1. Introduction

Environment Canada will be drafting proposed Regulations to manage the end-of-life of ozone-depleting substances (ODS) and their halocarbon alternatives, namely hydrofluorocarbons (HFC) and perfluorocarbons (PFC). These substances are controlled at the front end of their life-cycle and the proposed Regulations will close the loop to provide controls on the end-of-life of these substances. This is intended to prevent releases of the substances into the atmosphere, and therefore will have benefits for the ozone layer as well as for the climate, as all of these substances are potent greenhouse gases.

The proposed approach for these Regulations is outlined in detail in section 3 of this document. The proposed Regulations will require importers, manufacturers, distributors and reclaimers of chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC) and their halocarbon alternatives for use in the cooling sector to participate in an extended producer responsibility program. Environment Canada has developed this consultation document as part of its effort to develop Regulations that will achieve the objectives set out in section 3. It contains a description of the proposed regulatory requirements and associated considerations where applicable.

This document is intended to stimulate discussion and give stakeholders an opportunity to provide their perspectives on the proposed Regulations during their development and prior to publication in the Canada Gazette, Part I. Readers are asked to review the document carefully and provide their feedback in written format as detailed in section 1.2.3.

Environment Canada is committed to ensuring that all initiatives aimed at developing regulatory provisions include a process of meaningful and effective consultation with stakeholders.

The purpose of the current consultations is to invite all stakeholders to provide their comments on the proposed Regulations, raise awareness of their concerns, and contribute to the development of Regulations that are based on a common understanding of the environmental benefits to be achieved through these Regulations.

There is a possibility that the proposed Regulations may cause the regulated community and/or governments to incur costs. There may also be benefits, especially in the form of improved environmental quality of life to all Canadians. The proposed regulations could also result in benefits to Canada's performance in the area of ozone layer protection and climate change.

Economic costs and benefits will be evaluated in the preparation of the Regulatory Impact Analysis Statement. These consultations could also provide an important source of information on the costs and benefits of the proposed Regulations to Canadians and Canadian industry.

These consultations are therefore intended to ensure that the proposed Regulations are as effective and straightforward as possible, and that protection of the environment and human health is enhanced.

This consultation process is intended to give interested and affected parties an opportunity to review, discuss and provide comments on the proposed Regulations. These consultations may address both the nature of the proposed Regulations and any ancillary concerns relating to their implementation (e.g., administrative practices or policy interpretations).

In soliciting input from stakeholders, Environment Canada has posted a copy of this document on the CEPA Environmental Registry website and distributed it by email to all known Canadian stakeholders, including representatives from other federal departments, provincial and territorial governments, industry, and environmental and public advocacy groups.

Environment Canada also intends to hold face-to-face consultations on November 30 and December 1, 2009, and will review and consider all written responses and comments received prior to drafting and publishing the proposed Regulations in the Canada Gazette, Part I. Environment Canada welcomes the addition of contacts who were not previously involved in stakeholder consultations, and the distribution of this document to other potential stakeholders.

Following the electronic and face-to-face consultations, the next opportunity for stakeholders to comment on the proposed Regulations will be following the publication of the Regulations in the Canada Gazette, Part I. Please send your comments on this consultation document in writing to either of the following addresses prior to December 20, 2009:

Regular mail:
Manager
Ozone Protection Programs
Chemicals Management Division
Environment Canada
Place Vincent Massey
351 St. Joseph Boulevard, 17th Floor
Gatineau QC K1A 0H3

Email:
OzoneProtectionPrograms@ec.gc.ca
Please type "Consultation on Proposed EPR Regulations" in the subject line.

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