GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Ozone-depleting Substances and Halocarbon Alternatives Regulations — Ozone-depleting Substances and Halocarbon Alternatives Regulations
laboratory or analytical use means a use that is agreed to be a laboratory or analytical use through a Decision of the Parties. ( utilisation en laboratoire ou à des fins d’analyse )
Ozone-depleting Substances and Halocarbon Alternatives Regulations — Ozone-depleting Substances and Halocarbon Alternatives Regulations
Party means a State that has ratified the Protocol or that meets the conditions referred to in paragraph 8 of Article 4 of the Protocol. ( Partie )
Ozone-depleting Substances and Halocarbon Alternatives Regulations — Ozone-depleting Substances and Halocarbon Alternatives Regulations
plastic foam means a plastic the weight per unit of volume of which is decreased substantially by the use of a foaming agent during the manufacturing process. ( mousse plastique )
Ozone-depleting Substances and Halocarbon Alternatives Regulations — Ozone-depleting Substances and Halocarbon Alternatives Regulations
pre-shipment application means the treatment with methyl bromide, within 21 days prior to export, of a commodity or a product that is to be entirely exported to another country, or of a means of conveyance, in order to meet a requirement of the importing country or a requirement of Canadian law. ( traitement préalable à l’expédition )
Ozone-depleting Substances and Halocarbon Alternatives Regulations — Ozone-depleting Substances and Halocarbon Alternatives Regulations
Protocol means the Montreal Protocol on Substances that Deplete the Ozone Layer , published by the United Nations Environment Programme and signed by Canada on September 16, 1987, in its most recent version. ( Protocole )
Ozone-depleting Substances and Halocarbon Alternatives Regulations — Ozone-depleting Substances and Halocarbon Alternatives Regulations
quarantine application means the treatment with methyl bromide of a commodity, product, facility or means of conveyance, when the treatment is intended to prevent the spread of, or to control or eradicate, pests of quarantine significance in order to meet a requirement of the importing country or a requirement of Canadian law. ( traitement en quarantaine )
Ozone-depleting Substances and Halocarbon Alternatives Regulations — Ozone-depleting Substances and Halocarbon Alternatives Regulations
reclaimed means, in respect of a substance, recovered and then reprocessed and upgraded through a process such as filtering, drying, distillation or chemical treatment to restore the substance to industry-accepted reuse standards. ( régénérée )
Ozone-depleting Substances and Halocarbon Alternatives Regulations — Ozone-depleting Substances and Halocarbon Alternatives Regulations
recovered means, in respect of a substance used and subsequently collected. ( récupérée )
Ozone-depleting Substances and Halocarbon Alternatives Regulations — Ozone-depleting Substances and Halocarbon Alternatives Regulations
recycled means, in respect of a substance, recovered, cleaned through a process such as filtering or drying and reused, including reused to recharge equipment. ( recyclée )
Ozone-depleting Substances and Halocarbon Alternatives Regulations — (a)
rigid foam product means a product containing or consisting of any of the following types of foam: (a) closed-cell rigid polyurethane foam, including one- and two-component froth, pour, spray, injected or bead-applied foam and polyisocyanurate foam; (b) closed-cell rigid polystyrene boardstock foam; (c) closed-cell rigid phenolic foam; (d) closed-cell rigid polyethylene foam that is suitable in shape, thickness and design to be used as a product that provides thermal insulation in heating, plumbing or refrigeration systems or industrial processes. ( produit en mousse rigide )
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Implementation of Canada’s obligations 2 The purpose of these Regulations is to implement Canada’s obligations under the Protocol by setting out rules concerning certain ozone-depleting substances and certain products containing or designed to contain ozone-depleting substances. These Regulations also set out rules concerning halocarbon alternatives.
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Application 3 These Regulations apply to (a) substances — including their isomers — whether existing alone or in a mixture, that are set out in Schedule 1 and specified on the List of Toxic Substances in Schedule 1 to the Act; and (b) products containing or designed to contain those substances.
