Ozone-depleting Substances and Halocarbon Alternatives Regulations
SOR/2016-137
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2016-06-13
Ozone-depleting Substances and Halocarbon Alternatives Regulations
P.C. 2016-477 2016-06-10
Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on March 21, 2015, a copy of the proposed Ozone-depleting Substances and Halocarbon Alternatives Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;
Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;
Return to footnote cS.C. 2002, c. 7, s. 124
And whereas, in accordance with subsection 93(4) of that Act, the Governor in Council is of the opinion that the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Ozone-depleting Substances and Halocarbon Alternatives Regulations.
Interpretation
Marginal note:Definitions
1 The following definitions apply in these Regulations.
- Act
Act means the Canadian Environmental Protection Act, 1999. (Loi)
- CFC
CFC means a chlorofluorocarbon. (CFC)
- critical use
critical use means a use of methyl bromide that conforms to Decision IX/6 set out in the document entitled Report of the Ninth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, published by the Ozone Secretariat, United Nations Environment Programme. (utilisation critique)
- Decision
Decision means a decision adopted at a meeting of the Parties held under Article 11 of the Protocol. (Décision)
- emergency use
emergency use means a use of up to 20 tonnes of methyl bromide, in response to an emergency event, that conforms to Decision IX/6 set out in the document entitled Report of the Ninth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, published by the Ozone Secretariat, United Nations Environment Programme. (utilisation d’urgence)
- essential use
essential use means a use, other than a laboratory or analytical use, that conforms to Decision IV/25 set out in the document entitled Report of the Fourth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, published by the Ozone Secretariat, United Nations Environment Programme. (utilisation essentielle)
- feedstock
feedstock means a substance that is used — and the molecular structure of which is transformed — in the manufacture of a chemical substance. (matière première)
- foaming agent
foaming agent means a chemical that is added to a plastic during the process of manufacturing plastic foam so that gas cells are formed throughout the plastic. (agent de gonflement)
- HBFC
HBFC means a hydrobromofluorocarbon. (HBFC)
- HCFC
HCFC means a hydrochlorofluorocarbon. (HCFC)
- HFC
HFC means a hydrofluorocarbon. (HFC)
- laboratory or analytical use
laboratory or analytical use means a use that is agreed to be a laboratory or analytical use through a Decision of the Parties. (utilisation en laboratoire ou à des fins d’analyse)
- Party
Party means a State that has ratified the Protocol or that meets the conditions referred to in paragraph 8 of Article 4 of the Protocol. (Partie)
- plastic foam
plastic foam means a plastic the weight per unit of volume of which is decreased substantially by the use of a foaming agent during the manufacturing process. (mousse plastique)
- pre-shipment application
pre-shipment application means the treatment with methyl bromide, within 21 days prior to export, of a commodity or a product that is to be entirely exported to another country, or of a means of conveyance, in order to meet a requirement of the importing country or a requirement of Canadian law. (traitement préalable à l’expédition)
- Protocol
Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer, published by the United Nations Environment Programme and signed by Canada on September 16, 1987, in its most recent version. (Protocole)
- quarantine application
quarantine application means the treatment with methyl bromide of a commodity, product, facility or means of conveyance, when the treatment is intended to prevent the spread of, or to control or eradicate, pests of quarantine significance in order to meet a requirement of the importing country or a requirement of Canadian law. (traitement en quarantaine)
- reclaimed
reclaimed means, in respect of a substance, recovered and then reprocessed and upgraded through a process such as filtering, drying, distillation or chemical treatment to restore the substance to industry-accepted reuse standards. (régénérée)
- recovered
recovered means, in respect of a substance used and subsequently collected. (récupérée)
- recycled
recycled means, in respect of a substance, recovered, cleaned through a process such as filtering or drying and reused, including reused to recharge equipment. (recyclée)
- rigid foam product
rigid foam product means a product containing or consisting of any of the following types of foam:
(a) closed-cell rigid polyurethane foam, including one- and two-component froth, pour, spray, injected or bead-applied foam and polyisocyanurate foam;
(b) closed-cell rigid polystyrene boardstock foam;
(c) closed-cell rigid phenolic foam;
(d) closed-cell rigid polyethylene foam that is suitable in shape, thickness and design to be used as a product that provides thermal insulation in heating, plumbing or refrigeration systems or industrial processes. (produit en mousse rigide)
Purpose
Marginal note:Implementation of Canada’s obligations
2 The purpose of these Regulations is to implement Canada’s obligations under the Protocol by setting out rules concerning certain ozone-depleting substances and certain products containing or designed to contain ozone-depleting substances. These Regulations also set out rules concerning halocarbon alternatives.
Application
Marginal note:Application
3 These Regulations apply to
(a) substances — including their isomers — whether existing alone or in a mixture, that are set out in Schedule 1 and specified on the List of Toxic Substances in Schedule 1 to the Act; and
(b) products containing or designed to contain those substances.
Marginal note:Non-application
4 These Regulations do not apply to
(a) a substance if
(i) it is produced incidentally in the manufacture of substances that are not regulated under these Regulations, or
(ii) it is incidentally present in a mixture, product or equipment;
(b) the quantity of a substance that is left in a container after it has been emptied and that does not exceed 10% of the total capacity in weight of the container for that substance;
(c) a substance that is in transit through Canada from a place outside Canada to another place outside Canada, or a substance that is in transit through another country from a place in Canada to another place in Canada, if
(i) the address of the destination is known on the date of entry into Canada or on the date of exit from Canada, and
(ii) while in transit, the substance is not stored — other than in the normal course of transport — repackaged, sorted, altered in any manner or sold; or
(d) an automobile that is in transit through Canada from a place outside Canada to another place outside Canada.
- SOR/2017-216, s. 1
PART 1CFCs, Bromofluorocarbons, Bromochlorodifluoromethane, Tetrachloromethane, 1,1,1-Trichloroethane, HBFCs and Bromochloromethane
Exporting Substances
Marginal note:Prohibition — exporting substance without permit
5 It is prohibited for any person to export a substance set out in Table 1 of Schedule 1 without a permit issued under these Regulations.
Marginal note:Purpose of exporting
6 (1) The permit may only be issued to export the substance to a Party for one of the following purposes:
(a) its destruction;
(b) its disposal if the substance was imported by mistake;
(c) a use set out in column 3 of Table 1 of Schedule 1 if the substance was manufactured or imported for a use set out in that column;
(d) its reclamation, if the substance is a CFC, a bromofluorocarbon or bromochlorodifluoromethane that is recovered, recycled or reclaimed;
(e) any other purpose that complies with the laws of the importing Party, if the substance is a CFC, a bromofluorocarbon or bromochlorodifluoromethane.
Marginal note:Exporting — regardless of purpose
(2) A permit may also be issued to export, regardless of purpose, any of the following substances, if they are recovered, recycled or reclaimed:
(a) bromochloromethane;
(b) an HBFC;
(c) any reclaimed CFC, tetrachloromethane or 1,1,1-trichloroethane.
Marginal note:Obligation with respect to paragraph 6(2)(c)
7 The holder of a permit issued under subsection 6(2) must export any substance set out in paragraph 6(2)(c) to the country of origin of the substance within six months after its importation date.
Marginal note:Refilling or servicing — foreign ship
8 Section 5 does not apply to a substance set out in Table 1 of Schedule 1 that is sold to a foreign ship for the refilling or servicing of its refrigeration, air-conditioning or fire-extinguishing equipment in a quantity that does not exceed the total capacity of that equipment.
Exporting Products
Marginal note:Prohibition — exporting product without permit
9 (1) It is prohibited for any person to export to a Party referred to in paragraph 1 of Article 5 of the Protocol a product containing or designed to contain any CFC, bromofluorocarbon, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane set out in Table 1 of Schedule 1 without a permit issued under these Regulations.
Marginal note:Exception — fire-extinguishing equipment
(2) Subsection (1) does not apply to fire-extinguishing equipment for use in aircraft, military ships or military vehicles.
Importing Substances
Marginal note:Prohibition — importing substance without permit
10 It is prohibited for any person to import a substance set out in Table 1 of Schedule 1 without a permit issued under these Regulations.
Marginal note:Purpose of importing
11 (1) The permit may only be issued to import the substance from a Party for one of the following purposes:
(a) its destruction;
(b) a use set out in column 3 of Table 1 of Schedule 1;
(c) its reclamation, if the substance is a CFC, tetrachloromethane, 1,1,1-trichloroethane, an HBFC or bromochloromethane that is recovered, recycled or reclaimed.
Marginal note:Importing — regardless of purpose
(2) A permit may also be issued to import, regardless of purpose, a bromofluorocarbon or bromochlorodifluoromethane that is recovered, recycled or reclaimed.
