1. The definitions in this section apply in these Regulations.

“Act”

“Act” means the Canadian Environmental Protection Act, 1999. (Loi)

“authorized sector”

“authorized sector” means, in respect of the use of an HCFC, one of two categories of use, namely,

• (a) for cooling, whether in refrigeration or air-conditioning; and

• (b) for use in any other application. (domaine autorisé)

“baseline consumption allowance”

“baseline consumption allowance”, in respect of a group of controlled substances set out in column 1 of Schedule 1 and any one of the years set out in column 2, means the quantity of those controlled substances that is determined in accordance with subsection 10(4) with respect to a person. (allocation de consommation de base)

“bromofluorocarbon”

“bromofluorocarbon” means a fully halogenated bromofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom each of bromine and fluorine. (bromofluorocarbure)

“calculated level”

“calculated level” means,

• (a) in respect of a controlled substance that is produced, imported, exported or consumed during a given period, the quantity of the controlled substance, determined in accordance with one of the following formulas, namely,

  • (i) in the case of production, P × ODP,

  • (ii) in the case of importation, I × ODP,

  • (iii) in the case of exportation, E × ODP, and

  • (iv) in the case of consumption, (P × ODP) + (I × ODP) - (E × ODP)

  where

  P 

  is the quantity manufactured during the period,

  I 

  is the quantity imported during the period,

  E 

  is the quantity exported during the period, and

  ODP 

  is the ozone-depleting potential, set out in column 3 of Schedule 2, for the controlled substance set out in column 2, and

• (b) in respect of a group of controlled substances set out in column 1 of Schedule 2 that are produced, imported, exported or consumed during a given period, the sum of the calculated levels of production, importation, exportation or consumption, as the case may be, of the controlled substances within that group during that period, determined in accordance with the applicable formula set out in paragraph (a). (niveau calculé)

“Canada’s maximum consumption”

“Canada’s maximum consumption”, in respect of a group of controlled substances set out in column 1 of an item of Schedule 1 and any one of the years set out in column 2 of that item, means Canada’s total allowable calculated level of consumption of those controlled substances according to the Protocol multiplied by the percentage set out in column 3 of that item. (consommation canadienne maximale)

“chlorofluorocarbon”

“chlorofluorocarbon” or “CFC” means a fully halogenated chlorofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom each of chlorine and fluorine. (chlorofluorocarbure ou CFC)

“consumption”

“consumption”, in respect of a given period and a controlled substance or group of controlled substances, means the sum of the quantities produced and imported during that period less the quantity exported and, for the purpose of determining a calculated level of consumption, excludes any quantity of a controlled substance that, when imported or exported, was a recovered, recycled, reclaimed or used controlled substance. (consommation)

“consumption allowance”

“consumption allowance” means an initial consumption allowance or baseline consumption allowance, whether or not increased or decreased under sections 11 to 14. (allocation de consommation)

“controlled substance”

“controlled substance” means a substance that is set out in column 2 of an item of Schedule 2, whether existing alone or in a mixture, and including their isomers unless otherwise indicated. (substance contrôlée)

“critical use”

“critical use” means a use of methyl bromide that conforms to the criteria established in Decision IX/6 adopted at the Ninth Meeting of the Parties to the Protocol and set out in the document entitled Report of the Ninth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, UNEP/OzL.Pro.9/12. (utilisation critique)

“Decision”

“Decision” means a decision taken at a meeting of the Parties under Article 11 of the Protocol. (Décision)

“emergency use”

“emergency use” means a use of up to 20 tonnes of methyl bromide, in response to an emergency event, in accordance with Decision IX/7 adopted at the Ninth Meeting of the Parties to the Protocol and set out in the document entitled Report of the Ninth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, UNEP/OzL.Pro.9/12. (utilisation d’urgence)

“essential purpose”

“essential purpose” means, with respect to the use of a controlled substance or of a product that contains a controlled substance, a use

• (a) that is necessary for health and safety or is critical for the good functioning of society, encompassing its cultural and intellectual aspects; and

• (b) for which there are no technically or economically feasible alternatives or substitutes that are acceptable from the standpoint of the environment and of health. (fin essentielle)

“essential use”

“essential use” means a use that is agreed by the Parties, by a Decision, to be essential. (utilisation essentielle)

