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

Marginal note:Refilling or servicing — foreign ship

35 Section 33 does not apply to an HCFC set out in Table 3 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.

Importing HCFCs

Marginal note:Prohibition — importing HCFCs without permit

36 It is prohibited for any person to import an HCFC set out in Table 3 of Schedule 1 without a permit issued under these Regulations.

Marginal note:Purpose of importing

• 37 (1) The permit may only be issued to import an HCFC from a Party for one of the following purposes:

  • (a) its destruction; or

  • (b) a use set out in column 3 of Table 3 of Schedule 1.

• Marginal note:Importing — regardless of purpose

  (2) A permit may also be issued to import, regardless of purpose, an HCFC that is recovered, recycled or reclaimed until January 1, 2020 — or until January 1, 2030 in the case of HCFC-123.

Marginal note:Exception — consumption allowance

• 38 (1) Section 36 does not apply to a person who is granted a consumption allowance for an HCFC or a transferee of a consumption allowance for an HCFC that is used or sold as a refrigerant or as a fire-extinguishing agent or that is to be exported.

• Marginal note:Ceases to have effect

  (2) Subsection (1) ceases to have effect on January 1, 2020 in the case of an HCFC and on January 1, 2030 in the case of HCFC-123.

Marginal note:Refillable container

39 Any HCFC that is imported for use as a refrigerant must be stored in a refillable container.

Importing Products Containing HCFCs

Marginal note:Prohibition — importing products containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b

40 It is prohibited for any person to import a product containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b, unless

• (a) the product is a personal or household effect for the person’s personal use; or

• (b) the product will be used in a military ship before January 1, 2017.

Marginal note:Plastic foam

41 It is prohibited for any person to import a plastic foam in which an HCFC set out in Table 3 of Schedule 1 is used as a foaming agent.

Marginal note:Products containing 2 kg or less of HCFCs

• 42 (1) It is prohibited for any person to import a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1.

• Marginal note:Exception — miscellaneous products

  (2) Subsection (1) does not apply to pressurized containers containing

  • (a) a mould release agent used in the manufacture of plastic and elastomeric materials;

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

  • (c) a document preservation agent;

  • (d) a fire-extinguishing agent used in equipment for non-residential applications;

  • (e) a wasp or hornet agent;

  • (f) a rigid foam product;

  • (g) refrigerant 412A (HCFC-22/HCFC-142b/octafluoropropane); or

  • (h) refrigerant 509A (HCFC-22/octafluoropropane).

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

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

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

  • (b) for a laboratory or analytical use.

Marginal note:Prohibition for products containing HCFCs — January 1, 2020

• 43 (1) On or after January 1, 2020, it is prohibited for any person to import a product containing or designed to contain an HCFC set out in Table 3 of Schedule 1.

• Marginal note:Exception — personal or household effects

  (2) Subsection (1) does not apply to a product that is a personal or household effect for the person’s personal use.

Manufacture, Use and Sale of HCFCs

Marginal note:Prohibition — manufacturing of HCFCs without permit

44 It is prohibited for any person to manufacture an HCFC set out in Table 3 of Schedule 1 without a permit issued under these Regulations.

Marginal note:Purpose of the manufacture

45 The permit may only be issued to manufacture an HCFC if the holder of the permit intends to manufacture the HCFC for a use set out in column 3 of Table 3 of Schedule 1.

Marginal note:Exception — manufacturing allowance

• 46 (1) Section 44 does not apply to a person who is granted a manufacturing allowance for an HCFC that is used or sold as a refrigerant or as a fire-extinguishing agent or that is to be exported.

• Marginal note:Ceases to have effect

  (2) Subsection (1) ceases to have effect on January 1, 2020 in the case of an HCFC and on January 1, 2030 in the case of HCFC-123.

Marginal note:Refillable container

47 Any HCFC that is manufactured for use as a refrigerant must be stored in a refillable container.

Marginal note:Prohibition — manufacturing products containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b

48 It is prohibited for any person to manufacture a product containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b.