Marginal note:Obligation to re-export in certain circumstances
12 The holder of the permit must ensure
(a) if the permit is for a substance set out in paragraph 11(1)(c), that the substance is reclaimed and re-exported to its country of origin within six months after its importation date;
(b) if the permit is for a substance set out in subsection 11(2), that the substance is re-exported to a Party, for any use that complies with the laws of that Party, within six months after its importation date; or
(c) if the holder is unable to comply with paragraph (a) or (b), that the substance is sent for destruction, no later than three months after the end of the six-month period following the importation date, to a facility that is operated in accordance with the Handbook for the Montreal Protocol on Substances that Deplete the Ozone Layer, published by the Ozone Secretariat, United Nations Environment Programme, or that the substance is exported for destruction within that time.
Importing Products
Marginal note:Prohibition — importing product
13 (1) It is prohibited for any person to import a product containing or designed to contain a substance set out in Table 1 of Schedule 1.
Marginal note:Exception — miscellaneous products
(2) Subsection 1 does not apply to
(a) fire-extinguishing equipment containing or designed to contain a bromofluorocarbon or bromochlorodifluoromethane for use in aircraft, military ships or military vehicles if the equipment is imported from a Party;
(b) an aircraft, ship or vehicle manufactured before January 1, 1999;
(c) a personal or household effect for the person’s personal use; or
(d) a product that contains a CFC supplied in a container of 3 L or less and that is used for a laboratory or analytical use.
Manufacture, Use and Sale of a Substance or a Product
Marginal note:Prohibition — manufacturing substance
14 It is prohibited for any person to manufacture a substance set out in Table 1 of Schedule 1.
Marginal note:Prohibition — manufacturing product
15 It is prohibited for any person to manufacture a product containing or designed to contain a substance set out in Table 1 of Schedule 1.
Marginal note:Prohibition — using or selling substance
16 It is prohibited for any person to use or sell a substance set out in Table 1 of Schedule 1, unless
(a) the substance is recovered, recycled or reclaimed;
(b) the substance is sold to be destroyed;
(c) the substance was manufactured or imported before the following date, whichever applies:
(i) in the case of tetrachloromethane, January 1, 1995,
(ii) in the case of 1,1,1-trichloroethane, January 1, 1996,
(iii) in the case of a CFC, January 1, 1996,
(iv) in the case of bromochlorodifluoromethane, bromotrifluoromethane and dibromotetrafluoroethane, July 1, 1994,
(v) in the case of bromofluorocarbons other than those set out in subparagraph (iv), January 1, 1994,
(vi) in the case of an HBFC, January 1, 1996, and
(vii) in the case of bromochloromethane, January 1, 2002;
(d) the substance was manufactured or imported for one of the uses set out in column 3 of that Table and it is used or sold for that same use; or
(e) the substance is tetrachloromethane that was manufactured or imported in 1995 and it is used
(i) in chlor-alkali plants as a diluent for nitrogen trichloride to prevent explosions, or
(ii) as feedstock or for a laboratory or analytical use.
Marginal note:CFCs, bromofluorocarbons, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane
17 It is prohibited for any person to use, for any other use, a CFC, a bromofluorocarbon, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane that is recovered from a product in which that substance was used for one of the uses set out in column 3 of Table 1 of Schedule 1, or to sell that substance for any other use.
Marginal note:Substance no longer needed
18 A person in possession of a substance set out in Table 1 of Schedule 1 that was imported under a permit issued under these Regulations and that is no longer needed for the use set out in that permit must, within six months after the day on which it is no longer needed,
(a) ensure that it is sent for destruction to a facility referred to in paragraph 12(c); or
(b) ensure that it is exported for destruction or for a use set out in column 3 of that Table.
Marginal note:Products, containers and packaging material containing CFCs
19 (1) It is prohibited for any person to sell
(a) a pressurized container that contains 10 kg or less of a CFC set out in Table 1 of Schedule 1; or
(b) a container or packaging material for food or beverages that is made of a plastic foam in which a CFC set out in Table 1 of Schedule 1 is used as a foaming agent.
Marginal note:Exception — metered-dose inhalers and products containing a CFC
(2) Paragraph (1)(a) does not apply to
(a) metered-dose inhalers — including those containing a mixture of active ingredients — other than nasal sprays and metered-dose inhalers whose active ingredient is salbutamol; or
(b) products containing a CFC set out in Table 1 of Schedule 1 that is supplied in a container of 3 L or less for a laboratory or analytical use.
PART 2Methyl Bromide
Marginal note:Definition
20 For the purposes of this Part, methyl bromide includes products containing or designed to contain methyl bromide.
Exporting Methyl Bromide
Marginal note:Prohibition — exporting methyl bromide without permit
21 It is prohibited for any person to export methyl bromide without a permit issued under these Regulations.
Marginal note:Purpose of exporting
22 The permit may only be issued to export methyl bromide to a Party for one of the following purposes:
(a) its destruction;
(b) its disposal if the methyl bromide was imported by mistake; or
(c) a use set out in column 3 of Table 2 of Schedule 1 if the methyl bromide was manufactured or imported for a use set out in that column.
Importing Methyl Bromide
Marginal note:Prohibition — importing methyl bromide without permit
23 It is prohibited for any person to import methyl bromide without a permit issued under these Regulations.
Marginal note:Purpose of importing
24 The permit may only be issued to import methyl bromide from a Party for one of the following purposes:
(a) its destruction; or
(b) a use set out in column 3 of Table 2 of Schedule 1.
Manufacture, Use and Sale of Methyl Bromide
Marginal note:Prohibition — manufacturing methyl bromide
25 It is prohibited for any person to manufacture methyl bromide.
Marginal note:Prohibition — using or selling methyl bromide
26 It is prohibited for any person to use or sell methyl bromide, unless
(a) it is sold for destruction;
(b) it was manufactured or imported before January 1, 2005;
(c) it was imported, and it is sold, for use as feedstock;
(d) it was imported, and it is sold, for a laboratory or analytical use; or
(e) it was imported, and it is sold, for use as a quarantine application or a pre-shipment application.
Marginal note:Emergency use or critical use permit
27 It is prohibited for any person to use methyl bromide for an emergency use or a critical use without a permit issued under these Regulations.
Marginal note:Information required by Protocol
28 Every person who anticipates using methyl bromide for a critical use in a given year must, by no later than July 29 of the year that is two years preceding the given year, submit — or cause to be submitted on their behalf — to the Minister the information required by the Handbook on Critical Use Nominations for Methyl Bromide, published by the Ozone Secretariat, United Nations Environment Programme.
Marginal note:Critical use permit
29 (1) The Minister may issue a critical use permit for methyl bromide if a quantity of methyl bromide was granted to Canada by a Decision for the critical use category set out in the application.
Marginal note:Calculation of annual quantity of methyl bromide
(2) The annual quantity of methyl bromide for which a critical use permit may be issued is determined by the formula
A × B / C
where
- A
- is the total quantity of methyl bromide granted to Canada by a Decision for a critical use category;
- B
- is the lesser of the quantity of methyl bromide requested by the applicant in the permit application, and the quantity of methyl bromide set out in the information submitted by or on behalf of the applicant under section 28; and
- C
- is the total quantity of methyl bromide requested by Canada in the nomination under the Protocol.
Marginal note:Prohibition — transferring without authorization
30 (1) It is prohibited for any person to transfer their critical use permit for methyl bromide or a portion of the quantity of methyl bromide set out in the permit unless the Minister allows the transfer under subsection (3).
Marginal note:Application to Minister
(2) The transferor and transferee must submit an application to the Minister for the transfer containing the information required by Schedule 3.
Marginal note:Conditions
(3) The Minister must allow the transfer if
(a) the transferor has an unused quantity that is not less than the quantity of the proposed transfer;
(b) the transferee has submitted, or caused to be submitted on their behalf, the information referred to in section 28 for a critical use of the same category as that set out in the permit; and
(c) the transferee undertakes to use the quantity for a critical use of the same category as that set out in the permit.
Marginal note:Written notice
(4) The Minister must inform the transferor and transferee in writing of the decision concerning the application for a transfer.
Marginal note:Breach of conditions of transfer
(5) If the Minister has allowed a transfer and subsequently discovers that the transferee breached the undertaking referred to in paragraph (3)(c), the Minister must inform the transferee of the breach and the transferee must, without delay, transfer back to the transferor the unused portion of the quantity of methyl bromide.
Marginal note:Grounds for refusal or cancellation
31 (1) The Minister may refuse to allow or may cancel a transfer if the Minister has reasonable grounds to believe that the transferee is not able to use the methyl bromide in compliance with Canadian law.
