Federal Halocarbon Regulations, 2003
SOR/2003-289
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2003-08-13
Federal Halocarbon Regulations, 2003
P.C. 2003-1203 2003-08-13
Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999Footnote a, the Minister of the Environment published in the Canada Gazette, Part I, on December 7, 2002, a copy of the proposed Regulations under the title Federal Halocarbon Regulations, 2002, substantially in the form set out in the annexed Regulations, and persons were given an opportunity to file comments with respect to the Regulations or a notice of objection requesting that a board of review be established and stating the reasons for the objection;
Return to footnote aS.C. 1999, c. 33
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 209(1) of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Federal Halocarbon Regulations, 2003.
Interpretation
1 The definitions in this section apply in these Regulations.
- Act
Act means the Canadian Environmental Protection Act, 1999. (Loi)
- air-conditioning system
air-conditioning system means an air-conditioning system, including any associated equipment, that contains or is designed to contain a halocarbon refrigerant. (système de climatisation)
- bromofluorocarbon
bromofluorocarbon means a fully halogenated bromofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom of bromine and one atom of fluorine. (bromofluorocarbure)
- certificate
certificate means a certificate recognized by three or more provinces, or by the province in which the work of the service technician who holds the certificate is being done, indicating successful completion of an environmental awareness course in recycling, recovery and handling procedures in respect of halocarbon refrigerants as outlined in the Refrigerant Code of Practice. (certificat)
- certified person
certified person, in respect of a refrigeration system or an air-conditioning system, means a service technician who holds a certificate. (personne accréditée)
- charging
charging means to add a halocarbon to a system. (charger)
- chiller
chiller means an air-conditioning system or refrigeration system that has a compressor, an evaporator and a secondary refrigerant. (refroidisseur)
- chlorofluorocarbon
chlorofluorocarbon means a fully halogenated chlorofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom of chlorine and one atom of fluorine. (chlorofluorocarbure)
- fire-extinguishing system
fire-extinguishing system means fire-extinguishing equipment, including portable or fixed equipment and any associated equipment, that contains or is designed to contain a halocarbon fire-extinguishing agent. (système d’extinction d’incendie)
- halocarbon
halocarbon means a substance set out in Schedule 1, whether existing alone or in a mixture, and includes isomers of any such substance. (halocarbure)
- hydrobromofluorocarbon
hydrobromofluorocarbon means a hydrobromofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom of hydrogen, one atom of bromine and one atom of fluorine. (hydrobromofluorocarbure)
- hydrochlorofluorocarbon
hydrochlorofluorocarbon means a hydrochlorofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom of hydrogen, one atom of chlorine and one atom of fluorine. (hydrochlorofluorocarbure)
- hydrofluorocarbon
hydrofluorocarbon means a hydrofluorocarbon each molecule of which contains only carbon, hydrogen and fluorine atoms. (hydrofluorocarbure)
- installation
installation does not include the reactivation of a system by the same owner at the same site. (installation)
- leak
leak means a release of a halocarbon from a system. (fuite)
- military vehicle
military vehicle means a vehicle that is designed to be used in combat, or in a combat support role, but does not include an administrative vehicle. (véhicule militaire)
- owner
owner means to hold a right in or to have possession, control or custody of, to be responsible for the maintenance, operation or management of, or to have the power to dispose of, a system. (propriétaire)
- perfluorocarbon
perfluorocarbon means a fully fluorinated fluorocarbon each molecule of which contains only carbon and fluorine atoms. (perfluorocarbure)
- portable fire extinguisher
portable fire extinguisher means a cylinder or cartridge containing a halocarbon that is used for extinguishing fires, that has a charging capacity of 25 kg or less and that can be carried or wheeled to the site of a fire. (extincteur portatif)
- purge system
purge system means a purge unit on a refrigeration system or an air-conditioning system, including any associated recovery equipment. (système à vidange)
- reclamation
reclamation, in respect of a halocarbon, means the recovery, re-processing and upgrading through processes such as filtering, drying, distilling and treating chemically in order to restore the halocarbon to industry-accepted reuse standards. (régénération)
- recovery
recovery, in respect of a halocarbon, means
(a) collection after it has been used; or
(b) collection from machinery, equipment, a system or a container during servicing or before dismantling, decommissioning or destruction of the machinery, equipment, system or container. (récupération)
- recycling
recycling, in respect of a halocarbon, means recovery and, if needed, cleaning by a process such as filtering or drying, and re-using to charge a system. (recyclage)
- Refrigerant Code of Practice
Refrigerant Code of Practice means the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air-Conditioning Systems, published by the Department of the Environment in March, 1996, as amended from time to time. (Code de pratique en réfrigération)
- refrigeration system
refrigeration system means a refrigeration system, including any associated equipment, that contains or is designed to contain a halocarbon refrigerant. (système de réfrigération)
- service
service includes any modification, charging, maintenance, repair, moving, dismantling, decommissioning, destruction, start-up and testing of a system, but does not include testing related to the manufacture and production of the system. (entretien)
- ship
ship has the same meaning as in subsection 122(1) of the Act. (navire)
- small air-conditioning system
small air-conditioning system means an air-conditioning system that is not contained in a motor vehicle and that has a refrigeration capacity of less than 19 kW as rated by the manufacturer. (petit système de climatisation)
- small refrigeration system
small refrigeration system means a refrigeration system, other than one that normally operates in, on or in conjunction with a means of transportation, that has a refrigeration capacity of less than 19 kW as rated by the manufacturer. (petit système de réfrigération)
- solvent system
solvent system means an application or system that uses halocarbons as solvents, including cleaning applications and associated equipment containing or designed to contain a halocarbon solvent. It does not include those applications or systems that use halocarbons as laboratory analytical standards or laboratory reagents or in a process in which they are converted to another substance or are generated but ultimately converted to a different substance. (système de solvants)
- system
system, unless the context requires otherwise, means an air-conditioning system, a fire-extinguishing system, a refrigeration system or a solvent system. (système)
Application
2 (1) These Regulations apply in respect of systems located in Canada that are
(a) owned by Her Majesty in right of Canada, a board or an agency of the Government of Canada, a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or a federal work or undertaking; or
(b) located on aboriginal lands or federal lands.
(2) These Regulations do not apply to foam products.
Prohibitions
3 No person shall release, or allow or cause the release of, a halocarbon that is contained in
(a) a refrigeration system or an air-conditioning system, or any associated container or device, unless the release results from a purge system that emits less than 0.1 kg of halocarbons per kilogram of air purged to the environment;
(b) a fire-extinguishing system or any associated container or device, except to fight a fire that is not set for training purposes, or unless the release occurs during the recovery of halocarbons under section 7; or
(c) a container or equipment used in the reuse, recycling, reclamation or storage of a halocarbon.
4 (1) No person shall install a system that operates or is intended to operate with a halocarbon listed in any of items 1 to 9 of Schedule 1 unless authorized to do so by a permit issued under these Regulations.
(2) Effective January 1, 2005, no person shall install a solvent system that operates or is intended to operate with a halocarbon listed in item 11 or 12 of Schedule 1 unless authorized to do so by a permit issued under these Regulations.
5 (1) No person shall use a halocarbon listed in any of items 1 to 9 of Schedule 1 as a solvent in a solvent system.
(2) Effective January 1, 2005, no person shall use a halocarbon listed in item 11 or 12 of Schedule 1 as a solvent in a solvent system unless authorized to do so by a permit issued under these Regulations.
6 (1) No person shall store, transport or purchase a halocarbon unless it is in a container designed and manufactured to be refilled and to contain that specific type of halocarbon.
(2) Subsection (1) does not apply in respect of halocarbons used as laboratory analytical standards or laboratory reagents.
Recovery
7 (1) Subject to subsection (2), a person that installs, services, leak tests or charges a refrigeration system, an air-conditioning system or a fire-extinguishing system, or that does any other work on any of those systems that may result in the release of a halocarbon, shall recover, into a container designed and manufactured to be refilled and to contain that specific type of halocarbon, any halocarbon that would otherwise be released during those procedures.
(2) A person that recovers halocarbons from a fire-extinguishing system shall use recovery equipment with a transfer efficiency of at least 99% as referred to in the publication ULC/ORD-C1058.5-1993, of the Underwriters’ Laboratories of Canada, entitled Halon Recovery and Reconditioning Equipment.
(3) The reference to the publication in subsection (2) shall be read as excluding its preface.
8 (1) Before dismantling, decommissioning or destroying any system, a person shall recover all halocarbons contained in the system into a container designed and manufactured to be refilled and to contain that specific type of halocarbon.
(2) Before dismantling, decommissioning or destroying a system, a person shall affix a notice to the system containing the information set out in column 3 item 1 of Schedule 2.
(3) No person shall remove a notice referred to in subsection (2) except to replace it with another such notice.
(4) In case of the dismantling, decommissioning or destruction of any system, the owner shall keep a record of the information contained in the notice referred to in subsection (2).
Installation, Servicing, Leak Testing and Charging
Refrigeration Systems and Air-Conditioning Systems
9 (1) Only a certified person may install, service, leak test or charge a refrigeration system or an air-conditioning system or do any other work on the system that may result in the release of a halocarbon.
(2) A person who does any of the work referred to in subsection (1) shall do so in accordance with the Refrigerant Code of Practice.
(3) No person shall charge a refrigeration system or an air-conditioning system with a halocarbon listed in any of items 1 to 9 of Schedule 1 for the purpose of leak testing the system, except when recommended in the Refrigerant Code of Practice.
10 (1) A certified person who conducts a leak test on a refrigeration system or an air-conditioning system shall affix a notice to the system containing the information set out in column 3 of item 2 of Schedule 2.
(2) No person shall remove a notice referred to in subsection (1) except to replace it with another such notice.
(3) The owner shall keep a record of the information contained in the notice referred to in subsection (1).
11 (1) The owner shall conduct a leak test, at least once every 12 months, of all of the components of a refrigeration system or an air-conditioning system that come into contact with a halocarbon.
(2) Subsection (1) does not apply to small refrigeration systems or small air-conditioning systems, or to air-conditioning systems that are designed for occupants in motor vehicles.
12 Subject to section 14, no person shall charge a refrigeration system or an air-conditioning system unless, before charging it,
(a) a certified person leak-tests the system; and
(b) if a leak is detected, the certified person notifies the owner and the owner repairs the leak.
13 As soon as possible after a leak from a refrigeration system or an air-conditioning system is detected, and in any case within seven days after the day on which the leak is detected, the owner of the system shall
(a) repair the leak;
(b) isolate the leaking portion of the system and recover the halocarbon from that portion; or
(c) recover the halocarbon from the system.
14 (1) If a leak is detected from a refrigeration system or an air-conditioning system and it is necessary to charge the system to prevent an immediate danger to human life or health, section 12 does not apply to the system during the period in which the danger persists, up to a maximum of seven days after the day on which the leak is detected.
(2) If a refrigeration system or an air-conditioning system is charged under the circumstances described in subsection (1),
(a) the person who charged the system shall immediately notify its owner of the charge; and
(b) the owner shall, within seven days after receiving notice under paragraph (a), submit a written record to the Minister describing
(i) the nature of the immediate danger to human life or health and the circumstances that justify charging the system in order to prevent the danger,
(ii) the amount of halocarbon charged to the system, and
(iii) the date of repair of the leak or recovery of the remaining halocarbon from the system.
15 No person shall charge an air-conditioning system that is designed for occupants in motor vehicles with a halocarbon listed in any of items 1 to 9 of Schedule 1.
16 Effective 90 days after the coming into force of these Regulations, no person shall charge a refrigeration system that is installed in, attached to, or that normally operates in, on or in conjunction with a means of transportation, other than a chiller or a refrigeration system for use on a military ship, with a halocarbon listed in any of items 1 to 9 of Schedule 1.
17 Effective January 1, 2005, no person shall charge a system listed below with a halocarbon listed in any of items 1 to 9 of Schedule 1:
(a) a refrigeration system, other than a chiller, a small refrigeration system or a refrigeration system for use on a military ship; and
(b) an air-conditioning system, other than a chiller, a small air-conditioning system or an air-conditioning system for use on a military ship.
