Notice to anyone engaged in the use of methyl bromide 2015

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Department of the EnvironmentCanadian Environmental Protection Act, 1999

The Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer have agreed to phase out the production and consumption of methyl bromide. The Ninth Meeting of the Parties decided to allow for possible exemptions to the production and consumption phase-out dates in order to meet the marketplace demand for critical uses.

The Parties have established criteria and a procedure to assess nominations for critical use exemptions. Canada, as a Party to the Montreal Protocol, is expected to ensure that the requirements of this international treaty are implemented in Canada.

This notice is made pursuant to subparagraphs 68(a)(ix) and 68(a)(xiii) of the Canadian Environmental Protection Act, 1999. The annex of this notice describes the criteria, process and schedule 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 Montreal Protocol.

Under the Montreal Protocol, a Party to the Protocol may submit a nomination to seek an exemption to the production and consumption phase-out dates for methyl bromide.  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 to the Protocol, the Party that is being granted the exemption may authorise domestic applicants to manufacture, import and use the methyl bromide after the phase-out date according to the terms of the decision. The decision is implemented through the domestic legislation of the Party.

Persons seeking to engage in the use of methyl bromide in Canada are hereby invited to submit to Environment Canada, before July 29, 2015, and through the process described in the annex to this notice, their application towards Canada making a nomination under the Montreal Protocol for a critical use exemption for the years 2017 and 2018. The use of methyl bromide existing in Canada before the phase-out date or the use of recycled or reclaimed methyl bromide does not require such an application.

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.

Lucie Desforges
Chemical Production Division

On behalf of the Minister of the Environment

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