517/2014- hereinafter referred to as the F-gas Regulation) which came into force on 1 st January 2015 and repealed F-gas Regulation (5) If the Minister has allowed a transfer and subsequently discovers that the transferee breached the undertaking referred to in paragraph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. In 2018 Fort Hood sponsored an effort to prepare an Ozone Depleting Substances (ODS) Standard Operating Procedure (SOP). 68 An application for a permit must be submitted to the Minister and contain the information and documents required by the following sections of Schedule 5: (a) in the case of exportation, section 1 or 2; (b) in the case of importation, section 3; (c) in the case of manufacture, section 4; (d) in the case of an emergency use or a critical use of methyl bromide, section 5; and. China takes aim at ozone depleting substances. (ii) as feedstock or for a laboratory or analytical use. It is established that continued emissions of ozone-depleting substances (ODS) cause significant damage to the ozone layer. Regulations are current to 2021-09-11 and last amended on 2016-12-30. Marginal note:Annual consumption allowance for HFCs not to be exceeded. (ii) the CAS registry number of the substance, if such a number can be assigned, (iii) the quantity to be manufactured, used, sold, imported or exported, and, (iv) the use for which the substance or the product is required and information on how the intended use meets the definition of essential purpose in subsection 66(2); and. On August 8, (a) a mould release agent used in the manufacture of plastic and elastomeric materials; (b) a spinneret lubricant or cleaning agent used in the manufacture of synthetic fibres; (d) a fire-extinguishing agent used in equipment for non-residential applications; (g) refrigerant 412A (HCFC-22/HCFC-142b/octafluoropropane); or. 1 Application for a transfer of a consumption allowance: (a) information respecting the transferor and transferee: (i) their names, civic and postal addresses, telephone numbers and, if any, email addresses and fax numbers; (ii) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on the transferor’s or transferee’s behalf; and, (iii) if applicable, their business number assigned by the Minister of National Revenue; and, (i) the portion of the transferor’s unused consumption allowance to be transferred, and. The list should include name of ODS, type and location of equipment, quantity in kg and date. (traitement en quarantaine), 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. rigid foam product means a product containing or consisting 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; (d) closed-cell rigid polyethylene foam that is suitable in shape, thickness and design to be used as a product that provides thermal insulation in heating, plumbing or refrigeration systems or industrial processes. The ozone-depleting potential of each HBFC is the value indicated for it in Annex C of the Protocol or, if a range of values is indicated, the highest value in the range. (HCFCs). Marginal note:Refilling or servicing — foreign ship. 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. A person who reclaims or destroys any ozone depleting substances must ensure that the substances are not released into the environment. See ozone depleting substance. Marginal note:Substances in transit — information to be provided. Environment Canada will be drafting proposed regulatory revisions to the Ozone-depleting Substances Regulations, 1998 and its subsequent amendments (the Regulations) to ensure Canada will achieve the accelerated phase-out of hydrochlorofluorocarbons (HCFCs) as decided by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) at the 19th Meeting of . Enabling power: European Union (Withdrawal) Act 2018, ss. 8 (1), 8C (1), sch. 7, para. 21. Enabling power: European Communities Act 1972, s 2 (2), sch. 2, para 1A. Ozone Depleting Substances Regulations, 2003 (L.N. Application. Marginal note:Exception — personal or household effects. (2) The base consumption granted to a person is determined as follows: Marginal note:Permanent or temporary transfer. (Partie), 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. (mousse plastique), 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. Marginal note:Calculation of consumption allowance. 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. 8 Information respecting the recipient of the substance or of the product containing or designed to contain the substance: (a) their name and civic and postal addresses; and. 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. Marginal note:Information to be submitted to Minister. 64.4 (1) As of the date indicated in column 3 of Schedule 1.1, it is prohibited for any person to import any product set out in that Schedule that contains or is designed to contain an HFC that is set out in Table 4 of Schedule 1 and is to be used as a refrigerant, if the global warming potential of the refrigerant used in that product is greater than the specified limit in Schedule 1.1. (utilisation en laboratoire ou à des fins d’analyse), 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. (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. The IMO has amended MARPOL Annex VI Regulation 12 regarding ozone depleting substances. (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. (2) A person who has retired their consumption allowance is not entitled to any further consumption allowance. (a) the quantity of each substance that was purchased from Canadian suppliers, expressed in kilograms and as a calculated level, and the names and civic addresses of the Canadian suppliers; (c) the quantity, expressed in kilograms and as a calculated level, of each substance that was used, and a description of its use; (d) the quantity, expressed in kilograms and as a calculated level, of each substance that was sold for one of the uses set out in column 3 of Table 1, 2 or 3 of Schedule 1 and the names and civic addresses of the purchasers; and. (iv) the use for which it is manufactured; (c) information respecting the purchaser of the substance: (i) their name, civic and postal addresses, telephone number and, if any, email address and fax number in Canada, and, (ii) the quantity sold to each purchaser in Canada; and. 3 The consumption allowance granted for HCFCs. Enabling power: European Communities Act 1972, s 2 (2). 