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Vol. 135, No. 1 — January 3, 2001
RegistrationSOR/2001-2 13 December, 2000
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Regulations Amending the Ozone-depleting Substances Regulations, 1998
P.C. 2000-1761 13 December, 2000
Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment published in the Canada Gazette, Part I, on September 2, 2000, a copy of the proposed Regulations Amending the Ozone-depleting Substances Regulations, 1998, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 of that Act;
And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999 (see footnote b), hereby makes the annexed Regulations Amending the Ozone-depleting Substances Regulations, 1998.
REGULATIONS AMENDING THE OZONE-DEPLETING SUBSTANCES REGULATIONS, 1998
AMENDMENTS
1. (1) The definition "foam insulation product" in section 1 of the Ozone-depleting Substances Regulations, 1998 (see footnote 1) is repealed.
(2) The definitions "controlled substance" (see footnote 2), "pre-shipment application", "Protocol" and "recovered" in section 1 of the Regulations are replaced by the following:
"controlled substance" means a substance that is set out in column 2 of an item of Schedule 2, whether existing alone or in a mixture, and including their isomers unless otherwise indicated. (substance contrôlée)
"pre-shipment application" means the treatment, with methyl bromide, within 21 days prior to export, of a commodity or product that is to be entirely exported to another country, or of a means of conveyance, where such treatment is required by the importing country or in support of Canada's sanitary or phytosanitary export programs. (traitement préalable à l'expédition)
"Protocol" means The Montreal Protocol on Substances that Deplete the Ozone Layer, published by the United Nations Environment Programme, signed by Canada on September 16, 1987, as amended from time to time. (Protocole)
"recovered", in respect of a controlled substance, means collected, after the substance has been used, from machinery, equipment or a container during servicing or before disposal of the machinery, equipment or container. (récupérée)
(3) Section 1 of the Regulations is amended by adding the following in alphabetical order:
"critical use" means a use of methyl bromide that is agreed by the Parties, by a Decision, to be critical. (utilisation critique)
"emergency use" means a use of methyl bromide that is agreed by the Parties, by a Decision, to be required in response to an emergency event. (utilisation d'urgence)
"essential purpose" means, with respect to the use of a controlled substance or of a product that contains a controlled substance, a use
(a) that is necessary for health and safety or is critical for the good functioning of society, encompassing its cultural and intellectual aspects; and
(b) for which there are no technically or economically feasible alternatives or substitutes that are acceptable from the standpoint of the environment and of health. (fin essentielle)
"rigid foam product" means a product that contains or consists of any of the following types of foam:
(a) closed cell rigid polyurethane foam, including one- and two-component froth, pour, spray, injected or bead-applied foam and polyisocyanurate foam;
(b) closed cell rigid polystyrene boardstock foam;
(c) closed cell rigid phenolic foam; and
(d) closed cell rigid polyethylene foam when such foam is suitable in shape, thickness and design to be used as a product that provides thermal insulation around pipes used in heating, plumbing, refrigeration or industrial process systems. (produit en mousse rigide)
2. The Regulations are amended by adding the following after section 2:
2.1 Subject to section 2.2, these Regulations do not apply where a controlled substance is in transit through Canada from a place outside Canada to another place outside Canada, or where the controlled substance is in transit through another country from a place in Canada to another place in Canada, where
(a) the address of the destination is known at the time of import into or export from Canada, as applicable; and
(b) while in transit, the controlled substance is not stored other than in the normal course of transport, re-packaged, sorted or otherwise changed in condition or sold.
2.2 A person who proposes, for the purpose of transit, to import into or export from Canada a controlled substance shall provide a notice to the Minister, in the form approved by the Minister, at least 15 days prior to the import or export, as applicable.
3. Section 4 of the Regulations is replaced by the following:
4. (1) No person shall import or export a controlled substance from or to a State that is not a Party.
(2) Subsection (1) does not apply to bromochloromethane before January 1, 2001.
(3) Subsection (1) does not apply to HCFCs before January 1, 2004.
4. Subsection 5(2) of the Regulations is replaced by the following:
(2) A person who imports for reclamation a recovered, recycled, reclaimed or used controlled substance, other than methyl bromide, an HCFC or a bromofluorocarbon, shall, within six months after its importation, export it back to the country of origin.
(3) No person shall import a recovered, recycled, reclaimed or used bromofluorocarbon except where
(a) the bromofluorocarbon will be used for an essential purpose in another country; and
(b) the bromofluorocarbon will be exported to its country of destination within six month's after its importation.