Marginal note:Effect of cancellation
(2) If the Minister cancels a transfer, the transferee must, without delay, transfer back to the transferor the unused portion of the quantity of methyl bromide.
Marginal note:Substance no longer needed
32 A person in possession of a quantity of methyl bromide that was imported under a permit issued under these Regulations and that is no longer needed for the use set out in that permit must, within six months after the day on which the methyl bromide is no longer needed,
(a) ensure that it is sent for destruction to a facility referred to in paragraph 12(c);
(b) ensure that it is exported for destruction or for a use set out in column 3 of Table 2 of Schedule 1;
(c) if it was imported for use as a quarantine application or a pre-shipment application or for an emergency use or a critical use, transfer it for any one of those uses;
(d) if it was imported for use as feedstock, transfer it for that same use; or
(e) if it was imported for a laboratory or analytical use, transfer it for that same use.
PART 3HCFCs
Exporting HCFCs
Marginal note:Prohibition — exporting HCFCs without permit
33 It is prohibited for any person to export an HCFC set out in Table 3 of Schedule 1 without a permit issued under these Regulations.
Marginal note:Purpose of exporting
34 (1) The permit may only be issued to export an HCFC to a Party and, on or after January 1, 2020 — or, in the case of HCFC-123, on or after January 1, 2030 — for one of the following purposes:
(a) its destruction;
(b) its disposal if the HCFC was imported by mistake;
(c) its use as feedstock; or
(d) any other purpose that complies with the laws of the importing Party.
Marginal note:Exporting — regardless of purpose
(2) A permit may also be issued to export, regardless of purpose and at any time, an HCFC that is recovered, recycled or reclaimed.
- SOR/2017-216, s. 2(E)
Marginal note:Refilling or servicing — foreign ship
35 Section 33 does not apply to an HCFC set out in Table 3 of Schedule 1 that is sold to a foreign ship for the refilling or servicing of its refrigeration, air-conditioning or fire-extinguishing equipment in a quantity that does not exceed the total capacity of that equipment.
Importing HCFCs
Marginal note:Prohibition — importing HCFCs without permit
36 It is prohibited for any person to import an HCFC set out in Table 3 of Schedule 1 without a permit issued under these Regulations.
Marginal note:Purpose of importing
37 (1) The permit may only be issued to import an HCFC from a Party for one of the following purposes:
(a) its destruction; or
(b) a use set out in column 3 of Table 3 of Schedule 1.
Marginal note:Importing — regardless of purpose
(2) A permit may also be issued to import, regardless of purpose, an HCFC that is recovered, recycled or reclaimed until January 1, 2020 — or until January 1, 2030 in the case of HCFC-123.
Marginal note:Exception — consumption allowance
38 (1) Section 36 does not apply to a person who is granted a consumption allowance for an HCFC or a transferee of a consumption allowance for an HCFC that is used or sold as a refrigerant or as a fire-extinguishing agent or that is to be exported.
Marginal note:Ceases to have effect
(2) Subsection (1) ceases to have effect on January 1, 2020 in the case of an HCFC and on January 1, 2030 in the case of HCFC-123.
Marginal note:Refillable container
39 Any HCFC that is imported for use as a refrigerant must be stored in a refillable container.
Importing Products Containing HCFCs
Marginal note:Prohibition — importing products containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b
40 It is prohibited for any person to import a product containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b, unless
(a) the product is a personal or household effect for the person’s personal use; or
(b) the product will be used in a military ship before January 1, 2017.
Marginal note:Plastic foam
41 It is prohibited for any person to import a plastic foam in which an HCFC set out in Table 3 of Schedule 1 is used as a foaming agent.
Marginal note:Products containing 2 kg or less of HCFCs
42 (1) It is prohibited for any person to import a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1.
Marginal note:Exception — miscellaneous products
(2) Subsection (1) does not apply to pressurized containers containing
(a) a mould release agent used in the manufacture of plastic and elastomeric materials;
(b) a spinneret lubricant or cleaning agent used in the manufacture of synthetic fibres;
(c) a document preservation agent;
(d) a fire-extinguishing agent used in equipment for non-residential applications;
(e) a wasp or hornet agent;
(f) a rigid foam product;
(g) refrigerant 412A (HCFC-22/HCFC-142b/octafluoropropane); or
(h) refrigerant 509A (HCFC-22/octafluoropropane).
Marginal note:Exception — health care products and laboratory or analytical use
(3) Subsection (1) does not apply to a pressurized container containing a product that is intended
(a) for use in animal or human health care, including a bronchial dilator, inhalable steroid, topical anaesthetic and veterinary wound powder spray; or
(b) for a laboratory or analytical use.
- SOR/2017-216, s. 3(F)
Marginal note:Prohibition for products containing HCFCs — January 1, 2020
43 (1) On or after January 1, 2020, it is prohibited for any person to import a product containing or designed to contain an HCFC set out in Table 3 of Schedule 1.
Marginal note:Exception — personal or household effects
(2) Subsection (1) does not apply to a product that is a personal or household effect for the person’s personal use.
Manufacture, Use and Sale of HCFCs
Marginal note:Prohibition — manufacturing of HCFCs without permit
44 It is prohibited for any person to manufacture an HCFC set out in Table 3 of Schedule 1 without a permit issued under these Regulations.
Marginal note:Purpose of the manufacture
45 The permit may only be issued to manufacture an HCFC if the holder of the permit intends to manufacture the HCFC for a use set out in column 3 of Table 3 of Schedule 1.
Marginal note:Exception — manufacturing allowance
46 (1) Section 44 does not apply to a person who is granted a manufacturing allowance for an HCFC that is used or sold as a refrigerant or as a fire-extinguishing agent or that is to be exported.
Marginal note:Ceases to have effect
(2) Subsection (1) ceases to have effect on January 1, 2020 in the case of an HCFC and on January 1, 2030 in the case of HCFC-123.
Marginal note:Refillable container
47 Any HCFC that is manufactured for use as a refrigerant must be stored in a refillable container.
Marginal note:Prohibition — manufacturing products containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b
48 It is prohibited for any person to manufacture a product containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b.
Marginal note:Plastic foam
49 It is prohibited for any person to manufacture a plastic foam in which an HCFC set out in Table 3 of Schedule 1 is used as a foaming agent.
Marginal note:Products containing 2 kg or less of HCFCs
50 (1) It is prohibited for any person to manufacture a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1.
Marginal note:Exception — miscellaneous products
(2) Subsection (1) does not apply to the pressurized containers referred to in subsections 42(2) and (3).
Marginal note:Prohibition for products containing HCFCs — January 1, 2020
51 On or after January 1, 2020, it is prohibited for any person to manufacture a product containing or designed to contain an HCFC set out in Table 3 of Schedule 1.
Marginal note:Prohibition — using or selling HCFCs
52 It is prohibited for any person to use or sell an HCFC set out in Table 3 of Schedule 1, unless
(a) it is sold for destruction;
(b) it is used or sold as a refrigerant or as a fire-extinguishing agent or is to be exported; or
(c) it was imported or manufactured under a permit issued under these Regulations and is to be used for one of the uses set out in column 3 of that Table.
Marginal note:Products containing 2 kg or less of HCFCs
53 (1) It is prohibited for any person to sell a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1.
Marginal note:Exception — miscellaneous products
(2) Subsection (1) does not apply to the pressurized containers referred to in subsections 42(2) and (3).
Destruction of HCFCs
Marginal note:HCFC no longer needed
54 (1) A person in possession of an HCFC set out in Table 3 of Schedule 1 that was imported or manufactured under a permit issued under these Regulations and that is no longer needed for the use set out in that permit must, within six months after the day on which it is no longer needed,
(a) ensure that it is sent for destruction to a facility referred to in paragraph 12(c);
(b) ensure that it is exported for destruction, for use as a feedstock or for a laboratory or analytical use; or
(c) in the case of a recovered, recycled or reclaimed HCFC, ensure that it is sent to a recycling or reclamation facility.
Marginal note:Exception — consumption or manufacturing allowance
(2) Any person who is granted a consumption or manufacturing allowance under section 55 or 61 may either comply with subsection (1) or include the quantity of HCFCs that is no longer needed for the use set out in the permit in their calculated level of consumption or manufacture, only if doing so does not result in the allowance being exceeded.
Consumption Allowances for HCFCs
- SOR/2017-216, s. 4
Marginal note:Calculation of consumption allowance
55 (1) The annual consumption allowance for an HCFC set out in Table 3 of Schedule 1 for use as a refrigerant or as a fire-extinguishing agent to which each person who was entitled to the allowance under the Ozone-Depleting Substances Regulations, 1998 is entitled is determined as follows:
(a) for each calendar year that falls within the period that begins on January 1, 2015 and ends on December 31, 2019, in accordance with the following formula:
A × B
where
- A
- is the consumption allowance, expressed in ODP tonnes, that was granted for 2014 for the cooling sector; and
- B
- is 28.57 %; and
(b) for each calendar year that falls within the period that begins on January 1, 2020 and ends on December 31, 2029, by multiplying the consumption allowance granted for 2019 by 5%.
