Canada Gazette, Part I, Volume 149, Number 12: Ozone-depleting Substances and Halocarbon Alternatives Regulations

March 21, 2015

Statutory authority

Canadian Environmental Protection Act, 1999

Sponsoring departments

Department of the Environment and Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Issues

Severe depletion of the ozone layer over the Antarctic has been occurring since 1979 and a general downturn in global ozone levels has been observed since the early 1980s. In 1987, Canada signed the Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol). This agreement has been signed and ratified by 197 countries. To date, the Montreal Protocol has enabled reductions of over 97% of all global consumption of controlled ozone-depleting substances (ODSs), (see footnote 1) including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), halons and methyl bromide.

At the 19th meeting of the Parties to the Montreal Protocol in September 2007, new commitments were made to accelerate the phase-out of the consumption of HCFCs and to introduce controls on the production of HCFCs. These new obligations are not yet reflected in the Ozone-Depleting Substances Regulations, 1998 (ODSR 1998). To ensure that Canada's international obligations under the Montreal Protocol continue to be met, these new commitments, which took effect on January 1, 2015, must be reflected in Canada's ODS regulations. In addition, data on hydrofluorocarbon (HFC) activity in Canada is required to inform the establishment of any future domestic controls, which would be aligned with possible new obligations under the Montreal Protocol.

Developing new regulations for ODSs and halocarbon alternatives also presents an opportunity to resolve other issues, including the use of non-refillable containers for ODSs and their halocarbon alternatives; the lack of flexibility for the transfer of methyl bromide for exempt uses among users; inconsistencies in the ODSR 1998 and their five amendments; and administrative changes to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) [the Designation Regulations], as well as administrative issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Background

CFCs, HCFCs and HFCs are all classified as halocarbons and are included in the fluorocarbons niche market. Based on the North American Industry Classification System (NAICS), firms involved in the manufacture of these substances in Canada are in the industrial gases manufacturing segment (NAICS 325120). The refrigeration and air conditioner manufacturing segment is the largest consumer of fluorocarbons; however, other consumers are the industry segments of polymer precursors, foam blowing agents, aerosol propellants, solvent cleaning, and others. CFCs and HCFCs are also ozone-depleting substances, while HFCs are potent greenhouse gases (GHGs) and are alternatives to CFCs and HCFCs for use in applications such as refrigeration and air conditioning.

Ozone depletion is the term commonly used to describe the thinning of the ozone layer in the stratosphere. The ozone layer acts as a natural filter, absorbing most of the sun's ultraviolet (UV) rays. Stratospheric ozone depletion leads to an increase in ultraviolet rays that reach the Earth's surface, where it can disrupt biological processes and damage a number of materials. Human activity is the major factor causing ozone depletion, mostly from releasing ODSs to the atmosphere. Exposure to UV radiation has been linked to many human health problems, including skin cancer. Scientists also indicate that increased exposure to UVB rays affects the human immune system and causes premature aging of the skin.

Under the Montreal Protocol, Parties must phase out the production and consumption of a wide range of chemicals known to contribute to ozone depletion, including CFCs, HCFCs, halons and methyl bromide. Since 1999, Canada's obligations under the Montreal Protocol have been met through the implementation of the ODSR 1998. Over the years, the Montreal Protocol has been amended or adjusted several times by the international community. Consequently, the ODSR 1998 have been amended five times to ensure that Canada continues to meet its obligations under the Montreal Protocol. Controls on ODSs in Canada have resulted in an overall phase-out of over 99% of baseline levels. Canada has successfully phased out the production and consumption of 94% of HCFCs from baseline levels and 100% of production and consumption of all other controlled ODSs from baseline levels.

Hydrochlorofluorocarbons

At the 19th meeting of the Parties to the Montreal Protocol in September 2007, the Parties agreed to an accelerated phase-out of hydrochlorofluorocarbons (HCFCs) that included, for the first time, controls on the production of HCFCs. HCFCs are the only fluorocarbons produced in Canada. Canada produces approximately 5 300 tonnes of HCFCs annually, predominantly for export to the United States. A phase-out of production of HCFCs was not previously part of the obligations under the Montreal Protocol; therefore, domestic controls on production were not previously required.

To ensure Canada meets its production phase-out obligations between 2010 and 2015, Environment Canada (EC) entered into a performance agreement with Canada's only producer to control its production of HCFCs in Canada. To date, this performance agreement has been an effective measure. However, this agreement is a temporary measure, and it does not prevent other companies from producing HCFCs in the future.

Hydrofluorocarbons

While hydrofluorocarbons (HFCs) are not currently controlled under the Montreal Protocol, they are substitutes for HCFCs and are potent GHGs with a global warming potential thousands of times higher than that of carbon dioxide (CO2).

HFCs are included in the basket of GHGs controlled under the United Nations Framework Convention on Climate Change (UNFCCC), although they are not subject to specific measures under this agreement. HFCs currently represent only 1–2% of total GHGs covered under the UNFCCC, but their emissions are rising by about 8–9% per year. (see footnote 2) The global consumption and emissions of HFCs are projected to increase substantially in the coming decades, according to the UNFCCC, making HFCs an emerging concern because of their immediate and future impact on the climate.

Canada has partnered with the United States and Mexico in submitting a North American proposal to amend the Montreal Protocol and gradually phase down the use of HFCs. Canada has also made commitments in relation to the Climate and Clean Air Coalition to Reduce Short-Lived Climate Pollutants (which include HFCs). Also, at the most recent North American Leaders Summit, Canada agreed to further intensify its efforts to promote an amendment to the Montreal Protocol to phase down HFCs, and, during the last G7 Summit, Canada agreed to promote low-global warming potential alternatives to HFCs.