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Non-application 4 These Regulations do not apply to (a) a substance if (i) it is produced incidentally in the manufacture of substances that are not regulated under these Regulations, or (ii) it is incidentally present in a mixture, product or equipment; (b) the quantity of a substance that is left in a container after it has been emptied and that does not exceed 10% of the total capacity in weight of the container for that substance; (c) a substance that is in transit through Canada from a place outside Canada to another place outside Canada, or a substance that is in transit through another country from a place in Canada to another place in Canada, if (i) the address of the destination is known on the date of entry into Canada or on the date of exit from Canada, and (ii) while in transit, the substance is not stored — other than in the normal course of transport — repackaged, sorted, altered in any manner or sold; or (d) an automobile that is in transit through Canada from a place outside Canada to another place outside Canada. SOR/2017-216, s. 1
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Prohibition — exporting substance without permit 5 It is prohibited for any person to export a substance set out in Table 1 of Schedule 1 without a permit issued under these Regulations.
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Purpose of exporting 6 (1) The permit may only be issued to export the substance to a Party for one of the following purposes: (a) its destruction; (b) its disposal if the substance was imported by mistake; (c) a use set out in column 3 of Table 1 of Schedule 1 if the substance was manufactured or imported for a use set out in that column; (d) its reclamation, if the substance is a CFC, a bromofluorocarbon or bromochlorodifluoromethane that is recovered, recycled or reclaimed; (e) any other purpose that complies with the laws of the importing Party, if the substance is a CFC, a bromofluorocarbon or bromochlorodifluoromethane. Exporting — regardless of purpose (2) A permit may also be issued to export, regardless of purpose, any of the following substances, if they are recovered, recycled or reclaimed: (a) bromochloromethane; (b) an HBFC; (c) any reclaimed CFC, tetrachloromethane or 1,1,1-trichloroethane.
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Obligation with respect to paragraph 6(2)(c) 7 The holder of a permit issued under subsection 6 (2) must export any substance set out in paragraph 6 (2)(c) to the country of origin of the substance within six months after its importation date.
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Refilling or servicing — foreign ship 8 Section 5 does not apply to a substance set out in Table 1 of Schedule 1 that is sold to a foreign ship for the refilling or servicing of its refrigeration, air-conditioning or fire-extinguishing equipment in a quantity that does not exceed the total capacity of that equipment.
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Prohibition — exporting product without permit 9 (1) It is prohibited for any person to export to a Party referred to in paragraph 1 of Article 5 of the Protocol a product containing or designed to contain any CFC, bromofluorocarbon, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane set out in Table 1 of Schedule 1 without a permit issued under these Regulations. Exception — fire-extinguishing equipment (2) Subsection (1) does not apply to fire-extinguishing equipment for use in aircraft, military ships or military vehicles.
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Prohibition — importing substance without permit 10 It is prohibited for any person to import a substance set out in Table 1 of Schedule 1 without a permit issued under these Regulations.
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Purpose of importing 11 (1) The permit may only be issued to import the substance from a Party for one of the following purposes: (a) its destruction; (b) a use set out in column 3 of Table 1 of Schedule 1; (c) its reclamation, if the substance is a CFC, tetrachloromethane, 1,1,1-trichloroethane, an HBFC or bromochloromethane that is recovered, recycled or reclaimed. Importing — regardless of purpose (2) A permit may also be issued to import, regardless of purpose, a bromofluorocarbon or bromochlorodifluoromethane that is recovered, recycled or reclaimed.
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Obligation to re-export in certain circumstances 12 The holder of the permit must ensure (a) if the permit is for a substance set out in paragraph 11 (1)(c), that the substance is reclaimed and re-exported to its country of origin within six months after its importation date; (b) if the permit is for a substance set out in subsection 11 (2), that the substance is re-exported to a Party, for any use that complies with the laws of that Party, within six months after its importation date; or (c) if the holder is unable to comply with paragraph (a) or (b), that the substance is sent for destruction, no later than three months after the end of the six-month period following the importation date, to a facility that is operated in accordance with the Handbook for the Montreal Protocol on Substances that Deplete the Ozone Layer , published by the Ozone Secretariat, United Nations Environment Programme, or that the substance is exported for destruction within that time.
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Prohibition — importing product 13 (1) It is prohibited for any person to import a product containing or designed to contain a substance set out in Table 1 of Schedule 1. Exception — miscellaneous products (2) Subsection 1 does not apply to (a) fire-extinguishing equipment containing or designed to contain a bromofluorocarbon or bromochlorodifluoromethane for use in aircraft, military ships or military vehicles if the equipment is imported from a Party; (b) an aircraft, ship or vehicle manufactured before January 1, 1999; (c) a personal or household effect for the person’s personal use; or (d) a product that contains a CFC supplied in a container of 3 L or less and that is used for a laboratory or analytical use.
