(a) do not apply in respect of a CFC or a product, as the case may be, that is supplied in a container of 3 L or less and that is to be used for an essential use that is a laboratory or analytical use.

  • (6) Subsection 18(1) and paragraph 19(a) do not apply in respect of a CFC contained in a pressurized container where the CFC is

    • (a) in any of the following azeotropic mixtures, namely,

      • (i) refrigerant 500 (CFC-12/HFC-152a),

      • (ii) refrigerant 501 (CFC-12/HCFC-22),

      • (iii) refrigerant 502 (HCFC-22/CFC-115), and

      • (iv) refrigerant 504 (HFC-32/CFC-115); or

    • (b) a recovered CFC that is sold to be recycled or reclaimed and that will be used as a refrigerant.

  • SOR/2001-2, s. 12;
  • SOR/2002-100, s. 3;
  • SOR/2004-315, s. 16.