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Environmental Protection Act
Loi sur la protection de l’environnement

ONTARIO REGULATION 189/94

Amended to O. Reg. 238/01

REFRIGERANTS

Historical version for the period June 22, 2001 to May 3, 2007.

This Regulation is made in English only.

Interpretation

1. In this Regulation,

“air-conditioning unit”, in respect of a motor vehicle, means a mechanical vapour compression device driven by an engine that provides cooling principally for the operator or passengers of the vehicle and that contains or is intended to contain a refrigerant;

“container” means a container other than refrigeration equipment or any of its parts;

“refrigerant” means any liquid or gas used in refrigeration equipment and containing any substance listed in section 2;

“refrigeration equipment” means an air-conditioning, heat pump, refrigeration or freezer unit. O. Reg. 189/94, s. 1; O. Reg. 238/01, s. 1.

2. This Regulation applies to refrigerants containing any of the following substances:

1. Chlorofluorocarbon.

2. Hydrochlorofluorocarbon.

3. Hydrofluorocarbon. O. Reg. 189/94, s. 2.

3. Nothing in this Regulation permits anything that is prohibited under the Act. O. Reg. 189/94, s. 3.

General

4. (1) No person shall discharge or cause or permit the discharge of a refrigerant into the natural environment. O. Reg. 189/94, s. 4.

(2) Any discharge of 100 kilograms or more of refrigerant into the environment must be reported to the Ministry of the Environment. O. Reg. 238/01, s. 2.

Use and Disposal of Refrigeration Equipment

5. (1) No person shall use, in a motor vehicle that requires a permit under the Highway Traffic Act, an air-conditioning unit that uses chlorofluorocarbon or hydrochlorofluorocarbon as a refrigerant unless the air-conditioning unit is in use in the motor vehicle on or before December 31, 1995 or installed in the motor vehicle on or before December 31, 1994. O. Reg. 238/01, s. 3.

(2) After January 1, 2002, no person shall refill an air-conditioning unit of a motor vehicle, whether or not it requires a permit under the Highway Traffic Act, with any refrigerant containing chlorofluorocarbons. O. Reg. 238/01, s. 3.

6. (1) No person shall service or test refrigeration equipment in any manner that has the potential for causing the discharge of a refrigerant into the natural environment unless,

(a) the person is certified under section 21; and

(b) the person has access to equipment that is capable of collecting and capturing the refrigerant. O. Reg. 189/94, s. 6 (1).

(2) In clause (1) (b), a person has access to equipment if,

(a) that person or his or her employer owns the equipment; or

(b) that person or his or her employer has a written contract with a person who owns the equipment and the contract provides for immediate access to the equipment. O. Reg. 189/94, s. 6 (2).

(3) No person shall add a refrigerant to refrigeration equipment for the purpose of testing the equipment in any manner that has the potential for causing the discharge of the refrigerant into the natural environment. O. Reg. 189/94, s. 6 (3).

(4) Subsection (3) does not apply to the testing of an air-conditioning unit of a motor vehicle carried out in accordance with the practices set out in the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems, published by the National Office of Pollution Prevention, Environmental Protection Service, Environment Canada, and dated March, 1996, as amended from time to time after that date. O. Reg. 238/01, s. 4.

(5) This section does not apply to servicing or testing which takes place in the course of the manufacture of a product which is or which contains refrigeration equipment. O. Reg. 189/94, s. 6 (5).

6.1 Every person certified under section 21 to service or test equipment shall create and retain for a minimum period of two years from the date of creation, records containing the following information:

1. All amounts and types of refrigerant purchased or obtained for the purpose of servicing or testing equipment.

2. The amount of and explanation for any discharge of a refrigerant, whether or not it occurs in the course of servicing or testing equipment.

3. The date of any work done servicing or testing equipment, the name of the company doing the work and the name of the individual doing the work.

4. A description of the work done, the amount and type of refrigerant used in the work, the type of refrigerant recaptured in the course of the work and an estimate of the amount of refrigerant recaptured in the course of the work. O. Reg. 238/01, s. 5.

6.2 Every person certified under section 21 who conducts a test on refrigeration equipment to determine whether there is a leak in it shall conduct the test in accordance with the practices set out in the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems, published by the National Office of Pollution Prevention, Environmental Protection Service, Environment Canada, and dated March, 1996, as amended from time to time after that date. O. Reg. 238/01, s. 5.

7. (1) Every person who is certified under section 21 and who conducts a test on refrigeration equipment to determine whether there is a leak in it shall place a notice on the equipment at the end of the test setting out,

(a) the date of the test;

(b) the person’s name;

(c) the certificate number and expiry date appearing on the person’s certificate;

(d) the results of the test; and

(e) if there is a leak in the equipment, a statement that no refrigerant shall be added to the equipment until the leak is repaired. O. Reg. 189/94, s. 7 (1).