“feedstock”

“feedstock” means any controlled substance that is used and the molecular structure of which is transformed in the manufacture of another chemical substance. (matière première)

“foam insulation product”

“foam insulation product”[Repealed, SOR/2001-2, s. 1]

“foaming agent”

“foaming agent” means any chemical that is added to any plastic during the process of manufacturing plastic foam so that gas cells are formed throughout the plastic. (agent de gonflement)

“heel”

“heel”, in respect of a controlled substance, means the residual quantity 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 controlled substance. (quantité résiduelle)

“hydrobromofluorocarbon”

“hydrobromofluorocarbon” means a hydrobromofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom each of hydrogen, bromine and fluorine. (hydrobromofluorocarbure)

“hydrochlorofluorocarbon”

“hydrochlorofluorocarbon” or “HCFC” means a hydrochlorofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom each of hydrogen, chlorine and fluorine. (hydrochlorofluorocarbure ou HCFC)

“industrial cleaning”

“industrial cleaning” means the use of a solvent for cold cleaning or vapour degreasing, whether for electrical or electronic equipment cleaning, metal cleaning or precision cleaning, and excludes wipe cleaning and cleaning during the maintenance of equipment. (nettoyage industriel)

“initial consumption allowance of HCFCs”

“initial consumption allowance of HCFCs” means the quantity of hydrochlorofluorocarbon that is determined in accordance with subsection 10(1), (3) or (3.01) with respect to a person. (allocation de consommation initiale de HCFC)

“metered-dose inhaler”

“metered-dose inhaler” does not include a nasal spray. (inhalateur-doseur)

“Party”

“Party” means

• (a) a Party to the Protocol; or

• (b) any State not party to the Protocol but that meets the conditions referred to in paragraph 8 of Article 4 of the Protocol. (Partie)

“pest”

“pest” means pest as defined in section 2 of the Pest Control Products Act and includes any organism that could cause disease in humans or animals. (parasite)

“plastic foam”

“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)

“pre-shipment application”

“pre-shipment application” means the treatment, with methyl bromide, within 21 days prior to export, of a commodity or product that is to be entirely exported to another country, or of a means of conveyance, where such treatment is required by the importing country or in support of Canada’s sanitary or phytosanitary export programs. (traitement préalable à l’expédition)

“production”

“production”, in respect of a controlled substance or group of controlled substances, means the quantity manufactured. (production)

“Protocol”

“Protocol” means The Montreal Protocol on Substances that Deplete the Ozone Layer, published by the United Nations Environment Programme, signed by Canada on September 16, 1987, as amended from time to time. (Protocole)

“quarantine application”

“quarantine application” means the treatment, with methyl bromide, of a commodity, product, facility or means of conveyance where the treatment is intended to prevent the spread of, or to control or eradicate, pests of quarantine significance and is required by the laws of an importing country as a condition of entry or by or under Canadian law. (traitement en quarantaine)

“reclaimed”

“reclaimed”, in respect of a controlled substance, means recovered, re-processed and upgraded, through processes such as filtering, drying, distillation and chemical treatment, in order to restore the controlled substance to industry-accepted re-use standards. (régénérée)

“recovered”

“recovered”, in respect of a controlled substance, means collected, after the substance has been used, from machinery, equipment or a container during servicing or before disposal of the machinery, equipment or container. (récupérée)

“recycled”

“recycled”, in respect of a controlled substance, means recovered, cleaned by a process such as filtering or drying, and re-used, including re-used to recharge equipment. (recyclée)

“rigid foam product”

“rigid foam product” means a product that contains or consists 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; and

• (d) closed cell rigid polyethylene foam when such foam is suitable in shape, thickness and design to be used as a product that provides thermal insulation around pipes used in heating, plumbing, refrigeration or industrial process systems. (produit en mousse rigide)

“transferee”

“transferee” means a person who acquires or proposes to acquire from a transferor all or a portion of the transferor’s consumption allowance. (cessionnaire)

“transferor”

“transferor” means a person who transfers or proposes to transfer to a transferee all or a portion of the person’s consumption allowance. (cédant)

“unexpended consumption allowance”

“unexpended consumption allowance” means the portion of a consumption allowance that has not been used during a year. (allocation de consommation restante)

“year”

“year” means a calendar year. (année)