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This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland
and Labrador
Ozone Depleting Substance Regulations, 2003 (Filed Under the
authority of section 111 of the
Environmental Protection Act, the Lieutenant-Governor in Council makes the
following regulations. Dated at Deborah E.
Fry REGULATIONS Analysis 1. Short
title 2. Definitions 3. Application 4. Prohibition
of release 5. Secure
equipment 6. Reporting
releases 7. Disposal
of equipment 8. Wholesalers 9. Seller
take back 10. Containers 11. Certification 12. Service 13. Leak
testing 14. Notice 15. Leak
testing 16. Motor
vehicles 17. Compressor
purge 18. Extended
non-operation 19. 20. Labelling
and record keeping 21. Fire
extinguishing 22. Prohibition 23. Servicing 24. Repeal Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F Short title 1. These regulations may be cited as
the Ozone Depleting Substance
Regulations, 2003. Definitions 2. In these regulations (a) "air
conditioning or refrigeration equipment" means an air conditioning, heat
pump, refrigeration or freezer unit, equipment or system, whether household,
commercial, stationary or mobile, including a motor vehicle air conditioner,
which contains, normally contains or is designed to contain a regulated
substance listed in Schedule A, B or C; (b) "approved
container" means a refillable pressurized container, other than as a part
of another product, with a total capacity of greater than 10 kilograms designed
specifically to contain regulated substances and which meets the requirements
of the Transportation of Dangerous Goods
Regulations under the Transportation
of Dangerous Goods Act (Canada); (c) "approved
person" means a person who has successfully completed an environmental
awareness course for ozone depleting substances accepted by Environment Canada
and the minister, and who holds a certificate issued under section 11; (d) "certificate"
is the certificate awarded for completing an approved environmental awareness
course under section 11; (e) "code
of practice" means the most recent published version of the "Code of
Practice for the Reduction of Chlorofluorocarbon Emissions from Refrigeration
and Air Conditioning Systems" being published by Environment Canada, EPS
1/RA/2 March 1996; (f) "decommission" means to take equipment or a system out of
service intending not to return it to its existing use; (g) "disposal
of equipment" means to sell or transfer in an operating condition or a
non-operating condition as solid waste to a waste disposal site or as scrap; (h) "extended
non-operation" means a system or piece of equipment which has not been or
will not be operated for a period of more than 8 months; (i) "fire extinguishing equipment" means a fire extinguishing
system or a portable fire extinguisher; (j) "fire extinguishing system" means a fire extinguishing system
that is not manually transportable, a fire suppression system or an explosion
suppression system and includes related equipment other than a portable fire
extinguisher; (k) "halon"
means a substance or mixture mixed in Schedule D; (l) "minister" means the minister responsible for the Environmental Protection Act; (m) "motor
vehicle air conditioner" means an air conditioning unit or system of a
motor powered vehicle, including cars, trucks, buses, tractors and other
similar applications, other than an aircraft, whether or not it would be a
vehicle under the Highway Traffic Act,
if that unit or system is driven by an engine and is a mechanical vapour
compression refrigeration system that provides cooling for the vehicle operator
or passenger; (n) "operator"
means, with respect to equipment rated at 3 horsepower or greater, the
representative of the owner or person designated by the owner to be responsible
for the operation of the equipment; (o) "ozone
depleting substance" means a substance listed in Schedule A, B, D or E; (p) "portable
fire extinguisher" means a fire extinguisher that is manually
transportable; (q) "reclaim"
means to take recovered material to a process plant or operation where the
quality is improved to meet the Air Conditioning & Refrigeration Institute
"1988 Standard for Specifications for Fluorocarbon Refrigerants - Standard
700"; (r) "recover" means to remove and contain a regulated substance
in an approved container outside the system from which it was removed; (s) "recycle"
means to recover material from a system or piece of equipment and pass it
through driers, filters, oil separators and other devices which are on the
