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

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.

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.