Federal Halocarbon Regulations, 2022

Contents

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment published in the Canada Gazette, Part I, on November 14, 2020, a copy of the proposed Federal Halocarbon Regulations, 2020, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;^note^noteAnd whereas, in accordance with subsection 209(3) of that Act, that Minister has, before recommending the proposed Regulations, offered to consult with the governments of territories to which the proposed Regulations apply and with the members of the National Advisory Committee who are representatives of aboriginal governments that have jurisdiction over aboriginal land to which the proposed Regulations apply;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to sections 209 and 286.1 of the Canadian Environmental Protection Act, 1999 and pursuant to subsection 5(1) of the Environmental Violations Administrative Monetary Penalties Act, makes the annexed Federal Halocarbon Regulations, 2022.^note^note^note

Definitions

1Definitions#

The following definitions apply in these Regulations.

air-conditioning system or refrigeration system means a system that has a compressor, condenser, evaporator and expansion valve, and that contains or is designed to contain a halocarbon refrigerant. (système de climatisation ou de réfrigération)

certified person means a person who

(a)holds a valid certificate recognized by at least one province indicating completion of an environmental awareness course in recycling, recovery and handling procedures in respect of halocarbon refrigerants; and

(b)is recognized by the Canadian Forces or under the laws of Canada or a province as qualified to work on air-conditioning systems or refrigeration systems. (personne accréditée)

container means a container that contains or is designed to contain a halocarbon for the purpose of storage or transportation. (récipient)

fire-extinguishing system means a portable or fixed system that contains or is designed to contain a halocarbon fire-extinguishing agent. (système d’extinction d’incendie)

halocarbon means a substance set out in Schedule 1, whether existing alone or in a mixture, and includes isomers of any such substance. (halocarbure)

installation means

(a)in the case of an air-conditioning system or refrigeration system or solvent system, joining two or more components that contain or are designed to contain a halocarbon essential to the operation of the system;

(b)in the case of a fixed fire-extinguishing system, adding a component — that contains or is designed to contain a halocarbon — to the other components of the system in order to make the system operational; and

(c)in the case of a new portable fire-extinguishing system, making it available. (installation)

large, in relation to an air-conditioning system or refrigeration system, describes a system that consists of

(a)a single refrigerant circuit that contains or is designed to contain more than 10 kg of halocarbon; or

(b)multiple refrigerant circuits one or more of which contains or is designed to contain more than 10 kg of halocarbon. (de grande capacité)

military vehicle means a ship or aircraft, as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999, or a land vehicle, that is designed to be used in combat or in a combat support role. (véhicule militaire)

recycling, in respect of a halocarbon, means recovering and, if needed, cleaning by a process such as filtering or drying, and reusing to charge an air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container. (recyclage)

responsible person, in respect of an air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container, means the person responsible for its service and operation. (personne responsable)

service means any work that is carried out on an air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container and that involves the components that contain or are designed to contain a halocarbon, such as the charging of a system or container with a halocarbon, the removal or reassembly of one or more components of the circuit containing a halocarbon or the detection and repair of leaks. (entretien)

small, in relation to an air-conditioning system or refrigeration system, describes a system that consists of

(a)a single refrigerant circuit that contains or is designed to contain 10 kg or less of halocarbon; or

(b)multiple refrigerant circuits each of which contains or is designed to contain 10 kg or less of halocarbon. (de petite capacité)

solvent system means a system that uses or is designed to use a halocarbon as a solvent, including in a cleaning application. It does not include a system or application that uses a halocarbon as a laboratory analytical standard or laboratory reagent or in a process in which the halocarbon is converted into another substance or is generated but ultimately converted into a different substance. (système de solvants)

Application

2Application#

(1)These Regulations apply to air-conditioning systems or refrigeration systems, solvent systems, fire-extinguishing systems and containers located in Canada that are

(a)owned by Her Majesty in right of Canada, a board or agency of the Government of Canada, a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or a federal work or undertaking; or

(b)located on aboriginal lands or federal lands.

(2)These Regulations do not apply to foam products.

Prohibitions

3Release of halocarbon#

(1)A person must not release, or allow or cause the release of, a halocarbon that is contained in

(a)an air-conditioning system or refrigeration system, fire-extinguishing system or container; or

(b)equipment used in the reuse, recycling, reclamation or storage of a halocarbon.