(4) Where a person who imports a recovered, recycled, reclaimed or used controlled substance has not exported it in accordance with subsection (2) or (3), as applicable, the person shall have it destroyed at a destruction facility that is operated in compliance with the Regulatory Standards for Destruction Facilities set out in the Handbook for the International Treaties for the Protection of the Ozone Layer, as amended from time to time, published by the Ozone Secretariat, United Nations Environment Programme, or export it for destruction no later than three months after the end of the six-month period referred to in that subsection.
5. Section 6 of the Regulations is amended by adding the following after subsection (2):
(3) Subsection (1) does not apply to a controlled substance that is sold in Canada 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 the equipment.
6. Section 8 of the Regulations is amended by adding the following after subsection (3):
(3.1) No person shall use, sell or offer for sale any HCFC imported or manufactured under a consumption allowance or a permit issued under paragraph 33(1)(d) for any sector other than the authorized sector set out in the consumption allowance or the permit.
7. Subparagraph 9(a)(i) of the Regulations is replaced by the following:
(i) destroy that quantity at a facility operated in accordance with the standards referred to in subsection 5(4), or
8. Section 10 of the Regulations is amended by adding the following after subsection (3):
(3.1) For the purpose of calculating a person's initial consumption allowance of HCFCs for a year set out in subsection (3), a person's calculated level of consumption for a year cannot be less than zero.
(3.2) When a person's calculated level of consumption for a year exceeds the person's consumption allowance for that year, the excess shall not be included when calculating the person's initial consumption allowance for subsequent years.
9. Subsection 15(2) of the Regulations is replaced by the following:
(2) If a person destroys a controlled substance within a group at a facility operated in accordance with the standards referred to in subsection 5(4), or uses a controlled substance within a group as feedstock, the person's calculated level of production for the group is reduced by the quantity so destroyed or used.
10. Subsections 16(1) to (3) of the Regulations are replaced by the following:
16. (1) Every person who in a year has a consumption allowance or a permit issued under these Regulations shall submit to the Minister, in the form approved by the Minister,
(a) in the case of a recovered, recycled, reclaimed or used controlled substance other than methyl bromide, a quarterly report and a copy of the Canada Customs and Revenue Agency declaration of imports or exports, if applicable; and
(b) in any other case, an annual report.
11. Section 18 of the Regulations is amended by adding the following after subsection (1):
(1.1) No person shall use, sell or offer for sale any CFC, bromofluorocarbon, tetrachloromethane or 1,1,1-trichloroethane that is recovered from a product in which the substance was used for a purpose set out in column 3 of Schedule 3 for any other purpose.
12. (1) Subsection 20(3) of the Regulations is replaced by the following:
(3) Section 18 does not apply in respect of products that are imported and that are personal or household effects intended for the importer's personal use only.
(2) Subsection 20(4) of the English version of the Regulations is replaced by the following:
(4) Subsection 18(1) and paragraph 19(a) do not apply in respect of a product that is used as an animal or human health care product, including any bronchial dilator, inhalable steroid, topical anaesthetic and veterinary powder wound spray.
13. (1) Paragraph 23(3)(f) of the Regulations is replaced by the following:
(f) a rigid foam product;
(2) Paragraph 23(3)(g) of the French version of the Regulations is replaced by the following:
g) les lubrifiants, enduits et agents de nettoyage d'usage commercial pour le matériel électrique ou électronique, ou pour l'entretien d'aéronefs, avant le 1er janvier 2001;
(3) Subsection 23(4) of the English version of the Regulations is replaced by the following:
(4) Subsections (1) and (2) do not apply in respect of a product that is used as an animal or human health care product, including any bronchial dilator, inhalable steroid, topical anaesthetic and veterinary powder wound spray.