recycling equipment to improve the quality of refrigerant prior to reuse; (t) "refrigerant" means a substance listed in Schedule A, B,
C or F which is used in air conditioning or refrigeration equipment; (u) "registration
number" means the registration number issued by the minister to an
approved person; (v) "regulated
substance" means a substance or mixture listed in Schedules A to F; (w) "reuse"
means to return a recovered regulated substance, without further cleaning, to
the equipment from which it was recovered after completion of repairs or
service; (x) "sell"
includes a transfer of ownership or possession, by mutual agreement; and (y) "service"
includes construction, installation, testing, maintenance, adjusting,
repairing, charging, recharging, relocation, moving, decommissioning,
dismantling, removal and disposal. Application 3. (1) These regulations apply to (a) refrigeration,
air conditioning and fire extinguishing products, equipment or devices that
make use of ozone depleting substances or other regulated substances; and (b) containers
and equipment designed for use with, or for the servicing of, these products,
equipment or devices. (2) If
a conflict exists between these regulations and the code of practice, these
regulations shall prevail. (3) The
requirements established by these regulations are in addition to the
requirements established under other municipal, provincial or federal
enactments. (4) A
permit or certificate issued by the province before the commencement of these
regulations shall not be used as authority for a failure to comply with the
terms of these regulations. (5) The
following attached schedules form part of these regulations:
Prohibition of release 4. (1) Unless expressly permitted by
these regulations or by the code of practice, a person shall not directly or
indirectly release a regulated substance or cause or allow a regulated
substance to be released into the atmosphere from (a) air
conditioning, refrigeration or fire extinguishing equipment; and (b) a
container, device or equipment employed in the use, reuse, recycling,
reclaiming, supply, transport or storage of a regulated substance. (2) A
person shall not store or destroy a regulated substance in a manner which may
allow it to enter the environment. Secure equipment 5. (1) An owner of air conditioning,
refrigeration or fire extinguishing equipment or parts of these shall ensure
that the equipment is secured from unauthorized access that could lead to the
release of a regulated substance. (2) Subsection
(1) shall not apply to vehicle air conditioners, refrigerators, freezers, air
conditioners, heat pumps, portable fire extinguishers and equipment used as a
residential household appliance. Reporting releases 6. A release of more than 10 kilograms
of a substance or an azeotrope or mixture of substances listed in Schedule A or
D shall be immediately reported to the department within one working day as to
the circumstances of the release and as to the actions taken. Disposal of equipment 7. Refrigeration, air conditioning or
fire extinguishing equipment, including equipment which is a part of other
equipment, a vehicle, vessel or building which is being decommissioned,
dismantled or disposed of shall first have the regulated substances recovered
and put into approved containers and shall be labelled "ODS Free". Wholesalers 8. (1) A person or company engaged in
the sale of regulated substances, except as part of a servicing activity, shall
register with the department as a wholesaler of those regulated substances. (2) Wholesalers
shall keep records of the quantity and identity of all regulated substances
sold, the date of sale and, where applicable, the certificate number of the
approved person to whom it was sold for a period of 3 years and shall, upon
request, make these records available to the department. Seller take back 9. (1) Wholesalers shall accept
returns of regulated substances, whether used or unused, if the regulated
substance is (a) not
sold as part of, or contained in, equipment or a device; (b) returned
in a container designed to contain the substance; (c) returned
to the wholesaler from whom the substance was purchased; (d) returned
at the wholesaler's place of business during normal business hours; and (e) returned
with a proof of purchase, dated after the coming into force of these
regulations, for a quantity up to and including an equivalent amount of the
regulated substance purchased. (2) Wholesalers
shall store a returned regulated substance until that substance can be
delivered to a person who manufactures, reclaims, recycles or destroys the
regulated substance. Containers 10. (1) Ninety days after these
