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Federal Halocarbon Regulations, 2003 (SOR/2003-289)

Regulations are current to 2019-08-28 and last amended on 2009-07-30. Previous Versions

Federal Halocarbon Regulations, 2003

SOR/2003-289

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2003-08-13

Federal Halocarbon Regulations, 2003

P.C. 2003-1203 2003-08-13

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999Footnote a, the Minister of the Environment published in the Canada Gazette, Part I, on December 7, 2002, a copy of the proposed Regulations under the title Federal Halocarbon Regulations, 2002, substantially in the form set out in the annexed Regulations, and persons were given an opportunity to file comments with respect to the Regulations or a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 209(1) of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Federal Halocarbon Regulations, 2003.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

air-conditioning system

air-conditioning system means an air-conditioning system, including any associated equipment, that contains or is designed to contain a halocarbon refrigerant. (système de climatisation)

bromofluorocarbon

bromofluorocarbon means a fully halogenated bromofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom of bromine and one atom of fluorine. (bromofluorocarbure)

certificate

certificate means a certificate recognized by three or more provinces, or by the province in which the work of the service technician who holds the certificate is being done, indicating successful completion of an environmental awareness course in recycling, recovery and handling procedures in respect of halocarbon refrigerants as outlined in the Refrigerant Code of Practice. (certificat)

certified person

certified person, in respect of a refrigeration system or an air-conditioning system, means a service technician who holds a certificate. (personne accréditée)

charging

charging means to add a halocarbon to a system. (charger)

chiller

chiller means an air-conditioning system or refrigeration system that has a compressor, an evaporator and a secondary refrigerant. (refroidisseur)

chlorofluorocarbon

chlorofluorocarbon means a fully halogenated chlorofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom of chlorine and one atom of fluorine. (chlorofluorocarbure)

fire-extinguishing system

fire-extinguishing system means fire-extinguishing equipment, including portable or fixed equipment and any associated equipment, 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)

hydrobromofluorocarbon

hydrobromofluorocarbon means a hydrobromofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom of hydrogen, one atom of bromine and one atom of fluorine. (hydrobromofluorocarbure)

hydrochlorofluorocarbon

hydrochlorofluorocarbon means a hydrochlorofluorocarbon each molecule of which contains one, two or three carbon atoms and at least one atom of hydrogen, one atom of chlorine and one atom of fluorine. (hydrochlorofluorocarbure)

hydrofluorocarbon

hydrofluorocarbon means a hydrofluorocarbon each molecule of which contains only carbon, hydrogen and fluorine atoms. (hydrofluorocarbure)

installation

installation does not include the reactivation of a system by the same owner at the same site. (installation)

leak

leak means a release of a halocarbon from a system. (fuite)

military vehicle

military vehicle means a vehicle that is designed to be used in combat, or in a combat support role, but does not include an administrative vehicle. (véhicule militaire)

owner

owner means to hold a right in or to have possession, control or custody of, to be responsible for the maintenance, operation or management of, or to have the power to dispose of, a system. (propriétaire)

perfluorocarbon

perfluorocarbon means a fully fluorinated fluorocarbon each molecule of which contains only carbon and fluorine atoms. (perfluorocarbure)

portable fire extinguisher

portable fire extinguisher means a cylinder or cartridge containing a halocarbon that is used for extinguishing fires, that has a charging capacity of 25 kg or less and that can be carried or wheeled to the site of a fire. (extincteur portatif)

purge system

purge system means a purge unit on a refrigeration system or an air-conditioning system, including any associated recovery equipment. (système à vidange)

reclamation

reclamation, in respect of a halocarbon, means the recovery, re-processing and upgrading through processes such as filtering, drying, distilling and treating chemically in order to restore the halocarbon to industry-accepted reuse standards. (régénération)

recovery

recovery, in respect of a halocarbon, means

  • (a) collection after it has been used; or

  • (b) collection from machinery, equipment, a system or a container during servicing or before dismantling, decommissioning or destruction of the machinery, equipment, system or container. (récupération)

recycling

recycling, in respect of a halocarbon, means recovery and, if needed, cleaning by a process such as filtering or drying, and re-using to charge a system. (recyclage)

Refrigerant Code of Practice

Refrigerant Code of Practice means the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air-Conditioning Systems, published by the Department of the Environment in March, 1996, as amended from time to time. (Code de pratique en réfrigération)

refrigeration system

refrigeration system means a refrigeration system, including any associated equipment, that contains or is designed to contain a halocarbon refrigerant. (système de réfrigération)

service

service includes any modification, charging, maintenance, repair, moving, dismantling, decommissioning, destruction, start-up and testing of a system, but does not include testing related to the manufacture and production of the system. (entretien)

ship

ship has the same meaning as in subsection 122(1) of the Act. (navire)

small air-conditioning system

small air-conditioning system means an air-conditioning system that is not contained in a motor vehicle and that has a refrigeration capacity of less than 19 kW as rated by the manufacturer. (petit système de climatisation)

small refrigeration system

small refrigeration system means a refrigeration system, other than one that is installed in, that is attached to or that normally operates in conjunction with a means of transportation, that has a refrigeration capacity of less than 19 kW as rated by the manufacturer. (petit système de réfrigération)

solvent system

solvent system means an application or system that uses halocarbons as solvents, including cleaning applications and associated equipment containing or designed to contain a halocarbon solvent. It does not include those applications or systems that use halocarbons as laboratory analytical standards or laboratory reagents or in a process in which they are converted to another substance or are generated but ultimately converted to a different substance. (système de solvants)

system

system, unless the context requires otherwise, means an air-conditioning system, a fire-extinguishing system, a refrigeration system or a solvent system. (système)

  • SOR/2009-221, s. 1

Application

  •  (1) These Regulations apply in respect of systems located in Canada that are

    • (a) owned by Her Majesty in right of Canada, a board or an 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.

  • (2) These Regulations do not apply to foam products.

Prohibitions

 No person shall release, or allow or cause the release of, a halocarbon that is contained in

  • (a) a refrigeration system or an air-conditioning system, or any associated container or device, unless the release results from a purge system that emits less than 0.1 kg of halocarbons per kilogram of air purged to the environment;

  • (b) a fire-extinguishing system or any associated container or device, except to fight a fire that is not set for training purposes, or unless the release occurs during the recovery of halocarbons under section 7; or

  • (c) a container or equipment used in the reuse, recycling, reclamation or storage of a halocarbon.

 
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