GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 40
Prohibition — importing products containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b 40 It is prohibited for any person to import a product containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b, unless (a) the product is a personal or household effect for the person’s personal use; or (b) the product will be used in a military ship before January 1, 2017.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 41
Plastic foam 41 It is prohibited for any person to import a plastic foam in which an HCFC set out in Table 3 of Schedule 1 is used as a foaming agent.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 42
Products containing 2 kg or less of HCFCs 42 (1) It is prohibited for any person to import a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1. Exception — miscellaneous products (2) Subsection (1) does not apply to pressurized containers containing (a) a mould release agent used in the manufacture of plastic and elastomeric materials; (b) a spinneret lubricant or cleaning agent used in the manufacture of synthetic fibres; (c) a document preservation agent; (d) a fire-extinguishing agent used in equipment for non-residential applications; (e) a wasp or hornet agent; (f) a rigid foam product; (g) refrigerant 412A (HCFC-22/HCFC-142b/octafluoropropane); or (h) refrigerant 509A (HCFC-22/octafluoropropane). Exception — health care products and laboratory or analytical use (3) Subsection (1) does not apply to a pressurized container containing a product that is intended (a) for use in animal or human health care, including a bronchial dilator, inhalable steroid, topical anaesthetic and veterinary wound powder spray; or (b) for a laboratory or analytical use. SOR/2017-216, s. 3(F)
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 43
Prohibition for products containing HCFCs — January 1, 2020 43 (1) On or after January 1, 2020, it is prohibited for any person to import a product containing or designed to contain an HCFC set out in Table 3 of Schedule 1. Exception — personal or household effects (2) Subsection (1) does not apply to a product that is a personal or household effect for the person’s personal use.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 44
Prohibition — manufacturing of HCFCs without permit 44 It is prohibited for any person to manufacture an HCFC set out in Table 3 of Schedule 1 without a permit issued under these Regulations.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 45
Purpose of the manufacture 45 The permit may only be issued to manufacture an HCFC if the holder of the permit intends to manufacture the HCFC for a use set out in column 3 of Table 3 of Schedule 1.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 46
Exception — manufacturing allowance 46 (1) Section 44 does not apply to a person who is granted a manufacturing allowance for an HCFC that is used or sold as a refrigerant or as a fire-extinguishing agent or that is to be exported. Ceases to have effect (2) Subsection (1) ceases to have effect on January 1, 2020 in the case of an HCFC and on January 1, 2030 in the case of HCFC-123. SOR/2020-177, s. 2
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 47
Refillable container 47 Any HCFC that is manufactured for use as a refrigerant must be stored in a refillable container.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 48
Prohibition — manufacturing products containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b 48 It is prohibited for any person to manufacture a product containing or designed to contain HCFC-22, HCFC-141b or HCFC-142b.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 49
Plastic foam 49 It is prohibited for any person to manufacture a plastic foam in which an HCFC set out in Table 3 of Schedule 1 is used as a foaming agent.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 50
Products containing 2 kg or less of HCFCs 50 (1) It is prohibited for any person to manufacture a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1. Exception — miscellaneous products (2) Subsection (1) does not apply to the pressurized containers referred to in subsections 42 (2) and (3).
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 51
Prohibition for products containing HCFCs — January 1, 2020 51 On or after January 1, 2020, it is prohibited for any person to manufacture a product containing or designed to contain an HCFC set out in Table 3 of Schedule 1.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 52
Prohibition — using or selling HCFCs 52 It is prohibited for any person to use or sell an HCFC set out in Table 3 of Schedule 1, unless (a) it is sold for destruction; (b) it is used or sold as a refrigerant or as a fire-extinguishing agent or is to be exported; or (c) it was imported or manufactured under a permit issued under these Regulations and is to be used for one of the uses set out in column 3 of that Table.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 53
Products containing 2 kg or less of HCFCs 53 (1) It is prohibited for any person to sell a pressurized container that contains 2 kg or less of an HCFC set out in Table 3 of Schedule 1. Exception — miscellaneous products (2) Subsection (1) does not apply to the pressurized containers referred to in subsections 42 (2) and (3).
