The Ozone-depleting Substances Regulations, 1998, administered by the CBSA on behalf of Environment and Climate Change Canada (ECCC), have been recently replaced by the Ozone-depleting Substances and Halocarbon Alternatives Regulations (ODSHAR), and came into effect on December 29, 2016. Ozone-depleting substances and Halocarbon Alternatives Regulations implement Canada’s obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol).
The Montreal Protocol is an international agreement to control the production and consumption of certain ozone-depleting substances (ODS). The details of the regulations on the substances, end-use provisions and prohibitions and published in the Canada Gazette SOR/2016-137.
The Ozone-depleting Substances and Halocarbon Alternatives Regulations (ODSHAR) introduced new provisions relating to a permitting and reporting system for hydrofluorocarbons (HFCs) and prohibition on the import of refrigerant that contains hydrochlorofluorocarbons (HCFCs) and HFCs in non-refillable containers. The change is for HFCs and mixtures containing HFCs imported in bulk and also for controls
on specific products and equipment that contain or are designed to contain any HFC, or any blend that contains an HFC, with a global warming potential (GWP) greater than the regulatory limit. The product-specific controls would apply to the refrigeration and air-conditioning, foam, and aerosols sectors. Unique GWP limits and prohibition dates would be applied to different product types within each sector
Imports and exports of controlled ozone-depleting substances and HFC’s are permitted only on the condition that a valid permit or a valid allowance is issued from Environment and Climate Change Canada.
Any questions with reference to permits or allowances should be referred to the Chemical Production Division of ECCC at 1-819-938-4218.
Details of changes issued in Customs Notice CN16-34 to advice on the Ozone-depleting Substances and Halocarbon Alternatives Regulations (ODSHAR) can be found here.
Further information provided by the Government of Canada is available here.