According to the Chemical Economics Handbook, Canada consumed approximately 9 000 tonnes of fluorocarbons in 2010 (mainly HFCs). Between 2010 and 2012, imports of mixtures containing HFCs or perfluorocarbons (PFCs) grew by 31.4% annually on average, from 1 557 tonnes valued at $19.1 million in 2010 to 2 683 tonnes valued at $26.8 million in 2012 (source: Statistics Canada Merchandise Trade Database).

Import and manufacture in non-refillable containers

The use of refillable containers for halocarbon refrigerants, which include ODSs and HFCs, is more desirable than the use of non-refillable containers. Refillable containers are more suitable for storing and transporting controlled substances as they are less likely to leak. Reusing these containers avoids having to dispose of them in landfills.

All provinces and territories have introduced control measures on the use of halocarbon refrigerants in non-refillable containers, and some provinces have introduced controls on their sale or offer for sale. However, halocarbon refrigerants in these containers can still be legally manufactured and imported, and there is evidence that they are still being used, notwithstanding the provincial and territorial controls.

Methyl bromide

The import and manufacture of methyl bromide in Canada have been phased out since 2005. However, there are exemptions for the following uses: quarantine application, pre-shipment application, critical use, emergency use, feedstock, and laboratory and analytical use. The ODSR 1998 currently prohibit the transfer of methyl bromide for these exempt uses. The demand for methyl bromide is diminishing as alternatives are introduced into the market, leaving users with an inventory that is no longer needed.

Stakeholders have previously expressed concern over the lack of flexibility in the ODSR 1998 to allow them to transfer methyl bromide to another authorized user where a need has been identified. As the demand for this substance decreases, the lack of flexibility has resulted in growing stocks of methyl bromide and increased imports of the substance for different exempt uses.

Objectives

The objective of the proposed Ozone-depleting Substances and Halocarbon Alternatives Regulations (proposed Regulations) is to repeal and replace the ODSR 1998 and introduce new requirements to achieve the following:

Description

The proposed Regulations would repeal the ODSR 1998 and replace them with new regulations that would add new requirements to ensure Canada's international commitments are met, and consolidate the five previous amendments. The proposed Regulations would come into force on the date on which they are registered.

Hydrochlorofluorocarbons

The proposed Regulations would implement the phase-out schedule for consumption and production of HCFCs in accordance with the Montreal Protocol.

In addition, given the lack of alternatives to HCFCs for use in fire extinguishing applications, the proposed Regulations would allow the use of HCFCs in fire extinguishing applications, while respecting the applicable phase-out schedule in the Regulations. The proposed Regulations would also prohibit the import and manufacture of HCFC refrigerants in non-refillable containers.

Hydrofluorocarbons

The proposed provisions on HFCs would introduce a permitting and reporting system to monitor quantities of HFCs that are imported, manufactured and exported. This would allow for more accurate projections of HFC activities to inform the establishment of possible future controls. No restrictions on quantities are being proposed at this time. The control measures proposed are coherent with Canada's participation in the North American proposal to phase down HFCs under the Montreal Protocol.

The proposed Regulations would also prohibit the import of HFC refrigerants in non-refillable containers.

Methyl bromide

The proposed Regulations would allow for the transfer of methyl bromide for the exempt uses among users and help them manage the decreasing quantities of methyl bromide, thereby reducing stocks and the need for imports of the substance.

Administrative provisions

A number of administrative changes would be made, including consolidation of the ODSR 1998 and the subsequent five amendments, removal of obsolete provisions, and corrections to improve clarity of the regulatory text.

The proposed Regulations would also address issues raised by the SJCSR; some wording changes have been made to add clarity to the regulatory text and to ensure conformity and consistency between the English and French versions.

Finally, the submission of quarterly reports is currently required of persons with a permit for the import or export of substances under specific conditions. The proposed Regulations would require the submission of an annual report rather than quarterly reports. The proposed Regulations would also eliminate the declaration of use, which users are currently required to complete and retain when transferring substances exempt for specific uses.

Designation Regulations

The repealing of the ODSR 1998 and their replacement by the proposed Regulations would also require consequential amendments to the Designation Regulations. The Designation Regulations designate the various regulatory provisions from the Canadian Environmental Protection Act, 1999 regulations that are linked to an increased fine scheme (see footnote 3) following a successful prosecution of an offence involving harm or risk of harm to the environment, or obstruction of authority. The ODSR 1998 are listed in the Designation Regulations, which now must be amended to reflect the new title and structure of the proposed Regulations, as well as the addition of the new offences pertaining to HFCs.

“One-for-One” Rule

Under the proposed Regulations, the requirement for quarterly reports would be replaced with a requirement for annual reports, which is expected to save about 3 hours per stakeholder on an annual basis. In addition, the declaration of use would be eliminated, which is estimated to save stakeholders 5 hours per year, assuming 10 declarations per company per year.

However, the permitting and reporting measures for HFCs would impose a new administrative burden on businesses. These businesses would be required to submit an average of 3 permits (up to 2 hours). Also, all regulatees would need to learn about the administrative requirements (1 hour).

Overall, it is projected that the proposed changes would result in a net decrease in the annualized average administrative burden on business by $2,377, or by $39 per business, over a 10-year time frame and using a 7% discount rate. The proposed Regulations would be considered an “OUT” under the “One-for-One” Rule.

Small business lens

The small business lens would not apply to the proposed Regulations since the cost impact would be below one million dollars annually; furthermore, the cost impact per small business would be negligible and not considered disproportionate.