18 (1) Subject to subsection (2), effective January 1, 2005, no person shall charge a chiller, other than one for use on a military ship, that has undergone an overhaul that includes the following procedure or repair with a halocarbon listed in any of items 1 to 9 of Schedule 1:
(a) the replacement or modification of an internal sealing device;
(b) the replacement or modification of an internal mechanical part other than
(i) an oil heater,
(ii) an oil pump,
(iii) a float assembly, and
(iv) a vane assembly, in the case of a chiller with a single-stage compressor; or
(c) any procedure or repair that resulted from the failure of an evaporator or a condenser heat-exchanger tube.
(2) From January 1, 2005 to December 31, 2009, an owner of a chiller referred to in subsection (1) may charge the chiller with a halocarbon listed in any of items 1 to 9 of Schedule 1 but no person shall operate that chiller later than one year after the day on which it was charged, unless it no longer contains any halocarbon listed in any of those items.
(3) The owner of a chiller charged under subsection (2) shall provide written notice to the Minister within 14 days after the chiller is charged, which notice shall contain the information set out in column 3 of item 3 of Schedule 2.
19 Effective January 1, 2010, no person shall charge a refrigeration or an air-conditioning system for use on a military ship with a halocarbon listed in any of items 1 to 9 of Schedule 1
20 Effective January 1, 2015, no person shall operate or permit the operation of any chiller that contains a halocarbon listed in any of items 1 to 9 of Schedule 1.
21 No person shall install or operate or permit the operation of a purge system unless it emits less than 0.1 kg of halocarbons per kilogram of air purged to the environment.
Fire-Extinguishing Systems
22 (1) Except in accordance with the standards set out in the publication ULC/ORD-C1058.18-1993, of the Underwriters’ Laboratories of Canada, entitled The Servicing of Halon Extinguishing Systems, no person shall install, service, leak-test or charge a fire-extinguishing system, or do any other work on the system that may result in the release of a halocarbon.
(2) The reference to the publication in subsection (1) shall be read as excluding its preface.
23 No person shall charge a fire-extinguishing system with a halocarbon listed in any of items 1 to 9 of Schedule 1 for the purpose of leak-testing the system.
24 (1) Every owner of a fire-extinguishing system shall leak-test the system at least once every 12 months in accordance with the standards set out in the publication referred to in subsection 22(1).
(2) Subsection (1) does not apply to fire-extinguishing systems whose cylinder or cartridge has a charging capacity of 10 kg or less and that are located in military vehicles, military ships or military aircraft, or to portable fire extinguishers.
25 Subject to section 28, no person shall charge a fire-extinguishing system unless, before charging it,
(a) the system is leak-tested; and
(b) if a leak is detected, the person who conducts the test notifies the owner and the owner repairs the leak.
26 (1) Subject to subsection (2) and section 28, no person shall service a fire-extinguishing system without first
(a) notifying the owner of the intended service; and
(b) affixing a notice to the control panel of the system to indicate that it is out of operation during the period of service.
(2) Paragraph (1)(b) does not apply to portable fire extinguishers.
27 As soon as possible after a leak from a fire-extinguishing system is detected, and in any case within seven days after the day on which the leak is detected, the owner of the system shall
(a) repair the leak;
(b) isolate the leaking portion of the system and recover the halocarbon from that portion; or
(c) recover the halocarbon from the system.
28 (1) If a leak is detected from a fire-extinguishing system and it is necessary to charge the system to prevent an immediate danger to human life or health, sections 25 and 26 do not apply to the system during the period in which the danger persists, up to a maximum of seven days after the day on which the leak is detected.
(2) If a fire-extinguishing system is charged under the circumstances described in subsection (1),
(a) the person who charged the system shall immediately notify its owner of the charge; and
(b) the owner shall, within seven days after receiving notice under paragraph (a), submit a written record to the Minister describing
(i) the nature of the immediate danger to human life or health and the circumstances that justify charging the system in order to prevent the danger,
(ii) the amount of halocarbon charged to the system, and
(iii) the date of repair of the leak or recovery of the remaining halocarbon from the system.