regulations come into force, a person shall not sell a refrigerant to another
person unless the refrigerant is (a) in
an approved container for which a minimum $25 refundable deposit is collected; (b) in
air conditioning or refrigeration equipment or a part of them; or (c) a
part of the servicing of air conditioning or refrigeration equipment. (2) Containers
used to receive, contain or transport recovered or recycled refrigerants shall
be approved containers and when being disposed in the province, refrigerant
containers, whether refillable, recyclable or disposable, may only be disposed
of (a) at
a container recycling facility that has been approved by the minister, where
the container is evacuated to a minimum 20" of vacuum and the regulated
substance is collected for reprocessing or destruction; and (b) where
metal from recycled containers is disposed of, to a scrap metal dealer licensed
as a salvage dealer under the Salvage
Dealers Licensing Act or at a waste disposal site established under the Waste Material Disposal Act or the Environmental Protection Act. (3) A
wholesaler shall keep records of the numbers of containers recycled and the
quantity and identity of all regulated substances recovered for 3 years and
this information shall be available to the department upon request. (4) Low
pressure containers such as drums and pails are exempt from subsections (1) and
(2) provided that section 4 is not violated. Certification 11. (1) A person who services
refrigeration and air conditioning equipment shall successfully complete an
environmental awareness course on ozone depleting substances and their
replacements which has been approved by Environment Canada and the minister. (2) A
person successfully completing the environmental awareness course referred to
in subsection (1) shall be awarded a confirming certificate and wallet card
signifying that the person is an approved person. (3) A
certificate issued under this section shall be numbered and the names of all
approved persons and their certificate numbers shall be recorded in a database
approved by the minister. (4) A
person shall not buy, borrow, lend or sell a certificate or use a certificate
not issued to the bearer. Service 12. (1) Air conditioning or
refrigeration equipment shall be serviced in accordance with the code of
practice and these regulations. (2) Within
90 days of the coming into force of these regulations, a person who services
air conditioning or refrigeration equipment, or does other work on air
conditioning or refrigeration equipment that may result in the release of a
regulated substance, shall (a) have
available at the job site operational equipment that can recover and contain a
regulated substance; and (b) recover
and reuse, recycle, reclaim or arrange for the destruction of an ozone
depleting substance that would otherwise be released during the servicing
procedure. (3) Devices
purchased or constructed for the recovery and recycling of regulated substances
on or after the date of the coming into force of these regulations shall meet
minimum recovery standards specified by the minister, and be certified as
meeting those standards by a testing agency designated by the minister. (4) Recovered
refrigerants shall not be mixed with another type of refrigerant. (5) A
hazardous waste product, toxic substance or other foreign material, except
gases used in testing or other material normally present in the system, shall
not be intentionally mixed with recovered material. (6) A
person shall not service air conditioning or refrigeration equipment unless
that person is an approved person. (7) A
person who employs another person to install, service, charge, recharge or
maintain air conditioning or refrigeration equipment containing a regulated
substance shall ensure that the person is an approved person. Leak testing 13. (1) The owner or the operator, or
both, of air conditioning or refrigeration equipment shall ensure that an
approved person conducts a leak test once a year of all components of the
equipment that are in contact with a regulated refrigerant. (2) Subsection
(1) shall not apply to systems less than 3 horsepower, motor vehicle air
conditioners and heat pumps owned by individuals and used for domestic
purposes. (3) A
person who services air conditioning or refrigeration equipment shall test for
leaks before adding a regulated substance to the equipment. (4) A
person shall not add a regulated substance to equipment, devices or containers
which are leaking. (5) Subsections
(3) and (4) do not apply where there is no reasonable alternative to the
