Proposed revisions to the Ozone-Depleting Substances Regulations: chapter 1

1. Introduction

1.1 Purpose

Environment Canada will be drafting proposed regulatory revisions to the Ozone-depleting Substances Regulations, 1998 and its subsequent amendments (the Regulations) to ensure Canada will achieve the accelerated phase-out of hydrochlorofluorocarbons (HCFCs) as decided by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) at the 19th Meeting of the Parties (see Annex 1).

In addition, there is a need to consolidate changes that have been made over the years. The Ozone-depleting Substances Regulations, 1998 came into force on January 1st, 1999 and have been amended on five occasions. Obsolete exemptions will be removed and non-substantive corrections will be made to the legal text of the Regulations (e.g., renumbering the provisions). These changes are considered administrative in nature, without impact on stakeholders, and would streamline and clarify the Regulations.

Proposed revisions outlined in section 4 of this document also consider establishing requirements for prohibiting non-refillable containers; simplifying the consumption allowance system; and adding reporting requirements for the use of methyl bromide for quarantine applications and pre-shipment applications (QPS).

Environment Canada has developed this consultation document as part of the effort to develop regulatory revisions that will achieve the objectives as reflected in sections 3 and 4. It contains an abridged description of the proposed revisions, the possible options and associated considerations where applicable.

This document is intended to stimulate discussion and give stakeholders an opportunity to provide their perspectives on the proposed revisions before they are published in the Canada Gazette, Part I. Readers are asked to review the document carefully--in particular, the options proposed in sections 3.5 and 3.6--and provide their feedback in written format, as detailed in section 1.2.

1.2 Stakeholder Consultations

Environment Canada is committed to ensuring that all initiatives aimed at developing regulatory provisions include a process of meaningful and effective consultation with stakeholders. In keeping with this commitment, the Department has held a pre-consultation meeting with the Multistakeholder Working Group on Ozone-depleting Substances and Alternatives in July 2007. At this meeting stakeholders were asked for feedback on the proposals to accelerate the phase-out of HCFCs under the Montreal Protocol. The feedback from stakeholders informed the Canadian position for the 19th Meeting of the Parties held in Montreal in September 2007.

1.2.1 Objectives

The purpose of the current consultations is to invite all stakeholders to provide their comments on the proposed regulatory revisions, raise awareness of their concerns, and contribute to the development of regulatory revisions that are based on a common understanding of the environmental benefits to be achieved through these revisions.

There is a possibility that proposed revisions to the Regulations may cause the regulated community and/or governments to incur direct adjustment costs. There may also be benefits, especially in the form of improved environmental quality leading to better quality of life to all Canadians. They could also result in benefits to the economy by attracting knowledge-based investments, such as more environmentally friendly alternatives, as well as enhancing Canada’s performance in the area of ozone layer protection and climate change.

Economic costs and benefits will be evaluated in the preparation of the Regulatory Impact Analysis Statement. These consultations could also provide an important source of information on the costs and benefits of the proposed revisions to Canadians and Canadian industries.

These consultations are therefore intended to ensure that the proposed regulatory provisions are as effective and straightforward as possible, and that protection of the environment and human health is enhanced.

1.2.2 Scope

This consultation process is intended to give interested and affected parties an opportunity to review, discuss, and provide comments on the proposed revisions. These consultations may address both the nature of the proposed revisions and any ancillary concerns relating to their implementation (e.g., administrative practices or policy interpretations).

1.2.3 Submission of Comments

In soliciting input from stakeholders, Environment Canada has posted a copy of this document on the CEPA Environmental Registry web-site and distributed it by e-mail and regular mail to all known Canadian stakeholders, including representatives from other federal departments, provincial, territorial, industry, environmental groups, and public advocacy groups.

Environment Canada also intends to hold face to face consultations and will review and consider all written responses and comments received prior to drafting and publishing the proposed regulatory revisions in the Canada Gazette, Part I. Environment Canada welcomes the addition of contacts who were not previously involved in the stakeholder consultations, and the distribution of this document to other potential stakeholders.

Following the electronic and face to face consultations, the next opportunity for stakeholders to comment on the proposed regulatory revisions will be following the publication of the revisions in the Canada Gazette, Part I. Please send your comments on this consultation document in writing to either of the following addresses: