Ozone-depleting Substances

Act: Canadian Environmental Protection Act, 1999, c. 33
Regulation: Ozone-depleting Substances Regulations, 1998, SOR/99-7, as amended by SOR/2000-102, SOR/2001-2, SOR/2002-100, SOR/2004-315 and SOR/2007-129.

To Whom Does This Apply?

The Regulations apply to manufacturers, importers, exporters, users, and sellers of ozone-depleting substances (ODS) and any products that contain, or that are designed to contain, ODS.

Summary

Environment Canada administers the Canadian Environmental Protection Act, 1999 on behalf of the federal government, but develops regulations and guidelines jointly with Health Canada.

The Ozone-depleting Substances Regulations, 1998 control the manufacture, import, export, sale, offer for sale for certain end-uses of ODS allowing Canada to meet its obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol). The manufacturing, importing and exporting of ODS and any products that contain or that are designed to contain ODS are regulated through a system of permits and allowances. The Regulations require a person holding an allowance, a transfer or a permit to submit annual or quarterly reports.

Application Process

Allowance:
For hydrochlorofluorocarbons (HCFC), allowance holders are notified each year by the Minister of the Environment of the quantity they are authorized to consume (consumption = manufacture + import - export).

Transfer:
Allowance holders for HCFC may transfer permanently or temporarily part or all of their allowance to another person or company. Both parties, the transferor and transferee, must submit a request for a transfer in the form approved by Environment Canada.

Methyl Bromide Critical Use:
Approval to import and use methyl bromide is only considered, following the acceptance by the Parties to the Montreal Protocol of a specific nomination for a critical use exemption. Permits to import and use methyl bromide, respectively, are also required and apply to a specific applicant and site of application.

Permits:
When a permit is required for controlled substances and products, applicants must submit a request for a permit in the form approved by Environment Canada. The request must be accompanied by supporting documentation, where specified in the regulations.

Application Fee:
None.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.

 

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National Contact(s):
Chemicals Management Division
Chemical Sectors Directorate
Environment Canada
17th Floor
Place Vincent Massey
351 Saint-Joseph Boulevard
Gatineau, Quebec  K1A 0H3
Telephone: 819-953-2477
Fax: 819-994-0007
Web site: http://www.ec.gc.ca/envhome.html