  
  
G/TBT/N/CAN/595  
16 July 2019  
(19-4723) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English /French  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  CANADA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Department of the Environment and Department of Health  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Canada's Notification Authority and Enquiry Point  
Global Affairs Canada  
Technical Barri ers and Regulations  
111 Sussex Drive  
Ottawa, ON K1A 0G2  
CANADA  
Tel: 343 -203-4273 
Fax: 613 -943-0346 
E-mail: enquirypoint@international.gc.ca  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [X] , 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Ozone -
depleting substances (ODSs) and hydrofluorocarbons (HFCs) (ICS: 13.020, 71.080, 
71.100)  
5. Title, number of pages and language(s) of the notified document:  Proposed 
Regulations Amending the Ozone -depleting Substances and Halocarbon Alternatives 
Regulations (19 pages, available in English and French).  
6. Description of content:  The Hydrochlorofluorocarbons (HCFC) are ozone -depleting 
substances and, along with hydrofluorocarbons (HFCs), are potent greenhouse gases 
having a global warming potential that can be hundreds to thousands of times greater 
than carbon dioxide. HFCs and HC FCs are on the List of Toxic Substances under the 
Canadian Environmental Protection Act, 1999 (CEPA) and are controlled by the 
Regulations.  
The proposed Amendments aim to ensure the adequate supply of HCFC -123 for use as a 
fire-extinguishing agent in situa tions where an alternative may not be available for certain 
critical aircraft rescue and firefighting applications. In light of the 2018 adjustment to the 
Montreal Protocol that allows for the consumption of HCFCs for specific applications within 
the exist ing phase -out framework, the proposed Amendments would extend the 
consumption allowance of HCFC -123 to service fire -extinguishing equipment until 31 
December 2029. Currently, the Regulations do not allow the use of HCFC -123 for this 
purpose beyond 31 Decem ber 2019.  
The Regulations are also the instrument through which Canada implements its obligations 
under the Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal G/TBT/N/CAN/595  
 
- 2 - 
 
  Protocol), including the Kigali Amendment to phase down HFCs. The last am endments to 
the Regulations entered into force on 16 April 2018 to establish the phase -down of HFCs 
that started on 1 January 2019.  
After the coming into force of these amendments, new information was received from 
companies in April and May 2018. A thorou gh review of the data revealed that the total 
Canadian HFC consumption baseline used to calculate the maximum amount of HFCs that 
can be imported by allowance holders was not accurate. It was therefore amended with 
an Interim Order in October 2018. However , the Interim Order ceases to have effect on 
the day it is repealed, the day regulations having the same effect as the interim order are 
made, or two years after the interim order is made, whichever event happens first. 
Consequently, the Minister of the En vironment and the Minister of Health can recommend 
to the Governor in Council that regulations having the same effect as the Interim Order 
be made before the two years elapse. It is therefore proposed to amend the Regulations 
to reflect the Canadian HFC co nsumption baseline of 18 008 795 tonnes CO2 equivalent, 
as was made with the Interim Order.  
The second proposed change would extend, until 31 December 2029, provisions in the 
Regulations that allows the consumption of HCFC -123 to service existing fire ext inguishing 
systems. The Regulations currently only allow the consumption of HCFC for such uses 
until December 31, 2019. This proposed amendment to the Regulations would align with 
a recent adjustment to the Montreal Protocol adopted at the 30th Meeting of the Parties 
to ensure these life safety systems can continue to be serviced until 2029 if needed. 
Canada was one of the proponents of this Montreal Protocol's adjustment.  
7. Objective and rationale, including the nature of urgent problems where 
applicable : Protection of the environment and human health. The objective of the 
proposed Amendments to the Ozone -depleting Substances and Halocarbon Alternatives 
Regulations (the proposed Amendments) is to amend the consumption baseline value that 
is used to determ ine the HFC quantities that can enter Canada under the HFC phase -down 
process, which started on January 1, 2019, to reflect corrected consumption data reported 
by companies importing HFCs in bulk. Amending this baseline is expected to reduce 
Canadian green house gas (GHG) emissions, in order to help limit increases in global 
average temperatures. It would ensure Canada continues to meet its international 
obligations under the Kigali Amendment to the Montreal Protocol.  
8. Relevant documents:   
• Canada Gazette , Part I, 15 June 2019, Pages 2711 -2730 (available in English and 
French)  
9. Proposed date of adoption:  Within 12 months of publication in the Canada Gazette, 
Part I  
Proposed date of entry into force:  These Regulations will come into force 180 days 
after the day on which they are published in the Canada Gazette, Part II.  
10. Final date for comments:  29 August 2019  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
The electronic version of the regulatory text can be downloaded at:  
http://www.gazette.gc.ca/rp -pr/p1/2019/2019 -06-15/html/reg6 -eng.html  
http://www.gazette.gc.ca/rp -pr/p1/2019/2019 -06-15/html/reg6 -fra.html  
 