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

Regulations are current to 2022-01-12 and last amended on 2020-08-23. Previous Versions

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;

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;

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

 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

 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

 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

 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

 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

  •  (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)

 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

 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

  •  (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

 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

  •  (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

 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

  •  (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

 It is prohibited for any person to manufacture a substance set out in Table 1 of Schedule 1.

Marginal note:Prohibition — manufacturing product

 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

 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

 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.

 
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