There are currently 61 companies that would be impacted by the proposed Regulations, including 12 small businesses. For these small businesses, the proposed Regulations are expected to result in a reduction in total annualized average costs of $546 over a 10-year time frame and using a 7% discount rate. This represents an incremental cost decrease of $45 per small business per year.

Consultation

Consultations were conducted on several occasions, providing opportunities for interested and affected parties to review and comment on the proposed regulatory provisions. The consultations addressed the nature of the proposed provisions and any ancillary concerns related to their implementation (e.g. administrative practices or policy interpretation). The consultations involved the dissemination of a discussion document by email and its posting on the EC Web site, face-to-face discussions and the solicitation of written comments and submissions.

Participants in consultation sessions included regulatees, namely companies exporting, importing, manufacturing, using and selling ODSs; representatives of provincial and territorial governments; environmental non-governmental organizations and public advocacy groups.

Hydrochlorofluorocarbons

In March 2008, EC consulted stakeholders on Canada's plan to implement the commitments made in the Montreal Protocol to accelerate the HCFC phase-out; simplify the HCFC consumption allowance system; prohibit the import, manufacture and export of refrigerants in non-refillable containers; and clarify and streamline administrative requirements. EC presented various options on ways to implement the accelerated HCFC phase-out, including a more aggressive phase-out schedule than that agreed to by the Parties to the Montreal Protocol.

Stakeholders felt that by maintaining the existing provisions related to the use of HCFCs after 2015 and adhering to the phase-out schedule as agreed upon by the Parties, Canada would be ahead of the phase-out schedule without having to adopt a more aggressive schedule domestically. Stakeholders supported the proposed regulatory provisions with respect to the simplified allowance system, the provisions related to non-refillable containers and the administrative requirements. Stakeholders requested an opportunity to review the proposal prior to its publication in the Canada Gazette, Part I.

In June 2013, stakeholders were given the opportunity to review the proposal. A consultation document was sent to stakeholders in advance of the June 2013 meeting, explaining the proposed provisions and how EC had addressed stakeholder feedback obtained in the March 2008 consultation.

During the June 2013 multi-stakeholder consultation meeting, stakeholders expressed concern regarding the provisions limiting the use of HCFCs only to refrigerants after 2015, and prohibiting use in other applications such as fire extinguishing. Such provisions currently exist in the ODSR 1998 and were to be maintained in the proposed Regulations. However, given the lack of alternatives to HCFCs for use in fire extinguishing applications, stakeholders requested that this use be allowed to continue after 2015, and until 2030. Provisions to allow this continued use are included in the proposed Regulations.

Hydrofluorocarbons

In June 2013, EC consulted stakeholders on the proposal to add HFCs to the list of substances controlled under the proposed Regulations; introducing a permitting and reporting system; and prohibiting the import and manufacture of HFCs in non-refillable containers.

During the consultation, stakeholders expressed support for the proposed regulatory provisions. One stakeholder, while supportive of the proposal, suggested that Canada should adopt more stringent measures in addition to the permitting and reporting system being proposed for HFCs, such as introducing a phase-down for these substances. Environment Canada responded that one of the objectives of the permitting and reporting system is to inform potential future controls on HFCs.

Methyl bromide

At a separate consultation session on methyl bromide held in 2008, stakeholders requested that provisions be added to allow the transfer of methyl bromide between exempt uses among authorized users. The proposed Regulations include provisions that allow more flexibility for users, and would help reduce stocks and imports of methyl bromide.

In addition, the 2008 consultation document proposed to add reporting requirements for the use of methyl bromide in quarantine applications and pre-shipment applications. Stakeholders expressed concern with this proposal given that this information was already being collected by the Canadian Food Inspection Agency (CFIA). After further analysis and consultation with the CFIA, EC decided not to proceed with the proposal. Updates were provided to stakeholders on the provisions included in the proposed Regulations.

Rationale

The proposed Regulations would address Canada's commitments under international agreements by phasing out the consumption and production of substances known to contribute to ozone depletion. The proposed Regulations are expected to result in benefits to Canadians and to the Government, while reducing costs to industry.

Canadians

The proposed Regulations would benefit Canadians by supporting Canada's international commitments pertaining to ODSs in the Montreal Protocol. Complying with these international commitments to accelerate the phase-out of HCFCs would provide benefits to Canadians by ensuring these substances, as well as their import in non-refillable containers, are eliminated from the marketplace. In addition, the proposed Regulations would demonstrate Canada's actions to address harm to the environment and human health from the use of ODSs and other related issues linked to their export, import, manufacture, use and sale.

Furthermore, the proposed HFC permitting and reporting system is expected to provide benefits to Canadians by helping to address the illicit importation of ODSs. Cases of illicit imports containing controlled ODSs have recently been identified in which large amounts of material imported into Canada were labelled as HFCs. The proposed permitting and reporting system would ensure that all importers of halocarbon refrigerants are subject to permit requirements during export, import, and manufacture of HFCs.

Government

The establishment of HFC controls would serve as a preliminary measure to track importation, domestic production and consumption of HFCs. Information collected on HFCs would inform potential future controls on HFCs, and contribute to more robust data for reporting of GHG inventories in Canada's National Inventory Report on Greenhouse Gas Sources and Sinks in Canada, submitted to the UNFCCC. Introducing domestic measures on HFCs would also be consistent with Canada's international efforts to phase-down HFCs. The proposed Regulations would also complement provincial and territorial controls on the use of non-refillable containers by prohibiting their import and manufacture.

