Federal Halocarbon Regulations, 2022 (SOR/2022-110)

Installation, Servicing, Recovery and Withdrawal from Use

Marginal note:Certified person

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

Marginal note:Recovery of halocarbon

• 15 (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.

• Marginal note:Recovery equipment

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

Marginal note:Permanent withdrawal from use

• 16 (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.

• Marginal note:Non-application

  (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

Marginal note:Frequency of leak tests

17 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.

Marginal note:Leak — system

18 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.

Marginal note:Leak — container

19 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

Marginal note:Application for permit

• 20 (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.

• Marginal note:Issuance of permit

  (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.

Marginal note:Cancellation of permit

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

• Marginal note:Notice of cancellation

  (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

Marginal note:Creation of inventory

22 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.

Marginal note:Activity log — large system

• 23 (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.

• Marginal note:Activity log — small system

  (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.

Marginal note:Reports — release of 100 kg or more

24 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.

Marginal note:Report — release of less than 100 kg

25 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

Marginal note:Retention of documents

• 26 (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.

• Marginal note:Retention at principal place of business

  (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.

• Marginal note:Electronic format

  (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, 2003Footnote ³ are repealed.

• Return to footnote ³SOR/2003-289

Coming into Force

Marginal note:Registration

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