(2) In the case of a test conducted on refrigeration equipment in a motor vehicle, the required notice may be affixed to the frame or edge of the door nearest to the driver’s seat. O. Reg. 189/94, s. 7 (2).

(3) Every person who conducts a test under subsection (1) shall inform the person who owns or has control of the refrigeration equipment about the results of the test. O. Reg. 189/94, s. 7 (3).

(4) A copy of each notice issued under subsection (1) shall be kept for a period of three years from the date of its issuance by,

(a) the employer of the person who conducted the test if done as part of the person’s employment; or

(b) the person who conducted the test if clause (a) does not apply. O. Reg. 189/94, s. 7 (4).

(5) No person shall remove a notice issued under subsection (1) from any refrigeration equipment unless it is for the purpose of setting out a new notice issued under subsection (1). O. Reg. 189/94, s. 7 (5).

(6) This section does not apply to servicing or testing which takes place in the course of the manufacture of a product which is or which contains refrigeration equipment. O. Reg. 189/94, s. 7 (6).

8. (1) No person shall refill refrigeration equipment with a refrigerant unless there is a notice on the equipment issued under subsection 7(1) that indicates that there are no leaks in it. O. Reg. 189/94, s. 8 (1).

(2) No person shall refill refrigeration equipment with a refrigerant if,

(a) the results of a test are more than six months old; or

(b) the equipment appears damaged in a manner that may have had the effect of permitting the discharge of the refrigerant into the natural environment. O. Reg. 189/94, s. 8 (2).

(3) Subsections (1) and (2) do not apply if there is no reasonable alternative to the refilling of the refrigeration equipment and there is,

(a) an immediate danger to human life or health at a health care facility; or

(b) an immediate danger to crops, plant or animal life or foodstuffs on a farm or at a food packing, processing or storage facility. O. Reg. 189/94, s. 8 (3).

(4) Where refrigeration equipment is refilled and subsections (1) or (2) are not followed, the owner of the equipment shall,

(a) immediately report the circumstances to the Director and the actions taken;

(b) immediately test the refrigeration equipment for leaks and fix any leaks within seven days; and

(c) report to the Director the results of the test and confirming the fixing of any leaks and enclosing a copy of the current notice issued under subsection 7 (1). O. Reg. 189/94, s. 8 (4).

9. (1) A person certified under section 21 who determines that refrigeration equipment no longer contains any refrigerant shall place a notice on the equipment setting out,

(a) the date of the determination;

(b) the person’s name;

(c) the certificate number and expiry date appearing on the person’s certificate; and

(d) a statement that the equipment no longer contains any refrigerant. O. Reg. 189/94, s. 9 (1).

(2) A copy of each notice issued under subsection (1) shall be kept for a period of three years from the date of its issue by,

(a) the employer of the person who placed the notice on the equipment if done as part of the person’s employment; or

(b) the person who placed the notice on the equipment if clause (a) does not apply. O. Reg. 189/94, s. 9 (2).

10. (1) No person shall dismantle, destroy or incinerate refrigeration equipment or dispose of it by landfilling or by depositing it at a dump unless there is a notice issued under subsection 9 (1) on the equipment. O. Reg. 189/94, s. 10 (1).

(2) This section does not apply to dismantling which takes place in the course of the manufacture of a product which is or which contains refrigeration equipment. O. Reg. 189/94, s. 10 (2).

(3) For the purposes of subsection (1), the deposit of waste at a dump does not include the handling, storing, transferring, treating or processing of waste at a dump. O. Reg. 189/94, s. 10 (3).

(4) In this section, “dump” and “landfilling” have the same meaning as defined in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management). O. Reg. 189/94, s. 10 (4).

(5) This section does not apply to refrigeration equipment which has been used by a person for his or her own domestic purposes until December 1, 1995. O. Reg. 189/94, s. 10 (5).

Sale of Refrigerant

11. (1) No person shall sell a refrigerant to any person unless the refrigerant is sold to the person,

(a) in a container which is both refillable and recyclable;

(b) in refrigeration equipment or any of its parts; or

(c) as part of the servicing of refrigeration equipment. O.Reg. 189/94, s. 11 (1).

(2) Revoked: O. Reg. 238/01, s. 6.

(3) Revoked: O. Reg. 238/01, s. 6.

12. No person shall sell a refrigerant in a container unless the purchaser is,

(a) a wholesaler in a refrigerant, including any person who acquires the refrigerant for the purpose of resale;

(b) a person certified under section 21; or

(c) a person who employs a person certified under section 21. O. Reg. 189/94, s. 12; O. Reg. 238/01, s. 7.

13. (1) No person shall sell a refrigerant in a container unless the seller charges a deposit of at least $25 for the container at the time of the sale. O. Reg. 189/94, s. 13 (1).