The costs to the Government are expected to be negligible. It is anticipated that costs for enforcement, compliance promotion and administration of the proposed Regulations would either remain the same or slightly decrease for the Government, as the notification process (declaration of use) would be eliminated and the reporting requirements reduced. Also, as the HCFC phase-out progresses and reduction steps are achieved, administrative costs associated with HCFCs to the Government would diminish.

Although there is no reporting regime currently in place for HFCs, it is anticipated that costs for administering such a system would be negligible. The system would be similar to the one already in place for ODSs. Therefore, EC would simply need to adjust the existing system.

Industry

The transfer of methyl bromide between the exempt uses among users would reduce inventories of methyl bromide, which could result in benefits to businesses by reducing storage and insurance costs.

The new permitting and reporting system for HFCs would increase administrative costs to businesses. These administrative costs would be offset by the reduction of the administrative cost burden that the businesses currently carry under the ODSR 1998. Specifically, notifications regarding “declaration of use” would be eliminated and the obligation to submit quarterly reports would be removed. Stakeholders would instead be required to submit an annual report.

The impacts to industry of prohibiting the production of HCFCs are expected to be minimal as the substance is being phased out according to the terms of the performance agreement. Likewise, costs to regulatees linked to complementary provisions related to the import and the manufacture of refrigerants in non-refillable containers are expected to be negligible. Many regulatees already use refillable containers, and the use and sale of these refrigerants in these containers are tightly controlled at the provincial and territorial level.

Designation Regulations

The consequential amendments to the Designation Regulations are important to allow for the effective enforcement of the proposed Regulations as well as to promote compliance. The amendments would also be necessary to ensure the consistency and accuracy of the regulatory text concerning the designated provisions of the proposed Regulations.

Contacts

Lucie Desforges
Director
Chemical Production Division
Environment Canada
351 Saint-Joseph Boulevard, 11th Floor
Gatineau, Quebec
K1A 0H3
Fax: 819-938-4218
Email: Lucie.Desforges@ec.gc.ca

Yves Bourassa
Director
Regulatory Analysis and Valuation Division
Environment Canada
10 Wellington Street, 25th Floor
Gatineau, Quebec
K1A 0H3
Fax: 819-953-3241
Email: RAVD.DARV@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), that the Governor in Council, pursuant to subsection 93(1) of that Act, proposes to make the annexed Ozone-depleting Substances and Halocarbon Alternatives Regulations.

Any person may, within 75 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Director, Chemical Production Division, Department of the Environment, Ottawa, Ontario K1A 0H3.

Any person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, March 12, 2015

JURICA ČAPKUN
Assistant Clerk of the Privy Council

OZONE-DEPLETING SUBSTANCES AND HALOCARBON ALTERNATIVES REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“Act”
« Loi »

“Act” means the Canadian Environmental Protection Act, 1999.

“CFC”
« CFC »

“CFC” means a chlorofluorocarbon.

“critical use”
« utilisation critique »

“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.

“Decision”
« Décision »

“Decision” means a decision adopted at a meeting of the Parties held under Article 11 of the Protocol.

“emergency use”
« utilisation d'urgence »

“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.

“essential use”
« utilisation essentielle »

“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.

“feedstock”
« matière première »

“feedstock” means a substance that is used — and the molecular structure of which is transformed — in the manufacture of a chemical substance.

“foaming agent”
« agent de gonflement »

“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.

“HBFC”
« HBFC »

“HBFC” means a hydrobromofluorocarbon.

“HCFC”
« HCFC »

“HCFC” means a hydrochlorofluorocarbon.

“HFC”
« HFC »

“HFC” means a hydrofluorocarbon.

“laboratory or analytical use”
« utilisation en laboratoire ou à des fins d'analyse »

“laboratory or analytical use” means a use that is agreed to be a laboratory or analytical use through a Decision of the Parties.

“Party”
« Partie »

“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.

“plastic foam”
« mousse plastique »

“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.

“pre-shipment application”
« traitement préalable à l'expédition »

“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.

“Protocol”
« Protocole »

“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, as amended from time to time.

“quarantine application”
« traitement en quarantaine »

“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.

“reclaimed”
« régénérée »

“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.

“recovered”
« récupérée »

“recovered” means, in respect of a substance after it has been used, collected from machinery, equipment or a container during servicing or before disposal of the machinery, equipment or container.

“recycled”
« recyclée »

“recycled” means, in respect of a substance, recovered, cleaned through a process such as filtering or drying and reused, including reused to recharge equipment.

“rigid foam product”
« produit en mousse rigide »

“rigid foam product” means a product containing or consisting of any of the following types of foam:

PURPOSE

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

Application

3. These Regulations apply to

Non- application

4. These Regulations do not apply to

PART 1

CFCS, BROMOFLUOROCARBONS, BROMOCHLORODIFLUOROMETHANE, TETRACHLOROMETHANE, 1,1,1-TRICHLOROETHANE, HBFCS AND BROMOCHLOROMETHANE

EXPORTING SUBSTANCES

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.

Purpose of exporting

6. (1) The permit may only be issued to export the substance to a Party for one of the following purposes:

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:

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.

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

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, bromochloro-difluoromethane, tetrachloromethane or 1,1,1-trichloroethane set out in Table 1 of Schedule 1 without a permit issued under these Regulations.

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

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.

Purpose of importing

11. (1) The permit may only be issued to import the substance from a Party for one of the following purposes:

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.

Obligation to re-export in certain circumstances

12. The holder of the permit must ensure

IMPORTING PRODUCTS

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.

Exception — miscellaneous products

(2) Subsection 1 does not apply to

MANUFACTURE, USE AND SALE OF A SUBSTANCE OR A PRODUCT

Prohibition — manufacturing substance

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

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.