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Prohibition — manufacturing substance 14 It is prohibited for any person to manufacture a substance set out in Table 1 of Schedule 1.
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Prohibition — manufacturing product 15 It is prohibited for any person to manufacture a product containing or designed to contain a substance set out in Table 1 of Schedule 1.
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Prohibition — using or selling substance 16 It is prohibited for any person to use or sell a substance set out in Table 1 of Schedule 1, unless (a) the substance is recovered, recycled or reclaimed; (b) the substance is sold to be destroyed; (c) the substance was manufactured or imported before the following date, whichever applies: (i) in the case of tetrachloromethane, January 1, 1995, (ii) in the case of 1,1,1-trichloroethane, January 1, 1996, (iii) in the case of a CFC, January 1, 1996, (iv) in the case of bromochlorodifluoromethane, bromotrifluoromethane and dibromotetrafluoroethane, July 1, 1994, (v) in the case of bromofluorocarbons other than those set out in subparagraph (iv), January 1, 1994, (vi) in the case of an HBFC, January 1, 1996, and (vii) in the case of bromochloromethane, January 1, 2002; (d) the substance was manufactured or imported for one of the uses set out in column 3 of that Table and it is used or sold for that same use; or (e) the substance is tetrachloromethane that was manufactured or imported in 1995 and it is used (i) in chlor-alkali plants as a diluent for nitrogen trichloride to prevent explosions, or (ii) as feedstock or for a laboratory or analytical use.
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CFCs, bromofluorocarbons, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane 17 It is prohibited for any person to use, for any other use, a CFC, a bromofluorocarbon, bromochlorodifluoromethane, tetrachloromethane or 1,1,1-trichloroethane that is recovered from a product in which that substance was used for one of the uses set out in column 3 of Table 1 of Schedule 1, or to sell that substance for any other use.
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Substance no longer needed 18 A person in possession of a substance set out in Table 1 of Schedule 1 that was imported 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); or (b) ensure that it is exported for destruction or for a use set out in column 3 of that Table.
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Products, containers and packaging material containing CFCs 19 (1) It is prohibited for any person to sell (a) a pressurized container that contains 10 kg or less of a CFC set out in Table 1 of Schedule 1; or (b) a container or packaging material for food or beverages that is made of a plastic foam in which a CFC set out in Table 1 of Schedule 1 is used as a foaming agent. Exception — metered-dose inhalers and products containing a CFC (2) Paragraph (1)(a) does not apply to (a) metered-dose inhalers — including those containing a mixture of active ingredients — other than nasal sprays and metered-dose inhalers whose active ingredient is salbutamol; or (b) products containing a CFC set out in Table 1 of Schedule 1 that is supplied in a container of 3 L or less for a laboratory or analytical use.
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Definition 20 For the purposes of this Part, methyl bromide includes products containing or designed to contain methyl bromide.
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Prohibition — exporting methyl bromide without permit 21 It is prohibited for any person to export methyl bromide without a permit issued under these Regulations.
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Purpose of exporting 22 The permit may only be issued to export methyl bromide to a Party for one of the following purposes: (a) its destruction; (b) its disposal if the methyl bromide was imported by mistake; or (c) a use set out in column 3 of Table 2 of Schedule 1 if the methyl bromide was manufactured or imported for a use set out in that column.
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Prohibition — importing methyl bromide without permit 23 It is prohibited for any person to import methyl bromide without a permit issued under these Regulations.
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Purpose of importing 24 The permit may only be issued to import methyl bromide from a Party for one of the following purposes: (a) its destruction; or (b) a use set out in column 3 of Table 2 of Schedule 1.
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Prohibition — manufacturing methyl bromide 25 It is prohibited for any person to manufacture methyl bromide.
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Prohibition — using or selling methyl bromide 26 It is prohibited for any person to use or sell methyl bromide, unless (a) it is sold for destruction; (b) it was manufactured or imported before January 1, 2005; (c) it was imported, and it is sold, for use as feedstock; (d) it was imported, and it is sold, for a laboratory or analytical use; or (e) it was imported, and it is sold, for use as a quarantine application or a pre-shipment application.
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Emergency use or critical use permit 27 It is prohibited for any person to use methyl bromide for an emergency use or a critical use without a permit issued under these Regulations.
