Ozone-Depleting Substances Regulations, 1998 (SOR/99-7)
Full Document:
Regulations are current to 2013-04-29 and last amended on 2007-06-07. Previous Versions
SCHEDULE 5
(Subsection 34(1))
INFORMATION TO BE PROVIDED
1. Notice to retire consumption allowance: information respecting the applicant, namely,
(a) name, address and telephone and fax numbers;
(a.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant; and
(b) consumption allowance.
(c) [Repealed, SOR/2007-129, s. 10]
2. Application for adjustment to consumption allowance:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers,
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant, and
(ii) consumption allowance, and
(iii) [Repealed, SOR/2007-129, s. 11]
(b) information respecting the controlled substance, namely,
(i) quantity exported,
(ii) country of destination, and
(iii) use in Canada for which the controlled substance is needed.
3. Application for transfer of consumption allowance:
(a) information respecting the transferor and transferee, namely,
(i) name, address and telephone and fax numbers,
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant, and
(ii) consumption allowance;
(iii) [Repealed, SOR/2007-129, s. 12]
(b) information respecting the controlled substance, namely,
(i) quantity to be transferred, and
(ii) authorized sector; and
(c) statement whether a temporary or permanent transfer is being requested.
3.1 Application for the portion of an unexpended consumption allowance:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers, and
(ii) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant;
(iii) [Repealed, SOR/2007-129, s. 13]
(b) information respecting the controlled substance, namely,
(i) quantity bought from or otherwise supplied by the allowance holder in 2002, and
(ii) evidence that the quantity was bought or otherwise supplied; and
(c) information respecting the allowance holder, namely,
(i) name, address and telephone and fax numbers, and
(ii) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the allowance holder.
4. Application for a permit to import or export a controlled substance that is recovered, recycled, reclaimed, used or for destruction:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers, and
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant;
(ii) [Repealed, SOR/2007-129, s. 14]
(b) information respecting the controlled substance, namely,
(i) quantity to be imported or exported,
(ii) name, address and telephone and fax numbers of the person who recovered, recycled, reclaimed or used the controlled substance, and
(iii) estimated date of export;
(c) information respecting the reclamation or destruction facility, namely,
(i) name and address of the facility,
(ii) technology used, and
(iii) estimated date of reclamation or destruction;
(d) information respecting the origin or destination, namely,
(i) name, address and telephone and fax numbers of the sender or the foreign recipient of each shipment
(ii) country where the substance is to be exported or from which it is to be imported,
(iii) evidence that each sender or foreign recipient is exporting or importing in compliance with the laws of the Party of export or import, and
(iv) evidence that the controlled substance will be exported within six months after its importation; and
(e) declaration of understanding by the applicant that information may be released to the Party of export or import.
5. Application for a permit to export a controlled substance other than a recovered, recycled, reclaimed or used controlled substance or a controlled substance for destruction:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers, and
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant;
(ii) [Repealed, SOR/2007-129, s. 15]
(b) information respecting the controlled substance, namely,
(i) quantity to be exported,
(ii) source of the controlled substance, and
(iii) purpose for which the controlled substance is being exported;
(c) information respecting the destination, namely,
(i) name and address of the recipient of each shipment,
(ii) country of destination, and
(iii) evidence that each recipient is importing in compliance with the laws of the Party of import; and
(d) declaration of understanding by the applicant that information may be released to the Party of import or export.
6. Application for a permit to manufacture or import a controlled substance for a purpose other than a purpose set out in paragraph 5(e) or (f) of Schedule 3:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers, and
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant;
(ii) [Repealed, SOR/2007-129, s. 16]
(b) information respecting the controlled substance, namely,
(i) quantity to be manufactured or imported, and
(ii) purpose for which the controlled substance is required;
(c) information respecting the country of origin; and
(d) information respecting the recipient of the controlled substance, namely,
(i) name, address and telephone and fax numbers of each recipient in Canada,
(ii) quantity supplied to each recipient in Canada, and
(iii) declaration under clause 7(2)(b)(ii)(B) of the Regulations.
