jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
1. In this Regulation, “air-conditioning unit”, in respect of a motor vehicle, means a mechanical vapour compression device driven by an engine that provides cooling principally for the operator or passengers of the vehicle and that contains or is intended to contain a refrigerant; “chiller” means refrigeration equipment that uses a refrigerant to cool a secondary cooling fluid; “container” means a container other than refrigeration equipment or any of its parts; “Environmental Code of Practice” means the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems, published by the National Office of Pollution Prevention, Environmental Protection Service, Environment Canada, and dated March, 1996, as amended from time to time after that date; “industrial, commercial or institutional refrigeration equipment” means refrigeration equipment that is used for or in connection with any industrial, commercial or institutional purpose, but does not include mobile refrigeration equipment or a chiller; “mobile refrigeration equipment” means refrigeration equipment that is installed in, normally operates in, on or in conjunction with or is attached to a means of transportation, but does not include an air-conditioning unit in respect of a motor vehicle or a chiller; “refrigerant” means any liquid or gas used in refrigeration equipment and containing any substance listed in section 2; “refrigeration equipment” means an air-conditioning, heat pump, refrigeration or freezer unit. O. Reg. 189/94, s. 1; O. Reg. 238/01, s. 1; O. Reg. 180/07, s. 1.
Interpretation
2. This Regulation applies to refrigerants containing any of the following substances: 1. Chlorofluorocarbon. 2. Hydrochlorofluorocarbon. 3. Hydrofluorocarbon. O. Reg. 189/94, s. 2.
Interpretation
3. Nothing in this Regulation permits anything that is prohibited under the Act. O. Reg. 189/94, s. 3. General
General
4. (1) No person shall discharge or cause or permit the discharge of a refrigerant into the air within a building or into the natural environment. O. Reg. 180/07, s. 2. (2) A person who discharges or causes or permits the discharge of 100 kilograms or more of refrigerant into the air within a building or into the natural environment must report that fact to the Ministry of the Environment as soon as reasonably possible after the discharge occurs. O. Reg. 180/07, s. 2. Use and Disposal of Refrigeration Equipment
Use and Disposal of Refrigeration Equipment
5. (1) No person shall use, in a motor vehicle that requires a permit under the Highway Traffic Act, an air-conditioning unit that uses chlorofluorocarbon or hydrochlorofluorocarbon as a refrigerant unless the air-conditioning unit is in use in the motor vehicle on or before December 31, 1995 or installed in the motor vehicle on or before December 31, 1994. O. Reg. 238/01, s. 3. (2) No person shall refill an air-conditioning unit of a motor vehicle, whether or not it requires a permit under the Highway Traffic Act, with any refrigerant containing chlorofluorocarbons. O. Reg. 238/01, s. 3; O. Reg. 180/07, s. 3.
Use and Disposal of Refrigeration Equipment
6. (1) No person shall service or test refrigeration equipment that uses a refrigerant unless, (a) the person is certified under section 21; and (b) the person has access to equipment that is capable of collecting and capturing the refrigerant. O. Reg. 189/94, s. 6 (1); O. Reg. 180/07, s. 4 (1). (2) In clause (1) (b), a person has access to equipment if, (a) that person or his or her employer owns the equipment; or (b) that person or his or her employer has a written contract with a person who owns the equipment and the contract provides for immediate access to the equipment. O. Reg. 189/94, s. 6 (2). (3) No person shall add a refrigerant to refrigeration equipment for the purpose of testing the equipment. O. Reg. 180/07, s. 4 (2). (4) Subsection (3) does not apply to the testing of an air-conditioning unit of a motor vehicle carried out in accordance with the practices set out in the Environmental Code of Practice. O. Reg. 180/07, s. 4 (2). (5) This section does not apply to servicing or testing which takes place in the course of the manufacture of a product which is or which contains refrigeration equipment. O. Reg. 189/94, s. 6 (5).
Use and Disposal of Refrigeration Equipment
6.1 (1) Every person who services or tests refrigeration equipment shall create records containing the following information: 1. All amounts and types of refrigerant purchased or obtained for the purpose of servicing or testing equipment. 2. The amount of and explanation for any discharge of a refrigerant, whether or not it occurs in the course of servicing or testing equipment. 3. The date of any work done servicing or testing equipment, the name of the company doing the work and the name of the individual doing the work. 4. A description of the work done, the amount and type of refrigerant used in the work, the type of refrigerant recaptured in the course of the work and an estimate of the amount of refrigerant recaptured in the course of the work. O. Reg. 238/01, s. 5; O. Reg. 180/07, s. 5 (1). (2) A copy of each record created under subsection (1) shall contain the name of the seller of the refrigerant and shall be kept for a period of two years from the date of its creation by, (a) the employer of the person who serviced or tested the refrigeration equipment if done as part of the person’s employment; or (b) if clause (a) does not apply, the person who serviced or tested the refrigeration equipment. O. Reg. 180/07, s. 5 (2). (3) This section does not apply to servicing or testing that takes place in the course of the manufacture of a product that is or that contains refrigeration equipment. O. Reg. 180/07, s. 5 (2).
