ontario regulation 180/07

made under the

environmental protection act

Made: March 28, 2007
Filed: May 4, 2007
Published on e-Laws: May 7, 2007
Printed in The Ontario Gazette: May 19, 2007

Amending O. Reg. 189/94

(Refrigerants)

1. Section 1 of Ontario Regulation 189/94 is amended by adding the following definitions:

“chiller” means refrigeration equipment that uses a refrigerant to cool a secondary cooling fluid;

“Environmental Code of Practice” means 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;

“industrial, commercial or institutional refrigeration equipment” means refrigeration equipment that is used for or in connection with any industrial, commercial or institutional purpose, but does not include mobile refrigeration equipment or a chiller;

“mobile refrigeration equipment” means refrigeration equipment that is installed in, normally operates in, on or in conjunction with or is attached to a means of transportation, but does not include an air-conditioning unit in respect of a motor vehicle or a chiller;

2. Section 4 of the Regulation is revoked and the following substituted:

General

4. (1) No person shall discharge or cause or permit the discharge of a refrigerant into the air within a building or into the natural environment.

(2) A person who discharges or causes or permits the discharge of 100 kilograms or more of refrigerant into the air within a building or into the natural environment must report that fact to the Ministry of the Environment as soon as reasonably possible after the discharge occurs.

3. Subsection 5 (2) of the Regulation is amended by striking out “After January 1, 2002” at the beginning.

4. (1) Subsection 6 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) No person shall service or test refrigeration equipment that uses a refrigerant unless,

. . . . .

(2) Subsections 6 (3) and (4) of the Regulation are revoked and the following substituted:

(3) No person shall add a refrigerant to refrigeration equipment for the purpose of testing the equipment.

(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.

5. (1) Section 6.1 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

6.1 Every person who services or tests refrigeration equipment shall create records containing the following information:

. . . . .

(2) Section 6.1 of the Regulation is amended by adding the following subsections:

(2) A copy of each record created under subsection (1) shall contain the name of the seller of the refrigerant and shall be kept for a period of two years from the date of its creation by,

(a) the employer of the person who serviced or tested the refrigeration equipment if done as part of the person’s employment; or

(b) if clause (a) does not apply, the person who serviced or tested the refrigeration equipment.

(3) This section does not apply to servicing or testing that takes place in the course of the manufacture of a product that is or that contains refrigeration equipment.

6. Section 6.2 of the Regulation is revoked and the following substituted:

6.2 Subject to subsection 6 (3), every person who conducts a test to determine if there is a leak in refrigeration equipment that uses a refrigerant shall conduct the test in accordance with the practices set out in the Environmental Code of Practice.

7. (1) Subsection 7 (1) of the Regulation is amended by striking out “is certified under section 21 and who conducts a test on refrigeration equipment to determine whether there is a leak in it” in the portion before clause (a) and substituting “conducts a test to determine if there is a leak in refrigeration equipment that uses a refrigerant”.

(2) Subsection 7 (1) of the Regulation is amended by adding the following clause:

(c.1) the name of the person’s employer, if the test is conducted in the course of the person’s employment;

(3) Subsection 7 (4) of the Regulation is amended by striking out “for a period of three years” in the portion before clause (a) and substituting “for a period of two years”.

8. The Regulation is amended by adding the following section:

7.1 Every person who conducts a purge on a low pressure chiller on or after January 1, 2009 shall do so in accordance with the practices set out in the Environmental Code of Practice.

9. (1) Clause 8 (2) (b) of the Regulation is amended by striking out “the natural environment” at the end and substituting “the air within a building or into the natural environment”.

(2) Clause 8 (3) (a) of the Regulation is amended by striking out “at a health care facility”.

10. The Regulation is amended by adding the following sections:

8.1 (1) On and after January 1, 2009, no person shall refill or permit the refill of industrial, commercial or institutional refrigeration equipment that has one or more compressors with a total capacity of more than 22 kilowatts with any refrigerant containing chlorofluorocarbons.

(2) On and after January 1, 2012, no person shall use industrial, commercial or institutional refrigeration equipment that has one or more compressors with a total capacity of more then 22 kilowatts if the equipment uses a refrigerant containing chlorofluorocarbons.

8.2 (1) On and after January 1, 2009, no person shall refill or permit the refill of a chiller with any refrigerant containing chlorofluorocarbons if the chiller has undergone a major overhaul, except as provided in subsection (2).

(2) A chiller that has undergone a major overhaul may be refilled with a refrigerant containing chlorofluorocarbons if, before January 1, 2009, the owner of the chiller submits a written notice to the Director setting out a date that is no later than December 31, 2011 by which the owner intends to discontinue the use of the chiller or convert the chiller so that it will not use any refrigerant containing chlorofluorocarbons.

(3) A written notice under subsection (2) shall specify whether the owner intends to discontinue the use of the chiller or convert the chiller so that it will not use any refrigerant containing chlorofluorocarbons.

(4) On and after January 1, 2012, no person shall use a chiller if the chiller uses a refrigerant containing chlorofluorocarbons.

(5) No person shall use a chiller to which subsection (2) applies after the date set out in the written notice if the chiller uses a refrigerant containing chlorofluorocarbons.

(6) Despite subsection (1), during the period between January 1, 2009 and December 31, 2011, inclusive, a chiller that has undergone a major overhaul may be refilled with a refrigerant containing chlorofluorocarbons if the chiller’s incapacity is,

(a) an immediate threat to human life or health; 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.

(7) Subject to subsection (4), no person shall use a chiller to which subsection (6) applies and subsection (2) does not apply more than one year after the day on which it is refilled unless it no longer contains a refrigerant containing chlorofluorocarbons.