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

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.

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,

Products, containers and packaging material containing CFCs

19. (1) It is prohibited for any person to sell

Exception — metered-dose inhalers and products containing a CFC

(2) Paragraph (1)(a) does not apply to

PART 2

METHYL BROMIDE

Definition

20. For the purposes of this Part, “methyl bromide” includes products containing or designed to contain methyl bromide.

EXPORTING METHYL BROMIDE

Prohibition — exporting methyl bromide without permit

21. It is prohibited for any person to export methyl bromide without a permit issued under these Regulations.

Purpose of exporting

22. The permit may only be issued to export methyl bromide to a Party for one of the following purposes:

IMPORTING METHYL BROMIDE

Prohibition — importing methyl bromide without permit

23. It is prohibited for any person to import methyl bromide without a permit issued under these Regulations.

Purpose of importing

24. The permit may only be issued to import methyl bromide for one of the following purposes:

MANUFACTURE, USE AND SALE OF METHYL BROMIDE

Prohibition — manufacturing methyl bromide

25. It is prohibited for any person to manufacture methyl bromide.

Prohibition — using or selling methyl bromide

26. It is prohibited for any person to use or sell methyl bromide, unless

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.

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, as amended from time to time, published by the Ozone Secretariat, United Nations Environment Programme.

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.

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

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).

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.

Conditions

(3) The Minister must allow the transfer if

Written notice

(4) The Minister must inform the transferor and transferee in writing of the decision concerning the application for a transfer.

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.

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.

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.

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,

PART 3

HCFCs

EXPORTING HCFCS

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.

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:

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.

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

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.

Purpose of importing

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

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.

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 issued or sold as a refrigerant or as a fire-extinguishing agent or that is to be exported.

Ceases to have effect

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

Refillable container

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

IMPORTING PRODUCTS CONTAINING HCFCS

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

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.

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.

Exception — miscellaneous products

(2) Subsection (1) does not apply to the following pressurized containers:

Exception — health care products and laboratory or analytical use

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

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.

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

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.

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.

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 as a refrigerant or as a fire-extinguishing agent or that is to be exported.

Ceases to have effect

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

Refillable container

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

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.

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.

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.

Exception — miscellaneous products

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

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.

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

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.

Exception — miscellaneous products

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

NEW USE OF HCFCS

New use

54. It is prohibited for any person to import, manufacture, use or sell an HCFC set out in Table 3 of Schedule 1 or a product containing or designed to contain it if the HCFC or the product is intended for a use for which it has never been used in Canada.

DESTRUCTION OF HCFCS

HCFC no longer needed

55. (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,

Exception — consumption or manufacturing allowance

(2) Any person who is granted a consumption or manufacturing allowance under section 56 or 62 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

Calculation of consumption allowance

56. (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 × 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

Transfer

(2) Any portion of the allowance that is permanently transferred is, for every calendar year following the year of the transfer, subtracted from the transferor's allowance and added to the transferee's consumption allowance. In the case of a temporary transfer, the portion transferred is subtracted from transferor's consumption allowance and added to the transferee's consumption allowance for the calendar year of the transfer.

Written notice

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

Consumption allowance not to be exceeded

57. (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.

Calculated level of consumption

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

[(M × ODP) + (I × ODP) – (Di × ODP) – (E × ODP)]

where

Prohibition to transfer without authorization

58. (1) It is prohibited for any person to transfer all or a portion of their annual consumption allowance unless the Minister allows the transfer under subsection (4).

Transfer may be temporary or permanent

(2) A transfer is temporary if it applies to only one calendar year, and it is permanent if it applies to all calendar years up to and including 2029.

Application to Minister

(3) The transferor and transferee must submit an application to the Minister for the transfer containing the information required by Schedule 4 and specifying whether the proposed transfer is temporary or permanent.

Conditions

(4) The Minister must allow the transfer if the transferor has an unused consumption allowance that is not less than the quantity of the proposed transfer.

Written notice

(5) The Minister must inform the transferor and transferee in writing of the decision concerning the application for a transfer and of their consumption allowances.

Grounds for refusal and cancellation

59. (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 manufacture, use, sell, import or export an HCFC in compliance with Canadian law.

Effect of cancellation

(2) If the Minister cancels a transfer, the transferee must, without delay, transfer back to the transferor any unused portion of the consumption allowance.

Unused portion of consumption allowance

60. Any portion of the annual consumption allowance that is unused in a calendar year must not be used in a subsequent calendar year.

Retirement of consumption allowances

61. (1) A person may retire their consumption allowance by providing the Minister with a notice in writing to that effect containing the information required by Schedule 4.

Effect of retirement

(2) A person who has retired their consumption allowance is not entitled to any further consumption allowance.

MANUFACTURING ALLOWANCE

Calculation of manufacturing allowance

62. (1) The annual manufacturing allowance for an HCFC set out in Table 3 of Schedule 1 to which each person is entitled is determined as follows:

Written notice

(2) The Minister must inform the person in writing of their manufacturing allowance.

Manufacturing allowance not to be exceeded

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

Calculated level of manufacture

(2) The calculated level of manufacture for an HCFC must be determined using the following formula:

[(M × ODP) – (Dm × ODP) – (FS × ODP)]

where

PART 4

HFCs

EXPORTING HFCS

Prohibition — exporting HFCs without permit

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

IMPORTING HFCS

Prohibition — importing HFCs without permit

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

Refillable container

(2) Any HFC that is imported for use as a refrigerant must be stored in a refillable container.