Use and Disposal of Refrigeration Equipment
6.2 Subject to subsection 6 (3), every person who conducts a test to determine if there is a leak in refrigeration equipment that uses a refrigerant shall conduct the test in accordance with the practices set out in the Environmental Code of Practice. O. Reg. 180/07, s. 6.
Use and Disposal of Refrigeration Equipment
7. (1) Every person who conducts a test to determine if there is a leak in refrigeration equipment that uses a refrigerant shall place a notice on the equipment at the end of the test setting out, (a) the date of the test; (b) the person’s name; (c) the certificate number and expiry date appearing on the person’s certificate; (c.1) the name of the person’s employer, if the test is conducted in the course of the person’s employment; (d) the results of the test; and (e) if there is a leak in the equipment, a statement that no refrigerant shall be added to the equipment until the leak is repaired. O. Reg. 189/94, s. 7 (1); O. Reg. 180/07, s. 7 (1, 2). (2) In the case of a test conducted on refrigeration equipment in a motor vehicle, the required notice may be affixed to the frame or edge of the door nearest to the driver’s seat. O. Reg. 189/94, s. 7 (2). (3) Every person who conducts a test under subsection (1) shall inform the person who owns or has control of the refrigeration equipment about the results of the test. O. Reg. 189/94, s. 7 (3). (4) A copy of each notice issued under subsection (1) shall be kept for a period of two years from the date of its issuance by, (a) the employer of the person who conducted the test if done as part of the person’s employment; or (b) the person who conducted the test if clause (a) does not apply. O. Reg. 189/94, s. 7 (4); O. Reg. 180/07, s. 7 (3). (5) No person shall remove a notice issued under subsection (1) from any refrigeration equipment unless it is for the purpose of setting out a new notice issued under subsection (1). O. Reg. 189/94, s. 7 (5). (6) This section does not apply to servicing or testing which takes place in the course of the manufacture of a product which is or which contains refrigeration equipment. O. Reg. 189/94, s. 7 (6).
Use and Disposal of Refrigeration Equipment
7.1 Every person who conducts a purge on a low pressure chiller on or after January 1, 2009 shall do so in accordance with the practices set out in the Environmental Code of Practice. O. Reg. 180/07, s. 8.
Use and Disposal of Refrigeration Equipment
8. (1) No person shall refill refrigeration equipment with a refrigerant unless there is a notice on the equipment issued under subsection 7 (1) that indicates that there are no leaks in it. O. Reg. 189/94, s. 8 (1). (2) No person shall refill refrigeration equipment with a refrigerant if, (a) the results of a test are more than six months old; or (b) the equipment appears damaged in a manner that may have had the effect of permitting the discharge of the refrigerant into the air within a building or into the natural environment. O. Reg. 189/94, s. 8 (2); O. Reg. 180/07, s. 9 (1). (3) Subsections (1) and (2) do not apply if there is no reasonable alternative to the refilling of the refrigeration equipment and there is, (a) an immediate danger to human life or health; or (b) an immediate danger to crops, plant or animal life or foodstuffs on a farm or at a food packing, processing or storage facility. O. Reg. 189/94, s. 8 (3); O. Reg. 180/07, s. 9 (2). (4) Where refrigeration equipment is refilled and subsections (1) or (2) are not followed, the owner of the equipment shall, (a) immediately report the circumstances to the Director and the actions taken; (b) immediately test the refrigeration equipment for leaks and fix any leaks within seven days; and (c) report to the Director the results of the test and confirming the fixing of any leaks and enclosing a copy of the current notice issued under subsection 7 (1). O. Reg. 189/94, s. 8 (4).
Use and Disposal of Refrigeration Equipment
8.1 (1) On and after January 1, 2009, no person shall refill or permit the refill of industrial, commercial or institutional refrigeration equipment that has one or more compressors with a total capacity of more than 22 kilowatts with any refrigerant containing chlorofluorocarbons. O. Reg. 180/07, s. 10. (2) On and after January 1, 2012, no person shall use industrial, commercial or institutional refrigeration equipment that has one or more compressors with a total capacity of more then 22 kilowatts if the equipment uses a refrigerant containing chlorofluorocarbons. O. Reg. 180/07, s. 10.
