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Authorizations for Ozone-depleting Substances
Authorizations for Ozone-depleting Substances
Under the Ozone-depleting Substances Regulations, 1998, every person must receive written authorization from the Minister of the Environment prior to manufacturing, importing or exporting a "controlled substance". There are two types of authorization: allowances and permits.
Allowances
Allowances provide authorization for the production and importation of unused hydrochlorofluorocarbons (HCFCs) and methyl bromide for circumstances not governed by permits, e.g., the importation of unused methyl bromide for uses other than quarantine or pre-shipment or the importation of unused HCFCs for non-essential uses.
Unlike permits, persons do not make application for consumption allowances. The allowances are entitlements. The Regulations provide criteria to determine those activities that would entitle a person to an allowance and define the method by which the quantity of the allowance is calculated. The sum of all allowances within Canada for each group of controlled substance is progressively reduced according to a schedule fixed by the Regulations. In order to accommodate the shifting markets allowance holders face, in terms of their needs and choice of supplier, allowance holders may make application to transfer all or some portion of their allowance to others.
At the end of each year, the authorizations provided by permits, allowances and transfers lapse. Persons may reapply for permits and transfers in the succeeding year. Allowance holders are automatically informed of their allowances for the succeeding year.
Permits
A permit is required by anyone who intends to:
- import or export a controlled substance that is recovered, recycled, reclaimed or used or a controlled substance for destruction;
- export a controlled substance other than a recovered, recycled, reclaimed or used controlled substance or a controlled substance for destruction;
- manufacture or import a controlled substance for a purpose set out in Schedule 3 of the Regulations (e.g., for essential uses, feedstock, quarantine application or pre-shipment application as defined in the Regulations or as an analytical standard);
- export a product that contains, or is intended to contain, chlorofluorocarbons (CFCs), bromofluorocarbons (Halons), tetrachloromethane (carbon tetrachloride) or 1,1,1-trichloroethane (methyl chloroform);
- manufacture, import, use, sell, offer for sale, or export a controlled substance for an essential purpose.
Note: Individuals and companies are entitled to claim information provided under the Canadian Environmental Protection Act and its regulations as confidential. Where the Act or other legislation prohibits the disclosure of such information, it has been "masked" to protect it from disclosure.
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