Ozone Depleting Substances and Other Halocarbons Regulation

Ozone Depleting Substances and Other Halocarbons Regulation, M.R. 103/94 The Ozone Depleting Substances Act , C.C.S.M. c. O80 Regulation 103/94 Registered May 27, 1994 bilingual version (HTML) Table of Contents Section DEFINITIONS AND APPLICATION 1 Definitions 2 Interpretation 3 Permitted uses 4 Prescribed substances RELEASES PROHIBITED 5 Releases prohibited INSTALLATION, SERVICE AND REPAIR OF EQUIPMENT 6 Service and repair by trained service technicians 6.1 Serviced equipment must be properly permitted 7 Recovery of Class 1, 2 and 3 substances 8 Repair and service records 8.1 Restricted use of equipment with Class 1 substance 8.2 Class 1 and 2 substances prohibited in vehicles 8.3 Other Class 1 substance prohibitions USE, DISPOSAL AND STORAGE OF CLASS 1, 2 AND 3 SUBSTANCES 9 Use as sterilant prohibited 10 Use as solvent prohibited 11 Flushing and testing 12 Leak test requirement 13 No recharging of portable fire extinguishing equipment 13.1 Class 1 substances in fixed fire extinguishing equipment 13.2 Class 1 permits and recharging permits for fixed fire extinguishing equipment 13.3 Permits for irreplaceable equipment 14 Addition of contaminants prohibited 15 Restriction on operation of compressor purge system 15.1 Prohibited releases from purge systems 15.2 Class 1 substances in chillers 15.3 Other time-based restrictions on chillers 15.4 Class 1 permits for chillers 15.5 Refusal, suspension or cancellation of permit 16 Disposal of equipment 17 Storage of recovered substances 17.1 Return of Class 1, 2 or 3 substances to sellers SALE OF CLASS 1, 2 AND 3 SUBSTANCES 18 Sale of fire extinguishers 18.1 Sale in inappropriate containers prohibited 19 Sale of Class 1, 2 and 3 substances in containers or equipment TRAINED SERVICE TECHNICIANS AND SECONDARY DISTRIBUTORS 20 Certification of technicians 21 Notice of proposal to refuse, suspend or cancel 22 Permits for secondary distributors 23 Notice of proposal to refuse, suspend or cancel MISCELLANEOUS PROVISIONS 24 Reporting releases 25 Labelling of equipment 26 Responsibility of employers and contractors 27 Repealed 28 Administrative assistance 29 Permission for unauthorized release or use 30 Repeal Schedule DEFINITIONS AND APPLICATION Definitions 1 In this regulation, "Act" means The Ozone Depleting Substances Act ; («  Loi  ») "air conditioning equipment" means an air cooling, heating or dehumidifying unit or system, whether mobile or stationary, that contains or operates with a Class 1, 2 or 3 substance; (« matériel de climatisation ») "appropriate container" means a container that is designed and manufactured to be refilled and to contain a specific Class 1, 2 or 3 substance; (« contenant approprié ») "ARI" means the Air-Conditioning and Refrigeration Institute, established in the United States of America; (« ARI ») "chiller" means air conditioning or refrigeration equipment that has a compressor, evaporator and secondary refrigerant; (« refroidisseur ») "Class 1 substance" means a substance listed or described under the heading Class 1 in the Schedule; (« substance de catégorie 1 ») "Class 2 substance" means a substance listed or described under the heading Class 2 in the Schedule; (« substance de catégorie 2 ») "Class 3 substance" means a substance listed or described under the heading Class 3 in the Schedule and prescribed as a replacement product under subsection 4(2); (« substance de catégorie 3 ») "decommission" , in relation to air conditioning, fire extinguishing, refrigeration or other equipment that contains, uses or operates with a Class 1 or 2 substance, means to recover for recycling, reclamation or destruction any Class 1 or 2 substance that the equipment contains and to make the equipment inoperable; (« mise hors service ») "fire extinguishing equipment" means a fire extinguishing unit or system, whether fixed or portable, that contains or uses a Class 1, 2 or 3 substance; (« matériel d'extinction d'incendie ») "fixed fire extinguishing equipment" means equipment that uses a Class 1, 2 or 3 substance to extinguish fire and is not portable fire extinguishing equipment; (« matériel fixe d'extinction d'incendie ») "major overhaul" , in relation to a chiller, means (a) any procedure or repair that requires replacement or modification of an internal sealing device, (b) the replacement or modification of any internal mechanical part, other than (i) an oil heater or pump, (ii) a float assembly, and (iii) a vane assembly in a single-stage compressor, or (c) any procedure or repair required to fix an evaporator or condenser heat exchanger tube failure; (« révision générale ») "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; (« matériel de réfrigération mobile ») "motor vehicle" means a motor vehicle