Use and Disposal of Refrigeration Equipment
8.2 (1) On and after January 1, 2009, no person shall refill or permit the refill of a chiller with any refrigerant containing chlorofluorocarbons if the chiller has undergone a major overhaul, except as provided in subsection (2). O. Reg. 180/07, s. 10. (2) A chiller that has undergone a major overhaul may be refilled with a refrigerant containing chlorofluorocarbons if, before January 1, 2009, the owner of the chiller submits a written notice to the Director setting out a date that is no later than December 31, 2011 by which the owner intends to discontinue the use of the chiller or convert the chiller so that it will not use any refrigerant containing chlorofluorocarbons. O. Reg. 180/07, s. 10. (3) A written notice under subsection (2) shall specify whether the owner intends to discontinue the use of the chiller or convert the chiller so that it will not use any refrigerant containing chlorofluorocarbons. O. Reg. 180/07, s. 10. (4) On and after January 1, 2012, no person shall use a chiller if the chiller uses a refrigerant containing chlorofluorocarbons. O. Reg. 180/07, s. 10. (5) No person shall use a chiller to which subsection (2) applies after the date set out in the written notice if the chiller uses a refrigerant containing chlorofluorocarbons. O. Reg. 180/07, s. 10. (6) Despite subsection (1), during the period between January 1, 2009 and December 31, 2011, inclusive, a chiller that has undergone a major overhaul may be refilled with a refrigerant containing chlorofluorocarbons if the chiller’s incapacity is, (a) an immediate threat to human life or health; or (b) an immediate danger to crops, plant or animal life or foodstuffs on a farm or at a food packing, processing or storage facility. O. Reg. 180/07, s. 10. (7) Subject to subsection (4), no person shall use a chiller to which subsection (6) applies and subsection (2) does not apply more than one year after the day on which it is refilled unless it no longer contains a refrigerant containing chlorofluorocarbons. O. Reg. 180/07, s. 10. (8) A person who uses a chiller to which subsection (2) or (6) applies shall, within seven days of the refilling of the chiller, give written notice to the Director setting out the date on which the chiller was refilled. O. Reg. 180/07, s. 10. (9) In this section, “major overhaul” means a procedure carried out on or a repair made to a chiller on or after January 1, 2009 that includes, (a) the replacement or modification of any internal sealing devices in the chiller, (b) the replacement or modification of an internal mechanical moving part, other than an oil heater, an oil pump or a float assembly and other than a vane assembly, in the case of a chiller with a single-stage compressor, (c) a repair required as a result of the failure of an evaporator or condenser heat exchanger tube, or (d) any combination of the procedures or repairs in clauses (a) to (c). O. Reg. 180/07, s. 10.
Use and Disposal of Refrigeration Equipment
9. (1) A person who determines that refrigeration equipment no longer contains any refrigerant shall place a notice on the equipment setting out, (a) the date of the determination; (b) the person’s name; (c) the certificate number and expiry date appearing on the person’s certificate; (c.1) the name of the person’s employer, if the determination is made in the course of the person’s employment; and (d) a statement that the equipment no longer contains any refrigerant. O. Reg. 189/94, s. 9 (1); O. Reg. 180/07, s. 11 (1, 2). (2) A copy of each notice issued under subsection (1) shall be kept for a period of two years from the date of its issue by, (a) the employer of the person who placed the notice on the equipment if done as part of the person’s employment; or (b) the person who placed the notice on the equipment if clause (a) does not apply. O. Reg. 189/94, s. 9 (2); O. Reg. 180/07, s. 11 (3).
Use and Disposal of Refrigeration Equipment
10. (1) No person shall dismantle, destroy or incinerate refrigeration equipment or dispose of it by landfilling or by depositing it at a dump unless there is a notice issued under subsection 9 (1) on the equipment. O. Reg. 189/94, s. 10 (1). (2) This section does not apply to dismantling which takes place in the course of the manufacture of a product which is or which contains refrigeration equipment. O. Reg. 189/94, s. 10 (2). (3) For the purposes of subsection (1), the deposit of waste at a dump does not include the handling, storing, transferring, treating or processing of waste at a dump. O. Reg. 189/94, s. 10 (3). (4) In this section, “dump” and “landfilling” have the same meaning as defined in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management). O. Reg. 189/94, s. 10 (4). (5) This section does not apply to refrigeration equipment which has been used by a person for his or her own domestic purposes until December 1, 1995. O. Reg. 189/94, s. 10 (5). Sale of Refrigerant
Sale of Refrigerant
11. (1) No person shall sell a refrigerant to any person unless the refrigerant is sold to the person, (a) in a container which is both refillable and recyclable; (b) in refrigeration equipment or any of its parts; or (c) as part of the servicing of refrigeration equipment. O.Reg. 189/94, s. 11 (1). (2), (3) Revoked: O. Reg. 238/01, s. 6.
