Regulations Amending the Ozone-depleting Substances and Halocarbon Alternatives Regulations

The proposed Amendments to the Ozone-depleting Substances and Halocarbon Alternatives Regulations is to amend the consumption baseline value that is used to determine the HFC quantities that can enter Canada under the HFC phase-down process, which started on January 1, 2019, to reflect corrected consumption data reported by companies importing HFCs in bulk. Amending this baseline is expected to reduce Canadian greenhouse gas (GHG) emissions, in order to help limit increases in global average temperatures. It would ensure Canada continues to meet its international obligations under the Kigali Amendment to the Montreal Protocol.

The proposed Amendments also aim to ensure the adequate supply of HCFC-123 for use as a fire-extinguishing agent in situations where an alternative may not be available for certain critical aircraft rescue and firefighting applications. In light, of the 2018 adjustment to the Montreal Protocol that allows for the consumption of HCFCs for specific applications within the existing phase-out framework, the proposed Amendments would extend the consumption allowance of HCFC-123 to service fire-extinguishing equipment until December 31, 2029. Currently, the Regulations do not allow the use of HCFC-123 for this purpose beyond December 31, 2019.

The full notice was recently published at the Canada Gazette, Part I on June 15, 2019.

Any person may, within 75 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection.

The proposed Amendments would come into force six months after the publication in the Canada Gazette, Part II. Consumption allowances would continue to be distributed based on the baseline consumption value in the proposed Amendments and the interim order. The amendment regarding HCFC-123 is extending the period it can be used as a fire-extinguishing agent. The nature of these changes is such that there is no need for additional implementation activities.


Nicole Folliet
Chemical Production Division
Department of the Environment
351 Saint-Joseph Boulevard, 19th Floor
Gatineau, Quebec
K1A 0H3