Marginal note:Plastic foam

49 It is prohibited for any person to manufacture a plastic foam in which an HCFC set out in Table 3 of Schedule 1 is used as a foaming agent.

Marginal note:Products containing 2 kg or less of HCFCs

• 50 (1) It is prohibited for any person to manufacture a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1.

• Marginal note:Exception — miscellaneous products

  (2) Subsection (1) does not apply to the pressurized containers referred to in subsections 42(2) and (3).

Marginal note:Prohibition for products containing HCFCs — January 1, 2020

51 On or after January 1, 2020, it is prohibited for any person to manufacture a product containing or designed to contain an HCFC set out in Table 3 of Schedule 1.

Marginal note:Prohibition — using or selling HCFCs

52 It is prohibited for any person to use or sell an HCFC set out in Table 3 of Schedule 1, unless

• (a) it is sold for destruction;

• (b) it is used or sold as a refrigerant or as a fire-extinguishing agent or is to be exported; or

• (c) it was imported or manufactured under a permit issued under these Regulations and is to be used for one of the uses set out in column 3 of that Table.

Marginal note:Products containing 2 kg or less of HCFCs

• 53 (1) It is prohibited for any person to sell a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1.

• Marginal note:Exception — miscellaneous products

  (2) Subsection (1) does not apply to the pressurized containers referred to in subsections 42(2) and (3).

Destruction of HCFCs

Marginal note:HCFC no longer needed

• 54 (1) A person in possession of an HCFC set out in Table 3 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 a feedstock or for a laboratory or analytical use; or

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

• Marginal note:Exception — consumption or manufacturing allowance

  (2) Any person who is granted a consumption or manufacturing allowance under section 55 or 61 may either comply with subsection (1) or include the quantity of HCFCs that is no longer needed for the use set out in the permit in their calculated level of consumption or manufacture, only if doing so does not result in the allowance being exceeded.

Consumption Allowances for HCFCs

Marginal note:Calculation of consumption allowance

• 55 (1) The annual consumption allowance for an HCFC set out in Table 3 of Schedule 1 for use as a refrigerant or as a fire-extinguishing agent to which each person who was entitled to the allowance under the Ozone-Depleting Substances Regulations, 1998 is entitled is determined as follows:

  • (a) for each calendar year that falls within the period that begins on January 1, 2015 and ends on December 31, 2019, in accordance with the following formula:

    A × B

    where

    A

    is the consumption allowance, expressed in ODP tonnes, that was granted for 2014 for the cooling sector; and

    B

    is 28.57 %; and

  • (b) for each calendar year that falls within the period that begins on January 1, 2020 and ends on December 31, 2029, by multiplying the consumption allowance granted for 2019 by 5%.

• Marginal note:Transfer

  (2) If a transfer of a portion of the consumption allowance is approved in accordance with subsection 57(4), the transferred portion is substracted 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; or

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

• Marginal note:Written notice

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

Marginal note:Consumption allowance not to be exceeded

• 56 (1) A person who is granted an annual consumption allowance must ensure that it is not exceeded by determining their calculated level of consumption for each HCFC for a calendar year, and then adding together all of their calculated levels of consumption.

• Marginal note:Calculated level of consumption

  (2) The calculated level of consumption for an HCFC — excluding a recovered, recycled or reclaimed HCFC that is imported or exported — that is manufactured, imported or exported during a calendar year must be determined using the following formula:

  (M × ODP) + (I × ODP) – (E × ODP) – (D_i × ODP)

  where

  M

  is the quantity manufactured during the calendar year, other than the quantity manufactured for use as feedstock;

  ODP

  is the ozone-depleting potential set out in column 2 of Table 3 of Schedule 1 for the HCFC in question;

  I

  is the quantity imported during the calendar year;

  E

  is the quantity exported during the calendar year; and

  D_i

  is the quantity imported during the calendar year for destruction under paragraph 54(1)(a).