Marginal note:Transfer
(2) If a transfer of a portion of the consumption allowance is approved in accordance with subsection 57(4), the transferred portion is substracted or added to the person’s annual consumption allowance, as the case may be,
(a) in the case of a permanent transfer, for every calendar year following the year of the transfer; or
(b) in the case of a temporary transfer, for the calendar year of the transfer.
Marginal note:Written notice
(3) The Minister must inform the person in writing of their consumption allowance.
- SOR/2017-216, s. 5(F)
Marginal note:Consumption allowance not to be exceeded
56 (1) A person who is granted an annual consumption allowance must ensure that it is not exceeded by determining their calculated level of consumption for each HCFC for a calendar year, and then adding together all of their calculated levels of consumption.
Marginal note:Calculated level of consumption
(2) The calculated level of consumption for an HCFC — excluding a recovered, recycled or reclaimed HCFC that is imported or exported — that is manufactured, imported or exported during a calendar year must be determined using the following formula:
(M × ODP) + (I × ODP) – (E × ODP) – (Di × ODP)
where
- M
- is the quantity manufactured during the calendar year, other than the quantity manufactured for use as feedstock;
- ODP
- is the ozone-depleting potential set out in column 2 of Table 3 of Schedule 1 for the HCFC in question;
- I
- is the quantity imported during the calendar year;
- E
- is the quantity exported during the calendar year; and
- Di
- is the quantity imported during the calendar year for destruction under paragraph 54(1)(a).
- SOR/2017-216, s. 6
Marginal note:Prohibition to transfer without authorization
57 (1) It is prohibited for any person to transfer all or a portion of their annual consumption allowance unless the Minister allows the transfer under subsection (4).
Marginal note:Transfer may be temporary or permanent
(2) A transfer is temporary if it applies to only one calendar year, and it is permanent if it applies to all calendar years up to and including 2029.
Marginal note:Application to Minister
(3) The transferor and transferee must submit an application to the Minister for the transfer containing the information required by Schedule 4 and specifying whether the proposed transfer is temporary or permanent.
Marginal note:Conditions
(4) The Minister must allow the transfer if the transferor has an unused consumption allowance that is not less than the quantity of the proposed transfer.
Marginal note:Written notice
(5) The Minister must inform the transferor and transferee in writing of the decision concerning the application for a transfer and of their consumption allowances.
Marginal note:Grounds for refusal and cancellation
58 (1) The Minister may refuse to allow or may cancel a transfer if the Minister has reasonable grounds to believe that the transferee is not able to manufacture, use, sell, import or export an HCFC in compliance with Canadian law.
Marginal note:Effect of cancellation
(2) If the Minister cancels a transfer, the transferee must, without delay, transfer back to the transferor any unused portion of the consumption allowance.
Marginal note:Retirement of consumption allowances
59 (1) A person may retire their consumption allowance by providing the Minister with a notice in writing to that effect containing the information required by Schedule 4.
Marginal note:Effect of retirement
(2) A person who has retired their consumption allowance is not entitled to any further consumption allowance.
Manufacturing Allowance for HCFCs
- SOR/2017-216, s. 7
Marginal note:Calculation of manufacturing allowance
60 (1) The annual manufacturing allowance for an HCFC set out in Table 3 of Schedule 1 to which each person is entitled is determined as follows:
(a) for each calendar year that falls within the period that begins on January 1, 2015 and ends on December 31, 2019, in accordance with the following formula:
A × B / C
where
- A
- is 81.9 ODP tonnes,
- B
- is the quantity manufactured by a person for 2013, expressed in ODP tonnes, and
- C
- is the quantity manufactured in Canada, expressed in ODP tonnes; and
(b) for each calendar year that falls within the period that begins on January 1, 2020 and ends on December 31, 2029, by multiplying the manufacturing allowance granted for 2019 by 5%.
Marginal note:Greater manufacturing allowance
(2) When it is necessary to allow Canada to fulfill its obligations under an agreement with a Party for the purpose of industrial rationalization or to satisfy domestic HCFC needs, the Minister may permit, for a calendar year, a greater manufacturing allowance than that which a person would have obtained under subsection (1) and that greater manufacturing allowance is not taken into account in any subsequent calculation of the annual manufacturing allowance.
Marginal note:Written notice
(3) The Minister must inform the person in writing of their manufacturing allowance.
- SOR/2017-216, s. 8
Marginal note:Manufacturing allowance not to be exceeded
61 (1) A person who is granted an annual manufacturing allowance must ensure that it is not exceeded by determining their calculated level of manufacture for each HCFC for a calendar year, and then adding together all of their calculated levels of manufacture.
Marginal note:Calculated level of manufacture
(2) The calculated level of manufacture for an HCFC must be determined using the following formula:
(M × ODP) – (Dm × ODP)
where
- M
- is the quantity manufactured during the calendar year, other than the quantity manufactured for use as feedstock;
- ODP
- is the ozone-depleting potential set out in column 2 of Table 3 of Schedule 1 for the HCFC in question; and
- Dm
- is the quantity manufactured during the calendar year for destruction under paragraph 54(1)(a).
- SOR/2017-216, s. 9
PART 4HFCs
62 [Repealed, SOR/2017-216, s. 10]
Exporting HFCs
Marginal note:Prohibition — exporting HFCs without permit
63 It is prohibited for any person to export an HFC set out in Table 4 of Schedule 1 without a permit issued under these Regulations.
Importing HFCs
Marginal note:Prohibition — importing HFCs without permit
64 It is prohibited for any person to import an HFC set out in Table 4 of Schedule 1 without a permit issued under these Regulations.
- SOR/2017-216, s. 11
Marginal note:Purpose of importing
64.1 (1) The permit may only be issued to import an HFC for one of the following purposes:
(a) its destruction;
(b) its use as feedstock.
(c) [Repealed, SOR/2017-216, s. 11]
Marginal note:Importing regardless of purpose
(2) A permit may also be issued to import, regardless of purpose, an HFC that is recovered, recycled or reclaimed.
- SOR/2017-216, s. 11
Marginal note:Exception — consumption allowance
64.2 Section 64 does not apply to a person who is granted an annual consumption allowance for an HFC or a transferee of an annual consumption allowance for an HFC intended for a use for which a substance set out in Tables 1 to 3 of Schedule 1 has been used in Canada.
- SOR/2017-216, s. 11
Marginal note:Refillable container
64.3 Any HFC that is imported for use as a refrigerant must be stored in a refillable container.
- SOR/2017-216, s. 11
Importing Products Containing HFCs
Marginal note:Prohibition — importing certain products containing HFCs used as refrigerants
64.4 (1) As of the date indicated in column 3 of Schedule 1.1, it is prohibited for any person to import any product set out in that Schedule that contains or is designed to contain an HFC that is set out in Table 4 of Schedule 1 and is to be used as a refrigerant, if the global warming potential of the refrigerant used in that product is greater than the specified limit in Schedule 1.1.
Marginal note:Exception — personal effect
(2) Subsection (1) does not apply to a product set out in Schedule 1.1 that is destined for residential use if it is a personal effect of the person.
Marginal note:Automobiles — 2021 and subsequent model years
(3) Beginning with the 2021 model year, it is prohibited for any person to import an automobile equipped with an air-conditioning system that contains or is designed to contain an HFC that is set out in Table 4 of Schedule 1 and is to be used as a refrigerant if the global warming potential of the refrigerant used in that system is greater than 150.
Marginal note:Exception — personal use automobile
(4) Subsection (3) does not apply to an automobile destined for the person’s personal use.
- SOR/2017-216, s. 11
Marginal note:Plastic foam or rigid foam product
64.5 (1) As of January 1, 2021, it is prohibited for any person to import a plastic foam or a rigid foam product in which an HFC set out in Table 4 of Schedule 1 is used as a foaming agent if the global warming potential of the foaming agent is greater than 150.
Marginal note:Exception — personal effect
(2) Subsection (1) does not apply to a person’s personal effect that contains a plastic foam or a rigid foam product.
Marginal note:Exception — military, space or aeronautical applications
(3) Subsection (1) does not apply to a plastic foam or a rigid foam product that is intended to be used for military, space or aeronautical applications.