as defined in The Highway Traffic Act ; (« véhicule automobile ») "portable fire extinguishing equipment" means equipment that uses a Class 1, 2 or 3 substance to extinguish fire and can be moved or wheeled by hand from place to place; (« matériel portatif d'extinction d'incendie ») "purge system" , in relation to air conditioning or refrigeration equipment, means the purge unit and any associated recovery equipment; (« système à vidange ») "reclaim" means to restore a recovered Class 1, 2 or 3 substance to its original level of purity and product specification; (« convertir ») "recover" means to capture in a closed container a Class 1, 2 or 3 substance that is removed from air conditioning, fire extinguishing or refrigeration equipment; (« récupérer ») "recycle" means to reuse a Class 1, 2 or 3 substance that has been recovered from air conditioning, fire extinguishing or refrigeration equipment in other equipment and that has been restored to a higher level of purity; (« recycler ») "refrigerant" means a fluid that absorbs heat at a low temperature and pressure, with a change of state, and rejects heat at a higher temperature and pressure; (« frigorigène ») "refrigeration equipment" means a refrigeration unit or system, whether mobile or stationary, that contains or operates with a Class 1, 2 or 3 substance; (« matériel de réfrigération ») "reuse" means to return a recovered Class 1, 2 or 3 substance to air conditioning, fire extinguishing or refrigeration equipment after completion of repairs or service of the equipment; (« réutiliser ») "secondary distributor" means a person who holds a valid and subsisting secondary distributor permit issued under section 22; (« distributeur secondaire ») "service" , in relation to equipment that contains, uses or operates with a Class 1, 2, or 3 substance, includes (a) repairing, moving, dismantling, charging, recharging, topping up and decommissioning the equipment, and (b) modification, maintenance, disposal, start-up and testing of the equipment, other than testing related to its manufacture; (« entretien ») "top up" means to partially or completely refill equipment designed to contain a Class 1, 2 or 3 substance, or a component that makes up or is attached to a closed refrigerant loop, with a Class 1, 2 or 3 substance; (« faire l'appoint ») "trained service technician" means a person who holds a valid and subsisting certification as a trained service technician granted under section 20; (« technicien d'entretien qualifié ») "vehicle air conditioner" means the air conditioning unit or system of a motor vehicle or other motor-powered vehicle, if the unit or system (a) is driven by an engine, (b) is a mechanical vapour compression refrigerant system that provides cooling for the passenger compartment of the vehicle, and (c) contains or is intended to contain a Class 1, 2 or 3 substance; (« appareil de climatisation d'automobile ») "white good" means (a) a domestic refrigerator or freezer, (b) a window air conditioner, (c) a 115 to 230 volt self-contained plug-in unit that requires the use of a Class 1, 2 or 3 substance for operation, including but not limited to a drinking fountain, a pneumatic air dryer, and a domestic dehumidifier. (« bien durable technique ») M.R. 178/2005 Interpretation 2 Nothing in this regulation shall be interpreted to permit the making or use that is otherwise prohibited by law of a Class 1, 2 or 3 substance or a thing or product that contains, or for its use or operation requires, a Class 1, 2 or 3 substance. M.R. 178/2005 Permitted uses 3 The making or use of a Class 1, 2 or 3 substance or a thing or product that contains, or for its use or operation requires, a Class 1, 2 or 3 substance is permitted except where prohibited by this regulation. M.R. 178/2005 Prescribed substances 4(1) The substances set out or described in the Schedule under the headings Class 1 and Class 2 are prescribed as ozone depleting substances of the class under which they are listed 4(2) The substances set out or described in the Schedule under the heading Class 3 are prescribed as replacement products under subsection 2(2) of the Act. M.R. 178/2005 RELEASES PROHIBITED Releases prohibited 5(1) Except where permitted by or under an enactment of Manitoba or Canada, no person shall release or permit the release of a Class 1, 2 or 3 substance into the environment. 5(2) Subsection (1) does not prohibit the release of a Class 1, 2 or 3 substance from any thing while it is used (a) in the course of fighting fires; (b) in the following human or animal health care applications: (i) bronchial dilators, (ii) inhalable steroids, (iii) topical anaesthetics, (iv) veterinary powder wound sprays; (c) as a safety device on equipment; or (d) in the operation of a sub-atmospheric centrifugal chiller compressor purge system. 