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 54
HCFC no longer needed 54 (1) A person in possession of an HCFC set out in Table 3 of Schedule 1 that was imported or manufactured under a permit issued under these Regulations and that is no longer needed for the use set out in that permit must, within six months after the day on which it is no longer needed, (a) ensure that it is sent for destruction to a facility referred to in paragraph 12 (c); (b) ensure that it is exported for destruction, for use as a feedstock or for a laboratory or analytical use; or (c) in the case of a recovered, recycled or reclaimed HCFC, ensure that it is sent to a recycling or reclamation facility. Exception — consumption or manufacturing allowance (2) Any person who is granted a consumption or manufacturing allowance under section 55 or 61 may either comply with subsection (1) or include the quantity of HCFCs that is no longer needed for the use set out in the permit in their calculated level of consumption or manufacture, only if doing so does not result in the allowance being exceeded.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 55
Calculation of consumption allowance 55 (1) The annual consumption allowance for an HCFC set out in Table 3 of Schedule 1 for use as a refrigerant or as a fire-extinguishing agent to which each person who was entitled to the allowance under the Ozone-Depleting Substances Regulations, 1998 is entitled is determined as follows: (a) for each calendar year that falls within the period that begins on January 1, 2015 and ends on December 31, 2019, in accordance with the following formula: A × B where A is the consumption allowance, expressed in ODP tonnes, that was granted for 2014 for the cooling sector; and B is 28.57 %; and (b) for each calendar year that falls within the period that begins on January 1, 2020 and ends on December 31, 2029, by multiplying the consumption allowance granted for 2019 by 5%. Transfer (2) If a transfer of a portion of the consumption allowance is approved in accordance with subsection 57(4), the transferred portion is substracted or added to the person’s annual consumption allowance, as the case may be, (a) in the case of a permanent transfer, for every calendar year following the year of the transfer; or (b) in the case of a temporary transfer, for the calendar year of the transfer. Written notice (3) The Minister must inform the person in writing of their consumption allowance. SOR/2017-216, s. 5(F)
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 56
Consumption allowance not to be exceeded 56 (1) A person who is granted an annual consumption allowance must ensure that it is not exceeded by determining their calculated level of consumption for each HCFC for a calendar year, and then adding together all of their calculated levels of consumption. Calculated level of consumption (2) The calculated level of consumption for an HCFC — excluding a recovered, recycled or reclaimed HCFC that is imported or exported — that is manufactured, imported or exported during a calendar year must be determined using the following formula: (M × ODP) + (I × ODP) – (E × ODP) – (D i × ODP) where M is the quantity manufactured during the calendar year, other than the quantity manufactured for use as feedstock; ODP is the ozone-depleting potential set out in column 2 of Table 3 of Schedule 1 for the HCFC in question; I is the quantity imported during the calendar year; E is the quantity exported during the calendar year; and D i is the quantity imported during the calendar year for destruction under paragraph 54(1)(a). SOR/2017-216, s. 6
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 57
Prohibition to transfer without authorization 57 (1) It is prohibited for any person to transfer all or a portion of their annual consumption allowance unless the Minister allows the transfer under subsection (4). Transfer may be temporary or permanent (2) A transfer is temporary if it applies to only one calendar year, and it is permanent if it applies to all calendar years up to and including 2029. Application to Minister (3) The transferor and transferee must submit an application to the Minister for the transfer containing the information required by Schedule 4 and specifying whether the proposed transfer is temporary or permanent. Conditions (4) The Minister must allow the transfer if the transferor has an unused consumption allowance that is not less than the quantity of the proposed transfer. Written notice (5) The Minister must inform the transferor and transferee in writing of the decision concerning the application for a transfer and of their consumption allowances.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 58
Grounds for refusal and cancellation 58 (1) The Minister may refuse to allow or may cancel a transfer if the Minister has reasonable grounds to believe that the transferee is not able to manufacture, use, sell, import or export an HCFC in compliance with Canadian law. Effect of cancellation (2) If the Minister cancels a transfer, the transferee must, without delay, transfer back to the transferor any unused portion of the consumption allowance.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 59
Retirement of consumption allowances 59 (1) A person may retire their consumption allowance by providing the Minister with a notice in writing to that effect containing the information required by Schedule 4. Effect of retirement (2) A person who has retired their consumption allowance is not entitled to any further consumption allowance.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 60
Calculation of manufacturing allowance 60 (1) The annual manufacturing allowance for an HCFC set out in Table 3 of Schedule 1 to which each person is entitled is determined as follows: (a) for each calendar year that falls within the period that begins on January 1, 2015 and ends on December 31, 2019, in accordance with the following formula: A × B / C where A is 81.9 ODP tonnes, B is the quantity manufactured by a person for 2013, expressed in ODP tonnes, and C is the quantity manufactured in Canada, expressed in ODP tonnes; and (b) for each calendar year that falls within the period that begins on January 1, 2020 and ends on December 31, 2029, by multiplying the manufacturing allowance granted for 2019 by 5%. Greater manufacturing allowance (2) When it is necessary to allow Canada to fulfill its obligations under an agreement with a Party for the purpose of industrial rationalization or to satisfy domestic HCFC needs, the Minister may permit, for a calendar year, a greater manufacturing allowance than that which a person would have obtained under subsection (1) and that greater manufacturing allowance is not taken into account in any subsequent calculation of the annual manufacturing allowance. Written notice (3) The Minister must inform the person in writing of their manufacturing allowance. SOR/2017-216, s. 8
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 61
Manufacturing allowance not to be exceeded 61 (1) A person who is granted an annual manufacturing allowance must ensure that it is not exceeded by determining their calculated level of manufacture for each HCFC for a calendar year, and then adding together all of their calculated levels of manufacture. Calculated level of manufacture (2) The calculated level of manufacture for an HCFC must be determined using the following formula: (M × ODP) – (D m × ODP) where M is the quantity manufactured during the calendar year, other than the quantity manufactured for use as feedstock; ODP is the ozone-depleting potential set out in column 2 of Table 3 of Schedule 1 for the HCFC in question; and D m is the quantity manufactured during the calendar year for destruction under paragraph 54(1)(a). SOR/2017-216, s. 9
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 63
Prohibition — exporting HFCs without permit 63 It is prohibited for any person to export an HFC set out in Table 4 of Schedule 1 without a permit issued under these Regulations.
