Notice to anyone engaged in the use of methyl bromide: July 2019
This notice is made pursuant to subparagraphs 68(a)(ix) and 68(a)(xiii) of the Canadian Environmental Protection Act, 1999.
To meet its obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (the protocol), the manufacture and import of methyl bromide has been prohibited in Canada since January 1, 2005. However, under the protocol, an exemption can be made for critical and emergency use in situations where technically and economically feasible alternatives are not available to the user.
The parties to the protocol have established criteria and a procedure to assess nominations for critical use exemptions. As a party to the protocol, Canada may submit a nomination to seek an exemption to the production and consumption phase-out date (2005) for methyl bromide. Under the protocol, "consumption" means production plus imports minus exports of controlled substances. A party makes such a nomination based upon applications it receives from persons seeking to use methyl bromide within its borders. If such a nomination is accepted by a decision of the parties, domestic applicants would be allowed to manufacture, import and use it according to the terms of the decision. The decision is implemented through the domestic legislation of the party, which in Canada is the Ozone-depleting Substances and Halocarbon Alternatives Regulations.
Applicants must submit their requests to the Minister of the Environment before July 29, 2019 in order for Canada to make a nomination for a critical use exemption for the years 2021 and 2022. The use of methyl bromide existing in Canada before the phase-out date (2005) or the use of recycled or reclaimed methyl bromide does not require an application for an exemption.
Only the Government of Canada, as a party to the protocol, may nominate critical use exemptions for Canada. The final decision to accept any application or to make a nomination rests with the Government of Canada.
Pursuant to section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit, with their information, a written request that it be treated as confidential.
The criteria, process and timetables that the Department of the Environment will use to review applications it receives from persons seeking an exemption for a critical use of methyl bromide under the protocol are found in the Annex below.
Chemical Production Division
On behalf of the Minister of the Environment
Criteria for critical use
A use of methyl bromide may qualify as “critical” only if the following conditions are met:
- the lack of availability for that use would result in a significant market disruption
- there are no technically or economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environmental or health, and are suitable to the crops and circumstances of the nomination
Any consumption of methyl bromide for critical use after the phase-out date (2005) may be permitted only if all of the following conditions are met:
- all technically and economically feasible steps have been taken to minimize the critical use and any associated emission of methyl bromide
- it is not available in sufficient quantity and quality from existing stocks of banked or recycled methyl bromide
- it is demonstrated that an appropriate effort is being made to evaluate, commercialize and secure national regulatory approval of alternatives and substitutes
It must be demonstrated that research programs are in place to develop and deploy alternatives and substitutes.
The application forms for a critical use exemption for methyl bromide can be obtained by contacting us. Information in the following areas is required to support the application:
- market significance of use
- alternative/substitutes for the use
- steps to minimize use
- steps to minimize emissions
- recycling and stockpiling
- research efforts
- historical use
- requested quantity per year
|Deadline for submission of applications to the minister||July 29|
|ECCC provides application to advisory committee for their evaluation (the advisory committee consists of independent experts who are knowledgeale on the alternatives available and pest problems faced by the sector for which the exemption is requested)||August 31|
|Recommendation made by advisory committee to ECCC||September 30|
|Decision made by ECCC in consultation with Agriculture and Agri-Food Canada and applicant is informed||October 29|
|Deadline for appeal to the Minister (the applicant can appeal to the Minister of the Environment, to the attention of the director, Chemical Production Division, if the applicant is not satisfied with the decision)||November 30|
|Deadline for submissions of nominations to the Ozone Secretariat (requests received after January 24 will be considered for the next year)||January 24|
|Technical committee under the protocol reviews the nomination and publishes its evaluation||mid-May|
|Working group under the protocol meets, reviews the report of the technical committee and recommends whether the nomination should be approved and drafts the decision, if applicable||June to July|
|The parties meet and decide whether or not to grant the exemption for the critical use||October to December|
- Handbook on Critical Use Nominations for Methyl Bromide (PDF 520 kB)
- Ozone-depleting Substances and Halocarbon Alternatives Regulations
Ozone Protection Programs
Chemical Production Division
Environment and Climate Change Canada
351 St-Joseph Blvd 19th Floor
Gatineau QC K1A 0H3
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