Sale of Refrigerant
12. No person shall sell and no person shall purchase a refrigerant in a container unless the purchaser is, (a) a wholesaler in a refrigerant, including any person who acquires the refrigerant for the purpose of resale; (b) a person certified under section 21; or (c) a person who employs a person certified under section 21. O. Reg. 189/94, s. 12; O. Reg. 238/01, s. 7; O. Reg. 180/07, s. 12.
Sale of Refrigerant
13. (1) No person shall sell a refrigerant in a container unless the seller charges a deposit of at least $25 for the container at the time of the sale. O. Reg. 189/94, s. 13 (1). (2) Every seller of a refrigerant shall accept every used container originally sold by the seller and shall pay to the person presenting the container the amount of the deposit that was originally charged for the container at the time of the sale. O. Reg. 189/94, s. 13 (2). (3) This section applies only to a container which is labelled in accordance with section 16. O. Reg. 189/94, s. 13 (3).
Sale of Refrigerant
14. (1) Every seller shall keep and maintain a record of every sale of a container of refrigerant setting out the following information in separate columns in the record: 1. The date of the sale. 2. The type and quantity of the refrigerant that was sold. 3. The purchaser’s name. 4. Where the purchaser is a person certified under section 21, the certificate number and expiry date appearing on the purchaser’s certificate. 5. Where the purchaser is the employer of a person certified under section 21, the certificate number and expiry date appearing on the certificate of the certified person. O. Reg. 189/94, s. 14 (1). (2) Every seller shall keep each record made under subsection (1) for a period of two years after the date of the sale. O. Reg. 189/94, s. 14 (2); O. Reg. 180/07, s. 13.
Sale of Refrigerant
15. Sections 11 to 14 do not apply with respect to the sale of a refrigerant by a manufacturer if the delivery of the refrigerant from the manufacturer to the purchaser is effected by depositing the refrigerant directly into a tank vehicle or refrigeration equipment. O. Reg. 189/94, s. 15. Use and Disposal of Refrigerant Containers
Use and Disposal of Refrigerant Containers
16. No person shall fill a container with a refrigerant unless the container has a clearly marked label on the front of it setting out, (a) the name of the refrigerant inside the container; (b) that the container is both refillable and recyclable; (c) that the container can be returned to the place where it was purchased for a minimum refund of $25; and (d) that the container cannot be disposed of by depositing in a dump or landfilling site. O. Reg. 189/94, s. 16; O. Reg. 180/07, s. 14.
Use and Disposal of Refrigerant Containers
17. (1) Every person who determines for the purpose of section 18 that a container no longer contains any refrigerant shall place a notice on the container setting out, (a) the date of the determination; (b) the person’s name; (c) the certificate number and expiry date appearing on the person’s certificate; (c.1) the name of the person’s employer, if the determination is made in the course of the person’s employment; and (d) a statement that the container no longer contains any refrigerant. O. Reg. 189/94, s. 17 (1); O. Reg. 180/07, s. 15 (1, 2). (1.1) A person shall not place a notice on a container setting out a statement that the container no longer contains any refrigerant unless the person is certified under section 21. O. Reg. 180/07, s. 15 (3). (2) A copy of each notice issued under subsection (1) shall be kept for a period of two years from the date that it is issued by, (a) the employer of the person who placed the notice on the container if done as part of the person’s employment; or (b) the person who placed the notice on the container if clause (a) does not apply. O. Reg. 189/94, s. 17 (2); O. Reg. 180/07, s. 15 (4).
Use and Disposal of Refrigerant Containers
18. No person shall dismantle, destroy or recycle a container that has a label or any other marking on it which identifies that it has contained a refrigerant unless there is a notice on the container issued under subsection 17 (1). O. Reg. 189/94, s. 18.
Use and Disposal of Refrigerant Containers
19. (1) No person shall dispose of a container by depositing it in a dump or landfilling site, if the container has a label or any other marking on it which identifies that it has contained a refrigerant. O. Reg. 189/94, s. 19 (1). (2) No person shall accept a container for disposal by depositing in a dump or landfilling site, if the container has a label or any other marking on it which identifies that it has contained a refrigerant. O. Reg. 189/94, s. 19 (2).