MANUFACTURE AND USE OF HFCS

Prohibition — manufacturing HFC without permit

66. (1) 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.

Refillable container

(2) Any HFC that is manufactured for use as a refrigerant must be stored in a refillable container.

NEW USE OF HFCS

New use

67. It is prohibited for any person to import or manufacture an HFC set out in Table 4 of Schedule 1 if the HFC is intended for a use for which it has never been used in Canada.

PART 5

ESSENTIAL PURPOSE

Exceptions — essential purpose

68. (1) Despite subsection 13(1), sections 15 and 17, subsection 19(1), sections 40 and 41, subsections 42(1) and 43(1), sections 48 and 49, subsection 50(1), section 51, subsection 53(1) and section 54, a person may import, manufacture, use or sell a substance set out in Table 1 or 3 of Schedule 1 or a product containing or designed to contain that substance if the substance or product will be used for an essential purpose and if a permit is specifically issued under these Regulations for that purpose.

Essential purpose

(2) An essential purpose is a purpose requiring the use of a substance or a product containing or designed to contain a substance, when that use is necessary for the health and safety or the good functioning of society, encompassing its cultural and intellectual aspects, and when there are no technically or economically feasible alternatives to that use that are acceptable from the standpoint of the environment and of health.

PART 6

NOTICE AND APPLICATION FOR PERMIT

NOTICE

Notice to Minister

69. (1) A person who proposes to ship a substance into or out of Canada for the purpose of transit must provide a notice of shipment in transit to the Minister containing the information required by Schedule 2 at least 15 days prior to the date of entry into Canada or the date of exit from Canada.

Acknowledgement

(2) The Minister must acknowledge receipt of the notice in writing.

APPLICATION FOR PERMIT

Required information

70. An application for a permit must be submitted to the Minister and contain the information and documents required in the following sections of Schedule 5:

Conditions

71. The Minister may issue a permit if

Duration

72. A permit is effective for the period beginning on the date of its issuance and ending on December 31 of the year in which it is issued.

Revocation

73. (1) The Minister must revoke a permit if any of the conditions set out in section 71 has not been met or if he or she has reasonable grounds to believe that the permit holder has provided false or misleading information to him or her.

Conditions for revocation

(2) The Minister must not revoke a permit unless he or she has provided the permit holder with written reasons for the revocation and an opportunity to be heard, by written representation, in respect of the revocation.

PART 7

MISCELLANEOUS PROVISIONS

ANNUAL REPORT AND OTHER INFORMATION

Annual report

74. Every person who, in a given calendar year, has a consumption allowance, a manufacturing allowance or a permit issued under these Regulations must submit to the Minister a report that contains the information specified in Schedule 6, no later than January 31 following that year.

Information to be submitted to Minister

75. Every person who manufactures, uses, sells, imports or exports a substance must, on written request by the Minister, provide to the Minister any information required by the Minister for the purpose of fulfilling Canada's obligations under the Protocol.

Certification

76. (1) Any notice of shipment in transit, any application for a permit or any document containing information required to be submitted to the Minister under these Regulations must bear the signature of the interested person or the person authorized to act on their behalf and be accompanied by a certification dated and signed by the interested person or the authorized person, stating that the information is accurate and complete.

Writing or electronic format

(2) The notice of shipment in transit, information, application for a permit and certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister.

Importing and exporting — documents to be submitted to customs office

(3) Every person who imports or exports a substance or a product containing or designed to contain a substance must provide to the customs office where the substance or product is required to be reported under section 12 or 95 of the Customs Act a copy of their permit or the Minister's written confirmation of their consumption allowance.

Substances in transit — information to be provided

(4) Every person who ships a substance into or out of Canada for the purpose of transit must provide to the customs office where the substance is required to be reported under section 12 or 95 of the Customs Act a copy of the acknowledgement of their notice of shipment in transit referred to in subsection 69(2).

RECORD KEEPING

Export, import or manufacture

77. (1) Every person who exports, imports or manufactures a substance must

Use or sale

(2) If a substance was manufactured or imported for a use set out in column 3 of Table 1, 2 or 3 of Schedule 1, every person who uses or sells that substance for that use must

Where records may be kept

(3) The records may be kept at any place in Canada other than the principal place of business if the person notifies the Minister in writing of the civic address of the place where the records are kept.

Submission of information

(4) The person must, on written request by the Minister, submit to the Minister the information and documents required by Schedule 7.

TRANSITIONAL PROVISION

Permits granted under Ozone-Depleting Substances Regulations, 1998

78. A substance or a product containing or designed to contain a substance, if the substance or product is exported, imported, manufactured or used under a permit or authorization issued under the Ozone-Depleting Substances Regulations, 1998, is deemed to be exported, imported, manufactured or used under a permit or authorization issued under these Regulations.

REPEAL

Repeal

79. The Ozone-Depleting Substances Regulations, 1998 are repealed.

COMING INTO FORCE

Registration

80. These Regulations come into force on the date on which they are registered.

SCHEDULE 1
(Paragraph 3(a), section 5, paragraph 6(1)(c), section 8, subsection 9(1), section 10, paragraph 11(1)(b), subsection 13(1), sections 14 to 18, subsection 19(1), paragraphs 19(2)(b), 22(c), 24(b) and 32(b), section 33, paragraph 34(1)(c), sections 35 and 36, paragraph 37(1)(b), section 41, subsections 42(1) and 43(1), sections 44, 45, and 49, subsection 50(1), sections 51 and 52, subsection 53(1), section 54, subsections 55(1) and 56(1), section 57, subsection 62(1), sections 63 and 64, subsections 65(1) and 66(1), section 67 and subsections 68(1) and 77(2))