- SOR/2017-216, s. 11
Marginal note:Pressurized containers — 2 kg or less of HFC used as propellant
64.6 (1) As of January 1, 2019, it is prohibited for any person to import a pressurized container that contains 2 kg or less of an HFC when the HFC is used as a propellant if the global warming potential of that HFC is greater than 150.
Marginal note:Exceptions — miscellaneous products
(2) Subsection (1) does not apply to a pressurized container that contains
(a) a mould release agent or mould cleaning agent;
(b) a spinneret lubricant or cleaning agent used in the manufacture of synthetic fibers;
(c) a document preservation agent;
(d) a lubricant, cleaning agent, freezing agent or corrosion prevention agent used for electrical equipment or electronic components;
(e) a duster agent used on photographic negatives and semiconductor chips;
(f) a lubricant, cleaning agent or corrosion prevention agent used for aircraft maintenance;
(g) a pesticide used near electrical wires or in aircraft or a certified organic-use pesticide;
(h) a stench gas used in mines; or
(i) a cooling agent used for testing electronics and electro-mechanical systems.
Marginal note:Exception — health care products and laboratory or analytical use
(3) Subsection (1) does not apply to a pressurized container that contains a product that is intended
(a) for use in animal or human health care, including a bronchial dilator, inhalable steroid, topical anaesthetic, bandage adhesive remover and veterinary wound powder spray; or
(b) for a laboratory or analytical use.
- SOR/2017-216, s. 11
Manufacture of HFCs
Marginal note:Prohibition — manufacture of HFCs without permit
65 It is prohibited for any person to manufacture an HFC set out in Table 4 of Schedule 1 without a permit issued under these Regulations.
- SOR/2017-216, s. 11
Marginal note:Purpose of manufacture
65.01 The permit may only be issued to manufacture an HFC to be used as feedstock.
- SOR/2017-216, s. 11
Marginal note:Prohibition — manufacturing products containing HFCs used as refrigerants
65.02 (1) As of the date indicated in column 3 of Schedule 1.1, it is prohibited for any person to manufacture any product set out in that Schedule that contains or is designed to contain an HFC set out in Table 4 of Schedule 1 and used as a refrigerant if the global warming potential of the refrigerant used in that product is greater than the limit specified in Schedule 1.1.
Marginal note:Automobiles — 2021 and subsequent model years
(2) Beginning with the 2021 model year, it is prohibited for any person to manufacture an automobile equipped with an air-conditioning system that contains or is designed to contain an HFC that is set out in Table 4 of Schedule 1 and is to be used as a refrigerant if the global warming potential of the refrigerant used in that system is greater than 150, unless it is intended to be exported.
- SOR/2017-216, s. 11
Marginal note:Plastic foam or rigid foam product
65.03 (1) As of January 1, 2021, it is prohibited for any person to manufacture a plastic foam or a rigid foam product in which an HFC set out in Table 4 of Schedule 1 is used as a foaming agent if the global warming potential of the foaming agent is greater than 150.
Marginal note:Exception — military, space or aeronautic applications
(2) Subsection (1) does not apply to a plastic foam or a rigid foam product that is intented to be used for military, space or aeronautical applications.
- SOR/2017-216, s. 11
Marginal note:Pressurized containers — 2 kg or less of an HFC used as propellant
65.04 (1) As of January 1, 2019, it is prohibited for any person to manufacture a pressurized container that contains 2 kg or less of an HFC when the HFC is used as a propellant if the global warming potential of that HFC is greater than 150.
Marginal note:Exception — miscellaneous products
(2) Subsection (1) does not apply to the pressurized containers referred to in subsections 64.6(2) and (3).
- SOR/2017-216, s. 11
Destruction of HFCs
Marginal note:HFC no longer needed
65.05 A person in possession of an HFC set out in Table 4 of Schedule 1 that was imported or manufactured under a permit issued under these Regulations and that is no longer needed for the use set out in that permit must, within six months after the day on which it is no longer needed,
(a) ensure that it is sent for destruction to a facility referred to in paragraph 12(c);
(b) ensure that it is exported for destruction, for use as feedstock or for a laboratory or analytical use; or
(c) in the case of a recovered, recycled or reclaimed HFC, ensure that it is sent to a recycling or reclamation facility.
- SOR/2017-216, s. 11
Consumption Allowance for HFCs
Marginal note:Calculation of consumption allowance for HFCs
65.06 (1) The annual consumption allowance for an HFC set out in Table 4 of Schedule 1 to which a person is entitled is determined as follows:
(a) for each calendar year that falls within the period that begins on January 1, 2019 and ends on December 31, 2023, by multiplying the base consumption granted to that person by 90%;
(b) for each calendar year that falls within the period that begins on January 1, 2024 and ends on December 31, 2028, by multiplying the base consumption granted to that person by 60%;
(c) for each calendar year that falls within the period that begins on January 1, 2029 and ends on December 31, 2033, by multiplying the base consumption granted to that person by 30%;
(d) for each calendar year that falls within the period that begins on January 1, 2034 and ends on December 31, 2035, by multiplying the base consumption granted to that person by 20%; and
(e) as of January 1, 2036, by multiplying the base consumption granted to that person by 15%.
Marginal note:Calculation of base consumption
(2) The base consumption granted to a person is determined as follows:
C/D × E
where
- C
- is the person’s average HFC consumption for 2014 and 2015, expressed in tonnes of CO2 equivalent;
- D
- is the average Canadian HFC consumption for 2014 and 2015, expressed in tonnes of CO2 equivalent; and
- E
- is 18 008 795 tonnes of CO2 equivalent.
Marginal note:Permanent or temporary transfer
(3) If a transfer of a portion of the consumption allowance is approved in accordance with subsection 65.08(4), the transferred portion is subtracted from or added to the person’s annual consumption allowance, as the case may be,
(a) in the case of a permanent transfer, for every calendar year following the year of the transfer; and
(b) in the case of a temporary transfer, for the calendar year of the transfer.
Marginal note:Written notice
(4) The Minister must inform the person in writing of their consumption allowance.
- SOR/2017-216, s. 11
- SOR/2020-177, s. 3
Marginal note:Annual consumption allowance for HFCs not to be exceeded
65.07 (1) A person who is granted an annual consumption allowance must ensure that it is not exceeded by determining their calculated level of consumption for each HFC for a calendar year and then adding together all of their calculated levels of consumption.
Marginal note:Calculated level of consumption
(2) The calculated level of consumption for an HFC — excluding a recovered, recycled or reclaimed HFC that is imported or exported — that is manufactured, imported or exported during a calendar year must be determined using the following formula:
(M × GWP) + (I × GWP) – (E × GWP)
where
- M
- is the quantity manufactured during the calendar year, other than the quantity manufactured for use as feedstock;
- GWP
- is the global warming potential of the HFC;
- I
- is the quantity imported during the calendar year; and
- E
- is the quantity exported during the calendar year.
- SOR/2017-216, s. 11
Marginal note:Prohibition — transfer without authorization
65.08 (1) It is prohibited for any person to transfer all or a portion of their annual consumption allowance of HFCs unless the Minister approves the transfer under subsection (4).
Marginal note:Temporary or permanent transfer
(2) A transfer is temporary if it applies to only one calendar year and it is permanent if it applies to all calendar years.
Marginal note:Application to Minister
(3) The transferor and transferee must submit an application for the transfer to the Minister that contains the information required by Schedule 4 and specifies whether the proposed transfer is temporary or permanent.
Marginal note:Conditions
(4) The Minister must approve the transfer if the transferor has an unused consumption allowance that is not less than the quantity of the proposed transfer.
Marginal note:Written notice
(5) The Minister must inform the transferor and transferee in writing of the decision concerning the application for a transfer and of their consumption allowances.
- SOR/2017-216, s. 11
Marginal note:Grounds for refusal and cancellation
65.09 (1) The Minister may refuse to approve or may cancel a transfer if the Minister has reasonable grounds to believe that the transferee is not able to manufacture, use, sell, import or export an HFC in compliance with Canadian law.
Marginal note:Effect of cancellation
(2) If the Minister cancels a transfer, the transferee must, without delay, transfer back to the transferor any unused portion of the consumption allowance.
- SOR/2017-216, s. 11
Marginal note:Retirement of consumption allowances
65.1 (1) A person may retire their consumption allowance by providing the Minister with a notice in writing to that effect containing the information required by Schedule 4.
Marginal note:Effect of retirement
(2) A person who has retired their consumption allowance is not entitled to any further consumption allowance.
- SOR/2017-216, s. 11
PART 5Essential Purpose
Marginal note:Exceptions — essential purpose
66 (1) Despite subsection 13(1), sections 15 and 17, subsection 19(1), sections 40 and 41, subsections 42(1) and 43(1), sections 48 and 49, subsection 50(1), section 51, subsection 53(1), subsections 64.4(1), 64.5(1) and 64.6(1), sections 65.02 and 65.03 and subsection 65.04(1), a person may import, manufacture, use or sell a substance set out in Table 1, 3 or 4 of Schedule 1 or a product containing or designed to contain that substance if the substance or product will be used for an essential purpose and if a permit is specifically issued under these Regulations for that purpose.
