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Canada Implements New Provisions Involving Trade in Ozone-Depleting Substances

The Canada Border Services Agency reports that the Ozone-depleting Substances Regulations it has administered on behalf of Environment and Climate Change Canada have been repealed and replaced by the Ozone-depleting Substances and Halocarbon Alternatives Regulations, which came into force on 29 December 2016. The ODSHAR introduce new provisions relating to (i) a permitting and reporting system for hydrofluorocarbons, which are increasingly used as alternatives to ODS in refrigeration and air-conditioning equipment, foam products and aerosol products, and (ii) a prohibition on imports of refrigerant that contains hydrochlorofluorocarbons and HFCs in non-refillable containers.

According to the CBSA, ECCC authorises 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 an allowance (for HCFCs only) or a transfer of allowance. For all shipments of such goods that are imported into, exported from or transit through Canada, the importer, customs broker, carrier or agent must present the CBSA with one of the required documents, such as a copy of the permit, a copy of the minister’s written confirmation of their allowance or transfer of allowance, or acknowledgement of their notice of shipment in transit. Shipments will not be allowed to proceed until the required document is presented. 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.

For all in-transit movements of ODS, documentation will be verified by border services officers when a shipment enters and exits Canada. Quantities must be presented in the same format as the one specified in the written authorisation to verify that the import or export is within the maximum allowable quantity (i.e. kilograms, ODP kilograms, grams, ODP grams, milligrams, ODP milligrams).

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