Ozone-Depleting Substances Regulations, 1998

Version of section 8 from 2006-03-22 to 2007-06-06:

  •  (1) Subject to subsections (3) and (5), no person shall manufacture HCFCs or methyl bromide.

  • (2) Subject to subsections (3) to (5), no person shall import HCFCs or methyl bromide unless it is 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) A person may import methyl bromide during any year if

    • (a) the person

      • (i) during 1991, 1992 or 1993, applied methyl bromide as a fumigant, used methyl bromide for non-fumigant purposes or used the services of a foreign applicator who applied the methyl bromide as a fumigant on the person's behalf, and

      • (ii) has been informed in writing by the Minister of their baseline consumption allowance of methyl bromide for the year; or

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

  • (5) A person may manufacture or import a controlled substance referred to in column 2 of item 5 or 6 of Schedule 3 for a purpose set out in column 3 of that item if the person has been issued a permit under paragraph 33(1)(c).

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