Environmental Code of Practice on Halons

Regulatory Framework

The requirements of the Montreal Protocol apply to Parties to the Montreal Protocol (i.e., countries that have pledged to implement these requirements within their national boundaries). The Government of Canada has delegated to Environment Canada the responsibility of ensuring that the requirements of the Protocol are met within Canada.

Several levels of jurisdictions and rules apply to ozone-depleting substances (ODS's) and, more specifically, to halons. Some rules are enforceable under law and others are derived from voluntary consensus.

The federal regulations apply to every person in Canada. The ODS Regulations establish control measures on the supply side, namely, the production, importation, and exportation of specific ODS's. Provincial/territorial regulations apply control measures on use through recovering, recycling, and reclaiming requirements in their respective jurisdictions. Similarly, municipal by-laws only apply to municipal boundaries.

Industry standards usually apply within national boundaries, but are not legally enforceable (unless they are specified in a regulation). Standards are usually designed by industry consensus to ensure a minimum quality of product or service.

2.1 The Montreal Protocol

The Montreal Protocol on substances that deplete the ozone layer is an international treaty that was ratified by 24 nations in 1987. In its original version, it restricted the production of halons to 1986 levels by January 1, 1992. The Copenhagen amendments, adopted in 1992, required a phase-out of halon production and consumption ¹ by January 1, 1994.

As of March 14, 1996, 156 nations ratified the 1987 Montreal Protocol, and 57 ratified the Copenhagen amendments to the Montreal Protocol.

The Montreal Protocol allows the continued trade of recycled halons (i.e., those produced before January 1, 1994). The Montreal Protocol does not prescribe restrictions on the use of any ODS; however, the Montreal Protocol does call upon Parties to make best efforts to control unnecessary emissions.

2.2 The Canadian Environmental Protection Act (CEPA)

The Canadian Environmental Protection Act (CEPA) provides the legal basis for Canadian compliance with the requirements of the Montreal Protocol. There are two regulations under the Act:

1. the Ozone-depleting Substances Regulations (ODS Regulations); and
2. the Ozone-depleting Substances Products Regulations (ODS Products Regulations).

The former prohibits the manufacture of ODS's (such as halons) in Canada, and prescribe restrictions on the importation of ODS's (such as halons) into Canada. The latter prohibits the use of ODS's in specific applications.

2.3 Provincial Legislation

Fire protection is a provincial jurisdiction. Every province has a "Fire Protection Act", appoints a Fire Commissioner (or a Fire Marshall), and specifies the duties of that official.

The Government of Canada appoints the Canadian Forces Fire Marshall for all military installations and undertakings, and the Fire Commissioner of Canada for all non-military federal installations and undertakings.

Several provincial legislatures have established environmental requirements for ozone-depleting substances, including halons. Various provincial /territorial requirements are summarized in the table below:

Table 1 - Provincial/territorial requirements relating to halons and fire protection equipment.

NOTE: A shaded area indicates a DRAFT provision.
FE: fire extinguisher; FPE: fire protection equipment; ODS: ozone-depleting substances.

2.4 Codes and Standards

In addition to the aforementioned legal requirements, industry and trade associations also establish standards for the management of various substances within their fields.

The Standards Council of Canada is a federal Crown corporation whose mandate is to foster and promote voluntary standardization for the benefit of the industry, consumers, and the economy. In responding to the authority given by the Standards Council of Canada Act (1970), the Standards Council of Canada functions as the national co-ordinating body through which organizations can work together to recognize, establish, and improve voluntary standardization in Canada.

The Standards Council of Canada administers the National Standards System and has accredited the following standards development organisations: the Bureau de normalisation du Québec; the Canadian Gas Association; the Canadian General Standards Board; the Canadian Standards Association; and Underwriters' Laboratories of Canada.

Underwriters' Laboratories of Canada is responsible for the following areas: fire protection equipment, fire resistant construction, fuel burning equipment, liquid and materials classified as fire hazards, and so on.

1. The Montreal Protocol defines "consumption" as "production" + "importation" - "exportation", for each Party.

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