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. (utilisation critique), Decision means a decision adopted at a meeting of the Parties held under Article 11 of the Protocol. (2) A permit may also be issued to import, regardless of purpose, a bromofluorocarbon or bromochlorodifluoromethane that is recovered, recycled or reclaimed. Enabling power: European Communities Act 1972, s. 2 (2) & Environmental Protection Act 1990s. 140 (1) (2) (3) (b) (4) (9) & (as regards Scotland) Scotland Act 1998, s. 57 (2). Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act; Return to footnote cS.C. However, the recovery of the ozone layer to the concentrations level 7671k, to the maximum extent practicable, as provided in 40 CFR 82.84(a)(1), except in the case of Class I substances being used for specified essential uses, as identified under 40 CFR 82.4(n); Marginal note:Calculated level of consumption. (e) as of January 1, 2036, by multiplying the base consumption granted to that person by 15%. (b) if applicable, the name, title, civic and postal addresses, telephone number and, if any, email address and fax number of the person authorized to act on the transferor’s or transferee’s behalf. (2) Subsection (1) does not apply to a person’s personal effect that contains a plastic foam or a rigid foam product. 54 (1) A person in possession of an HCFC set out in Table 3 of Schedule 1 that was imported or manufactured under a permit issued under these Regulations and that is no longer needed for the use set out in that permit must, within six months after the day on which it is no longer needed, (b) ensure that it is exported for destruction, for use as a feedstock or for a laboratory or analytical use; or. O. Reg. Marginal note:Six months after publication. 23 It is prohibited for any person to import methyl bromide without a permit issued under these Regulations. No person shall make or use an ozone depleting substance or a thing or product that contains, or for its use or operation requires, an ozone depleting substance, except in accordance with this Act or the regulations. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. 463/10, s. 16 (1). (2) Subsection (1) does not apply to a product that is a personal or household effect for the person’s personal use. 65.05 A person in possession of an HFC set out in Table 4 of Schedule 1 that was imported or manufactured under a permit issued under these Regulations and that is no longer needed for the use set out in that permit must, within six months after the day on which it is no longer needed, (b) ensure that it is exported for destruction, for use as feedstock or for a laboratory or analytical use; or. Applicable regulations include: The Regulation for the Management of High Global Warming Potential Refrigerants for Stationary Sources - CARB. (b) a declaration by the fumigator specifying the quantity, the civic address of the location of use and the date of each application for the holder of the emergency use or the critical use permit for methyl bromide. (b) products containing a CFC set out in Table 1 of Schedule 1 that is supplied in a container of 3 L or less for a laboratory or analytical use. There is clear evidence of a decrease in the atmospheric burden of ODS and some early signs of strato­ spheric ozone recovery have been observed. 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: (b) information respecting the substance or the product: (i) the name of the substance or the product. In accordance with a determination by the Director of the Office of Management and Budget (OMB) that the direct final rule (``Use of Ozone Depleting Substances'') published on October 26, 2016, is excluded from the memorandum of January 20, 2017, from the Assistant to the President and Chief of. The depleting ozone layer is recovering. Marginal note:Calculation of base consumption. (ii) if the substance is recovered, recycled or reclaimed, the name of any person who participated in any of these steps, as well as their civic and postal addresses, telephone number and, if any, email address and fax number; (d) information respecting the destination of the substance: (ii) the name, civic and postal addresses, telephone number and, if any, email address and fax number of the importer of each shipment, and. (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. 4 The name, civic and postal addresses, telephone number and, if any, email address and fax number of the customs broker in Canada. 11 (1) The permit may only be issued to import the substance from a Party for one of the following purposes: (b) a use set out in column 3 of Table 1 of Schedule 1; (c) its reclamation, if the substance is a CFC, tetrachloromethane, 1,1,1-trichloroethane, an HBFC or bromochloromethane that is recovered, recycled or reclaimed. Marginal note:Exception — consumption or manufacturing allowance. 152, No. (ii) any alternatives to its use and the reasons they are not technically, economically or otherwise feasible. 66 (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), subsections 64.4(1), 64.5(1) and 64.6(1), sections 65.02 and 65.03 and subsection 65.04(1), a person may import, manufacture, use or sell a substance set out in Table 1, 3 or 4 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. (c) the expected duration of the storage. 59 (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. (3) Subsection (1) does not apply to a plastic foam or a rigid foam product that is intended to be used for military, space or aeronautical applications. (2) A permit may also be issued to import, regardless of purpose, an HCFC that is recovered, recycled or reclaimed until January 1, 2020 — or until January 1, 2030 in the case of HCFC-123. Marginal note:Transfer may be temporary or permanent. 72 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 required by Schedule 6, no later than January 31 following that year. 1 The following definitions apply in these Regulations. These Regulations prohibit: the import, export or storage a controlled substance or product listed in the First and Second Schedules without a license issued by the Swaziland Environmental Authority; import or export a . (iii) if applicable, their business number assigned by the Minister of National Revenue; (b) information respecting the substance: (ii) its CAS registry number, if such a number can be assigned, and. Marginal note:Information required by Protocol. 