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 and SOR/2004-315.

To Whom Does This Apply?

Manufacturers, importers, exporters, users, sellers of ozone-depleting substances (ODS) and products containing or that are intended to contain ODS.

Eligible Activities

Importation, exportation, manufacture, use, purchase, sale and offer for sale of ozone-depleting substances (ODS) and products that contain or that are intended to contain ODS.

Summary

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

CEPA has been renewed and the new Canadian Environmental Protection Act, 1999 was given Royal Assent on September 14, 1999. The date of proclamation was March 30, 2000.

The Ozone-depleting Substances Regulations, 1998 are enforced in order for Canada to meet its commitments to the Montreal Protocol. The Regulations control the importation, exportation, manufacture, use, sale, offer for sale of ozone-depleting substances (ODS) and products that contain or that are intended to contain ODS. Manufacture, importation and exportation are regulated through a system of permits and allowances. The Regulations require 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 of the quantity they are authorized to consume (consumption = manufacture + import - export).

Transfer:
Allowance holders for HCFC may transfer 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 the Minister containing the information specified in the Regulations to Environment Canada Head Quarters (address below).

Methyl Bromide Essential 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. A permit is also required and applies to a specific applicant and site of application. The permit is not transferable.

Permits:
For all regulated substances and products, applicants must submit a request for a permit in the form approved by the Minister. The request must contain the information specified in the Regulations to Environment Canada Head Quarters (address below). The request must be accompanied by supporting documentation, where specified in the regulations.

Waiting Period

Approximately two to six weeks.

Application Fee

None.

Additional Information

Questions and Answers about Hydrochlorofluorocarbons and Methyl Bromide as well as information bulletins explaining various parts of the Regulations are being developed. For more information, please contact the Chemicals Sector Division at 819-953-2477 or visit the Ozone Web site.

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.

Quebec Contact(s):
See National Contact.

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National Contact(s):
Commercial Chemicals Formulation Division
Chemical Sectors Directorate
Environment Canada
12th Floor
Place Vincent Massey
351 Saint-Joseph Boulevard
Gatineau, Quebec  K1A 0H3
Telephone: 819-953-9322
Fax: 819-953-3132 / 1-888-391-3695
Toll-free (information): 1-888-391-3426
E-mail: upcis-supac@ec.gc.ca
Web site: http://www.ec.gc.ca/envhome.html