5(3) Subsection (1) does not prohibit the release of a refrigerant used for charging or re-charging equipment where the refrigerant is contained in a hose less than 92 cm (36 inches) in length. M.R. 178/2005 INSTALLATION, SERVICE AND REPAIR OF EQUIPMENT Service and repair by trained service technicians 6 No person other than a trained service technician shall (a) install, repair or service air conditioning, fire extinguishing, refrigeration or other equipment that contains or uses a Class 1, 2 or 3 substance; (b) repair or service a white good that contains or uses a Class 1, 2 or 3 substance; or (c) do other work on anything referred to in clause (a) or (b) that may result in the release of a Class 1, 2 or 3 substance. M.R. 128/95; 178/2005 Serviced equipment must be properly permitted 6.1(1) A trained service technician must not, after this regulation is in force for 90 days, service fixed fire extinguishing equipment that uses a Class 1 substance unless a Class 1 permit has been issued for the equipment under section 13.2 or 13.3 and the permit is in force. 6.1(2) Without limiting the generality of subsection (1), a trained service technician must not, after January 1, 2006, recharge fixed fire extinguishing equipment with a Class 1 substance except under the authority of a recharging permit issued under section 13.2 or 13.3. 6.1(3) A trained service technician must not, after this regulation is in force for 90 days, service a chiller that uses a Class 1 substance unless a Class 1 permit has been issued for the chiller under section 15.4 and the permit is in force. M.R. 178/2005 Recovery of Class 1, 2 and 3 substances 7(1) A trained service technician who carries out an installation, repair or service or who does any other work referred to in section 6 shall (a) have available at the job site operational equipment that can recover and contain a Class 1, 2 and 3 substance; and (b) recover and either reuse, recycle, reclaim or arrange for the destruction of any Class 1, 2 or 3 substance that would otherwise be released during the procedure. 7(2) A trained service technician who recovers a Class 1, 2 or 3 substance from fire extinguishing equipment shall so do with recovery equipment with a transfer efficiency of at least 99%, determined in accordance with Underwriters' Laboratories of Canada standard ULC/ORD–C1058.5–2004, Halon and Halocarbon Clean Agent Recovery and Reconditioning Equipment , as amended or replaced from time to time. 7(3) A trained service technician who recovers a Class 1, 2 or 3 substance from air conditioning or refrigeration equipment shall do so in accordance with ARI standard 740-98, Refrigerant Recovery/Recycling Equipment , as amended or replaced from time to time. M.R. 178/2005 Repair and service records 8(1) A trained service technician who carries out an installation, repair or service or who does any other work referred to in section 6 shall (a) make a record in a form approved by the minister setting out (i) the type of equipment and work carried out, (ii) the date of and location where the work was carried out, (iii) whether a Class 1, 2 or 3 substance was removed, recovered, charged or recharged into the system, (iv) the type of Class 1, 2 or 3 substance, if known, that is recovered from and recharged into the system, (v) the amount of Class 1, 2 or 3 substance, if any, that will be stored pending recycling, reclamation or destruction, and (vi) the Manitoba location where the substance will be stored until it is recycled, reclaimed or destroyed; and (b) leave a copy of the record referred to in clause (a) with the owner or operator of the equipment that is installed, repaired or serviced. 8(2) A trained service technician who is required to make a record referred to in subsection (1) in the course of his or her employment shall give the record to his or her employer. 8(3) A person who is required to make a record described in subsection (1) and retains possession of it, or an employer who is in possession of a record under subsection (2), shall (a) keep the record for not less than three years after the date of the installation, repair, service or other work; and (b) make the record available to an environment officer upon request. 8(4) Before February 1 of each year, a person required to make records under this section shall provide to the minister in a form approved by the minister a summary of all of the records made for the previous year. 8(5) The owner or operator of a chiller or fixed fire extinguishing equipment that contains, uses or operates with a Class 1 or 2 substance shall provide a report to the minister, setting out the information required by clause (1)⁠(a), if the chiller or equipment is (a) put out of operation for the purpose of decommissioning it; (b) replaced; or (c) converted so that it does not use a Class 1 or 2 substance. 8(6) It is sufficient compliance with subsection (5) if the owner or operator provides a copy of the report that he or she receives from the trained service technician as required by clause (1)⁠(b). M.R. 178/2005 Restricted use of equipment with Class 1 substance 8.1 No person shall (a) install or set into operation air conditioning, fire extinguishing, refrigeration or other equipment that uses or operates with a Class 1 substance; or (b) modify air conditioning, fire extinguishing, refrigeration or other equipment, or a white good, that before the modification was not able to use or operate with a Class 1 substance, if after the modification the equipment or white good will be able to use or operate with such a substance. M.R. 178/2005 Class 1 and 2 substances prohibited in vehicles 8.2 After this regulation is in force for 30 days, no person shall (a) charge or recharge a vehicle air conditioner with a Class 1 or 2 substance; or (b) charge or recharge mobile refrigeration equipment with a Class 1 substance. M.R. 178/2005 Other Class 1 substance prohibitions 8.3 After December 31, 2005, no person shall charge or recharge air conditioning or refrigeration equipment with a Class 1 substance. This is subject to section 15.4, but does not apply to white goods. M.R. 178/2005 USE, DISPOSAL AND STORAGE OF CLASS 1, 2 AND 3 SUBSTANCES Class 1 and 2 substances prohibited as sterilants 9(1) No person shall use a Class 1 or 2 substance as or in a sterilant. 9(2) In subsection (1), "sterilant" means a gas mixture that is used to sterilize equipment, things or materials. M.R. 178/2005 Use of Class 1 substance as solvent prohibited 10 No person shall use a Class 1 substance as a cleaning solvent. M.R. 178/2005 Flushing and testing 11(1) No person shall add a Class 1, 2 or 3 substance to equipment for (a) flushing the equipment; or (b) testing fire extinguishing equipment. 11(2) and (3) [Repealed] M.R. 178/2005 11(4) No person shall add a Class 1, 2 or 3 substance to any equipment for the purpose of leak testing the equipment. M.R. 128/95; 178/2005 Leak test requirement 12(1) No person shall charge, recharge or top-up equipment that contains a Class 1, 2 or 3 substance unless the person first (a) conducts a leak test (i) in accordance with the procedure set out in the MOPIA 1998–1999 Manitoba Compliance Guide , published by the Manitoba Ozone Protection Industry Association Inc., as amended or replaced from time to time, if the equipment is air conditioning or refrigeration equipment, (ii) in accordance with Underwriters' Laboratories of Canada standard ULC/ORD–C1058.18–2004, The Servicing of Halon and Clean Agent Extinguishing Systems , as amended or replaced from time to time, if the equipment is fire extinguishing equipment that uses a Class 1 substance, or (iii) in accordance with any other procedure approved by the minister for the particular kind of equipment; and (b) if the leak test reveals a leak, repairs the leak so that leaking can no longer occur. 12(2) When a person conducts a leak test under subsection (1) that reveals a leak, the person shall (a) ensure that the equipment is immediately repaired so that leaking can no longer occur; or (b) immediately recover the Class 1, 2 or 3 substance from the equipment and disable the equipment so as to prevent damage to the equipment. M.R. 178/2005 No recharging of portable fire extinguishing equipment 13(1) No person shall charge or recharge portable fire extinguishing equipment with a Class 1 or 2 substance. 13(2) Subsection (1) does not apply to (a) fire extinguishing equipment that has been used for fire protection in an aircraft or mining operation, and that is intended to be reused for fire protection in an aircraft or mining operation; or (b) fire extinguishing equipment that, in the opinion of the minister, is for any essential use other than those described in clause (a). M.R. 178/2005 Class 1 substances in fixed fire extinguishing equipment 13.1(1) For the purposes of this section and sections 13.2, 13.3 and 15.5, a person operates fixed fire extinguishing equipment if (a) he or she owns or has care and control of the vehicle, building, structure or part of a building or structure, or other place, where the equipment is installed; and (b) the equipment has not been decommissioned. 13.1(2) Between the day that is 90 days after this section comes into force and December 31, 2009, no person who operates fixed fire extinguishing equipment shall use a Class 1 substance in it except under the authority of a Class 1 permit issued under section 13.2. 13.1(3) Between January 1, 2006, and December 31, 2009, no person shall recharge fixed fire extinguishing equipment with a Class 1 substance except under the authority of a recharging permit issued under section 13.2. 13.1(4) After December 31, 2009, (a) no person shall operate fixed fire extinguishing equipment that uses a Class 1 substance; and (b) a person who owns or has care and control of the building, structure or part of a building or structure, or other place, where such fixed fire extinguishing equipment is installed shall ensure that the equipment is decommissioned. M.R. 178/2005 Class 1 permits and recharging permits for fixed fire extinguishing equipment 13.2(1) In this section and section 13.3, "unit" means fixed fire extinguishing equipment with a common supply of Class 1 substance. 13.2(2) A person who wishes to obtain a Class 1 permit or recharging permit for a unit of fixed fire extinguishing equipment shall (a) file an application with the minister in a form acceptable to the minister and provide the minister with the information he or she requires; and (b) pay a fee of $50. 13.2(3) The minister may issue a Class 1 permit to a person for a unit if the person complies with subsection (2) and the minister is satisfied that the person intends to use a Class 1 substance in the unit between the day that is 90 days after this section comes into force and December 31, 2009. 13.2(4) The minister may issue a recharging permit to a person for a unit if the person complies with subsection (2) and the minister is satisfied that the person intends to recharge the unit with a Class 1 substance between January 1, 2006, and December 31, 2009. 13.2(5) Subject to section 15.5, the minister may (a) refuse to issue a Class 1 permit or recharging permit if he or she is of the opinion that the applicant has not complied with subsection (2), has contravened the Act or this regulation, or is otherwise not entitled to a permit; or (b) suspend or cancel a Class 1 permit if he or she is of the opinion that the applicant or permit holder has contravened the Act or this regulation. 13.2(6) The minister may not issue more than one recharging permit under this section for the same unit. 13.2(7) A Class 1 permit expires on the earlier of the following: (a) December 31, 2009; (b) the expiration of one year from the day on which the unit is recharged; (c) the day the unit is converted so as not to use a Class 1 substance or replaced with equipment that does not use a Class 1 substance; (d) the day the unit is decommissioned. 13.2(8) A recharging permit expires on the earlier of the following: (a) the day the unit is recharged; (b) December 31, 2009; (c) the day the Class 1 permit for the unit expires or is cancelled. 13.2(9) Within one year after the day on which a unit is recharged, the person who operates the unit shall (a) decommission the unit; (b) convert the unit so that it does not use a Class 1 substance; or (c) replace the unit with equipment that does not use a Class 1 substance. M.R. 178/2005 Permits for irreplaceable equipment 13.3(1) Despite section 13.1 and subsection 13.2(8), a person who operates a unit of fixed fire extinguishing equipment that uses a Class 1 substance may apply for a Class 1 permit or recharging permit under this section if (a) the person needs to operate the unit after December 31, 2009, or after the day subsection 13.2(8) requires the unit to be converted or replaced; and (b) there is no technically or financially feasible alternative to operating or recharging the unit that could have a relatively lower environmental health impact than its continued operation. 13.3(2) A person who wishes to obtain a Class 1 permit or recharging permit for a unit of fixed fire extinguishing equipment under this section shall (a) file an application with the minister in a form acceptable to the minister and provide the minister with the information he or she requires; and (b) pay a fee of $50. 13.3(3) Without limiting the generality of clause (2)⁠(a), the person shall provide the minister with evidence satisfactory to the minister that there is no technically or financially feasible alternative to operating or recharging the unit that could have a relatively lower environmental health impact than its continued operation. 13.3(4) The minister may issue a Class 1 permit or recharging permit for a unit under this section if the person complies with subsections (2) and (3) and the minister is satisfied by the evidence provided under subsection (3). 13.3(5) Subject to section 15.5, the minister may refuse to issue a Class 1 permit or recharging permit under this section if the minister (a) is not satisfied by the evidence provided under subsection (3); or (b) is of the opinion that the applicant has not complied with subsection (2) or (3), has contravened the Act or this regulation, or is otherwise not entitled to a permit. 