refilling of refrigeration equipment and there is (a) an
immediate danger to human life or health at a health care facility; or (b) an
immediate danger to crops, plant or animal life or foodstuffs on a farm or at a
food packing, processing or storage facility. (6) Where,
for a reason indicated in paragraph (5)(a) or (b), refrigerant has been added
to equipment without first performing a leak test, the owner or operator shall (a) have
the refrigeration equipment tested for leaks immediately after filling; (b) have
leaks in the refrigeration equipment fixed immediately; and (c) within
24 hours report to the department the circumstances and actions taken. Notice 14. (1) A person completing a leak test
on air conditioning or refrigeration equipment shall place a notice on the
equipment indicating the (a) date
of the test; (b) person's
name; (c) person's
certificate number; and (d) results
of the test. (2) Where
a leak test is performed on a motor vehicle air conditioner, the required
notice shall be affixed to the frame or edge of the door nearest to the
driver's seat. (3) Where
a leak test reveals that refrigerant is leaking from equipment, the person
conducting the test shall (a) ensure
that the equipment is immediately and effectively repaired so that further leaking
cannot occur; or (b) ensure
that the regulated substance is immediately recovered from the equipment and
handled in accordance with these regulations and the code of practice, and that
the notice indicates that the equipment is not in working order and that it
would be an offence to recharge it with refrigerant unless it is first
repaired; or (c) notify
the department within one working day of the particulars of the leak test where
that person does not comply with paragraph (a) or (b). (4) A
person performing a leak test on air conditioning or refrigeration equipment
shall inform the owner or operator of the equipment of the results of the test. (5) A
copy of a notice issued under subsection (1) shall be kept for 3 years and
shall be available to the department upon request. (6) This
section does not apply to servicing or testing which takes place in the course
of the manufacture of a product which is or which contains air conditioning or
refrigeration equipment. Leak testing 15. (1) A person shall not add a
refrigerant listed in Schedule A or B to a device, container or equipment for
the purpose of leak testing in a manner that may cause discharge of that
refrigerant into the environment. (2) Subsection
(1) shall not apply to the servicing of a motor vehicle air conditioner where (a) the
refrigerant pressure in the system is too low to permit leak detection; (b) the
refrigerant added to the system is the same as the residual refrigerant; and (c) testing
is carried out in accordance with the code of practice. Motor vehicles 16. (1) A person shall not install in a
motor vehicle an air conditioning unit that operates or is intended to operate
using a refrigerant listed in Schedule A. (2) The
refrigerant in a motor vehicle air conditioner shall not be replaced by a
flammable or ignitable substance or mixture. Compressor purge 17. (1) A sub-atmospheric centrifugal
chiller purchased or installed after the coming into force of these regulations
shall have a chiller system purge unit designed and operated in accordance with
the code of practice and which expels not more than 0.1 kilograms refrigerant
for every kilogram of air that is purged. (2) Existing
sub-atmospheric centrifugal chiller systems shall be upgraded by Extended non-operation 18. (1) All extended non-operational
systems or equipment shall have the refrigerant removed and placed in an
approved container. (2) Prior
to startup for reuse, the systems referred to in subsection (1) shall be leak
tested in accordance with these regulations. (3) Subsection
(1) shall not apply to non-operational systems or equipment of less than 3
horsepower and heat pumps owned by individuals and used for domestic purposes. 19. (1) Only a person who holds a
certificate and is an approved person may purchase, accept or transfer
ownership of refrigerant that is not contained in air conditioning or
refrigeration equipment or a part of them or added to that equipment as part of
a servicing activity. (2) Notwithstanding
subsection (1), registered wholesalers shall be permitted to purchase
refrigerants from suppliers for resale to approved persons holding a valid
certificate. (3) A
person shall not sell, loan, lease or transfer ownership of refrigerant to a
person other than a certificate holder and approved person, unless it is