(2)Subsection (1) does not apply if the release of a halocarbon

(a)is for the purpose of calibrating leak-detecting devices with equipment designed specifically for that purpose and the manufacturer's recommended procedures are followed;

(b)results from connecting or disconnecting hoses that are less than 1 m in length and used for charging with, or recovering, a halocarbon;

(c)results from a purge system on an air-conditioning system or refrigeration system, including any associated recovery equipment, that emits less than 0.1 kg of halocarbon per kilogram of air purged to the environment; or

(d)is from a fire-extinguishing system for the purpose of

(i)fighting a fire that is not set for training purposes, or

(ii)testing the system in a military vehicle as authorized by a permit issued under subsection 20(2).

(3)In this section, reclamation, in respect of a halocarbon, means its recovery, reprocessing and upgrading through a process such as filtering, drying, distilling and treating chemically in order to restore the halocarbon to industry-accepted reuse standards.

4Installation or activation#

A person must not install or activate an air-conditioning system or refrigeration system or fire-extinguishing system that contains or is designed to contain a halocarbon listed in any of items 1 to 9 of Schedule 1 unless

(a)the person is reactivating the system at the same site;

(b)the person is installing a fire-extinguishing system in a military vehicle;

(c)the person is installing a fire-extinguishing system during the manufacture of a new civilian aircraft in accordance with the Convention on International Civil Aviation, signed at Chicago on December 7, 1944, as amended from time to time; or

(d)in the case of a fire-extinguishing system, the person is authorized to do so by a permit issued under subsection 20(2).

5Solvent system — items 1 to 9 of Schedule 1#

(1)A person must not install or use a solvent system that uses or is designed to use a halocarbon listed in any of items 1 to 9 of Schedule 1.

(2)A person must not install or use a solvent system that uses or is designed to use a halocarbon listed in item 11 or 12 of Schedule 1 unless they are authorized to do so by a permit issued under subsection 20(2).

6Storage or transport#

(1)A person must not store or transport a halocarbon unless it is in a container that is designed and manufactured to be refilled and to contain that specific type of halocarbon.

(2)Subsection (1) does not apply in respect of a halocarbon that is used as a laboratory analytical standard or a laboratory reagent.

7Chiller#

(1)A person must not operate a chiller that contains a halocarbon listed in any of items 1 to 9 of Schedule 1.

(2)In this section, chiller means an air-conditioning system or refrigeration system that has a compressor, an evaporator and a secondary coolant, but does not include an absorption chiller.

8Purge system#

A person must not install or operate a purge system, including any associated recovery equipment, unless the system emits less than 0.1 kg of halocarbon per kilogram of air purged to the environment.

9Charging — leak detection#

A person must not charge an air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container with a halocarbon for the purpose of leak testing the system or container.

10Charging with a halocarbon#

Subject to section 11, a person must not charge an air-conditioning system or refrigeration system, fire-extinguishing system or container with a halocarbon unless

(a)a person has previously leak tested the system or container; and

(b)in the case where a leak is detected, the person has notified the owner of the system or container of the leak and the leak has been repaired.

11Non-application of section 10#

(1)If a leak is detected from an air-conditioning system or refrigeration system or fire-extinguishing system and it is necessary to charge the system with a halocarbon to prevent an immediate danger to the environment or to human life or health, section 10 does not apply during the period in which the danger persists.

(2)If a system is charged under the circumstances described in subsection (1),

(a)the person who charged it must immediately notify the owner; and

(b)the owner must, within seven days after being notified, submit a report to the Minister in a paper format or in an electronic format compatible with that used by the Minister, containing the information set out in Part 1 of Schedule 2.

12Charging — air-conditioning or refrigeration#

(1)A person must not charge an air-conditioning system or refrigeration system with a halocarbon listed in any of items 1 to 9 of Schedule 1.

(2)Subsection (1) does not apply if the charge replaces a halocarbon that is recovered to service the system and the charge does not result in a net gain in the amount of halocarbon contained in the system.

13Charging — fire-extinguishing system#

A person must not charge a fire-extinguishing system with a halocarbon listed in any of items 1 to 9 of Schedule 1 unless

(a)the charge replaces a halocarbon that is recovered to service the system and the charge does not result in a net gain in the amount of halocarbon contained in the system;

(b)the system is for use in a military vehicle;

(c)the system is for use in a civilian aircraft; or

(d)the person is authorized to charge the system by a permit issued under subsection 20(2).

Installation, Servicing, Recovery and Withdrawal from Use

14Certified person#

Only a certified person may install, service or recover a halocarbon from an air-conditioning system or refrigeration system.

15Recovery of halocarbon#

(1)The certified person who installs or services an air-conditioning system or refrigeration system, and the responsible person who installs or services a solvent system, fire-extinguishing system or container, must recover any halocarbon that would otherwise be released during those procedures into a container designed to contain that specific type of halocarbon.

(2)The equipment used to recover a halocarbon from a fire-extinguishing system must have a rated transfer efficiency of at least 99%.

