Ozone-Depleting Substances and Other Halocarbons Regulation
- What regulations control the use, discharge or disposal of ODS and other halocarbons in Ontario?
- What changes were made to Ontario’s ozone-depleting substances regulations recently?
- How do these changes affect Ontario’s regulated community?
- What is the National Action Plan?
- In certain industries, both federal and provincial ozone depleting substances and halocarbon regulations apply. Which one takes precedence?
- Does Ontario’s ODS and Other Halocarbons regulation address other environmental concerns such as global warming potential (GWP) of refrigerants?
What regulations control the use, discharge or disposal of ODS and other halocarbons in Ontario?
There is currently one regulation made under Ontario’s Environmental Protection Act (see Part VI of the Act) which governs the discharge, making, use, sale, transfer, display, transport, store and disposal of ozone-depleting substances and other halocarbons in Ontario: O. Reg. 463/10.
In addition, Sections 30 to 42 of the General Waste Management regulation (O. Reg. 347/90) sets out requirements for the disposal of mobile and stationary refrigerant waste, and section 5 of the Classification and Exemption of Spills and Reporting of Discharges regulation (O. Reg. 675/98) provides exemptions for a spill of refrigerant of less than 100 kilograms from the reporting provisions of Part X of the Environmental Protection Act.
What changes were made to Ontario’s ozone-depleting substances regulations recently?
In January 2011, the Ministry of the Environment consolidated five ODS regulations into one single regulation as part of its efforts to modernize regulations by updating and removing obsolete regulatory requirements. Prior to the consolidation, Ontario had five ODS regulations which were organized by use of ozone-depleting substances as follows:
- O. Reg. 356/90: Ozone-depleting Substances — General;
- O. Reg. 413/94: Halon Fire Extinguishing Equipment;
- O. Reg. 189/94: Refrigerants;
- O. Reg. 717/94: Solvents;
- O. Reg. 718/94: Sterilants.
The consolidated regulation includes an amendment to the certification requirements for refrigerant and refrigeration equipment technicians to broaden the definition of a qualified person. These amendments were required in order to comply with new requirements of the Ontario Labour Mobility Act, 2009 and improve labour mobility for certified workers in professions and trades.
Amendments also include new halon requirements which harmonize the provincial regulation with the National Action Plan for the Environmental Control of Ozone-depleting Substances and their Halocarbon Alternatives 2001 (NAP) (PDF) as agreed to by the Canadian Council of Ministers of the Environment (CCME) in 2001.
How do these changes affect Ontario’s regulated community?
Businesses with halon fire suppression systems have new requirements which limit their ability to refill their fire suppression systems with halon in the future but do not prohibit the use of these systems.
Ontario’s ODS and Halocarbon regulation:
- Prohibits the refilling of portable halon-containing fire extinguishers with the exception of critical uses*;
- Provides for one refill of fixed halon containing fire protection systems between 2011 and 2015 on the condition that the system is replaced by an alternative within a year of refill with the exception of critical uses*;
- Prohibits the refilling of fixed halon-containing fire protection systems effective January 2016 with the exception of critical uses*.
* Critical uses are in an aircraft and for military purposes where alternatives to halon are still very limited.
The consolidation does not change requirements for management and handling of ODS used as refrigerants, solvents and sterilants.
What is the National Action Plan?
The National Action Plan (NAP) is the federal government’s management plan for the elimination of chlorofluorocarbons (CFCs) and halons to support Canada's obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (PDF).
The NAP specifies requirements related to:
- the recovery, reclamation and recycling of CFCs
- minimizing emissions from specific activities or sectors
- developing best practices and a national strategy for the disposal of surplus CFCs
The NAP was initially published in January 1998 following significant national consultations, and was last amended in consultation with the Canadian Council of Ministers of the Environment (CCME) in May 2001.
In certain industries, both federal and provincial ozone depleting substances and halocarbon regulations apply. Which one takes precedence?
The federal government’s regulations address importing and exporting of regulated substances into Canada as well as the use and emissions of ozone depleting substances on federal lands, aboriginal lands or in equipment owned by the federal government or crown corporations. Ontario’s regulation applies to businesses or individuals in Ontario with respect to the use, disposal, discharge, transfer or transport of ozone depleting substances.
For more information, please contact the Ontario Ministry of the Environment or Environment Canada.
Ontario Ministry of the Environment:
Toll free number: 1-877-689-6110
Environment Canada:
Inquiry Centre
351 St. Joseph Boulevard
Place Vincent Massey, 8th Floor
Gatineau, Quebec K1A 0H3
Ph: 819-997-2800
Toll Free: 1-800-668-6767 (in Canada only)
Facsimile: 819-994-1412
Teletypewriter: 819-994-0736
Email: enviroinfo@ec.gc.ca
Does Ontario’s ODS and Other Halocarbons regulation address other environmental concerns such as global warming potential (GWP) of refrigerants?
Ontario’s ODS and Other Halocarbons regulation (O. Reg. 463/10) has requirements to prevent or minimize ODS and other halocarbons emissions which serve a dual environmental benefit of lowering emissions that destroy the ozone layer and contribute to climate change. For instance, by regulating CFC-12, which is the most potent greenhouse gas (GWP of 10,600 over a 100-year period), and CFC-11 (GWP of 4,600 over a 100-year period), O. Reg. 463/10 enhances the control and management of substances that depletes the ozone layer and contribute to global warming.
