Federal Halocarbon Regulations, 2022 (SOR/2022-110)
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Regulations are current to 2024-10-30
Federal Halocarbon Regulations, 2022
SOR/2022-110
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2022-05-20
Federal Halocarbon Regulations, 2022
P.C. 2022-528 2022-05-19
Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, 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;
Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33
And 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 209Footnote c and 286.1Footnote d of the Canadian Environmental Protection Act, 1999Footnote b and pursuant to subsection 5(1) of the Environmental Violations Administrative Monetary Penalties ActFootnote e, makes the annexed Federal Halocarbon Regulations, 2022.
Return to footnote cS.C. 2017, c. 26, subpar. 63(d)(vi)
Return to footnote dS.C. 2009, c. 14, s. 80
Return to footnote eS.C. 2009, c. 14. s. 126
Definitions
Marginal note:Definitions
1 The following definitions apply in these Regulations.
- air-conditioning system
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
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
container means a container that contains or is designed to contain a halocarbon for the purpose of storage or transportation. (récipient)
- fire-extinguishing system
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
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
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
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
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
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
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
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
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
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
Marginal note:Application
2 (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.
Marginal note:Non-application
(2) These Regulations do not apply to foam products.
Prohibitions
Marginal note:Release of halocarbon
3 (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.
Marginal note:Non-application
(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).
Marginal note:Definition of reclamation
(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.
Marginal note:Installation or activation
4 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).
Marginal note:Solvent system — items 1 to 9 of Schedule 1
5 (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.
Marginal note:Solvent system — items 11 and 12 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).
Marginal note:Storage or transport
6 (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.
Marginal note:Non-application
(2) Subsection (1) does not apply in respect of a halocarbon that is used as a laboratory analytical standard or a laboratory reagent.
Marginal note:Chiller
7 (1) A person must not operate a chiller that contains a halocarbon listed in any of items 1 to 9 of Schedule 1.
Marginal note:Definition of chiller
(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.
Marginal note:Purge system
8 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.
Marginal note:Charging — leak detection
9 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.
Marginal note:Charging with a halocarbon
10 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.
Marginal note:Non-application of section 10
11 (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.
Marginal note:Notice
(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.
Marginal note:Charging — air-conditioning or refrigeration
12 (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.
Marginal note:Non-application
(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.
Marginal note:Charging — fire-extinguishing system
13 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).
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