16Permanent withdrawal from use#

(1)The certified person who permanently withdraws from use an air-conditioning system or refrigeration system, and the responsible person who permanently withdraws from use a solvent system, fire-extinguishing system or container, must first

(a)recover all halocarbon contained in the system or container into a container designed to contain that specific type of halocarbon; and

(b)affix a notice to the system or container containing the information set out in Part 2 of Schedule 2.

(2)Subsection (1) does not apply to a small air-conditioning system or refrigeration system if the system is being transferred to a new owner, it is in operating condition and its transfer does not result in the release of a halocarbon.

Leaks and Leak Tests

17Frequency of leak tests#

The certified person in respect of a large air-conditioning system or refrigeration system, and the responsible person in respect of a fire-extinguishing system or container that contains or is designed to contain more than 10 kg of halocarbon, must conduct a leak test of its components that contain a halocarbon at least once every calendar year and no more than 15 months since the previous test.

18Leak — system#

The certified person in respect of an air-conditioning system or refrigeration system, and the responsible person in respect of a fire-extinguishing system, must, as soon as possible in the circumstances after a leak from the system is detected, and in any case within seven days after the leak is detected,

(a)repair the leak;

(b)isolate the leaking portion of the system and recover the halocarbon from it; or

(c)recover the halocarbon from the system.

19Leak — container#

As soon as possible in the circumstances after a leak from a container is detected, and in any case within seven days after the day on which the leak is detected, the responsible person in respect of the container must repair the leak or recover the halocarbon from the container.

Permits

20Application for permit#

(1)The owner of a solvent system or fire-extinguishing system must submit to the Minister an application for a permit, on a form that the Minister provides, containing the information set out in Part 3 of Schedule 2, if the owner proposes to

(a)test a fire-extinguishing system in a military vehicle in accordance with subparagraph 3(2)(d)(ii);

(b)install a fire-extinguishing system mentioned in section 4;

(c)install or use a solvent system mentioned in subsection 5(2); or

(d)charge a fire-extinguishing system mentioned in section 13.

(2)If the information required under subsection (1) has been provided and the Minister determines that no technically or financially feasible alternative to the use of the halocarbon exists that could have a less harmful impact on the environment or on human life or health, the Minister must issue a permit that is valid for one year beginning on the day of issuance in the case of a solvent system or for three years beginning on that day in the case of a fire-extinguishing system.

21Cancellation of permit#

(1)The Minister may cancel a permit if any false or misleading information has been submitted in support of the application for the permit.

(2)Before cancelling a permit, the Minister must notify the permit holder of the proposed cancellation and the reasons for it and give them an opportunity to make verbal or written representations in respect of the cancellation.

Inventory, Activity Logs and Reports

22Creation of inventory#

Before the first anniversary of the day on which these Regulations come into force, the owner of a large air-conditioning system or refrigeration system, or of a solvent system, fire-extinguishing system or container that contains or is designed to contain more than 10 kg of halocarbon, must establish and maintain an inventory containing the information set out in Part 4 of Schedule 2.

23Activity log — large system#

(1)The responsible person in respect of a large air-conditioning system or refrigeration system, or a solvent system, fire-extinguishing system or container that contains or is designed to contain more than 10 kg of halocarbon, must maintain an activity log containing the information set out in Part 5 of Schedule 2 in which an entry is recorded for each time the system or container is installed, serviced or permanently withdrawn from use or ownership has been transferred.

(2)The responsible person in respect of a small air-conditioning system or refrigeration system, or a solvent system, fire-extinguishing system or container that contains or is designed to contain 10 kg or less of halocarbon, must maintain an activity log containing the information set out in Part 5 of Schedule 2 in which an entry is recorded for each time the system or container is serviced.

24Reports — release of 100 kg or more#

In the event of a release of 100 kg or more of halocarbon from an air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container, the owner of the system or container must submit the following reports to the Minister, within the applicable period:

(a)within 24 hours after the release is detected, a verbal report or a report in a paper format or in an electronic format compatible with that used by the Minister containing the information set out in Part 6 of Schedule 2; and

(b)within 30 days after the release is detected, a report in a paper format or in an electronic format compatible with that used by the Minister, containing the information set out in Part 7 of Schedule 2.

25Report — release of less than 100 kg#

In the event of a release of more than 10 kg but less than 100 kg of halocarbon from an air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container, the owner of the system or container must submit a report in a paper format or in an electronic format compatible with that used by the Minister, containing the information set out in Part 7 of Schedule 2 within the applicable period:

(a)no later than July 31 for releases detected during the period that begins on January 1 and ends on June 30 of the same year; and

(b)no later than January 31 of the following year for releases detected during the period that begins on July 1 and ends on December 31.

