Canada Gazette, Part I, Volume 150, Number 1: GOVERNMENT NOTICES
January 2, 2016
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice with respect to hydrofluorocarbons in bulk
Pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999, notice is hereby given that the Minister of the Environment requires, for the purpose of assessing whether the substances described in Schedule 1 to this notice are toxic or are capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control the listed substances, any person described in Schedule 2 to this notice who possesses or who may reasonably be expected to have access to the information described in Schedule 3 to this notice, to provide that information no later than March 2, 2016, 5 p.m., Eastern Standard Time.
Responses to this notice shall be submitted to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, Gatineau, Quebec K1A 0H3. Inquiries concerning the notice may be directed to the Substances Management Coordinator at the above-mentioned address or at 1-800-567-1999 (toll-free in Canada), 819-938-3232 (outside of Canada) [telephone], 819-938-5212 (fax), or ec.substances.ec@canada.ca (email).
Pursuant to section 313 of the Act, any person who provides information in response to this notice may submit, with the information, a written request that the information or part of it be treated as confidential.
Pursuant to subsection 71(4) of the Act, the Minister of the Environment may, on request in writing from any person to whom this notice applies, extend the time or times within which the person shall comply with this notice. The person seeking such extension shall submit, prior to the deadline, a request to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, Gatineau, Quebec K1A 0H3, 819-938-5212 (fax), ec.substances.ec@canada.ca (email).
VIRGINIA POTER
Director General
Industrial Sectors, Chemicals and Waste Directorate
DAVID MORIN
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment
SCHEDULE 1
Substances
Hydrofluorocarbons that have the molecular formula CnHxF(2n+2-x) in which 0<n<6 include, but are not limited to, the substances listed in the table below.
| CAS RN (see reference *) | Name of the substance | Synonym (see reference **) |
|---|---|---|
| 75-10-5 | difluoromethane (methylene fluoride) | HFC-32 |
| 75-37-6 | 1,1-difluoroethane | HFC-152a |
| 75-46-7 | trifluoromethane | HFC-23 |
| 353-36-6 | fluoroethane (ethyl fluoride) | HFC-161 |
| 354-33-6 | 1,1,1,2,2-pentafluoroethane | HFC-125 |
| 359-35-3 | 1,1,2,2-tetrafluoroethane | HFC-134 |
| 406-58-6 | 1,1,1,3,3-pentafluorobutane | HFC-365mfc |
| 420-46-2 | 1,1,1-trifluoroethane | HFC-143a |
| 430-66-0 | 1,1,2-trifluoroethane | HFC-143 |
| 431-63-0 | 1,1,1,2,3,3-hexafluoropropane | HFC-236ea |
| 431-89-0 | 1,1,1,2,3,3,3-heptafluoropropane | HFC-227ea |
| 460-73-1 | 1,1,1,3,3-pentafluoropropane | HFC-245fa |
| 593-53-3 | fluoromethane (methyl fluoride) | HFC-41 |
| 624-72-6 | 1,2-difluoroethane | HFC-152 |
| 677-56-5 | 1,1,1,2,2,3-hexafluoropropane | HFC-236cb |
| 679-86-7 | 1,1,2,2,3-pentafluoropropane | HFC-245ca |
| 690-39-1 | 1,1,1,3,3,3-hexafluoropropane | HFC-236fa |
| 811-97-2 | 1,1,1,2-tetrafluoroethane | HFC-134a |
| 2252-84-8 | 1,1,2,2,3,3,3-heptafluoropropane | HFC-227ca |
| 138495-42-8 | 1,1,1,2,2,3,4,5,5,5-decafluoropentane | HFC-43-10mee |
- Reference *
CAS RN: Chemical Abstracts Service Registry Number. The Chemical Abstracts Service information is the property of the American Chemical Society, and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society. - Reference **
Synonyms are provided to assist in identifying the substances subject to the notice. Other synonyms may also exist for the substances.
SCHEDULE 2
Persons Required to Provide Information
- 1. This notice applies to any person who, during either the 2013 or 2014 calendar years, manufactured a total quantity greater than 100 kg of a substance set out in Schedule 1 to this notice, at a concentration equal to or above 1% by weight (w/w%).
- 2. This notice applies to any person who, during either the 2013 or 2014 calendar years, imported a total quantity greater than 100 kg of a substance, in bulk, set out in Schedule 1 to this notice, whether alone or in a mixture, at a concentration equal to or above 1% by weight (w/w%).
- 3. This notice applies to any person who, during either the 2013 or 2014 calendar years, exported a total quantity greater than 100 kg of a substance, in bulk, set out in Schedule 1 to this notice, whether alone or in a mixture, at a concentration equal to or above 1% by weight (w/w%).