Marginal note:Essential purpose
(2) An essential purpose is a purpose requiring the use of a substance or a product containing or designed to contain a substance, when that use is necessary for the health and safety or the good functioning of society, encompassing its cultural and intellectual aspects, and when there are no technically or economically feasible alternatives to that use that are acceptable from the standpoint of the environment and of health.
- SOR/2017-216, s. 12
PART 6Notice and Application for Permit
Notice
Marginal note:Notice to Minister
67 (1) A person who proposes to ship a substance into or out of Canada for the purpose of transit must provide a notice of shipment in transit to the Minister containing the information required by Schedule 2 at least 15 days prior to the date of entry into Canada or the date of exit from Canada.
Marginal note:Acknowledgement
(2) The Minister must acknowledge receipt of the notice in writing.
Application for Permit
Marginal note:Required information
68 An application for a permit must be submitted to the Minister and contain the information and documents required by the following sections of Schedule 5:
(a) in the case of exportation, section 1 or 2;
(b) in the case of importation, section 3;
(c) in the case of manufacture, section 4;
(d) in the case of an emergency use or a critical use of methyl bromide, section 5; and
(e) in the case of use for an essential purpose, section 6.
Marginal note:Conditions
69 The Minister may issue a permit if
(a) its issuance is in accordance with the Protocol or a Decision;
(b) all of the information required under section 68 has been provided; and
(c) the purpose of the permit has been established and is in accordance with these Regulations.
Marginal note:Duration
70 (1) A permit is effective
(a) if the application is submitted for the current year, for the period beginning on the date of its issuance and ending on December 31 of the year in which it is issued; or
(b) if the application is submitted for the subsequent year, for the period beginning on January 1 and ending on December 31 of the year for which it is issued.
Marginal note:Essential purpose
(2) Despite subsection (1), a permit for an essential purpose may be issued for a period of up to 36 months.
- SOR/2017-216, s. 13
Marginal note:Revocation
71 (1) The Minister must revoke a permit if any of the conditions set out in section 69 has not been met or if he or she has reasonable grounds to believe that the permit holder has provided false or misleading information to him or her.
Marginal note:Conditions for revocation
(2) The Minister must not revoke a permit unless he or she has provided the permit holder with written reasons for the revocation and an opportunity to be heard, by written representation, in respect of the revocation.
PART 7Miscellaneous Provisions
Annual Report and Other Information
Marginal note:Annual report
72 Every person who, in a given calendar year, has a consumption allowance, a manufacturing allowance or a permit issued under these Regulations must submit to the Minister a report that contains the information required by Schedule 6, no later than January 31 following that year.
Marginal note:Information to be submitted to Minister
73 Every person who manufactures, uses, sells, imports or exports a substance must, on written request by the Minister, provide to the Minister any information required by the Minister for the purpose of fulfilling Canada’s obligations under the Protocol.
Marginal note:Certification
74 (1) Any notice of shipment in transit, any application for a permit or any document containing information required to be submitted to the Minister under these Regulations must bear the signature of the interested person or the person authorized to act on their behalf and be accompanied by a certification dated and signed by the interested person or the authorized person, stating that the information is accurate and complete.
Marginal note:Writing or electronic format
(2) The notice of shipment in transit, information, application for a permit and certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister.
Marginal note:Importing and exporting — documents to be submitted to customs office
(3) Every person who imports or exports a substance or a product containing or designed to contain a substance must provide to the customs office where the substance or product is required to be reported under section 12 or 95 of the Customs Act a copy of their permit or the Minister’s written confirmation of their consumption allowance.
Marginal note:Substances in transit — information to be provided
(4) Every person who ships a substance into or out of Canada for the purpose of transit must 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 the acknowledgement of their notice of shipment in transit referred to in subsection 67(2).
Record Keeping
Marginal note:Export, import or manufacture
75 (1) Every person who exports, imports or manufactures a substance must
(a) maintain records containing the information and documents required by Schedule 7; and
(b) keep the records at their principal place of business in Canada for a period of five years after the records are made.
Marginal note:Use or sale
(2) If a substance was manufactured or imported for a use set out in column 3 of Table 1, 2 or 3 of Schedule 1, every person who uses or sells that substance for that use must
(a) maintain records containing the information and documents required by Schedule 7; and
(b) keep the records at their principal place of business in Canada for a period of five years after the records are made.
Marginal note:Where records may be kept
(3) The records may be kept at any place in Canada other than the principal place of business if the person notifies the Minister in writing of the civic address of the place where the records are kept.
Marginal note:Submission of information
(4) The person must, on written request by the Minister, submit to the Minister the information and documents required by Schedule 7.
Transitional Provision
Marginal note:Permits granted under Ozone-Depleting Substances Regulations, 1998
76 A substance or a product containing or designed to contain a substance, if the substance or product is exported, imported, manufactured or used under a permit or authorization issued under the Ozone-Depleting Substances Regulations, 1998, is deemed to be exported, imported, manufactured or used under a permit or authorization issued under these Regulations.
Repeal
77 [Repeal]
Coming into Force
Marginal note:Six months after publication
Footnote *78 These Regulations come into force six months after the day on which they are published in the Canada Gazette, Part II.
Return to footnote *[Note: Regulations in force December 30, 2016.]
SCHEDULE 1(Paragraph 3(a), section 5, paragraph 6(1)(c), section 8, subsection 9(1), section 10, paragraph 11(1)(b), subsection 13(1), sections 14 to 18, subsection 19(1), paragraphs 19(2)(b), 22(c), 24(b) and 32(b), sections 33, 35 and 36, paragraph 37(1)(b), section 41, subsections 42(1) and 43(1), sections 44, 45 and 49, subsection 50(1), sections 51 and 52, subsections 53(1), 54(1), 55(1), 56(2), 60(1) and 61(2), sections 63, 64 and 64.2, subsections 64.4(1) and (3) and 64.5(1), sections 65 and 65.02, subsection 65.03(1), section 65.05 and subsections 65.06(1), 66(1) and 75(2))List of Substances and Data for the Determination of Calculated Levels
TABLE 1
Part 1 Substances
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Substance | Ozone-depleting Potential | Uses |
| 1 | Tetrachloromethane (carbon tetrachloride) | 1.1 |
|
| 2 | 1,1,1-trichloroethane (methyl chloroform), not including 1,1,2-trichloroethane | 0.1 |
|
| 3 | Trichlorofluoromethane (CFC-11) | 1.0 |
|
| 4 | Dichlorodifluoromethane (CFC-12) | 1.0 |
|
| 5 | Trichlorotrifluoroethane (CFC-113) | 0.8 |
|
| 6 | Dichlorotetrafluoroethane (CFC-114) | 1.0 |
|
| 7 | Chloropentafluoroethane (CFC-115) | 0.6 |
|
| 8 | CFCs other than those set out in items 3 to 7 | 1.0 |
|
| 9 | Bromochlorodifluoromethane (Halon 1211) | 3.0 |
|
| 10 | Bromotrifluoromethane (Halon 1301) | 10.0 |
|
| 11 | Dibromotetrafluoroethane (Halon 2402) | 6.0 |
|
| 12 | Bromofluorocarbons other than those set out in items 9 to 11 | N/A |
|
| 13 | HBFCs | The ozone-depleting potential of each HBFC is the value indicated for it in Annex C of the Protocol or, if a range of values is indicated, the highest value in the range. |
|
| 14 | Bromochloromethane (Halon 1011) | 0.12 |
|
TABLE 2
Part 2 Substance
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Substance | Ozone-depleting Potential | Uses |
| 1 | Methyl bromide | 0.6 |
|
TABLE 3
Part 3 Substances
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Substance | Ozone-depleting Potential | Uses |
| 1 | HCFCs: |
| |
| 0.04 | ||
| 0.055 | ||
| 0.02 | ||
| 0.04 | ||
| 0.08 | ||
| 0.02 | ||
| 0.06 | ||
| 0.06 | ||
| 0.022 | ||
| 0.04 | ||
| 0.05 | ||
| 0.05 | ||
| 0.06 | ||
| 0.07 | ||
| 0.11 | ||
| 0.07 | ||
| 0.065 | ||
| 0.005 | ||
| 0.07 | ||
| 0.09 | ||
| 0.08 | ||
| 0.09 | ||
| 0.07 | ||
| 0.025 | ||
| 0.033 | ||
| 0.10 | ||
| 0.09 | ||
| 0.10 | ||
| 0.23 | ||
| 0.28 | ||
| 0.52 | ||
| 0.09 | ||
| 0.13 | ||
| 0.12 | ||
| 0.14 | ||
| 0.01 | ||
| 0.04 | ||
| 0.03 | ||
| 0.02 | ||