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Information required by Protocol 28 Every person who anticipates using methyl bromide for a critical use in a given year must, by no later than July 29 of the year that is two years preceding the given year, submit — or cause to be submitted on their behalf — to the Minister the information required by the Handbook on Critical Use Nominations for Methyl Bromide , published by the Ozone Secretariat, United Nations Environment Programme.
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Critical use permit 29 (1) The Minister may issue a critical use permit for methyl bromide if a quantity of methyl bromide was granted to Canada by a Decision for the critical use category set out in the application. Calculation of annual quantity of methyl bromide (2) The annual quantity of methyl bromide for which a critical use permit may be issued is determined by the formula A × B / C where A is the total quantity of methyl bromide granted to Canada by a Decision for a critical use category; B is the lesser of the quantity of methyl bromide requested by the applicant in the permit application, and the quantity of methyl bromide set out in the information submitted by or on behalf of the applicant under section 28 ; and C is the total quantity of methyl bromide requested by Canada in the nomination under the Protocol.
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Prohibition — transferring without authorization 30 (1) It is prohibited for any person to transfer their critical use permit for methyl bromide or a portion of the quantity of methyl bromide set out in the permit unless the Minister allows the transfer under subsection (3). Application to Minister (2) The transferor and transferee must submit an application to the Minister for the transfer containing the information required by Schedule 3. Conditions (3) The Minister must allow the transfer if (a) the transferor has an unused quantity that is not less than the quantity of the proposed transfer; (b) the transferee has submitted, or caused to be submitted on their behalf, the information referred to in section 28 for a critical use of the same category as that set out in the permit; and (c) the transferee undertakes to use the quantity for a critical use of the same category as that set out in the permit. Written notice (4) The Minister must inform the transferor and transferee in writing of the decision concerning the application for a transfer. Breach of conditions of transfer (5) If the Minister has allowed a transfer and subsequently discovers that the transferee breached the undertaking referred to in paragraph (3)(c), the Minister must inform the transferee of the breach and the transferee must, without delay, transfer back to the transferor the unused portion of the quantity of methyl bromide.
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Grounds for refusal or cancellation 31 (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 use the methyl bromide 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 the unused portion of the quantity of methyl bromide.
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Substance no longer needed 32 A person in possession of a quantity of methyl bromide that was imported 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 the methyl bromide 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 or for a use set out in column 3 of Table 2 of Schedule 1; (c) if it was imported for use as a quarantine application or a pre-shipment application or for an emergency use or a critical use, transfer it for any one of those uses; (d) if it was imported for use as feedstock, transfer it for that same use; or (e) if it was imported for a laboratory or analytical use, transfer it for that same use.
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Prohibition — exporting HCFCs without permit 33 It is prohibited for any person to export an HCFC set out in Table 3 of Schedule 1 without a permit issued under these Regulations.
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Purpose of exporting 34 (1) The permit may only be issued to export an HCFC to a Party and, on or after January 1, 2020 — or, in the case of HCFC-123, on or after January 1, 2030 — for one of the following purposes: (a) its destruction; (b) its disposal if the HCFC was imported by mistake; (c) its use as feedstock; or (d) any other purpose that complies with the laws of the importing Party. Exporting — regardless of purpose (2) A permit may also be issued to export, regardless of purpose and at any time, an HCFC that is recovered, recycled or reclaimed. SOR/2017-216, s. 2(E)
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Refilling or servicing — foreign ship 35 Section 33 does not apply to an HCFC set out in Table 3 of Schedule 1 that is sold to a foreign ship for the refilling or servicing of its refrigeration, air-conditioning or fire-extinguishing equipment in a quantity that does not exceed the total capacity of that equipment.
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Prohibition — importing HCFCs without permit 36 It is prohibited for any person to import an HCFC set out in Table 3 of Schedule 1 without a permit issued under these Regulations.
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Purpose of importing 37 (1) The permit may only be issued to import an HCFC from a Party for one of the following purposes: (a) its destruction; or (b) a use set out in column 3 of Table 3 of Schedule 1. Importing — regardless of purpose (2) A permit may also be issued to import, regardless of purpose, an HCFC that is recovered, recycled or reclaimed until January 1, 2020 — or until January 1, 2030 in the case of HCFC-123.
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Exception — consumption allowance 38 (1) Section 36 does not apply to a person who is granted a consumption allowance for an HCFC or a transferee of a consumption 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. 1
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Refillable container 39 Any HCFC that is imported for use as a refrigerant must be stored in a refillable container.