- 4. (1) This notice does not apply to a substance set out in Schedule 1 that
- (a) is in transit through Canada; or
- (b) is, or is contained in, a hazardous waste or hazardous recyclable material within the meaning of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations and that was imported in 2013 or 2014 pursuant to a permit issued under those Regulations.
- 4. (2) For greater certainty, this notice does not apply to a substance set out in Schedule 1 that is contained in
- (a) pre-charged equipment, including but not limited to mobile or stationary refrigeration systems, mobile or stationary air conditioning systems;
- (b) consumer aerosols;
- (c) foam products, including but not limited to insulating foam materials, pre-blended polyols, pre-polymers, flexible foams used for packaging, cushioning, buoyancy and furniture;
- (d) fire suppression systems; or
- (e) fire extinguishing systems.
- 5. Respondents to this notice who
- (a) manufactured or imported the substance in Schedule 1 alone shall provide the information requested in sections 3 and 6 of Schedule 3;
- (b) imported the substance in Schedule 1 in a mixture designated by a specific ASHRAE (see footnote 1) number (R-#) shall provide the information requested in sections 4 and 6 of Schedule 3;
- (c) imported the substance in Schedule 1 in a mixture not designated by a specific ASHRAE number (R-#) shall provide the information requested in sections 5 and 6 of Schedule 3;
- (d) exported the substance in Schedule 1 alone shall provide the information requested in section 3 of Schedule 3;
- (e) exported the substance in Schedule 1 in a mixture designated by a specific ASHRAE number (R-#) shall provide the information requested in section 4 of Schedule 3; or
- (f) exported the substance in Schedule 1 in a mixture not designated by a specific ASHRAE number (R-#) shall provide the information requested in sections 5 of Schedule 3.
SCHEDULE 3
Information Required
- 1. The definitions in this section apply in this notice.
- “in bulk” refers to a substance, whether alone or in a mixture, that is in a container intended for transportation or storage.
- “manufacture” includes to produce or to prepare a substance.
- “mixture” means a combination of substances that does not produce a substance that is different from the substances that were combined, including a prepared formulation, hydrate, and reaction mixture that are fully characterized in terms of their constituents.
- 2. (1) If the person subject to the notice is a company that owns more than one facility, a single response to the notice shall be submitted. The single response shall amalgamate the information from all facilities owned by the company for each applicable question in the notice.
- 2. (2) A person subject to the notice shall submit information with respect to their involvement with a substance listed in Schedule 1, whether alone or in a mixture, in bulk form only.
- 3. For each of the 2013 and 2014 calendar years that a person manufactured, imported or exported a substance set out in Schedule 1 alone, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:
- (a) the year of reference;
- (b) each available identifier of the substance:
- (i) CAS RN,
- (ii) Name, or
- (iii) Synonym; and
- (c) the total quantity of the substance that was manufactured, imported into Canada or exported from Canada, reported in kilograms (rounded to two significant digits).
- 4. For each of the 2013 and 2014 calendar years that a person imported or exported a substance set out in Schedule 1 in a mixture designated by a specific ASHRAE number (R-#), for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:
- (a) the year of reference;
- (b) the ASHRAE number (R-#) of the mixture containing the substance set out in Schedule 1; and
- (c) the total quantity of the mixture containing the substance that was imported into Canada or exported from Canada, reported in kilograms (rounded to two significant digits).
- 5. (1) For each of the 2013 and 2014 calendar years that a person imported or exported a substance set out in Schedule 1 in a mixture not designated by a specific ASHRAE number (R-#), for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:
- (a) the year of reference;
- (b) each available identifier of the mixture, not designated by a specific ASHRAE number (R-#), containing the substance:
- (i) Name,
- (ii) Common or generic name, or
- (iii) Synonym; and
- (c) the total quantity of the mixture containing the substance that was imported into Canada or exported from Canada, reported in kilograms (rounded to two significant digits).
- 5. (2) For each mixture identified in paragraph (1)(b), the person shall provide the following information:
- (a) one of the identifiers of the mixture provided in paragraph 1(b);
- (b) each available identifier of the substance set out in Schedule 1 contained in the mixture, at a concentration equal to or above 1% by weight (w/w%):
- (i) CAS RN,
- (ii) Name, or
- (iii) Synonym; and
- (c) for each substance listed in paragraph 5(2)(b), the concentration, or range of concentrations, by weight (w/w%) in the mixture.
- 6. (1) For each of the 2013 and 2014 calendar years that a person manufactured or imported a substance set out in Schedule 1, whether alone or in a mixture, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:
- (a) the year of reference;
- (b) the CAS RN of the substance or the ASHRAE number (R-#) or name of the mixture; and
- (c) the End Use Codes set out in section 7 that apply to the known or anticipated final use of the substance or mixture.