(8) A person who uses a chiller to which subsection (2) or (6) applies shall, within seven days of the refilling of the chiller, give written notice to the Director setting out the date on which the chiller was refilled.

(9) In this section,

“major overhaul” means a procedure carried out on or a repair made to a chiller on or after January 1, 2009 that includes,

(a) the replacement or modification of any internal sealing devices in the chiller,

(b) the replacement or modification of an internal mechanical moving part, other than an oil heater, an oil pump or a float assembly and other than a vane assembly, in the case of a chiller with a single-stage compressor,

(c) a repair required as a result of the failure of an evaporator or condenser heat exchanger tube, or

(d) any combination of the procedures or repairs in clauses (a) to (c).

11. (1) Subsection 9 (1) of the Regulation is amended by striking out “certified under section 21” in the portion before clause (a).

(2) Subsection 9 (1) of the Regulation is amended by striking out “and” at the end of clause (c) and by adding the following clause:

(c.1) the name of the person’s employer, if the determination is made in the course of the person’s employment; and

(3) Subsection 9 (2) of the Regulation is amended by striking out “for a period of three years” in the portion before clause (a) and substituting “for a period of two years”.

12. Section 12 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

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

. . . . .

13. Subsection 14 (2) of the Regulation is amended by striking out “for a period of three years” and substituting “for a period of two years”.

14. Clause 16 (b) of the Regulation is revoked and the following substituted:

(b) that the container is both refillable and recyclable;

15. (1) Subsection 17 (1) of the Regulation is amended by striking out “certified under section 21” in the portion before clause (a).

(2) Subsection 17 (1) of the Regulation is amended by striking out “and” at the end of clause (c) and by adding the following clause:

(c.1) the name of the person’s employer, if the determination is made in the course of the person’s employment; and

(3) Section 17 of the Regulation is amended by adding the following subsection:

(1.1) A person shall not place a notice on a container setting out a statement that the container no longer contains any refrigerant unless the person is certified under section 21.

(4) Subsection 17 (2) of the Regulation is amended by striking out “for a period of three years” in the portion before clause (a) and substituting “for a period of two years”.

16. Subsections 21 (2), (3), (4) and (5) of the Regulation are revoked and the following substituted:

(2) Subject to subsections (7) to (9), the Director shall issue a certificate to a person if,

(a) the person meets the requirements under subsection (1); and

(b) the person has paid any fee applicable to the issuance of a certificate.

(3) Subject to subsections (7) to (9), the Director shall renew the certificate of a person if,

(a) the person makes a request for a renewal certificate before the expiry date set out on the certificate; and

(b) the person has paid any fee applicable to the issuance of a renewal certificate.

(4) A certificate shall set out,

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

(b) a certificate number; and

(c) an expiry date.

(5) Subject to subsections (7) to (9), a certificate is valid for five years from the date that it is issued.

(6) Despite subsection (5), a certificate issued before May 4, 2007 expires on the expiry date set out on the certificate.

(7) The Director may refuse to issue a certificate to a person or may revoke a certificate issued to a person if the past conduct of the person affords reasonable grounds to believe that the person will not comply with the requirements of this Regulation.

(8) If the Director proposes to refuse to issue a certificate to a person or to revoke a certificate issued to a person, the Director shall give written notice to the person setting out the Director’s reasons for the proposal and informing the person that he or she may make written submissions to the Director within 30 days after the date of the notice.

(9) The Director shall, after considering any written submissions made under subsection (8),

(a) refuse to issue the certificate or revoke the certificate; or

(b) issue the certificate or give the person written notice that the Director has decided not to revoke the certificate.

17. Section 22 of the Regulation is revoked and the following substituted:

Other Provisions Relating to Refrigerants Containing Chlorofluorocarbons

22. (1) Subject to subsection (3), if, immediately before January 1, 2012, a person is in possession of refrigerant containing chlorofluorocarbons that was collected from refrigeration equipment, the person shall, not later than July 1, 2012, deliver the refrigerant to a wholesaler who sells or distributes refrigerants.

(2) Subject to subsection (3), if, on or after January 1, 2012, a person collects refrigerant containing chlorofluorocarbons from refrigeration equipment, the person shall, within six months after the refrigerant was collected, deliver the refrigerant to a wholesaler who sells or distributes refrigerants.

(3) On application, the Director may extend the time within which a person is required to deliver refrigerant to a wholesaler under subsection (1) or (2) if the Director is satisfied that, for reasons beyond the person’s control, the person is unable to deliver the refrigerant to the wholesaler within the time required by subsection (1) or (2), as the case may be.

(4) A person who is required to deliver refrigerant to a wholesaler under this section shall deliver it,

(a) in a container that is labelled in accordance with section 16; and

(b) at the wholesaler’s normal place of business during normal business hours.

23. (1) If, on or after January 1, 2009, a person delivers a refrigerant containing chlorofluorocarbons to a wholesaler who sells or distributes refrigerants, the wholesaler shall accept the refrigerant at no charge.

(2) Subsection (1) does not apply unless the refrigerant is delivered to the wholesaler,

(a) in a container that is labelled in accordance with section 16; and

(b) at the wholesaler’s normal place of business during normal business hours.

24. (1) On and after July 1, 2012, refrigerant containing chlorofluorocarbons that was collected from refrigeration equipment is designated a hazardous waste under Part V of the Act.

(2) Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act applies to a material that is designated a hazardous waste by this section as if the material was a hazardous waste and a subject waste within the meaning of that regulation.