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

Regulations are current to 2020-09-09 and last amended on 2020-08-23. Previous Versions

PART 4HFCs (continued)

Importing Products Containing HFCs (continued)

Marginal note:Plastic foam or rigid foam product

  •  (1) As of January 1, 2021, it is prohibited for any person to import a plastic foam or a rigid foam product in which an HFC set out in Table 4 of Schedule 1 is used as a foaming agent if the global warming potential of the foaming agent is greater than 150.

  • Marginal note:Exception — personal effect

    (2) Subsection (1) does not apply to a person’s personal effect that contains a plastic foam or a rigid foam product.

  • Marginal note:Exception — military, space or aeronautical applications

    (3) Subsection (1) does not apply to a plastic foam or a rigid foam product that is intended to be used for military, space or aeronautical applications.

  • SOR/2017-216, s. 11

Marginal note:Pressurized containers — 2 kg or less of HFC used as propellant

  •  (1) As of January 1, 2019, it is prohibited for any person to import a pressurized container that contains 2 kg or less of an HFC when the HFC is used as a propellant if the global warming potential of that HFC is greater than 150.

  • Marginal note:Exceptions — miscellaneous products

    (2) Subsection (1) does not apply to a pressurized container that contains

    • (a) a mould release agent or mould cleaning agent;

    • (b) a spinneret lubricant or cleaning agent used in the manufacture of synthetic fibers;

    • (c) a document preservation agent;

    • (d) a lubricant, cleaning agent, freezing agent or corrosion prevention agent used for electrical equipment or electronic components;

    • (e) a duster agent used on photographic negatives and semiconductor chips;

    • (f) a lubricant, cleaning agent or corrosion prevention agent used for aircraft maintenance;

    • (g) a pesticide used near electrical wires or in aircraft or a certified organic-use pesticide;

    • (h) a stench gas used in mines; or

    • (i) a cooling agent used for testing electronics and electro-mechanical systems.

  • Marginal note:Exception — health care products and laboratory or analytical use

    (3) Subsection (1) does not apply to a pressurized container that contains a product that is intended

    • (a) for use in animal or human health care, including a bronchial dilator, inhalable steroid, topical anaesthetic, bandage adhesive remover and veterinary wound powder spray; or

    • (b) for a laboratory or analytical use.

  • SOR/2017-216, s. 11

Manufacture of HFCs

Marginal note:Prohibition — manufacture of HFCs without permit

 It is prohibited for any person to manufacture an HFC set out in Table 4 of Schedule 1 without a permit issued under these Regulations.

  • SOR/2017-216, s. 11

Marginal note:Purpose of manufacture

 The permit may only be issued to manufacture an HFC to be used as feedstock.

  • SOR/2017-216, s. 11

Marginal note:Prohibition — manufacturing products containing HFCs used as refrigerants

  •  (1) As of the date indicated in column 3 of Schedule 1.1, it is prohibited for any person to manufacture any product set out in that Schedule that contains or is designed to contain an HFC set out in Table 4 of Schedule 1 and used as a refrigerant if the global warming potential of the refrigerant used in that product is greater than the limit specified in Schedule 1.1.

  • Marginal note:Automobiles — 2021 and subsequent model years

    (2) Beginning with the 2021 model year, it is prohibited for any person to manufacture an automobile equipped with an air-conditioning system that contains or is designed to contain an HFC that is set out in Table 4 of Schedule 1 and is to be used as a refrigerant if the global warming potential of the refrigerant used in that system is greater than 150, unless it is intended to be exported.

  • SOR/2017-216, s. 11

Marginal note:Plastic foam or rigid foam product

  •  (1) As of January 1, 2021, it is prohibited for any person to manufacture a plastic foam or a rigid foam product in which an HFC set out in Table 4 of Schedule 1 is used as a foaming agent if the global warming potential of the foaming agent is greater than 150.

  • Marginal note:Exception — military, space or aeronautic applications

    (2) Subsection (1) does not apply to a plastic foam or a rigid foam product that is intented to be used for military, space or aeronautical applications.

  • SOR/2017-216, s. 11

Marginal note:Pressurized containers — 2 kg or less of an HFC used as propellant

  •  (1) As of January 1, 2019, it is prohibited for any person to manufacture a pressurized container that contains 2 kg or less of an HFC when the HFC is used as a propellant if the global warming potential of that HFC is greater than 150.

  • Marginal note:Exception — miscellaneous products

    (2) Subsection (1) does not apply to the pressurized containers referred to in subsections 64.6(2) and (3).

  • SOR/2017-216, s. 11

Destruction of HFCs

Marginal note:HFC no longer needed

 A person in possession of an HFC set out in Table 4 of Schedule 1 that was imported or manufactured 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);

  • (b) ensure that it is exported for destruction, for use as feedstock or for a laboratory or analytical use; or

  • (c) in the case of a recovered, recycled or reclaimed HFC, ensure that it is sent to a recycling or reclamation facility.

  • SOR/2017-216, s. 11

Consumption Allowance for HFCs

Marginal note:Calculation of consumption allowance for HFCs

  •  (1) The annual consumption allowance for an HFC set out in Table 4 of Schedule 1 to which a person is entitled is determined as follows:

    • (a) for each calendar year that falls within the period that begins on January 1, 2019 and ends on December 31, 2023, by multiplying the base consumption granted to that person by 90%;

    • (b) for each calendar year that falls within the period that begins on January 1, 2024 and ends on December 31, 2028, by multiplying the base consumption granted to that person by 60%;

    • (c) for each calendar year that falls within the period that begins on January 1, 2029 and ends on December 31, 2033, by multiplying the base consumption granted to that person by 30%;

    • (d) for each calendar year that falls within the period that begins on January 1, 2034 and ends on December 31, 2035, by multiplying the base consumption granted to that person by 20%; and

    • (e) as of January 1, 2036, by multiplying the base consumption granted to that person by 15%.

  • Marginal note:Calculation of base consumption

    (2) The base consumption granted to a person is determined as follows:

    C/D × E

    where

    C
    is the person’s average HFC consumption for 2014 and 2015, expressed in tonnes of CO2 equivalent;
    D
    is the average Canadian HFC consumption for 2014 and 2015, expressed in tonnes of CO2 equivalent; and
    E
    is 18 008 795 tonnes of CO2 equivalent.
  • Marginal note:Permanent or temporary transfer

    (3) If a transfer of a portion of the consumption allowance is approved in accordance with subsection 65.08(4), the transferred portion is subtracted from or added to the person’s annual consumption allowance, as the case may be,

    • (a) in the case of a permanent transfer, for every calendar year following the year of the transfer; and

    • (b) in the case of a temporary transfer, for the calendar year of the transfer.

  • Marginal note:Written notice

    (4) The Minister must inform the person in writing of their consumption allowance.

  • SOR/2017-216, s. 11
  • SOR/2020-177, s. 3
 
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