- 6. (2) Where End Use Code 1.5, 2.4, 3.4, 4.4, 5.5, 6.5, 7.5, 8.3, 9.3 or 999 is applicable for paragraph (1)(c), a written description must be provided.
- 7. For the purpose of section 6, the following table sets out the End Use Codes and their corresponding applications:
| End use code | End use application |
|---|---|
| 1.0 | Aerosol |
| 1.1 | Personal care, pharmaceutical and medical product |
| 1.2 | Household product |
| 1.3 | Laboratory product |
| 1.4 | Commercial/Industrial product |
| 1.5 | Other aerosol (specify) |
| 2.0 | Blowing agent in foams |
| 2.1 | Cushioning — automobiles and other (furniture, mattresses, etc.) |
| 2.2 | Thermal insulation |
| 2.3 | Packaging |
| 2.4 | Other blowing agent in foams (specify) |
| 3.0 | Air conditioning (original equipment manufacture) |
| 3.1 | Air conditioner units in motor vehicles |
| 3.2 | Chillers (specify centrifugal or reciprocating) |
| 3.3 | Residential (air conditioners, dehumidifiers, etc.) |
| 3.4 | Other air conditioning (original equipment manufacture) [specify] |
| 4.0 | Air conditioning (service/maintenance) |
| 4.1 | Air conditioner units in motor vehicles |
| 4.2 | Chillers (specify centrifugal or reciprocating) |
| 4.3 | Residential (air conditioners, dehumidifiers, etc.) |
| 4.4 | Other air conditioning (service/maintenance) [specify] |
| 5.0 | Refrigeration (original equipment manufacture) |
| 5.1 | Commercial transport |
| 5.2 | Commercial and institutional (retail foods, vending machines, etc.) |
| 5.3 | Industrial (warehouses, process equipment, etc.) |
| 5.4 | Residential (freezers, refrigerators, etc.) |
| 5.5 | Other refrigeration (original equipment manufacture) [specify] |
| 6.0 | Refrigeration (service/maintenance) |
| 6.1 | Commercial transport |
| 6.2 | Commercial and institutional (retail foods, vending machines, etc.) |
| 6.3 | Industrial (warehouses, processes, etc.) |
| 6.4 | Residential (refrigerators, freezers, etc.) |
| 6.5 | Other refrigeration (service/maintenance) [specify] |
| 7.0 | Solvent |
| 7.1 | Electronic industry |
| 7.2 | Metal cleaning/drying |
| 7.3 | Dry cleaning |
| 7.4 | Laboratory solvent |
| 7.5 | Other solvent (specify) |
| 8.0 | Fire suppression/Extinguishing systems (original equipment manufacture) |
| 8.1 | Portable (mobile) systems |
| 8.2 | Total flooding (fixed) systems |
| 8.3 | Other fire suppression/Extinguishing systems (original equipment manufacture) [specify] |
| 9.0 | Fire suppression/Extinguishing systems (service/maintenance) |
| 9.1 | Portable (mobile) systems |
| 9.2 | Total flooding (fixed) systems |
| 9.3 | Other fire suppression/Extinguishing systems (service/maintenance) [specify] |
| 10.0 | Miscellaneous |
| 10.1 | Hospital/Institutional sterilizing mixtures |
| 10.2 | Leak testing |
| 999 | Other (specify) — For a substance with an application not otherwise described in this table, a written description of the substance application must be provided when using this code. |
EXPLANATORY NOTE
(This note is not part of the notice.)
The Montreal Protocol on Substances that Deplete the Ozone Layer was signed on September 16, 1987, in Montréal, Quebec. It is credited with major accomplishments in reducing the consumption and production of ozone-depleting substances (ODSs) globally. Hydrofluorocarbons (HFCs) were considered as long-term substitutes to ODSs. As a result, HFCs are increasingly used in applications that traditionally used ODSs. Although it is recognized that HFCs are not ODSs, their increased use is a direct consequence of the implementation of the Montreal Protocol.
In June 1992, Canada was one of over 150 countries to sign the United Nations Framework Convention on Climate Change (UNFCCC) at the United Nations Conference on Environment and Development (Earth Summit) held in Rio de Janeiro. Canada became the eighth country to ratify the Convention, which entered into force on March 21, 1994. The Convention sets an objective of stabilizing greenhouse gas concentrations in the atmosphere at a level that prevents dangerous human-induced interference with the Earth's climate system. HFCs, a class of compounds with intrinsic global-warming potential, are included as one of the six key greenhouse gases covered by the UNFCCC.
Since 2009, Canada, in collaboration with the United States and Mexico, has been promoting the control of HFCs under the Montreal Protocol by co-sponsoring a proposal to amend the Protocol to incorporate a phase-down of HFCs in both industrialized and developing countries. In November 2015, Parties to the Protocol agreed to work within the Protocol to an HFC amendment in 2016. Global action on HFCs will limit the growth of these powerful greenhouse gases and provide important climate benefits.