29 No person shall charge a portable fire extinguisher, other than one for use on an aircraft, a military vehicle or a military ship, with a halocarbon listed in any of items 1 to 9 of Schedule 1, unless authorized to do so by a permit issued under these Regulations.
30 (1) Subject to subsection (2), effective January 1, 2005, no person shall charge a fire-extinguishing system, other than a portable fire extinguisher or a fire-extinguishing system for use on an aircraft, a military vehicle or a military ship, with a halocarbon listed in any of items 1 to 9 of Schedule 1, unless authorized to do so by a permit issued under these Regulations.
(2) From January 1, 2005 to December 31, 2009, an owner of a system referred to in subsection (1) may charge the system with a halocarbon listed in any of items 1 to 9 of Schedule 1 but no person shall operate that system later than one year after the day on which the system is charged, unless it no longer contains any halocarbon listed in any of those items.
(3) The owner of a system charged under subsection (2) shall provide written notice to the Minister within 14 days after the system is charged, which notice shall contain the information set out in column 3 of item 4 of Schedule 2.
Service Logs
31 (1) The owner of a refrigeration system, an air-conditioning system or a fire-extinguishing system shall maintain a written record, or a record in an electronic format compatible with that used by the Minister, in which the information set out in column 3 of item 5 or 6, as the case may be, of Schedule 2 is entered whenever the system is installed, serviced, leak-tested or charged or if any other work is done on it that may result in the release of a halocarbon.
(2) The owner of a solvent system shall maintain a written record, or a record in an electronic format compatible with that used by the Minister, in which the information set out in column 3 of item 7 of Schedule 2 is entered whenever the system is charged with more than 10 kg of a halocarbon.
Release Reports
32 In the event of a release of 100 kg or more of a halocarbon from a system, or from a container or equipment used in the reuse, recycling, reclamation or storage of a halocarbon, the owner of the system, container or equipment shall submit the following reports to the Minister, within the periods indicated:
(a) within 24 hours after the release is detected, a verbal or written report, or a report in an electronic format compatible with that used by the Minister, that indicates the name of the owner, the type of halocarbon released and the type of system, container or equipment from which it was released; and
(b) within 14 days after the release is detected, a written report, or a report in an electronic format compatible with that used by the Minister, containing the information set out in column 3 of item 8 of Schedule 2.
33 (1) In the event of a release of more than 10 kg but less than 100 kg of a halocarbon from a system, or from a container or equipment used in the reuse, recycling, reclamation or storage of a halocarbon, the owner of the system, container or equipment shall submit to the Minister a report in written format, or in an electronic format compatible with that used by the Minister, that contains the information set out in column 3 of item 8 of Schedule 2.
(2) The owner shall submit the release report required by subsection (1) twice annually, not later than 30 days after January 1 and July 1.
Permits
34 (1) If no technically and financially feasible alternative to the use of a halocarbon listed in any of items 1 to 9, 11 or 12 of Schedule I, as the case may be, exists that could have a less harmful impact on the environment and on health, an owner shall submit to the Minister an application for a permit on a form that the Minister provides, and that contains the information set out in column 3 of item 9 or 10, as the case may be, of Schedule 2, if the owner proposes to
(a) install a fire-extinguishing system that operates or is intended to operate with a halocarbon listed in any of items 1 to 9 of Schedule 1 as a fire-extinguishing agent;
(b) charge a portable fire extinguisher that is not to be used on an aircraft, military ship or military vehicle with a halocarbon listed in any of items 1 to 9 of Schedule 1; or
(c) effective January 1, 2005
(i) charge a fire-extinguishing system, other than a portable fire-extinguishing system, that is not to be used on an aircraft, military ship or military vehicle with a halocarbon listed in any of items 1 to 9 of Schedule 1,
(ii) install a solvent system that operates or is intended to operate with a halocarbon listed in item 11 or 12 of Schedule 1, or
(iii) use a halocarbon listed in item 11 or 12 of Schedule 1 as a solvent in a solvent system.
(2) Unless the Minister has received notice under subsection 30(3) in respect of the same system, the Minister shall issue the permit in respect of the system, valid for one year beginning on the date of issuance, if the owner, on the form,
(a) declares that no technically and financially feasible alternative to the use of a halocarbon listed in any of items 1 to 9, 11 or 12 of Schedule 1, as the case may be, exists that could have a less harmful impact on the environment and on health; and
(b) provides information in support of the declaration.
35 (1) The Minister may refuse to issue a permit under subsection 34(2) or may cancel a permit issued under that subsection if any false or misleading information has been submitted in support of the application for the permit.
(2) The Minister shall not cancel a permit unless the Minister
(a) has provided the permit holder with written reasons for the cancellation; and
(b) has given the permit holder an opportunity to make representations, either verbally or in writing, in respect of the cancellation.
Logs, Notices, Records and Reports
36 (1) Owners shall keep all logs, notices, records and reports required by these Regulations in Canada for a period of at least five years after the date that they are prepared or submitted, respectively.
(2) Subject to subsections (3) and (4), owners shall keep a copy of all logs, notices, records and reports required by these Regulations with respect to a system at the premises or site at which the system is located.
(3) In the case of a system located on a means of transportation, the owner shall keep a copy of all logs, notices, records and reports required by these Regulations with respect to that system at a single location occupied by the owner.
(4) In the case of a system located on unoccupied premises or an unoccupied site, the owner shall
(a) keep a copy of all logs, notices, records and reports required by these Regulations in respect of that system at a single location that is occupied by the owner;
(b) submit a report containing the information set out in column 3 of item 11 of Schedule 2 to the Minister no later than January 1, 2004; and
(c) submit any change in the information required under paragraph (b) to the Minister within 30 days after the change.
Repeal
37 [Repeal]
Coming into Force
38 These Regulations come into force on the day on which they are registered.
SCHEDULE 1(Sections 1, 4 and 5, subsection 9(3) and sections 15 to 20, 23, 29, 30 and 34)
List of Halocarbons
Item | Halocarbon |
---|---|
1 | Tetrachloromethane (carbon tetrachloride) |
2 | 1,1,1-trichloroethane (methyl chloroform), not including 1,1,2-trichloroethane |
3 | Chlorofluorocarbons (CFC) |
4 | Bromochlorodifluoromethane (Halon 1211) |
5 | Bromotrifluoromethane (Halon 1301) |
6 | Dibromotetrafluoroethane (Halon 2402) |
7 | Bromofluorocarbons other than those set out in items 4 to 6 |
8 | Bromochloromethane (Halon 1011) |
9 | Hydrobromofluorocarbons (HBFC) |
10 | Hydrochlorofluorocarbons (HCFC) |
11 | Hydrofluorocarbons (HFC) |
12 | Perfluorocarbons (PFC) |
SCHEDULE 2(Subsections 8(2), 10(1), 18(3), 30(3), section 31, paragraph 32(b), subsections 33(1) and 34(1) and paragraph 36(4)(b))
Column 1 | Column 2 | Column 3 | |
---|---|---|---|
Item | Provision of Regulations | Type of Document | Information to be Contained on Form |
1 | 8(2) | Dismantling, Decommissioning or Destruction Notice for a System |
|
2 | 10(1) | Leak Test Notice for Refrigeration System and Air-Conditioning System |
|
3 | 18(3) | Notice of Charging of a Chiller that has Undergone an Overhaul with a Halocarbon Listed in any of items 1 to 9 of Schedule 1 |
|
4 | 30(3) | Notice of Charging of a Fire-Extinguishing System with a Halocarbon Listed in Items 1-9 of Schedule 1 |
|
5 | 31(1) | Refrigeration System or Air-Conditioning System Service Log |
|
6 | 31(1) | Fire-Extinguishing System Service Log |
|
7 | 31(2) | Solvent System Service Log |
|
8 | 32(b) and 33(1) | Halocarbon Release Report |
|
9 | 34(1) | Request for a Permit to Install a Fire-Extinguishing System or Solvent System |
|
10 | 34(1) | Request for a Permit to Charge a Fire-Extinguishing System or Solvent System with a Halocarbon Listed in items 1 to 9, 11 or 12, as the case may be, of Schedule I |
|
11 | 36(4)(b) | Report for Systems at Unoccupied Premises or an Unoccupied Site |
|
- Date modified: