Environmental Protection Alternative Measures Agreement Information

Name of accused: HER MAJESTY THE QUEEN as REPRESENTED BY PUBLIC WORKS AND GOVERNMENT SERVICES (hereinafter referred to as "PWGSC").

Alleged violation of which the accused is charged: Unlawfully release, or allow or cause the release of, a halocarbon that is contained in an air-conditioning system or an associated container or device; Fail to, in the event of a release of more than 10 kg but less than 100 kg of a halocarbon from an air-conditioning system, or from a container or equipment used in the reuse, recycling, reclamation or storage of a halocarbon, submit to the Minister a report that contains the information set out in column 3 or item 8 of Schedule 2; Fail to submit the release report required by section 33(1) twice annually, not later than 30 days after January 1, 2007; Fail to as soon as possible after a leak from an air-conditioning system is detected, repair the leak, isolate the leaking portion of the system and recover the halocarbon from the portion, or recover the halocarbon from the system; Fail, before dismantling, decommissioning or destroying any system, to recover all halocarbons contained in the system into a container designed and manufactured to be refilled and to contain that specific type of halocarbon; Fail to conduct a leak test, at least once every 12 months, of all components of an air-conditioning system that come into contact with a halocarbon; and, Fail to maintain a written record that contains the information set out in column 3 or item 5 of Schedule 2, contrary to sections 3(a), 22(1), 33(2), 13, 8(1), 11(1) and 31(1) of the Federal Halocarbon Regulations, 2003, SOR/2003-289, respectively, and thereby did commit an offense contrary to section 272(1) of the Canadian Environmental Protection Act, 1999 S.C. 1999, c.33 (seven counts).

Date of signature of the EPAM by the accused and the representative of the Attorney General of Canada: September 22, 2009

Date of registry of the EPAM at the Manitoba Provincial Court in Winnipeg, Manitoba: October 19, 2009

NEMISIS File no. 4108-2007-02-14-004

Expiry of the EPAM: March 31, 2011

Summary of measures required to be completed by the accused under the EPAM:

  • Develop and implement a departmental FHR Standard Operating Procedure
  • Develop and implement a departmental procedure to ensure their contractors are made aware of their FHRresponsibilities
  • Develop and implement a departmental internal auditing process to ensure compliance with the FHR
  • Develop and implement an FHR training program and ensure all employees responsible for halocarbon management attend
  • Make a $50,000 payment to the Receiver General of Canada in trust for the Environmental Damages Fund.

If there is any variance between the texts of the EPAM as displayed in the CEPA Environmental Registry and the text of the document registered on October 19, 2009 at the Manitoba Provincial Court in Winnipeg, Manitoba, the court-registered text takes precedence.