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 64
Prohibition — importing HFCs without permit 64 It is prohibited for any person to import an HFC set out in Table 4 of Schedule 1 without a permit issued under these Regulations. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 64.1
Purpose of importing 64.1 (1) The permit may only be issued to import an HFC for one of the following purposes: (a) its destruction; (b) its use as feedstock. (c) [Repealed, SOR/2017-216, s. 11] Importing regardless of purpose (2) A permit may also be issued to import, regardless of purpose, an HFC that is recovered, recycled or reclaimed. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 64.2
Exception — consumption allowance 64.2 Section 64 does not apply to a person who is granted an annual consumption allowance for an HFC or a transferee of an annual consumption allowance for an HFC intended for a use for which a substance set out in Tables 1 to 3 of Schedule 1 has been used in Canada. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 64.3
Refillable container 64.3 Any HFC that is imported for use as a refrigerant must be stored in a refillable container. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 64.4
Prohibition — importing certain products containing HFCs used as refrigerants 64.4 (1) As of the date indicated in column 3 of Schedule 1.1, it is prohibited for any person to import any product set out in that Schedule that contains or is designed to contain an HFC that is set out in Table 4 of Schedule 1 and is to be used as a refrigerant, if the global warming potential of the refrigerant used in that product is greater than the specified limit in Schedule 1.1. Exception — personal effect (2) Subsection (1) does not apply to a product set out in Schedule 1.1 that is destined for residential use if it is a personal effect of the person. Automobiles — 2021 and subsequent model years (3) Beginning with the 2021 model year, it is prohibited for any person to import an automobile equipped with an air-conditioning system that contains or is designed to contain an HFC that is set out in Table 4 of Schedule 1 and is to be used as a refrigerant if the global warming potential of the refrigerant used in that system is greater than 150. Exception — personal use automobile (4) Subsection (3) does not apply to an automobile destined for the person’s personal use. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 64.5
Plastic foam or rigid foam product 64.5 (1) As of January 1, 2021, it is prohibited for any person to import a plastic foam or a rigid foam product in which an HFC set out in Table 4 of Schedule 1 is used as a foaming agent if the global warming potential of the foaming agent is greater than 150. Exception — personal effect (2) Subsection (1) does not apply to a person’s personal effect that contains a plastic foam or a rigid foam product. Exception — military, space or aeronautical applications (3) Subsection (1) does not apply to a plastic foam or a rigid foam product that is intended to be used for military, space or aeronautical applications. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 64.6
Pressurized containers — 2 kg or less of HFC used as propellant 64.6 (1) As of January 1, 2019, it is prohibited for any person to import a pressurized container that contains 2 kg or less of an HFC when the HFC is used as a propellant if the global warming potential of that HFC is greater than 150. Exceptions — miscellaneous products (2) Subsection (1) does not apply to a pressurized container that contains (a) a mould release agent or mould cleaning agent; (b) a spinneret lubricant or cleaning agent used in the manufacture of synthetic fibers; (c) a document preservation agent; (d) a lubricant, cleaning agent, freezing agent or corrosion prevention agent used for electrical equipment or electronic components; (e) a duster agent used on photographic negatives and semiconductor chips; (f) a lubricant, cleaning agent or corrosion prevention agent used for aircraft maintenance; (g) a pesticide used near electrical wires or in aircraft or a certified organic-use pesticide; (h) a stench gas used in mines; or (i) a cooling agent used for testing electronics and electro-mechanical systems. Exception — health care products and laboratory or analytical use (3) Subsection (1) does not apply to a pressurized container that contains a product that is intended (a) for use in animal or human health care, including a bronchial dilator, inhalable steroid, topical anaesthetic, bandage adhesive remover and veterinary wound powder spray; or (b) for a laboratory or analytical use. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 65
Prohibition — manufacture of HFCs without permit 65 It is prohibited for any person to manufacture an HFC set out in Table 4 of Schedule 1 without a permit issued under these Regulations. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 65.01