| 0.02 | ||
| 0.03 |
TABLE 4
Part 4 Substances
| Column 1 | Column 2 | |
|---|---|---|
| Item | Substances | Global Warming Potential (GWP) |
| 1 | HFCs: | |
| 14 800 | |
| 675 | |
| 92 | |
| 3 500 | |
| 1 100 | |
| 1 430 | |
| 353 | |
| 4 470 | |
| 53 | |
| 124 | |
| 3 220 | |
| 1 340 | |
| 1 370 | |
| 9 810 | |
| 693 | |
| 1 030 | |
| 794 | |
| 1 640 |
- SOR/2017-216, ss. 14, 15
SCHEDULE 1.1(Subsections 64.4(1) and (2) and 65.02(1))
Products Containing or Designed to Contain an HFC Used as a Refrigerant
| Column 1 | Column 2 | Column 3 | Column 4 | |
|---|---|---|---|---|
| Item | Product | Use | Date | Global Warming Potential (GWP) Limit of Refrigerant Used in Product |
| 1 | Stand-alone medium-temperature refrigeration system: self-contained refrigeration system with components that are integrated within its structure and that is designed to maintain an internal temperature ≥ 0°C |
| January 1, 2020 | 1 400 |
| January 1, 2025 | 150 | ||
| 2 | Stand-alone low-temperature refrigeration system: self-contained refrigeration system with components that are integrated within its structure and that is designed to maintain an internal temperature < 0°C but not < -50°C |
| January 1, 2020 | 1 500 |
| January 1, 2025 | 150 | ||
| 3 | Centralized refrigeration system: refrigeration system with a cooling evaporator in the refrigerated space connected to a compressor rack located in a machinery room and to a condenser located outdoors, and that is designed to maintain an internal temperature at ≥ -50°C | Commercial or industrial | January 1, 2020 | 2 200 |
| 4 | condensing unit: refrigeration system with at a cooling evaporator in the refrigerated space connected to a compressor and condenser unit that are located in a different location, and that is designed to maintain an internal temperature at ≥ -50°C | Commercial or industrial | January 1, 2020 | 2 200 |
| 5 | chiller: refrigeration or air-conditioning system that has a compressor, an evaporator and a secondary coolant, other than an absorption chiller | Commercial or industrial | January 1, 2025 | 750 |
| 6 | mobile refrigeration system: refrigeration system that is normally attached to or installed in, or operates in or with a means of transportation | Commercial or industrial | January 1, 2025 | 2 200 |
- SOR/2017-216, s. 16, err., Vol. 152, No. 11
SCHEDULE 2(Subsection 67(1))Notice of Shipment in Transit — Information Required
1 Information respecting the person providing the notice:
(a) their name, civic and postal addresses, telephone number and, if any, email address and fax number;
(b) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on their behalf; and
(c) if applicable, their business number assigned by the Minister of National Revenue.
2 Information respecting the substance:
(a) its name;
(b) its CAS registry number, if such a number can be assigned;
(c) the quantity in transit;
(d) the estimated date of entry into Canada;
(e) the estimated date of exit from Canada; and
(f) information as to whether it is recovered, recycled or reclaimed.
3 The name, civic and postal addresses, telephone number and, if any, email address and fax number of each carrier of the substance.
4 The name, civic and postal addresses, telephone number and, if any, email address and fax number of the customs broker in Canada.
5 Information respecting the source of the substance:
(a) the country of origin;
(b) the countries through which it has transited;
(c) the port of entry into Canada; and
(d) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the sender.
6 Information respecting the destination of the substance:
(a) the port of exit from Canada;
(b) the country of destination; and
(c) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the recipient.
7 If known at the time the notice is provided, information respecting the storage in Canada of the substance:
(a) the civic address of the location of the storage;
(b) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the person responsible for the storage; and
(c) the expected duration of the storage.
SCHEDULE 3(Subsection 30(2))Application for a Transfer of a Permit To Use Methyl Bromide — Information Required
1 Information respecting the transferor and transferee:
(a) their names, civic and postal addresses, telephone numbers and, if any, email addresses and fax numbers; and
(b) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on the transferor’s or transferee’s behalf.
2 The quantity of methyl bromide to be transferred.
SCHEDULE 4(Subsections 57(3), 59(1), 65.08(3) and 65.1(1))Application for a Transfer of a Consumption Allowance for HCFCs or HFCs and Notice Retiring an Allowance — Information Required
1 Application for a transfer of a consumption allowance:
(a) information respecting the transferor and transferee:
(i) their names, civic and postal addresses, telephone numbers and, if any, email addresses and fax numbers;
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on the transferor’s or transferee’s behalf; and
(iii) if applicable, their business number assigned by the Minister of National Revenue; and
(b) information respecting the transfer:
(i) the portion of the transferor’s unused consumption allowance to be transferred, and
(ii) the quantity of HCFCs or HFCs to be transferred.
2 Notice of retirement of a consumption allowance:
(a) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the person retiring their allowance;
(b) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on their behalf; and
(c) if applicable, the business number assigned by the Minister of National Revenue to the person retiring their allowance.
- SOR/2017-216, ss. 17 to 19
SCHEDULE 5(Section 68)Application for a Permit — Information Required
Exportation
Permit To Export a Substance
1 Application for a permit to export a substance:
(a) information respecting the applicant:
(i) their name, civic and postal addresses, telephone number and, if any, email address and fax number,
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on their behalf, and
(iii) if applicable, their business number assigned by the Minister of National Revenue;
(b) information respecting the substance:
(i) its name,
(ii) its CAS registry number, if such a number can be assigned, and
(iii) the quantity to be exported;
(c) information respecting the source of the substance:
(i) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the manufacturer, and
(ii) if the substance is recovered, recycled or reclaimed, the name of any person who participated in any of these steps, as well as their civic and postal addresses, telephone number and, if any, email address and fax number;
(d) information respecting the destination of the substance:
(i) the importing country,
(ii) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the importer of each shipment, and
(iii) evidence that the exportation complies with the laws of the importing Party;
(e) information respecting the purpose of the exportation of the substance, if applicable:
(i) if it is exported for its destruction, the name and civic and postal addresses of the destruction facility as well as the technology used,
(ii) if it is exported for its disposal, evidence that it was imported by mistake,
(iii) if it is exported for one of the uses set out in column 3 of Table 1, 2 or 3 of Schedule 1, the intended use and, if known at the time of the application, the name, civic and postal addresses, telephone number and, if any, email address and fax number of the user and the quantity that will be sold, and
(iv) if it is a substance that is recovered, recycled or reclaimed and that is exported for the purpose of being reclaimed, the name and civic and postal addresses of the reclamation facility as well as the technology used; and
(f) an authorization by the applicant for the release of information to the importing Party.
Permit To Export a Product Containing or Designed To Contain CFCs, Bromofluorocarbons, Bromochlorodifluoromethane, Tetrachloromethane or 1,1,1-Trichloroethane
2 Application for a permit to export a product containing or designed to contain CFCs, bromofluorocarbons, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane:
(a) information respecting the applicant:
(i) their name, civic and postal addresses, telephone number and, if any, email address and fax number,
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on their behalf, and
(iii) if applicable, their business number assigned by the Minister of National Revenue;
(b) information respecting the product:
(i) its name and the substance that it contains,
(ii) the CAS registry number, if such a number can be assigned to the substance that it contains,
(iii) the quantity to be exported, and
(iv) its total capacity and the quantity of substance that it contains;
(c) information respecting the source of the product: the name, civic and postal addresses, telephone number and, if any, email address and fax number of the manufacturer;
(d) information respecting the destination of the product:
(i) the importing country,
(ii) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the importer of each shipment, and
(e) a certification confirming that the exportation complies with the laws of the importing Party; and
(f) an authorization by the applicant for the release of information to the importing Party.