6.1 Application for a permit to manufacture or import methyl bromide for a purpose set out in paragraph 5(e) or (f) of Schedule 3:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers, and
(ii) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant;
(b) information respecting the methyl bromide, namely,
(i) quantity in stock,
(ii) annual quantity to be manufactured or imported, taking into account the quantity in stock, and
(iii) purpose for which the methyl bromide is required;
(c) information respecting the country of origin; and
(d) information respecting the recipient of the methyl bromide, namely,
(i) name, address and telephone and fax numbers,
(ii) quantity supplied to each recipient in Canada, and
(iii) declaration for use referred to in clause 7(2)(b)(ii.1)(C) of these Regulations.
6.2 Application for a permit to use methyl bromide for a purpose set out in paragraph 5(e) or (f) of Schedule 3:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers, and
(ii) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant; and
(b) information respecting the methyl bromide, namely,
(i) how the lack of its availability for the use would result in a significant market disruption,
(ii) whether there are any alternatives to the use of methyl bromide and why they are not technically, economically or otherwise feasible,
(iii) steps that will be taken to minimize its use,
(iv) steps that will be taken to minimize its emissions,
(v) recycled and stockpiled quantities,
(vi) research efforts to find alternative solutions or to minimize its use or emissions,
(vii) quantities used for a purpose set out in paragraph 5(e) or (f) of Schedule 3 in each of the last two years, and
(viii) annual quantity necessary for a critical use or quantity necessary for an emergency use.
7. Declaration of use for a purpose set out in Schedule 3, other than a purpose set out in paragraph 5(e) or (f) of that Schedule:
(a) name, address and telephone and fax numbers of the person who completed the declaration;
(b) information respecting the vendor and supplier, namely,
(i) name, address and telephone and fax numbers, and
(ii) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the vendor and supplier;
(c) information respecting the controlled substance, namely,
(i) quantity to be received by the recipient, and
(ii) purpose for which the controlled substance is required; and
(d) information respecting each recipient in Canada and the controlled substance, namely,
(i) name, address and telephone and fax numbers of each recipient in Canada,
(ii) quantity to be sold or otherwise supplied to that recipient, and
(iii) declaration of use referred to in clause 7(2)(b)(ii)(B) of these Regulations.
7.1 Declaration for use of methyl bromide for a purpose set out in paragraph 5(e) or (f) of Schedule 3:
(a) name, address and telephone and fax numbers of the person who completed the declaration;
(b) information respecting the vendor and supplier, namely,
(i) name, address and telephone and fax numbers, and
(ii) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the vendor and supplier;
(c) information respecting the methyl bromide, namely,
(i) quantity to be received by the recipient, and
(ii) purpose for which it is required; and
(d) information respecting the recipient and the methyl bromide, namely,
(i) name, address and telephone and fax numbers of the recipient,
(ii) quantity of the methyl bromide to be sold or otherwise supplied to the recipient, and
(iii) declaration of use referred to in clause 7(2)(b)(ii.1)(C) of these Regulations.
7.2 Declaration of transfer of all or part of a permission to use methyl bromide with respect to a critical use category:
(a) information respecting the transferor, namely,
(i) name, address and telephone and fax numbers, and
(ii) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the transferor;
(b) information respecting the methyl bromide, namely,
(i) quantity that is the subject of the transfer, and
(ii) purpose for which it is required; and
(c) information respecting the transferee, namely,
(i) name, address and telephone and fax numbers,
(ii) quantity of the methyl bromide to be transferred to the transferee; and
(iii) declaration of use referred to in clause 7(2)(b)(ii.1)(C) of these Regulations.
8. Application for a permit to manufacture or import HCFCs:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers, and
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant;
(ii) [Repealed, SOR/2007-129, s. 19]
(b) information respecting the controlled substance, namely,
(i) quantity to be manufactured or imported,
(ii) authorized sector, and
(iii) evidence that initial consumption allowance and quantity allowed under previous permits have been used.
9. Application for a permit to export a product that contains or is designed to contain CFCs, bromofluorocarbons, bromochlorodifluoromethane, tetrachloromethane or 1,1,1 trichloroethane:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers, and
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant;
(ii) [Repealed, SOR/2007-129, s. 20]
(b) information respecting the product, namely,
(i) quantity to be exported,
(ii) capacity of the product, quantity of controlled substance contained, and
(iii) source of the product;
(c) information respecting the destination, namely,
(i) name, address and telephone and fax numbers of each recipient outside Canada of each shipment,
(ii) country of destination, and
(iii) evidence that each recipient is importing in compliance with the laws of the Party of import; and
(d) declaration of understanding by the applicant that the information may be released to the Party of import.