(2) Every seller of a refrigerant shall accept every used container originally sold by the seller and shall pay to the person presenting the container the amount of the deposit that was originally charged for the container at the time of the sale. O. Reg. 189/94, s. 13 (2).

(3) This section applies only to a container which is labelled in accordance with section 16. O. Reg. 189/94, s. 13 (3).

14. (1) Every seller shall keep and maintain a record of every sale of a container of refrigerant setting out the following information in separate columns in the record:

1. The date of the sale.

2. The type and quantity of the refrigerant that was sold.

3. The purchaser’s name.

4. Where the purchaser is a person certified under section 21, the certificate number and expiry date appearing on the purchaser’s certificate.

5. Where the purchaser is the employer of a person certified under section 21, the certificate number and expiry date appearing on the certificate of the certified person. O. Reg. 189/94, s. 14 (1).

(2) Every seller shall keep each record made under subsection (1) for a period of three years after the date of the sale. O. Reg. 189/94, s. 14 (2).

15. Sections 11 to 14 do not apply with respect to the sale of a refrigerant by a manufacturer if the delivery of the refrigerant from the manufacturer to the purchaser is effected by depositing the refrigerant directly into a tank vehicle or refrigeration equipment. O. Reg. 189/94, s. 15.

Use and Disposal of Refrigerant Containers

16. No person shall fill a container with a refrigerant unless the container has a clearly marked label on the front of it setting out,

(a) the name of the refrigerant inside the container;

(b) that the container is refillable or recyclable or both, as the case may be;

(c) that the container can be returned to the place where it was purchased for a minimum refund of $25; and

(d) that the container cannot be disposed of by depositing in a dump or landfilling site. O. Reg. 189/94, s. 16.

17. (1) Every person certified under section 21 who determines for the purpose of section 18 that a container no longer contains any refrigerant shall place a notice on the container setting out,

(a) the date of the determination;

(b) the person’s name;

(c) the certificate number and expiry date appearing on the person’s certificate; and

(d) a statement that the container no longer contains any refrigerant. O. Reg. 189/94, s. 17 (1).

(2) A copy of each notice issued under subsection (1) shall be kept for a period of three years from the date that it is issued by,

(a) the employer of the person who placed the notice on the container if done as part of the person’s employment; or

(b) the person who placed the notice on the container if clause (a) does not apply. O. Reg. 189/94, s. 17 (2).

18. No person shall dismantle, destroy or recycle a container that has a label or any other marking on it which identifies that it has contained a refrigerant unless there is a notice on the container issued under subsection 17 (1). O. Reg. 189/94, s. 18.

19. (1) No person shall dispose of a container by depositing it in a dump or landfilling site, if the container has a label or any other marking on it which identifies that it has contained a refrigerant. O. Reg. 189/94, s. 19 (1).

(2) No person shall accept a container for disposal by depositing in a dump or landfilling site, if the container has a label or any other marking on it which identifies that it has contained a refrigerant. O. Reg. 189/94, s. 19 (2).

20. Every person who owns a container that has contained a refrigerant shall make all reasonable efforts to refill or recycle the container. O. Reg. 189/94, s. 20.

Certification in Use of Refrigerants and Refrigeration Equipment

21. (1) A person qualifies for a certificate under this Regulation if the person has successfully completed a course approved by the Director that, in the opinion of the Director, provides adequate training and testing with respect to the use and handling of ozone depleting substances, refrigerants and refrigeration equipment. O. Reg. 189/94, s. 21 (1).

(2) The Director shall issue a certificate to every person who meets the requirements under subsection (1). O. Reg. 189/94, s. 21 (2).

(3) An original certificate or a renewal certificate is valid for three years from the date that it is issued and shall set out,

(a) the name of the person who holds the certificate;

(b) a certificate number; and

(c) an expiry date. O. Reg. 189/94, s. 21 (3).

(4) Despite subsection (3), an original certificate issued on or before June 30, 2001 expires,

(a) on December 31, 2002, for persons whose surname begins with a letter from A to G, inclusive;

(b) on December 31, 2003, for persons whose surname begins with a letter from H to P, inclusive; and

(c) on December 31, 2004, for persons whose surname begins with a letter from Q to Z, inclusive. O. Reg. 238/01, s. 8.

(5) The Director shall renew the certificate of every person who, before the person’s current certificate expires, successfully completes a further examination approved by the Director that, in the opinion of the Director, adequately tests the person’s knowledge of the use and handling of ozone depleting substances, refrigerants and refrigeration equipment. O. Reg. 189/94, s. 21 (5).

(6) Revoked: O. Reg. 635/99, s. 1 (2).

(7) Revoked: O. Reg. 635/99, s. 1 (2).

22. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 189/94, s. 22.