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Ozone-depleting Substances and Halocarbon Alternatives Regulations (SOR/2016-137)

Regulations are current to 2024-02-06 and last amended on 2020-08-23. Previous Versions

PART 1CFCs, Bromofluorocarbons, Bromochlorodifluoromethane, Tetrachloromethane, 1,1,1-Trichloroethane, HBFCs and Bromochloromethane (continued)

Manufacture, Use and Sale of a Substance or a Product (continued)

Marginal note:Substance no longer needed

 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

  •  (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

 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

 It is prohibited for any person to export methyl bromide without a permit issued under these Regulations.

Marginal note:Purpose of exporting

 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

 It is prohibited for any person to import methyl bromide without a permit issued under these Regulations.

Marginal note:Purpose of importing

 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

 It is prohibited for any person to manufacture methyl bromide.

Marginal note:Prohibition — using or selling methyl bromide

 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

 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

 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

  •  (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

  •  (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

  •  (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

 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

 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

  •  (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

 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

 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

  •  (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

  •  (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

 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

 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

 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

  •  (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

  •  (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

 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

 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

  •  (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.

 

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