contained in air conditioning or refrigeration equipment or installed into air
conditioning or refrigeration equipment as part of a servicing activity. (4) All
refrigerant ordered, picked up or received shall bear on the shipping documents
or bill of sale the name and certificate number of the approved person
receiving that refrigerant. Labelling and record keeping 20. (1) A person shall not manufacture,
bring into the province, sell, offer for sale or install new air conditioning
or refrigeration equipment that does not have, in a location clearly visible to
a person servicing the equipment, a securely affixed and permanent label or tag
stating (a) the
equipment manufacturer; (b) the
quantity and type of refrigerant; (c) the
American Society of Heating, Refrigeration and Air Conditioning Engineers
(ASHRAE) Refrigerant Number; (d) the
ASHRAE Safety Designation; (e) the
quantity and type of refrigerant oil; (f) the Ozone Depleting Potential ( (g) the
Global Warming Potential (GWP). (2) A
person who charges or recharges air conditioning or refrigeration equipment
with a regulated substance shall record on a securely affixed and permanent
label, and in a service log (a) the
type and amount of the regulated substance added to the equipment; (b) the
date the regulated substance was added; (c) the
name of the person that performed the charging or recharging; (d) that
person's certificate number; and (e) if
that person performed the charging or recharging as an employee or agent of a
business, the name of that business. (3) Contractors
and service technicians shall keep records of all refrigerants received and all
refrigerant used, the locations where it was used and amount used at each
location for a period of at least 3 years and shall, upon request, make these
records available to officials of the department. Fire extinguishing 21. (1) A person shall not discharge a
regulated substance into the environment from fire extinguishing equipment
except for the purpose of extinguishing a fire. (2) Halons
shall not be used to extinguish fires set for fire fighting training purposes. (3) New
fire extinguishing equipment containing halons are not permitted commencing on
the date of coming into force of these regulations. (4) Existing
fire extinguishing equipment containing halons may be recharged using
recovered, recycled or reconditioned halon. (5) Fire
extinguishing systems containing regulated substances shall be tested for
leakage according to National Fire Protection Association procedures at
intervals of no greater than 6 months if another interval is not specified in
those procedures. (6) Records
of testing for leakage shall be maintained by the system owner and shall, upon
request, be made available to officials of the department. (7) An
owner of fire extinguishing equipment containing more than 40 kilograms of
halon, or of more than 10 portable fire extinguishers, shall submit to the
department a detailed strategic plan for the phase-out and replacement of
halons and the plan shall follow a format designated as acceptable by the
minister. (8) The
strategic plan referred to in subsection (7) shall be submitted within 6 months
of the coming into force of these regulation. (9) Owners
of fire extinguishing systems shall have a written procedures manual for
regular operation of the equipment. (10) Owners
of fire extinguishing equipment referred to in subsection (7) shall ensure that
this equipment is properly serviced and maintained by trained personnel in
accordance with these regulations. Prohibition 22. A person shall not service a fire
extinguishing system without first (a) advising
the person or persons responsible for the area in which the equipment is
located and receiving permission to proceed; (b) placing
the system on manual operation and manually closing the appropriate valves to
isolate the halon supply containers; and (c) tagging
the control panel of the system to indicate that it is out of operation during
the period of service. Servicing 23. (1) During servicing of fire
extinguishing equipment, regulated substances shall not be vented to the
atmosphere. (2) Servicing
and inspection of fire extinguishing equipment containing regulated substances
shall be carried out in accordance with the manufacturer's instructions, the
Underwriters' Laboratories of Canada publication CAN/ULC-S532-M90,
"Standard for the Regulation of the Servicing of Portable Fire
Extinguishers", or the ULC/ORD-C1058.18-1993, "The Servicing of Halon
Extinguishing Systems". (3) All
discharges of ozone depleting substances from fire extinguishing equipment