10. Application for a permit for an essential purpose:
(a) information respecting the applicant, namely,
(i) name, address and telephone and fax numbers, and
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the applicant;
(ii) [Repealed, SOR/2007-129, s. 21]
(b) information respecting the controlled substance or product, namely,
(i) quantity to be manufactured, used, sold, offered for sale, imported or exported, and
(ii) purpose for which the controlled substance or the product is required; and
(c) information respecting the origin and the destination of the controlled substance or product, namely,
(i) country of import of the controlled substance or product,
(ii) country of export of the controlled substance or product, and
(iii) origin of the controlled substance or product.
11. Annual report (controlled substances other than recovered, recycled, reclaimed or used controlled substances):
(a) information respecting the person submitting the report, namely,
(i) name, address and telephone and fax numbers,
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the person submitting the report,
(ii) [Repealed, SOR/2007-129, s. 22]
(iii) consumption allowance,
(iv) calculated level of consumption allowed under permit,
(b) information respecting the controlled substance, or the product referred to in subsection 21(1) of the Regulations that contains or is designed to contain a substance identified in that subsection, namely,
(i) quantity manufactured, destroyed, used as feedstock, imported or exported,
(ii) inventory,
(iii) classification and formulation, and
(iv) use of the controlled substance;
(c) information respecting the destruction facility, namely,
(i) name and address, and
(ii) technology used;
(d) name and address of the facility where the controlled substance is used as feedstock;
(e) information respecting imports or exports, namely,
(i) country of origin or destination of each shipment,
(ii) date of import or export and transaction number of Customs documents; and
(iii) classification number for the controlled substance under the Harmonized Commodity Description and Coding System as set out in the Customs Tariff;
(f) information respecting the recipient, namely,
(i) name and address, and
(ii) quantity sold or otherwise supplied to the recipient; and
(g) in the case of methyl bromide, information respecting the quantity used for a purpose set out in paragraph 5(e) or (f) of Schedule 3.
12. Quarterly report (recovered, recycled, reclaimed or used controlled substances):
(a) information respecting the person submitting the report, namely,
(i) name, address and telephone and fax numbers, and
(i.1) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the person submitting the report;
(ii) [Repealed, SOR/2007-129, s. 23]
(b) information respecting the controlled substance, namely,
(i) quantity imported, reclaimed, destroyed or exported,
(ii) use of the controlled substance, and
(iii) condition of the controlled substance;
(b.1) information respecting each recipient of each shipment, namely,
(i) name, address and telephone and fax number, and
(ii) quantity to be sold or otherwise supplied to each recipient;
(c) information respecting the reclamation or destruction facility, namely,
(i) name and address, and
(ii) technology used;
(d) information respecting imports or exports, namely,
(i) country of origin or destination of each shipment,
(ii) date of import or export and transaction number of Customs documents; and
(iii) classification number for the controlled substance under the Harmonized Commodity Description and Coding System as set out in the Customs Tariff.
13. Notice of shipment in transit:
(a) information respecting the person submitting the notice, namely,
(i) name, address and telephone and fax numbers, and
(ii) name, address and telephone and fax numbers in Canada of the person authorized to act on behalf of the person submitting the notice;
(b) information respecting the controlled substance, namely,
(i) type of controlled substance,
(ii) quantity,
(iii) estimated date of entry into Canada,
(iv) estimated date of exit from Canada, and
(v) condition of the controlled substance;
(c) name, address and telephone and fax number of each carrier of the controlled substance;
(d) name, address and telephone and fax numbers of the Custom broker in Canada;
(e) information respecting the origin of the controlled substance, namely,
(i) country of origin of the controlled substance,
(ii) countries through which the controlled substance has transited,
(iii) port of entry into Canada, and
(iv) name, address and telephone and fax numbers of sender;
(f) information respecting the destination, namely,
(i) port of exit from Canada,
(ii) country of destination, and
(iii) name, address and telephone and fax numbers of recipient; and
(g) if known at the time the notice is submitted, information respecting the storage in Canada of the controlled substance, namely,
(i) location of storage in Canada,
(ii) name, address and telephone and fax numbers of the person responsible for the storage of the controlled substance in Canada, and
(iii) expected duration of storage in Canada.
- SOR/2001-2, ss. 25 to 37;
- SOR/2004-315, ss. 27(E), 28 to 35;
- SOR/2007-129, ss. 10 to 23.
- Date modified:
