HFC Reporting in Canada by August 10, 2016

The Minister of Environment and Climate Change has finally proceeded with new regulation of hydrofluorocarbons (HFCs) with the issuance of reporting obligations under the Notice With Respect to Hydrofluorocarbons in Bulk  (“Notice”) pursuant to the Canadian Environmental Protection Act.

The Notice sets out that the manufacture, import and export of HFCs or mixtures containing HFCs in bulk trigger reporting requirements for any reportable substances (“Listed Substances”) set out in the Notice. The Notice applies to any enterprise which, in 2015:

  • manufactured more than 100 kg of any Listed Substance;
  • imported more than 100 kg of a Listed Substance, whether alone or in a mixture, at a concentration equal to or above 1% by weight; or
  • exported more than 100 kg of a Listed Substance, whether alone or in a mixture, at a concentration equal to or above 1% by weight.

Listed Substances are commonly found in household products including:

  • refrigerators,
  • freezers,
  • air conditioners,
  • heat pumps,
  • foams,
  • aerosol spray cans,
  • fire suppression and extinguishing systems, and
  • compressed air sprayers.

The Notice relates only to calendar year 2015 and must include Listed Substance total quantities and concentrations. The HFC Notice also exempts Listed Substances where they are:

  • in transit through Canada;
  • contained in a hazardous waste or hazardous recyclable material within the meaning of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations and that was imported in 2015 pursuant to a permit issued under those regulation; or
  • contained in manufactured items such as vehicles, and the household products listed above.

There is a confidentiality option when properly claimed and supply chain parties may also make blind submissions to preserve proprietary formulas. Reponses to the Notice must be provided no later than August 10, 2016 at 3 p.m. EST.

Extensions are available but must be obtained by August 10th, 2016 reporting deadline and will not be granted retroactively.

 

Jonathan D. Cocker heads the Firm’s Environmental Practice Group in Canada and is an active member of firm Global Consumer Goods & Retail and Energy, Mining and Infrastructure groups. Mr. Cocker provides advice and representation to multinational companies on a variety of environment, health and safety matters, including product content, dangerous goods transportation, GHS, regulated wastes, consumer product and food safety, extended producer responsibilities and contaminated lands matters. He appears before both EHS tribunals and civil courts across Canada. Mr. Cocker is a frequent speaker and writer on EHS matters, an active participant on EHS issues in a number of national and international industry associations and the recent author of the first edition of The Environment and Climate Change Law Review (Canada chapter) and the upcoming Encyclopedia of Environmental Law (Chemicals chapter).