This notice requires information specifically on HFCs for the 2013 and 2014 calendar years. The information will assist the Government of Canada to better define current applications and quantities of these substances to inform Canada's position on potential control strategies, including at the international level.
Pursuant to subsection 71(3) of the Act, every person to whom this notice applies is required to comply with this notice within the time specified in the notice. The deadline specified in this notice is March 2, 2016, 5 p.m., Eastern Standard Time.
Persons not subject to this notice, who have a current or future interest in a substance set out in Schedule 1 to this notice, may identify themselves as a “stakeholder” for the substance by completing the voluntary Declaration of Stakeholder Interest using the online reporting system via Environment Canada's Single Window. The person may be contacted for further information regarding their interest in these substances. The online reporting system is available from the Chemical Substances Web site at www. chemicalsubstanceschimiques.gc.ca.
Persons who do not meet the requirements to respond and have no commercial interest in the substances covered by this notice may submit a Declaration of Non-Engagement for the notice using the online reporting system via Environment Canada's Single Window. The online reporting system is available from the Chemical Substances Web site at www.chemicalsubstanceschimiques.gc.ca.
The Minister of the Environment is also inviting interested stakeholders to submit additional information that is deemed beneficial. Organizations that may be interested in submitting additional information in response to this invitation include those that manufacture, import, export or use these substances whether alone, in a mixture, in a product or in a manufactured item.
Compliance with the Act is mandatory pursuant to subsections 272(1) and 272.1(1) of the Act. Amendments to the fine scheme of the Act came into force on June 22, 2012. Subsections 272(2), (3) and (4) and 272.1(2), (3) and (4) of the Act set the penalties for persons who commit an offence under the Act. Offences include the offence of failing to comply with an obligation arising from the Act and the offence of providing false or misleading information. The maximum possible fine is $12 million and it may be imposed by a court upon conviction of a corporation that was prosecuted by way of indictment and was found to have committed a similar offence in the past.
The current text of the Act, including the most recent amendments, is available on the Department of Justice Canada Web site at http://laws-lois.justice.gc.ca/eng/acts/C-15.31/.
The Act is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999, available at www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=5082BFBE-1. Suspected violations under the Act can be reported to the Enforcement Branch by email at environmental.enforcement@ec.gc.ca.
Responses to the notice must be provided no later than March 2, 2016, 5 p.m., Eastern Standard Time, using the online reporting system available through Environment Canada's Single Window or to the attention of the Substances Management Coordinator, Chemicals Management Plan, Gatineau, Quebec K1A 0H3, at ec.substances.ec@canada.ca (email) or 819-938-5212 (fax).
An electronic copy of this notice is available at the following Web site: www.chemicalsubstanceschimiques.gc.ca.
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DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2015-87-13-02 Amending the Non-domestic Substances List
Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote b);
Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote c), makes the annexed Order 2015-87-13-02 Amending the Non-domestic Substances List.
Gatineau, December 17, 2015
CATHERINE MCKENNA
Minister of the Environment
ORDER 2015-87-13-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST
AMENDMENT
1. Part I of the Non-domestic Substances List (see footnote 2) is amended by deleting the following:
- 53605-94-0
- 179005-14-2
- 390748-76-2
COMING INTO FORCE
2. This Order comes into force on the day on which Order 2015-87-13-01 Amending the Domestic Substances List comes into force.
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DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
| Name and position | Order in Council |
|---|---|
| Duncan, Dwight Douglas | 2015-1302 |
| Windsor-Detroit Bridge Authority | |
| Chairperson on interim basis | |
| Government of Quebec | 2015-1296 |
| Administrators | |
| Giroux, The Hon. Lorne | |
| January 10 to January 25, 2016 | |
| Pelletier, The Hon. François | |
| January 4 to January 9, 2016 | |
| Fichaud, The Hon. Joel E. | 2015-1295 |
| Government of Nova Scotia | |
| Administrator | |
| December 23 to December 27, 2015 | |
| Judicial Compensation and Benefits Commission | |
| Chaiperson | |
| Rémillard, Gil | 2015-1299 |
| Members | |
| Bloodworth, Margaret | 2015-1300 |
| Griffin, Peter Herbert | 2015-1301 |
| PricewaterhouseCoopers LLP | 2015-1298 |
| Audit the affairs and perform the annual audits | |
| Bank of Canada | |
| Slade, The Hon. Harry A. | 2015-1297 |
| Specific Claims Tribunal | |
| Full-time Chairperson | |
| Smith, The Hon. Heather J. | 2015-1277 |
| Government of Ontario | |
| Administrator | |
| January 1 to January 15, 2016 |
December 21, 2015
DIANE BÉLANGER
Official Documents Registrar
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