by Tammy J. Murphy
On 14 November 2020, the proposed Federal Halocarbon Regulations, 2020 were published in the Canada Gazette, Part I. Aside from administrative clarifications, the proposed Regulations “would remove or update obsolete provisions and enhance regulatory alignment with other jurisdictions.” The current Federal Halocarbon Regulations, 2003 would also be replaced and repealed by these Regulations.
Highlights of the proposed amendments include, but are not limited to:
- Defining “small” and “large” systems separately, based on “the charge of halocarbons they contain or are designed to contain”;
- Adding inventory tracking requirements for large systems containing halocarbons;
- Tracking requirements, for small systems, of activities that could lead to releases;
- Modifying the leak test interval period;
- Aligning with certain International Civil Aviation Organization (ICAO) (of which Canada is a member country) standards, including those “relating to the replacement of halons in fire-extinguishing systems in civil aviation”;
- Adding requirements from the Environmental Code of Practice for the Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems;
- Updating definitions and/or phrasing for clarification, including:
- changing “decommissioning” to “permanently withdrawing from use”
- changing “operates or is intended to operate” to “that contains or is designed to contain”;
- Clarifying reporting for releases of 10 kg to 100 kg;
- Modifying to allow electronic record keeping and reporting.
There is a 60-day (from date of publication) public comment period. Notices of objection may also be filed during this time frame.
The full text of the Proposed Regulations should be consulted for complete details.
Additional information may also be found on the Government’s Environment and Natural Resources website.
Recommended Action Items:
- Become familiar with the proposed Regulations;
- Submit comments and/or objections, if applicable, by the end of the public comment period (13 January 2021).
Department of the Environment, Canadian Environmental Protection Act, 1999, Environmental Violations Administrative Monetary Penalties Act, Proposed Regulations “Federal Halocarbon Regulations, 2020.” Canada Gazette, Part I, 14 November 2020 edition: http://gazette.gc.ca/rp-pr/p1/2020/2020-11-14/pdf/g1-15446.pdf
Government of Canada, Environment and Natural Resources, Ozone Layer Protection, Federal Halocarbon Regulations information website: https://pollution-waste.canada.ca/environmental-protection-registry/regulations/view?Id=147
Canada, Canadian Environmental Protection Act, 1999 (CEPA, 1999), Halocarbons
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