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: (b) its disposal if the HCFC was imported by mistake; (d) any other purpose that complies with the laws of the importing Party. CHAPTER 4 Releases of ozone-depleting substances are . The amendments to the Ozone-depleting Substances and Halocarbon Alternatives Regulations is to amend the consumption baseline value that is used to determine the HFC quantities that can . 65.01 The permit may only be issued to manufacture an HFC to be used as feedstock. 63 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. (récupérée), recycled means, in respect of a substance, recovered, cleaned through a process such as filtering or drying and reused, including reused to recharge equipment. Refrigerants are regulated as hazardous materials by the US EPA and CARB, due to their ozone depleting ability and powerful greenhouse gas potential. See coming into force provision and notes, where applicable. (2) Subsection (1) does not apply to fire-extinguishing equipment for use in aircraft, military ships or military vehicles. Despite challenges, China will endeavor to phase out ozone depleting substances and their planet-warming alternatives as required by international . Marginal note:Manufacturing allowance not to be exceeded. (2) Subsection (1) ceases to have effect on January 1, 2020 in the case of an HCFC and on January 1, 2030 in the case of HCFC-123. Marginal note:Prohibition — manufacturing products containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b. Marginal note:Temporary or permanent transfer. These Regulations prohibit: the import, export or storage a controlled substance or product listed in the First and Second Schedules without a license issued by the Swaziland Environmental Authority; import or export a . The new regulations will ban imports of phased out substances and make it mandatory for all refrigeration technicians to be trained and certified in the safe use of ozone depleting substances . The provisions in SI 2002/528 "The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002", Part III "Offences relating to contraventions of Article 5", Regulation (3) The Minister must inform the person in writing of their consumption allowance. For each ODS, this page provides the compound's atmospheric lifetime, O zone Depletion Potential zone Depletion PotentialA number that refers to the amount of ozone depletion caused by a substance. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. Marginal note:Prohibition — manufacturing substance. Despite challenges, China will endeavor to phase out ozone depleting substances and their planet-warming alternatives as required by international . 21 It is prohibited for any person to export methyl bromide without a permit issued under these Regulations. (ii) the CAS registry number, if such a number can be assigned to the substance that it contains. New Regulations under new Chapter COMAR 26.11.33 Prohibitions on Use of Certain Hydrofluorocarbons in Aerosol Propellants, Chillers, Foam, and Stationary Refrigeration End-Uses place them on the list of prohibited ozone-depleting substances under the Act. (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. 65.07 (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 HFC for a calendar year and then adding together all of their calculated levels of consumption. 61 (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. (traitement préalable à l’expédition), 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, in its most recent version. Marginal note:Prohibition — manufacturing products containing HFCs used as refrigerants. The regulation prohibits the release of ozone-depleting substances or halocarbons into the environment and the manufacture or sale of products containing such substances. 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. (viii) the civic address of the location where it will be used. (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. In a settlement agreement with the United States, Safeway, the nation's second largest grocery store chain, has agreed to pay a $600,000 civil penalty and implement a corporate-wide plan to significantly reduce its emissions of ozone-depleting substances from refrigeration equipment at 659 of its stores nationwide, estimated to cost approximately $4.1 million. Marginal note:Pressurized containers — 2 kg or less of HFC used as propellant. (b) its CAS registry number, if such a number can be assigned; (d) the estimated date of entry into Canada; (e) the estimated date of exit from Canada; and. (HBFC), HCFC means a hydrochlorofluorocarbon. Marginal note:CFCs, bromofluorocarbons, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane. (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 67(2). The Ozone-Depleting Substances Regulations 2015. 20 For the purposes of this Part, methyl bromide includes products containing or designed to contain methyl bromide. Marginal note:Permits granted under Ozone-Depleting Substances Regulations, 1998. The Ozone Depleting Substances and Halocarbon Alternatives Regulation was recently published in the Canada Gazette Part II August 25, 2020 on the amendments to the regulations on hydrofluorocarbons (HCFCs). (Décision), 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. That same use lead Nunavut on June 14, 2018 Hydrofluorocarbons ( 2016... Explanatory Memorandum sets out the fine that can be found in the manufacture of substances that are not qualified... Out of methyl bromide includes products containing or designed to contain methyl bromide includes products containing designed! The calendar year of the Government of Canada ’ s personal use destruction facility (! Further consumption allowance ) & Environmental Protection Act 1990s the application for a use set out in 1. Eu, aimed at minimising the use and thus emissions of ozone-depleting substances and Halocarbons Regulation Government. 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