14. Paragraph 24(2)(a) of the Regulations is replaced by the following:
(a) a rigid foam product; or
15. (1) The portion of paragraph 33(1)(a) of the French version of the Regulations before subparagraph (i) is replaced by the following:
a) s'il s'agit d'une substance contrôlée récupérée, recyclée, régénérée ou déjà utilisée, délivre le permis visé à l'alinéa 32a) à la condition que le demandeur lui fournisse les documents attestant la nature de la substance et que, selon le cas :
(2) Subparagraph 33(1)(a)(iii) of the Regulations is replaced by the following:
(3) Subparagraph 33(1)(a)(v) of the Regulations is replaced by the following:
(4) Subsection 33(1) of the Regulations is amended by adding the following after paragraph (a):
(a.1) issue the permit referred to in paragraph 32(a) if the controlled substance is for destruction;
(5) Paragraph 33(1)(b) of the English version of the Regulations is replaced by the following:
(b) issue the permit referred to in paragraph 32(b) but, in the case of a recovered, recycled, reclaimed or used controlled substance, only if the applicant submits documentation confirming the nature of the substance;
(6) Paragraph 33(1)(f) of the Regulations is replaced by the following:
(f) issue the permit referred to in paragraph 32(f) if the applicant provides evidence that the controlled substance or the product is to be used for an essential purpose.
(7) Subsection 33(4) of the Regulations is replaced by the following:
(4) A permit issued under this section is effective for the period beginning on the date of the permit's issuance and ending at the end of the year in which it is issued.
16. (1) The portion of subsection 34(1) of the Regulations before paragraph (a) is replaced by the following:
34. (1) Any application for an adjustment, transfer or permit and any report or notice submitted under these Regulations shall
(2) Paragraph 34(1)(b) of the Regulations is replaced by the following:
(b) in any other case, be signed by the person making the application or submitting the report or notice, or by a person authorized to act on behalf of that person; and
17. Section 39 of the Regulations is repealed.
18. (1) The portion of paragraph 1(b) of Schedule 1 to the Regulations in column 2 is replaced by the following:
Item |
Column 2 Years |
|---|---|
| 1. | (b) 1998, 1999 and 2000 |
(2) Item 1 of Schedule 1 to the Regulations is amended by adding, in columns 2 and 3, the following after paragraph (b):
Item |
Column 2 Years |
Column 3 Percentage |
|---|---|---|
| 1. | (c) 2001 and 2002 | 50% |
| (d) 2003 and 2004 | 30% |
19. Schedule 2 to the Regulations is amended by adding the following after item 15:
Item |
Column 1 Group of Controlled Substances |
Column 2 Controlled Substance |
Column 3 Ozone-depleting Potential |
|---|---|---|---|
| 16. | 10 | Bromochloromethane (Halon 1011) |
0.12 |
20. Schedule 3 to the Regulations is amended by replacing the reference to "(Subsections 7(2) and 8(5), section 9, subsection 17(2) and section 32)" after the heading "SCHEDULE 3" with a reference to "(Subsections 7(2) and 8(5), section 9, subsections 17(2) and 18(1.1) and section 32)".
21. Item 5 of Schedule 3 to the Regulations is amended by adding, in column 3, the following after paragraph (d):
Item |
Column 3 Purpose |
|---|---|
| 5. | (e) critical use |
| (f) emergency use |
22. Schedule 3 to the Regulations is amended by adding the following after item 6:
Item |
Column 1 Group of Controlled Substances |
Column 2 Controlled Substance |
Column 3 Purpose |
|---|---|---|---|
| 7. | 10 | Bromochloromethane (Halon 1011) |
(a) essential use |
| (b) analytical standard |
23. Schedule 4 to the Regulations is amended by adding the following after item 7:
Item |
Column 1 Group of Controlled Substances |
Column 2 Date of Prohibition |
|---|---|---|
| 7.1 | Group 8 | Jan. 1, 2005 |
| Methyl bromide |
24. Schedule 4 to the Regulations is amended by adding the following after item 9:
Item |
Column 1 Group of Controlled Substances |
Column 2 Date of Prohibition |
|---|---|---|
| 10. | Group 10 | |
| Bromochloromethane (Halon 1011) |
January 1, 2002 |
25. Section 1 of Schedule 5 to the Regulations is amended by adding the following after paragraph (a):
(a.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant;
26. Paragraph 2(a) of Schedule 5 to the Regulations is amended by adding the following after subparagraph (i):
27. Paragraph 3(a) of Schedule 5 to the Regulations is amended by adding the following after subparagraph (i):
28. (1) Paragraph 4(a) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i) and by adding the following after that subparagraph:
(2) Subparagraphs 4(b)(ii) and (iii) of Schedule 5 to the Regulations are replaced by the following:
(iii) estimated date of export;
(3) Paragraph 4(c) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i), by adding the word "and" at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(4) Subparagraph 4(d)(i) of Schedule 5 to the Regulations is replaced by the following:
(5) Paragraph 4(d) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (ii) and by replacing subparagraph (iii) with the following:
(iv) evidence that the controlled substance will be exported within six months after its importation; and
(6) Paragraph 4(e) of Schedule 5 to the Regulations is replaced by the following:
(e) declaration of understanding by the applicant that information may be released to the Party of export or import.