Purpose of manufacture 65.01 The permit may only be issued to manufacture an HFC to be used as feedstock. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 65.02
Prohibition — manufacturing products containing HFCs used as refrigerants 65.02 (1) As of the date indicated in column 3 of Schedule 1.1, it is prohibited for any person to manufacture any product set out in that Schedule that contains or is designed to contain an HFC set out in Table 4 of Schedule 1 and used as a refrigerant if the global warming potential of the refrigerant used in that product is greater than the limit specified in Schedule 1.1. Automobiles — 2021 and subsequent model years (2) Beginning with the 2021 model year, it is prohibited for any person to manufacture an automobile equipped with an air-conditioning system that contains or is designed to contain an HFC that is set out in Table 4 of Schedule 1 and is to be used as a refrigerant if the global warming potential of the refrigerant used in that system is greater than 150, unless it is intended to be exported. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 65.03
Plastic foam or rigid foam product 65.03 (1) As of January 1, 2021, it is prohibited for any person to manufacture a plastic foam or a rigid foam product in which an HFC set out in Table 4 of Schedule 1 is used as a foaming agent if the global warming potential of the foaming agent is greater than 150. Exception — military, space or aeronautic applications (2) Subsection (1) does not apply to a plastic foam or a rigid foam product that is intented to be used for military, space or aeronautical applications. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 65.04
Pressurized containers — 2 kg or less of an HFC used as propellant 65.04 (1) As of January 1, 2019, it is prohibited for any person to manufacture a pressurized container that contains 2 kg or less of an HFC when the HFC is used as a propellant if the global warming potential of that HFC is greater than 150. Exception — miscellaneous products (2) Subsection (1) does not apply to the pressurized containers referred to in subsections 64.6(2) and (3). SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 65.05
HFC no longer needed 65.05 A person in possession of an HFC set out in Table 4 of Schedule 1 that was imported or manufactured under a permit issued under these Regulations and that is no longer needed for the use set out in that permit must, within six months after the day on which it is no longer needed, (a) ensure that it is sent for destruction to a facility referred to in paragraph 12 (c); (b) ensure that it is exported for destruction, for use as feedstock or for a laboratory or analytical use; or (c) in the case of a recovered, recycled or reclaimed HFC, ensure that it is sent to a recycling or reclamation facility. SOR/2017-216, s. 11
Ozone-depleting Substances and Halocarbon Alternatives Regulations — 65.06
Calculation of consumption allowance for HFCs 65.06 (1) The annual consumption allowance for an HFC set out in Table 4 of Schedule 1 to which a person is entitled is determined as follows: (a) for each calendar year that falls within the period that begins on January 1, 2019 and ends on December 31, 2023, by multiplying the base consumption granted to that person by 90%; (b) for each calendar year that falls within the period that begins on January 1, 2024 and ends on December 31, 2028, by multiplying the base consumption granted to that person by 60%; (c) for each calendar year that falls within the period that begins on January 1, 2029 and ends on December 31, 2033, by multiplying the base consumption granted to that person by 30%; (d) for each calendar year that falls within the period that begins on January 1, 2034 and ends on December 31, 2035, by multiplying the base consumption granted to that person by 20%; and (e) as of January 1, 2036, by multiplying the base consumption granted to that person by 15%. Calculation of base consumption (2) The base consumption granted to a person is determined as follows: C/D × E where C is the person’s average HFC consumption for 2014 and 2015, expressed in tonnes of CO 2 equivalent; D is the average Canadian HFC consumption for 2014 and 2015, expressed in tonnes of CO 2 equivalent; and E is 18 008 795 tonnes of CO 2 equivalent. Permanent or temporary transfer (3) If a transfer of a portion of the consumption allowance is approved in accordance with subsection 65.08 (4), the transferred portion is subtracted from or added to the person’s annual consumption allowance, as the case may be, (a) in the case of a permanent transfer, for every calendar year following the year of the transfer; and (b) in the case of a temporary transfer, for the calendar year of the transfer. Written notice (4) The Minister must inform the person in writing of their consumption allowance. SOR/2017-216, s. 11 SOR/2020-177, s. 3