CEPA Interim Order Amending the Ozone-depleting Substances and Halocarbon Alternatives Regulations

Canada has ratified the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer to phase down the consumption and production of hydrofluorocarbons as of January 1, 2019.

Canada will be required to:
•phase down the consumption (imports and exports) of HFCs
•establish a system for permitting the import and export of new, used, recycled and reclaimed HFCs
•report on its HFC consumption
•ban the trade of HFC with Parties that have not ratified the amendment by a certain date

The Minister of the Environment and the Minister of Health believe that the hydrofluorocarbons listed in Schedule 1 to the Canadian Environmental Protection Act, 1999 are not adequately regulated and that immediate action is required to deal with a significant danger to the environment or to human life or health;

Therefore, the Minister of the Environment, pursuant to subsection 94(1) of the Canadian Environmental Protection Act, 1999, makes the annexed Interim Order Amending the Ozone-depleting Substances and Halocarbon Alternatives Regulations.

The interim order is to deal with a significant danger to the environment by correcting the consumption baseline value that is used to determine the quantities that can enter Canada under the HFC phase-down process starting on January 1, 2019.

HFCs are manufactured chemicals that were introduced on the global market as replacements for ozone-depleting substances, such as chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs). In Canada, HFCs are not manufactured, but are imported in bulk and found in imported and manufactured products, such as domestic appliances, refrigeration and air-conditioning systems, motor vehicle air-conditioning systems, foam products, and aerosols. HFCs enter the environment due to leakage during assembly, usage, and disposal of these products.

The Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) is an international treaty designed to protect the ozone layer. The Montreal Protocol obligates Parties to phase out the manufacture and consumption of those substances known to be responsible for ozone depletion. The phase-out is achieved through a legally binding timetable established by the Parties with the ultimate goal of complete elimination. Given that many ozone-depleting substances are also potent GHGs, the Montreal Protocol has contributed to climate change mitigation by averting the emissions of 135 billion tonnes of CO2 equivalent. Ratification of the Kigali Amendment obliges Canada to phase down HFCs in accordance with a specific reduction schedule. The HFC phase-down starts on January 1, 2019.

FAQ’s on Ozone-depleting Substances & Halocarbon Alternatives Regulations

FAQ’s on Hydrofluorocarbons.