1. The purpose of this notice is to advise the trading community that Ozone-depleting Substances Regulations, 1998, administered by the Canada Border Services Agency (CBSA) on behalf of Environment and Climate Change Canada (ECCC), have been repealed and replaced by the Ozone-depleting Substances and Halocarbon Alternatives Regulations (ODSHAR), which came into force on December 29, 2016.

2. Ozone-depleting substances and Halocarbon Alternatives Regulations implement Canada’s obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol). The Montreal Protocol is an international agreement to control the production and consumption of certain ozone-depleting substances (ODS).

3. The ODSHAR introduces new provisions relating to:

• a) a permitting and reporting system for hydrofluorocarbons (HFCs);
  [HFCs are increasingly used as alternatives to ozone-depleting substances (ODS) in refrigeration and air-conditioning equipment, foam products, and aerosol products. Although they are effective alternatives to ODS, many are powerful greenhouse gases. The three most commonly used HFCs are: HFC-125, HFC-143a and HFC-245fa.] 
• b) prohibition on the import of refrigerant that contains hydrochlorofluorocarbons (HCFCs) and HFCs in non-refillable containers.

4. ECCC authorizes importers and exporters to import or export ODS and HFCs and products containing or designed to contain these substances by issuing a permit to import or  export and/or by issuing an allowance (for HCFCs only) or a transfer of allowance.

5. Any questions with reference to permits or allowances should be referred to the Chemical Production Division of ECCC at [email protected] or 819-938-4218.

6. The CBSA will perform visual checks of conveyances or containers for placards labels or other markings that might indicate shipments containing controlled ODS or HFCs.

7. For all shipments of controlled ODS and HFCs and products containing or designed to contain these substances that are imported, exported or that transit through Canada, the importer, customs broker or carrier, or their agent, must present the CBSA with one of the required documents such as:

• a) a copy of the permit;
• b) a copy of the Minister’s written confirmation of their allowance or transfer of allowance; or
• c) an acknowledgement of their notice of shipment in transit.

8. Shipments containing regulated ODS or HFCs that are being imported, exported or that are transiting through Canada will not be allowed to proceed until the required document is presented to the CBSA. For all in-transit movements of the ODS, documentation will be verified by border services officers when a shipment of ODS enters and exits Canada. Quantities must be presented in the same format as the one specified in the written authorization in order to verify that the import or export is within the maximum allowable quantity, i.e. kilograms, ODP kilograms, grams, ODP grams, milligrams, ODP milligrams.

9. The CBSA is currently updating Memorandum D19-7-2 to reflect the above regulatory changes.

This notice is available on the CBSA website at: http://www.cbsa-asfc.gc.ca/publications/cn-ad/cn16-34-eng.html