LIST OF SUBSTANCES AND DATA FOR THE DETERMINATION OF CALCULATED LEVELS

TABLE 1 — PART 1 SUBSTANCES
Item

Column 1

Substance

Column 2

Ozone-depleting Potential

Column 3

Uses
1. Tetrachloromethane (carbon tetrachloride) 1.1
  • (a) Essential use
  • (b) Feedstock
  • (c) Laboratory or analytical use
2. 1,1,1-trichloroethane (methyl chloroform), not including 1,1,2-trichloroethane 0.1
  • (a) Essential use
  • (b) Feedstock
  • (c) Laboratory or analytical use
3. Trichlorofluoromethane (CFC-11) 1.0
  • (a) Essential use
  • (b) Feedstock
  • (c) Laboratory or analytical use
4. Dichlorodifluoromethane (CFC-12) 1.0
  • (a) Essential use
  • (b) Feedstock
  • (c) Laboratory or analytical use
5. Trichlorotrifluoroethane (CFC-113) 0.8
  • (a) Essential use
  • (b) Feedstock
  • (c) Laboratory or analytical use
6. Dichlorotetrafluoroethane (CFC-114) 1.0
  • (a) Essential use
  • (b) Feedstock
  • (c) Laboratory or analytical use
7. Chloropentafluoroethane (CFC-115) 0.6
  • (a) Essential use
  • (b) Feedstock
  • (c) Laboratory or analytical use
8. CFCs other than those set out in items 3 to 7 1.0
  • (a) Essential use
  • (b) Feedstock
  • (c) Laboratory or analytical use
9. Bromochlorodifluoromethane (Halon 1211) 3.0
  • (a) Essential use
  • (b) Laboratory or analytical use
10. Bromotrifluoromethane (Halon 1301) 10.0
  • (a) Essential use
  • (b) Laboratory or analytical use
11. Dibromotetrafluoroethane (Halon 2402) 6.0
  • (a) Essential use
  • (b) Laboratory or analytical use
12. Bromofluorocarbons other than those set out in items 9 to 11 N/A
  • (a) Essential use
  • (b) Laboratory or analytical use
13. HBFCs The ozone-depleting potential of each HBFC is the value indicated for it in Annex C of the Protocol or, where a range of values is indicated, the highest value in the range.
  • (a) Laboratory or analytical use
14. Bromochloromethane (Halon 1011) 0.12
  • (a) Essential use
  • (b) Laboratory or analytical use
TABLE 2 — PART 2 SUBSTANCE
Item

Column 1

Substance

Column 2

Ozone-depleting Potential

Column 3

Uses
1. Methyl bromide 0.6
  • (a) Quarantine application
  • (b) Pre-shipment application
  • (c) Feedstock
  • (d) Laboratory or analytical use
  • (e) Critical use
  • (f) Emergency use
TABLE 3 — PART 3 SUBSTANCES
Item

Column 1

Substance

Column 2

Oone-depleting Potential

Column 3

Uses
1. HCFCs:
(a) Dichlorofluoromethane (HCFC-21)
(b) Chlorodifluoromethane (HCFC-22)
(c) Chlorofluoromethane (HCFC-31)
(d) Tetrachlorofluoroethane (HCFC-121)		 0.04 0.055 0.02 0.04
  • (a) Feedstock
  • (b) Laboratory or analytical use
(e) Trichlorodifluoroethane (HCFC-122) 0.08  
(f) 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123) 0.02  
(g) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 0.06  
(h) 1,1-dichloro-1,2,2-trifluoroethane (HCFC-123b) 0.06  
(i) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 0.022  
(j) 1-chloro-1,1,2,2-tetrafluoroethane (HCFC-124a) 0.04  
(k) Trichlorofluoroethane (HCFC-131) 0.05  
(l) Dichlorodifluoroethane (HCFC-132) 0.05  
(m) Chlorotrifluoroethane (HCFC-133) 0.06  
(n) Dichlorofluoroethane (HCFC-141), not including HCFC-141b 0.07  
(o) 1,1-dichloro-1-fluoroethane (HCFC-141b) 0.11  
(p) Chlorodifluoroethane (HCFC-142), not including HCFC-142b 0.07  
(q) 1-chloro-1,1-difluoroethane (HCFC-142b) 0.065  
(r) Chlorofluoroethane (HCFC-151) 0.005  
(s) Hexachlorofluoropropane (HCFC-221) 0.07  
(t) Pentachlorodifluoropropane (HCFC-222) 0.09  
(u) Tetrachlorotrifluoropropane (HCFC-223) 0.08  
(v) Trichlorotetrafluoropropane (HCFC-224) 0.09  
(w) Dichloropentafluoropropane (HCFC-225), not including HCFC-225ca and HCFC-225cb 0.07  
(x) 1,1-dichloro-2,2,3,3,3-pentafluoropropane (HCFC-225ca) 0.025  
(y) 1,3-dichloro-1,2,2,3,3-pentafluoropropane (HCFC-225cb) 0.033  
(z) Chlorohexafluoropropane (HCFC-226) 0.10  
(z.1) Pentachlorofluoropropane (HCFC-231) 0.09  
(z.2) Tetrachlorodifluoropropane (HCFC-232) 0.10  
(z.3) Trichlorotrifluoropropane (HCFC-233) 0.23  
(z.4) Dichlorotetrafluoropropane (HCFC-234) 0.28  
(z.5) Chloropentafluoropropane (HCFC-235) 0.52  
(z.6) Tetrachlorofluoropropane (HCFC-241) 0.09  
(z.7) Trichlorodifluoropropane (HCFC-242) 0.13  
(z.8) Dichlorotrifluoropropane (HCFC-243) 0.12  
(z.9) Chlorotetrafluoropropane (HCFC-244) 0.14  
(z.10) Trichlorofluoropropane (HCFC-251) 0.01  
(z.11) Dichlorodifluoropropane (HCFC-252) 0.04  
(z.12) Chlorotrifluoropropane (HCFC-253) 0.03  
(z.13) Dichlorofluoropropane (HCFC-261) 0.02  
(z.14) Chlorodifluoropropane (HCFC-262) 0.02  
(z.15) Chlorofluoropropane (HCFC-271) 0.03  
TABLE 4 — PART 4 SUBSTANCES
Item