Retention of Documents

26Retention of documents#

(1)The owner of an air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container must retain on the site where the system or container is located all documents or copies of those documents required under these Regulations for a period of at least five years after the day on which they are prepared or submitted, and must provide them to the Minister on request.

(2)The owner must retain at their principal place of business in Canada a copy of the documents for each system or container that is located in a means of transportation, on a site to which access is limited for at least four months in a year or on a site where the owner is not present regularly, and must provide them to the Minister on request.

(3)Documents referred to in subsection (1) or (2) may be retained in electronic format compatible with that used by the Minister.

Consequential Amendments

Canadian Environmental Protection Act, 1999

Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

27 #

[Amendments]

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

28 #

[Amendments]

Repeal

29 #

The Federal Halocarbon Regulations, 2003 are repealed.

Coming into Force

30Registration#

These Regulations come into force on the day on which they are registered.

Schedule 1 · (Sections 1, 4 and 5, subsections 7(1) and 12(1) and section 13)

Schedule 2 · (Paragraphs 11(2)(b) and 16(1)(b), subsection 20(1), sections 22 and 23, paragraphs 24(a) and (b) and section 25)

Information to be Contained in DocumentHalocarbon Charging Report (paragraph 11(2)(b))1 type of equipment (air-conditioning system or refrigeration system or fire-extinguishing system)2 name and address of owner of system3 name of responsible person in respect of system4 specific location of system5 serial number or unique identifier assigned by owner of system6 type of halocarbon contained in system7 charging capacity in kilograms of system8 date of charge9 quantity in kilograms of halocarbon charged into system10 nature of immediate danger to the environment or human life or health11 circumstances that justify charge in order to prevent immediate danger12 date of repair of leak or recovery of remaining halocarbonNotice of Withdrawal From Use (paragraph 16(1)(b))1 type of equipment (air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container)2 name and address of owner of system or container3 name of responsible person in respect of system or container4 specific location of system or container before its withdrawal from use5 serial number or unique identifier assigned by owner of system or container6 type and quantity in kilograms of halocarbon recovered from system or container7 charging capacity in kilograms of system or container8 name of certified person or other person who performed activity and name of their employer9 certificate number of certified person (if applicable)Application for a Permit (subsection 20(1))1 type of equipment (solvent system or fire-extinguishing system)2 type of permit requested (test, installation, charge or use)3 name and address of applicant4 specific location of system5 serial number or unique identifier assigned by owner of system6 type of halocarbon contained in system7 charging capacity in kilograms of system8 request for confidentiality under subsection 313(1) of the Canadian Environmental Protection Act, 19999 declaration that there is no technically or financially feasible alternative that could have a less harmful impact on the environment or on human life or health10 information in support of declaration, including research on alternatives and reasons they are not technically or financially feasibleInventory (section 22)1 For each large air-conditioning system or refrigeration system, or solvent system, fire-extinguishing system or container that contains or is designed to contain more than 10 kg of halocarbon:(a) type of equipment (air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container)(b) name and address of owner of system or container(c) name of responsible person in respect of system or container and their title or position(d) specific location of system or container(e) serial number or unique identifier assigned by owner of system or container(f) type of halocarbon contained in system or container(g) charging capacity in kilograms of system or containerActivity Log (section 23)1 type of equipment (air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container)2 name and address of owner of system or container3 name of responsible person in respect of system or container4 specific location of system or container at the time of service, if applicable5 serial number or unique identifier assigned by owner of system or container6 type of halocarbon contained in system or container7 charging capacity in kilograms of system or container8 for each activity carried out:(a) date of activity(b) type of activity (installation, service, permanent withdrawal from use or transfer of ownership)(c) description of service, if any(d) name of certified person or other person who performed activity and name of their employer(e) certificate number of certified person (if applicable)(f) the quantity of halocarbon recovered in kilograms(g) the type and quantity of halocarbon charged in kilogramsHalocarbon Release Report (paragraph 24(a))1 type of equipment (air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container)2 name and address of the owner of system or container3 name of the responsible person in respect of system or container4 type and quantity (known or estimated) of halocarbon in kilograms releasedHalocarbon Release Report (paragraph 24(b) and section 25)1 type of equipment (air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container)2 name and address of the owner of system or container3 name of the responsible person in respect of system or container4 specific location of system or container5 serial number or the unique identifier assigned by the owner of system or container6 type of halocarbon released from system or container7 charging capacity in kilograms of system or container8 for each release:(a) the date of the release(b) the quantity of halocarbon released in kilograms(c) circumstances leading to the release(d) corrective actions taken(e) preventive actions to be taken

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.