Use and Disposal of Refrigerant Containers
20. Every person who owns a container that has contained a refrigerant shall make all reasonable efforts to refill or recycle the container. O. Reg. 189/94, s. 20. Certification in Use of Refrigerants and Refrigeration Equipment
Certification in Use of Refrigerants and Refrigeration Equipment
21. (1) A person qualifies for a certificate under this Regulation if the person has successfully completed a course approved by the Director that, in the opinion of the Director, provides adequate training and testing with respect to the use and handling of ozone depleting substances, refrigerants and refrigeration equipment. O. Reg. 189/94, s. 21 (1). (2) Subject to subsections (7) to (9), the Director shall issue a certificate to a person if, (a) the person meets the requirements under subsection (1); and (b) the person has paid any fee applicable to the issuance of a certificate. O. Reg. 180/07, s. 16. (3) Subject to subsections (7) to (9), the Director shall renew the certificate of a person if, (a) the person makes a request for a renewal certificate before the expiry date set out on the certificate; and (b) the person has paid any fee applicable to the issuance of a renewal certificate. O. Reg. 180/07, s. 16. (4) A certificate shall set out, (a) the name of the person who holds the certificate; (b) a certificate number; and (c) an expiry date. O. Reg. 180/07, s. 16. (5) Subject to subsections (7) to (9), a certificate is valid for five years from the date that it is issued. O. Reg. 180/07, s. 16. (6) Despite subsection (5), a certificate issued before May 4, 2007 expires on the expiry date set out on the certificate. O. Reg. 180/07, s. 16. (7) The Director may refuse to issue a certificate to a person or may revoke a certificate issued to a person if the past conduct of the person affords reasonable grounds to believe that the person will not comply with the requirements of this Regulation. O. Reg. 180/07, s. 16. (8) If the Director proposes to refuse to issue a certificate to a person or to revoke a certificate issued to a person, the Director shall give written notice to the person setting out the Director’s reasons for the proposal and informing the person that he or she may make written submissions to the Director within 30 days after the date of the notice. O. Reg. 180/07, s. 16. (9) The Director shall, after considering any written submissions made under subsection (8), (a) refuse to issue the certificate or revoke the certificate; or (b) issue the certificate or give the person written notice that the Director has decided not to revoke the certificate. O. Reg. 180/07, s. 16. Other Provisions Relating to Refrigerants Containing Chlorofluorocarbons
Other Provisions Relating to Refrigerants Containing Chlorofluorocarbons
22. (1) Subject to subsection (3), if, immediately before January 1, 2012, a person is in possession of refrigerant containing chlorofluorocarbons that was collected from refrigeration equipment, the person shall, not later than July 1, 2012, deliver the refrigerant to a wholesaler who sells or distributes refrigerants. O. Reg. 180/07, s. 17. (2) Subject to subsection (3), if, on or after January 1, 2012, a person collects refrigerant containing chlorofluorocarbons from refrigeration equipment, the person shall, within six months after the refrigerant was collected, deliver the refrigerant to a wholesaler who sells or distributes refrigerants. O. Reg. 180/07, s. 17. (3) On application, the Director may extend the time within which a person is required to deliver refrigerant to a wholesaler under subsection (1) or (2) if the Director is satisfied that, for reasons beyond the person’s control, the person is unable to deliver the refrigerant to the wholesaler within the time required by subsection (1) or (2), as the case may be. O. Reg. 180/07, s. 17. (4) A person who is required to deliver refrigerant to a wholesaler under this section shall deliver it, (a) in a container that is labelled in accordance with section 16; and (b) at the wholesaler’s normal place of business during normal business hours. O. Reg. 180/07, s. 17.
Other Provisions Relating to Refrigerants Containing Chlorofluorocarbons
23. (1) If, on or after January 1, 2009, a person delivers a refrigerant containing chlorofluorocarbons to a wholesaler who sells or distributes refrigerants, the wholesaler shall accept the refrigerant at no charge. O. Reg. 180/07, s. 17. (2) Subsection (1) does not apply unless the refrigerant is delivered to the wholesaler, (a) in a container that is labelled in accordance with section 16; and (b) at the wholesaler’s normal place of business during normal business hours. O. Reg. 180/07, s. 17.
Other Provisions Relating to Refrigerants Containing Chlorofluorocarbons
24. (1) On and after July 1, 2012, refrigerant containing chlorofluorocarbons that was collected from refrigeration equipment is designated a hazardous waste under Part V of the Act. O. Reg. 180/07, s. 17. (2) Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act applies to a material that is designated a hazardous waste by this section as if the material was a hazardous waste and a subject waste within the meaning of that regulation. O. Reg. 180/07, s. 17.