shall be logged and reported to the department once a year with the date, time,
reason for discharge and amount. Repeal 24. The
Ozone Depleting Substance Regulations,
Schedule A Chlorofluorocarbons
(CFCs) (a) CFC-11
(chlorofluorocarbon-11), also known as fluorotrichloromethane (b) CFC-12
(chlorofluorocarbon-12), also known as dichlorodifluoromethane (c) CFC-113
(chlorofluorocarbon-113), also known as 1,1,2-trichloro 1,2,2,-trifluoroethane (d) CFC-114
(chlorofluorocarbon-114), also known as 1,2-dichloro 1,1,2,2-tetrafluoroethane (e) CFC-115
(chlorofluorocarbon-115), also known as 1-chloro-1,1,2,2,2-pentafluoroethane (f) CFC-13 (chlorofluorocarbon-13), also known as chlorotrifluoromethane (g) CFC-111
(chlorofluorocarbon-111), also known as pentachlorofluoroethane (h) CFC-112
(chlorofluorocarbon-112), also known as tetrachlorofluoroethane (i) CFC-211 (chlorofluorocarbon-211), also known as heptachlorofluoropropane (j) CFC-212 (chlorofluorocarbon-212), also known as hexachlorodifluoropropane (k) CFC-213
(chlorofluorocarbon-213), also known as pentachlorotrifluoropropane (l) CFC-214 (chlorofluorocarbon-214), also known as tetrachlorotetrafluoropropane (m) CFC-215
(chlorofluorocarbon-215), also known as trichloropentafluoropropane (n) CFC-216
(chlorofluorocarbon-216), also known as dichlorohexafluoropropane (o) CFC-217
(chlorofluorocarbon-217), also known as chloroheptafluoropropane Isomers (p) Isomers
of all substances listed in paragraphs (a) to (o) Azeotropes CFC Containing Azeotropes (q) CFC-500
(CFC-12/HFC-152a, 73.8/26.2 wt. %) (r) CFC-501 (CFC-12/ (s) CFC-502
( (t) CFC-503 (CFC-13/ (u) CFC-504
(HFC-32/CFC-115, 48.2/51.8 wt. %) (v) CFC-505
(CFC-12/ (w) CFC-506
( Mixtures All
mixtures containing any of the above substances. Schedule B Hydrochlorofluorocarbons
(HCFCs) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) All isomers
of the above. All
mixtures and azeotropes of the above. Schedule C Hydrofluorocarbons
(HFCs) (a) HFC
23 - trifluoromethane (b) HFC
32 - difluoromethane (c) HFC
125 - pentafluoroethane (d) HFC
134 - tetrafluoroethane (e) HFC
143 - trifluoroethane (f) HFC 152 - difluoroethane (g) HFC
161 - monofluoroethane (h) HFC
281 - fluoropropane (i) HFC 272 - difluoropropane (j) HFC 263 - trifluoropropane (k) HFC
254 - tetrafluoropropane (l) HFC 245 - pentafluoropropane (m) HFC
236 - hexafluoropropane (n) HFC
227 - heptafluoropropane (o) HFC
218 - octafluoropropane All isomers
of the above. All
mixtures and azeotropes of the above. Mixtures or
azeotropes of the above with HCFCs are part of Schedule B. Mixtures of
azeotropes of the above containing CFCs are part of Schedule A. Schedule D Halons (a) Halon-1211,
also known as bromochlorodifluoro-methane (b) Halon-1301,
also known as bromotrifluoromethane (c) Halon-2402,
also known as dibromotetrafluoroethane Mixtures A mixture
containing one of the above. Any
azeotropes of the above. Schedule E Hydrobromofluorocarbons
(HBFCs) (a) dibromofluoromethane (b) bromodifluoromethane,
also known as HBFC-22B1 (c) bromofluoromethane (d) tetrabromofluoroethane (e) tribromodifluoroethane (f) dibromotrifluoroethane (g) bromotetrafluoroethane (h) tribromofluoroethane (i) dibromodifluoroethane (j) bromotrifluoroethane (k) dibromofluoroethane (l) bromodifluoroethane (m) bromofluoroethane (n) hexabromofluoropropane (o) pentabromodifluoropropane (p) tetrabromotrifluoropropane (q) tribromotetrafluoropropane (r) dibromopentafluoropropane (s) bromohexafluoropropane (t) pentabromofluoropropane (u) tetrabromodifluoropropane (v) tribromotrifluoropropane (w) dibromotetrafluoropropane (x) bromopentafluoropropane (y) tetrabromofluoropropane (z) tribromodifluoropropane (aa) dibromotrifluoropropane (bb) bromotetrafluoropropane (cc) tribromofluoropropane (dd) dibromodifluoropropane (ee) bromotrifluoropropane (ff) dibromofluoropropane (gg) bromodifluoropropane (hh) bromofluoropropane HBFC-124B1,
also known as 1-bromo 1,2,2,2-tetrafluoroethane etc. (other substances listed
in Montreal Protocol). Mixtures A mixture
containing one of the above. Any
azeotropes of the above. Schedule F Perfluorocarbons
(FCs) (a) FC-14,
also known as tetrafluoromethane (b) FC-116,
also known as hexafluoroethane (c) FC-218,
also known as octafluoropropane (d) FC-3-1-10,
also known as decafluorobutane (e) FC-4-1-12,
also known as dodecafluoropentane (f) FC-5-1-14, also known as tetradecafluorohexane Mixtures A mixture
containing one of the above. Any
azeotropes of the above. Mixtures or
azeotropes of the above with HCFCs are part of Schedule B. Mixtures or
azeotropes of the above containing CFCs are part of Schedule A. ©Earl G. Tucker, Queen's Printer |