Column 1

Substances
1. HFCs:
(a) Trifluoromethane (HFC-23)
(b) Difluoromethane (HFC-32)
(c) Fluoromethane (HFC-41)
(d) 1,1,1,2,2-pentafluoroethane (HFC-125)
(e) 1,1,2,2-tetrafluoroethane (HFC-134)
(f) 1,1,1,2-tetrafluoroethane (HFC-134a)
(g) 1,1,2-trifluoroethane (HFC-143)
(h) 1,1,1-trifluoroethane (HFC-143a)
(i) 1,2-difluoroethane (HFC-152)
(j) 1,1-difluoroethane (HFC-152a)
(k) Fluoroethane (HFC-161)
(l) 1,1,2,2,3,3,3-heptafluoropropane (HFC-227ca)
(m) 1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea)
(n) 1,1,1,2,2,3-hexafluoropropane (HFC-236cb)
(o) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea)
(p) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa)
(q) 1,1,2,2,3-pentafluoropropane (HFC-245ca)
(r) 1,1,1,3,3-pentafluoropropane (HFC-245fa)
(s) 1,1,1,3,3-pentafluorobutane (HFC-365mfc)
(t) 1,1,1,2,2,3,4,5,5,5-decafluoropentane (HFC-43-10mee)
2. HFCs other than those set out in item 1

SCHEDULE 2
(Subsection 69(1))

NOTICE OF SHIPMENT IN TRANSIT — INFORMATION REQUIRED

1. Information respecting the person providing the notice:

2. Information respecting the substance:

3. The name, civic and postal addresses, telephone number and, if any, email address and fax number of each carrier of the substance.

4. The name, civic and postal addresses, telephone number and, if any, email address and fax number of the customs broker in Canada.

5. Information respecting the source of the substance:

6. Information respecting the destination of the substance:

7. If known at the time the notice is provided, information respecting the storage in Canada of the substance:

SCHEDULE 3
(Subsection 30(2))

APPLICATION FOR A TRANSFER OF A PERMIT TO USE METHYL BROMIDE — INFORMATION REQUIRED

1. Information respecting the transferor and transferee:

2. The quantity of methyl bromide to be transferred.

SCHEDULE 4
(Subsections 58(3) and 61(1))

APPLICATION FOR A TRANSFER OF A CONSUMPTION ALLOWANCE OF HCFCs AND OF A NOTICE RETIRING AN ALLOWANCE — INFORMATION REQUIRED

1. Application for a transfer of a consumption allowance:

2. Notice of retirement of a consumption allowance:

SCHEDULE 5
(Section 70)

APPLICATION FOR A PERMIT — INFORMATION REQUIRED

EXPORTATION

PERMIT TO EXPORT A SUBSTANCE

1. Application for a permit to export a substance:

PERMIT TO EXPORT A PRODUCT CONTAINING OR DESIGNED TO CONTAIN CFCS, BROMOFLUOROCARBONS, BROMOCHLORODIFLUOROMETHANE, TETRACHLOROMETHANE OR 1,1,1-TRICHLOROETHANE

2. Application for a permit to export a product containing or designed to contain CFCs, bromofluorocarbons, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane:

IMPORTATION

PERMIT TO IMPORT A SUBSTANCE

3. Application for a permit to import a substance:

MANUFACTURE

4. Application for a permit to manufacture an HCFC or an HFC:

USE OF METHYL BROMIDE

5. Application for a permit to use methyl bromide for an emergency use or a critical use:

ESSENTIAL PURPOSE

6. Additional information in the case of an application for a permit respecting a substance, or a product containing or designed to contain such a substance, that is to be used for an essential purpose:

SCHEDULE 6
(Section 74)

ANNUAL REPORT — INFORMATION REQUIRED

1. Information respecting the person submitting the report:

2. Information respecting the substance or the product containing or designed to contain the substance:

3. The consumption allowance granted for HCFCs.

4. The manufacturing allowance granted for HCFCs.

5. Information respecting the reclamation or destruction facility:

6. The name and civic and postal addresses of the facility where the substance is used as feedstock.

7. Information respecting the exportation or importation of the substance or the product containing or designed to contain the substance:

8. Information respecting the recipient of the substance or of the product containing or designed to contain the substance:

9. Information respecting the methyl bromide:

SCHEDULE 7
(Paragraphs 77(1)(a) and (2)(a) and subsection 77(4))

INFORMATION AND DOCUMENTS TO BE MAINTAINED

EXPORTATION

1. Dated records of

2. Copies of the bill of lading, the invoice and all documents submitted to the Canada Border Services Agency for each shipment of the substance.

IMPORTATION

3. Dated records of

4. Copies of the bill of lading, the invoice and all documents submitted to the Canada Border Services Agency for each shipment of the substance.

MANUFACTURE

5. Dated records of

USE AND SALE

6. Dated records of

[12-1-o]