Consultation document: proposed revisions to Ozone-depleting Substances Regulations, annex 4


Annex 4: New, used, recovered, recycled and reclaimed Hydrochlorofluorocarbons

There are several provisions in the ODSR 1998 that restrict the import, manufacture, use and sale of HCFCs prior to the phase-out date.  The provisions are found in section 22 to 30 of the current Regulations and are as follows:

22. No person shall manufacture, use, sell, offer for sale or import any HCFC or any product that contains or is designed to contain any HCFC if the HCFC or the product is for a use for which a controlled substance has never been used in Canada.

23. (1) On or after July 1, 1999, no person shall manufacture or import a pressurized container that contains 2 kg or less of any HCFC.

(2) On or after January 1, 2000, no person shall offer for sale or sell a pressurized container that contains 2 kg or less of any HCFC.

(3) Subsections (1) and (2) do not apply in respect of an HCFC or a product that is

(a) a mold release agent used in the production of plastic and elastomeric materials;

(b) a spinnerette lubricant or cleaning spray used in the production of synthetic fibres;

(c) a document preservation spray;

(d) fire extinguishing equipment used for non-residential applications;

(e) a wasp and hornet spray;

(f) a rigid foam product;

(g) a lubricant, coating or cleaning fluid for commercial use on electrical or electronic equipment or for aircraft maintenance, before January 1, 2001;

(h) refrigerant 412A(HCFC-22/HCFC-142b/octafluoropropane);

(i) refrigerant 5O9A (HCFC-22/octafluoropropane); or

(j) a pest control product before January 1, 2001 provided that the product was registered under the Pest Control Products Act before January 1, 1999.

(4) Subsections (1) and (2) do not apply in respect of a product that is intended to be used as an animal or human health care product, including any bronchial dilator, inhalable steroid, topical anaesthetic and veterinary powder wound spray.

(5) Subsections (1) and (2) do not apply in respect of an HCFC or a product that is used in a laboratory or for analysis or for the calibration of a leak detection system.

24. (1) On or after July 1, 1999, no person shall manufacture or import plastic foam in which any HCFC has been used as a foaming agent.

(2) Subsection (1) does not apply to a product that is

(a) a rigid foam product; or

(b) a flexible polyurethane boardstock foam product.

25. On or after January 1, 2000, no person shall manufacture or import any flexible polyurethane boardstock foam product in which any HCFC has been used as a foaming agent.

26. (1) On or after July 1, 1999, no person shall manufacture or import for use in industrial cleaning HCFC-141b or any product that contains HCFC-141b.

(2) On or after January 1, 2000, no person shall

(a) use in industrial cleaning HCFC-141b or any product that contains HCFC-141b; or

(b) sell or offer for sale for use in industrial cleaning HCFC-141b or any product that contains HCFC-141b.

27. (1) On or after January 1, 2010, no person shall manufacture, use, sell, offer for sale or import HCFC-141b, HCFC-142b or HCFC-22.

(2) Subsection (1) does not apply in respect of the manufacture, use, sale, offering for sale or import of HCFC-141b, HCFC-142b or HCFC-22 for exportation or for use as a refrigerant.

28. On or after January 1, 2010, no person shall manufacture or import any product that contains or is designed to contain HCFC-141b, HCFC-142b or HCFC-22.

29. (1) On or after January 1, 2015, no person shall manufacture, use, sell, offer for sale or import any HCFC.

(2) Subsection (1) does not apply in respect of the manufacture or import of HCFC for exportation or for use as a refrigerant before January 1, 2020.

(3) Subsections (1) and (2) do not apply in respect of the manufacture or import of HCFC-123 for exportation or for use as a refrigerant before January 1, 2030.

(4) Subsection (1) does not apply in respect of the use, sale or offering for sale of any HCFC for use as a refrigerant.

30. On or after January 1, 2020, no person shall manufacture or import any product that contains or is designed to contain any HCFC.

It should be noted that these provisions apply to both new and URRRHCFCs.  Environment Canada will maintain these provisions in the revisions to the ODSR1998, meaning that, provisions applicable to HCFCs in the aforementioned sections apply to both new and URRR HCFCs (i.e.: URRR HCFCs will be prohibited in 2020, URRRHCFC-123 will be prohibited in 2030).

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