29. (1) Paragraph 5(a) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i) and by adding the following after that subparagraph:
(2) Paragraph 5(d) of Schedule 5 to the Regulations is replaced by the following:
(d) declaration of understanding by the applicant that information may be released to the Party of import or export.
30. Paragraph 6(a) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i) and by adding the following after that subparagraph:
31. (1) The portion of paragraph 7(b) of Schedule 5 to the English version of the Regulations before subparagraph (i) is replaced by the following:
(b) information respecting the recipients, namely,
(2) Paragraph 7(b) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i) and by adding the following after that subparagraph:
(3) The portion of paragraph 7(d) of Schedule 5 to the Regulations before subparagraph (i) is replaced by the following:
(d) information respecting the recipient and the controlled substance, namely,
32. Paragraph 8(a) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i) and by adding the following after that subparagraph:
33. (1) Paragraph 9(a) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i) and by adding the following after that subparagraph:
(2) Paragraph 9(d) of Schedule 5 to the Regulations is replaced by the following:
(d) declaration of understanding by the applicant that information may be released to the Party of export or import.
34. (1) The portion of section 10 of Schedule 5 to the Regulations before paragraph (a) is replaced by the following:
10. Application for a permit for an essential purpose:
(2) Paragraph 10(a) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i) and by adding the following after that subparagraph:
(3) Subparagraph 10(b)(ii) of Schedule 5 to the Regulations is replaced by the following:
(4) Section 10 of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of paragraph (a) and by adding the following after paragraph (b):
(c) information respecting the origin and the destination of the controlled substance or product, namely,
(ii) country of export of the controlled substance or product, and
(iii) origin of the controlled substance or product.
35. Paragraph 11(a) of Schedule 5 to the Regulations is amended by adding the following after subparagraph (i):
36. (1) Paragraph 12(a) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i) and by adding the following after that subparagraph:
(2) Paragraph 12(b) of Schedule 5 to the Regulations is amended by striking out the word "and" at the end of subparagraph (i), by adding the word "and" at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(3) Section 12 of Schedule 5 to the Regulations is amended by adding the following after paragraph (b):
(b.1) information respecting the recipient of each shipment, namely
(i) name, address and telephone and fax number, and
(ii) quantity to be sold or otherwise supplied to the recipient;
(4) The portion of paragraph 12(c) of Schedule 5 to the Regulations before subparagraph (i) is replaced by the following:
(c) information respecting the reclamation or destruction facility, namely,
37. Schedule 5 to the Regulations is amended by adding the following after section 12:
13. Notice of shipment in transit:
(a) information respecting the person submitting the notice, namely,
(ii) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the person submitting the notice;
(b) information respecting the controlled substance, namely,
(ii) quantity,
(iii) estimated date of entry into Canada,
(iv) estimated date of exit from Canada, and
(v) condition of the controlled substance;
(c) name, address and telephone and fax number of each carrier of the controlled substance;
(d) name, address and telephone and fax numbers of the Custom broker in Canada;
(e) information respecting the origin of the controlled substance, namely,
(ii) countries through which the controlled substance has transited,
(iii) port of entry into Canada, and
(iv) name, address and telephone and fax numbers of sender;
(f) information respecting the destination, namely,
(ii) country of destination, and
(iii) name, address and telephone and fax numbers of recipient; and
(g) if known at the time the notice is submitted, information respecting the storage in Canada of the controlled substance, namely,
(ii) name, address and telephone and fax numbers of the person responsible for the storage of the controlled substance in Canada, and
(iii) expected duration of storage in Canada.
38. Subsection 3(1) of Schedule 6 to the Regulations is amended by adding the following after paragraph (b):
(b.1) where the controlled substance is recovered, recycled, reclaimed or used, the origin of the controlled substance, and the name and address of the recovering, recycling or reclamation facility;
COMING INTO FORCE
39. These Regulations come into force on the day on which they are registered.
N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2001-1, Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999.
S.C. 1999, c. 33
S.C. 1999, c. 33
SOR/99-7
SOR/2000-102
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