Importation
Permit To Import a Substance
3 Application for a permit to import a substance:
(a) information respecting the applicant:
(i) their name, civic and postal addresses, telephone number and, if any, email address and fax number,
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on their behalf, and
(iii) if applicable, their business number assigned by the Minister of National Revenue;
(b) information respecting the substance:
(i) its name,
(ii) its CAS registry number, if such a number can be assigned,
(iii) the quantity to be imported, and
(iv) in the case of methyl bromide, the applicant’s quantity in stock for an emergency use or a critical use before importation;
(c) information respecting the source of the substance:
(i) the exporting country,
(ii) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the exporter of each shipment, and
(iii) if the substance is recovered, recycled or reclaimed, the name of any person who participated in any of these steps, as well as their civic and postal addresses, telephone number and, if any, email address and fax number;
(d) information respecting the purpose of the importation of the substance, if applicable:
(i) if it is imported for its destruction, the name and civic and postal addresses of the destruction facility as well as the technology used,
(ii) if it is imported for one of the uses set out in column 3 of Table 1, 2 or 3 of Schedule 1, the intended use and, if known at the time of the application, the name, civic and postal addresses, telephone number and, if any, email address and fax number of the user and the quantity that will be sold, and
(iii) if it is a substance that is recovered, recycled or reclaimed and that is imported for the purpose of being reclaimed, the name and civic and postal addresses of the reclamation facility as well as the technology used;
(e) the applicant’s declaration that the substance will be used or sold for the use for which it was imported if applicable; and
(f) an authorization by the applicant for the release of information to the exporting Party.
Manufacture
4 Application for a permit to manufacture an HCFC or an HFC:
(a) information respecting the applicant:
(i) their name, civic and postal addresses, telephone number and, if any, email address and fax number,
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on their behalf, and
(iii) their business number assigned by the Minister of National Revenue, if applicable;
(b) information respecting the substance:
(i) its name,
(ii) its CAS registry number, if such a number can be assigned,
(iii) the quantity to be manufactured, and
(iv) the use for which it is manufactured;
(c) information respecting the purchaser of the substance:
(i) their name, civic and postal addresses, telephone number and, if any, email address and fax number in Canada, and
(ii) the quantity sold to each purchaser in Canada; and
(d) if it is an HCFC, the manufacturer’s declaration that it will be used or sold for the use for which it was manufactured.
Use of Methyl Bromide
5 Application for a permit to use methyl bromide for an emergency use or a critical use:
(a) information respecting the applicant:
(i) their name, civic and postal addresses, telephone number and, if any, email address and fax number,
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on their behalf, and
(iii) if applicable, their business number assigned by the Minister of National Revenue;
(b) information respecting the methyl bromide:
(i) information on how the lack of its availability for the use would result in a significant market disruption,
(ii) any alternatives to its use and the reasons they are not technically, economically or otherwise feasible,
(iii) the steps taken to minimize its use,
(iv) the steps taken to minimize its emissions,
(v) information that explains the research undertaken to find alternatives or to minimize its use or emissions,
(vi) the quantities that are in stock,
(vii) the quantity necessary for an emergency use or the annual quantity necessary for a critical use, and
(viii) the civic address of the location where it will be used.
Essential Purpose
6 Additional information in the case of an application for a permit respecting a substance, or a product containing or designed to contain such a substance, that is to be used for an essential purpose:
(a) information respecting the applicant:
(i) their name, civic and postal addresses, telephone number and, if any, email address and fax number,
(ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on their behalf, and
(iii) if applicable, their business number assigned by the Minister of National Revenue;
(b) information respecting the substance or the product:
(i) the name of the substance or the product,
(ii) the CAS registry number of the substance, if such a number can be assigned,
(iii) the quantity to be manufactured, used, sold, imported or exported, and
(iv) the use for which the substance or the product is required and information on how the intended use meets the definition of essential purpose in subsection 66(2); and
(c) information respecting the source and the destination of the substance or the product:
(i) the importing country,
(ii) the exporting country, and
(iii) the country in which the substance or the product was manufactured.
- SOR/2017-216, s. 20(E)
SCHEDULE 6(Section 72)Annual Report — Information Required
1 Information respecting the person submitting the report:
(a) their name, civic and postal addresses, telephone number and, if any, email address and fax number;
(b) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on their behalf; and
(c) if applicable, their business number assigned by the Minister of National Revenue.
2 Information respecting the substance or the product containing or designed to contain the substance:
(a) the quantity manufactured, destroyed, used as feedstock, imported or exported;
(b) the quantity in stock;
(c) the classification and formulation of the substance;
(d) the CAS registry number of the substance, if such a number can be assigned;
(e) the use of the substance; and
(f) information as to whether the substance is recovered, recycled or reclaimed.
3 The consumption allowance granted for HCFCs.
4 The manufacturing allowance granted for HCFCs.
5 Information respecting the reclamation or destruction facility:
(a) its name, civic and postal addresses; and
(b) the technology used.
6 The name and civic and postal addresses of the facility where the substance is used as feedstock.
7 Information respecting the exportation or importation of the substance or the product containing or designed to contain the substance:
(a) the importing country or the destination of each shipment in Canada;
(b) the date of importation or exportation and the transaction number of customs documents; and
(c) the Harmonized Commodity Description and Coding System classification number for the substance, as set out in the Customs Tariff.
8 Information respecting the recipient of the substance or of the product containing or designed to contain the substance:
(a) their name and civic and postal addresses; and
(b) the quantity that is sold to the recipient.
9 Information respecting the methyl bromide:
(a) the quantity used for an emergency use or a critical use; and
(b) a declaration by the fumigator specifying the quantity, the civic address of the location of use and the date of each application for the holder of the emergency use or the critical use permit for methyl bromide.
SCHEDULE 7(Paragraphs 75(1)(a) and (2)(a) and subsection 75(4))Information and Documents To Be Maintained
Exportation
1 Dated records of
(a) the quantity of each substance exported in each shipment, expressed in kilograms and as a calculated level, and information as to whether it is a recovered, recycled or reclaimed substance;
(b) if the substance is sent for destruction, the name, civic and postal addresses, telephone number and, if any, email address and fax number of the carrier;
(c) the CAS registry number of the substance, if such a number can be assigned;
(d) the port of exit through which the substance was exported;
(e) the importing Party and the name and civic address of the recipient;
(f) if applicable, the business number assigned by the Minister of National Revenue to the person who is exporting; and
(g) the Harmonized Commodity Description and Coding System classification number for the substance, as set out in the Customs Tariff.
2 Copies of the bill of lading, the invoice and all documents submitted to the Canada Border Services Agency for each shipment of the substance.
Importation
3 Dated records of
(a) the quantity of each substance imported in each shipment, expressed in kilograms and as a calculated level, and information as to whether it is a recovered, recycled or reclaimed substance;
(b) if the substance is sent for destruction, the name, civic and postal addresses, telephone number and, if any, email address and fax number of the carrier;
(c) the CAS registry number of the substance, if such a number can be assigned;
(d) if the substance is shipped to a recipient in Canada, the quantity of each substance shipped, expressed in kilograms and as a calculated level, and the name, civic and postal addresses, telephone number and, if any, email address and fax number of the recipient of each shipment;
(e) when the substance is recovered, recycled or reclaimed, the country of origin of the substance, and the name and civic address of the recovering, recycling or reclamation facility;
(f) the port of entry through which the substance was imported;
(g) the exporting Party and the name and civic address of the sender;
(h) if applicable, the business number assigned by the Minister of National Revenue to the person who is importing; and
(i) the Harmonized Commodity Description and Coding System classification number for the substance, as set out in the Customs Tariff.
4 Copies of the bill of lading, the invoice and all documents submitted to the Canada Border Services Agency for each shipment of the substance.
Manufacture
5 Dated records of
(a) the quantity of each substance manufactured at each manufacturing plant, expressed in kilograms and as a calculated level;
(b) the CAS registry number of the substance, if such a number can be assigned;
(c) the quantity, expressed in kilograms and as a calculated level, of each substance used as feedstock;
(d) the quantity, expressed in kilograms and as a calculated level, of each substance shipped from each manufacturing plant, and the name and civic address of the recipient of each shipment;
(e) the quantity, expressed in kilograms and as a calculated level, of each substance recovered for reclamation at each manufacturing plant, the name and civic address of the individual or business from which the substance is recovered and, if different, the name and civic address of the site from which the substance is recovered; and
(f) if the substance is sent for destruction, the name, civic and postal addresses, telephone number and, if any, email address and fax number of the carrier.
Use and Sale
6 Dated records of
(a) the quantity of each substance that was purchased from Canadian suppliers, expressed in kilograms and as a calculated level, and the names and civic addresses of the Canadian suppliers;
(b) the CAS registry number of the substance, if such a number can be assigned;
(c) the quantity, expressed in kilograms and as a calculated level, of each substance that was used, and a description of its use;
(d) the quantity, expressed in kilograms and as a calculated level, of each substance that was sold for one of the uses set out in column 3 of Table 1, 2 or 3 of Schedule 1 and the names and civic addresses of the purchasers; and
(e) if the substance is sold for destruction, the name, civic and postal addresses, telephone number and, if any, email address and fax number of the purchaser and the carrier.
- Date modified: