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

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.