13.3(6) A Class 1 or recharging permit under this section expires on the expiration of one year from the day it is issued. If the person's need to operate the unit will continue after the expiration of a Class 1 permit under this section, he or she must apply for a new permit before it expires. 13.3(7) No person shall make a false or misleading statement or provide false or misleading information in, or in support of, an application for a permit under this section. M.R. 178/2005 Addition of contaminants prohibited 14 No person shall add to, mix or dissolve in a recovered Class 1, 2 or 3 substance any foreign material, substance or waste that makes reclamation impracticable. M.R. 178/2005 Restriction on operation of compressor purge system 15 No person shall operate or permit the operation of a sub-atmospheric centrifugal chiller compressor purge system unless it is a high-efficiency system that meets ARI standard 580-2001, Non-Condensable Gas Purge Equipment for Use with Low Pressure Centrifugal Liquid Chillers , as amended or replaced from time to time. M.R. 128/95; 178/2005 Prohibited releases from purge systems 15.1 No person shall, after this regulation is in force for 90 days, release or permit the release of a Class 1, 2 or 3 substance from the purge system of air conditioning or refrigeration equipment in an amount greater than 0.1 kg of Class 1, 2 or 3 substance per kilogram of air. M.R. 178/2005 Class 1 substances in chillers 15.2(1) For the purposes of this section and sections 15.3 to 15.5, a person operates a chiller if (a) he or she owns or has care and control of the building, structure or part of a building or structure, or other place, where the chiller is installed; and (b) the chiller has not been decommissioned. 15.2(2) Between the day that is 90 days after this section comes into force and December 31, 2014, no person who operates a chiller shall use a Class 1 substance in it except under the authority of a Class 1 permit issued under section 15.4. 15.2(3) After December 31, 2014 (a) no person shall operate a chiller that uses or operates with a Class 1 substance; and (b) a person who owns or has care and control of the vehicle, building or part of a building, structure or part of a structure, or other place, where such a chiller is installed shall ensure that the chiller is decommissioned. M.R. 178/2005 Other time-based restrictions on chillers 15.3(1) Subsection (2) applies to a person who operates a chiller that (a) uses or operates with a Class 1 substance; and (b) mechanically requires a major overhaul after December 31, 2005. 15.3(2) A person mentioned in subsection (1) (a) shall not overhaul the chiller unless it is concurrently converted to use or operate with a substance other than a Class 1 substance; and (b) shall, if the chiller is not converted, decommission it. 15.3(3) Despite subsection 8(3), a chiller that mechanically requires a major overhaul after December 31, 2005, may be charged or recharged with a Class 1 substance once if (a) the chiller's incapacity is an immediate threat to human life or health; and (b) the owner or operator responsible for the chiller immediately notifies an environment officer after the chiller is charged or recharged and provides the environment officer with all information regarding the charge or recharge that is requested by the environment officer. 15.3(4) A chiller that is charged or recharged under subsection (3) must, within one year after it is charged or recharged, (a) be converted to use or operate with a substance other than a Class 1 substance; or (b) be decommissioned. M.R. 178/2005 Class 1 permits for chillers 15.4(1) A person who wishes to obtain a Class 1 permit for a chiller shall (a) file an application with the minister in a form acceptable to the minister and provide the minister with the information he or she requires; and (b) pay a fee of $50. 15.4(2) The minister may issue a Class 1 permit to a person for a chiller if the person complies with subsection (1) and the minister is satisfied that the person intends to use a Class 1 substance in the chiller between the day that is 90 days after this section comes into force and December 31, 2014. 15.4(3) Subject to section 15.5, the minister may (a) refuse to issue a Class 1 permit if he or she is of the opinion that the applicant has not complied with subsection (1), has contravened the Act or this regulation, or is otherwise not entitled to a permit; or (b) suspend or cancel a Class 1 permit if he or she is of the opinion that the applicant or permit holder has contravened the Act or this regulation. 15.4(4) A Class 1 permit expires on the earlier of the following: (a) December 31, 2014; (b) the day after December 31, 2005, that the chiller mechanically requires a major overhaul; (c) the expiration of one year after the day on which the chiller is charged or recharged under subsection 15.3(3). M.R. 178/2005 Refusal, suspension or cancellation of permit 15.5(1) If the minister proposes to refuse to grant a Class 1 permit under section 13.2, 13.3 or 15.4 or to suspend or cancel one, the minister shall give notice of the proposal, together with the reasons for it, to the applicant or permit holder stating that he or she may respond to the proposal in writing to the minister within 21 days after the notice is received. 15.5(2) If the minister proposes to refuse to grant a recharging permit under section 13.2 or 13.3, the minister shall give notice of the proposal, together with the reasons for it, to the applicant stating that he or she may respond to the proposal in writing to the minister within 21 days after the notice is received. 15.5(3) If an applicant or permit holder does not respond to the notice, the minister may carry out the proposal. 15.5(4) If an applicant or permit holder responds to the notice, the minister shall consider the response without delay and may (a) when the proposal concerns the granting of a Class 1 or recharging permit, grant the permit if the minister is satisfied that the applicant meets the requirements for a permit; (b) when the proposal concerns the suspension or cancellation of a Class 1 permit, refrain from carrying out the proposal if the minister is satisfied that he or she is not entitled to do so under subsection 13.2(4) or 13.3(5); or (c) carry out the proposal, if the minister is satisfied that he or she is entitled to do so under subsection 13.2(4), 13.3(5) or 15.4(3). 15.5(5) A notice of proposal under this section is sufficiently given to an applicant or permit holder if it is personally served or if it is sent by registered mail to the last address of the applicant or permit holder known to the minister, in which case it is deemed to have been received by the applicant or permit holder five days after it is mailed. M.R. 178/2005 Disposal of equipment, etc. 16(1) Subject to subsection (1.1), no person shall dispose of (a) air conditioning, fire extinguishing, refrigeration or other equipment; or (b) an object; that contains a Class 1, 2 or 3 substance without first ensuring that the Class 1, 2 or 3 substance is or will be recovered for recycling, reclamation or destruction. 16(1.1) It is sufficient compliance with subsection (1) if the person delivers the equipment or object to a public sector program or agency, or a private sector organization, that recovers or ensures the proper recovery of the Class 1, 2 or 3 substance. 16(2) No person shall dispose of a motor vehicle that contains an air-conditioning unit without first removing any Class 1, 2 or 3 substance from the unit. 16(3) In this section, "dispose of" , in relation to a closed loop system that contains a Class 1, 2 or 3 substance or in relation to a motor vehicle, means to cease to have charge of or responsibility for the system or the motor vehicle with the intention that it will not be used again in its existing form. M.R. 178/2005 Storage of recovered substances 17 Despite any other provision of this regulation, a person who recovers a Class 1, 2 or 3 substance shall, if the condition or quality of the substance is inadequate for reuse, recycling or reclamation, store or arrange for storage of the substance until it can be delivered to a person for destruction. M.R. 178/2005 Return of Class 1, 2 or 3 substances to sellers 17.1(1) A person who is entitled under this regulation to purchase Class 1, 2 or 3 substances may return a Class 1, 2 or 3 substance in a container designed and manufactured to contain the substance to any person who displays or offers for sale, sells or transfers that substance. 17.1(2) A person who displays or offers for sale, sells or transfers a Class 1, 2 or 3 substance shall accept the return of the substance if the conditions set out in subsection (1) are satisfied. The person must store the Class 1, 2 or 3 substance until he or she (a) delivers it to a person who manufactures, recycles, reclaims or destroys the substance; or (b) otherwise ensures that it is recycled, reclaimed or destroyed. M.R. 178/2005 SALE OF CLASS 1, 2 AND 3 SUBSTANCES Sale of fire extinguishers 18(1) No person shall display or offer for sale, sell or transfer to any person any fire extinguishing equipment that contains a Class 1 substance. 18(2) Subsection (1) does not apply to fire extinguishing equipment intended for (a) [repealed] M.R. 178/2005 ; (b) use on an aircraft or in mining operations; or (c) any other use that is, in the opinion of the minister, an essential use under clause 13(2)⁠(b). M.R. 178/2005 Sale in inappropriate containers prohibited 18.1(1) No person shall display or offer for sale, sell or transfer a Class 1, 2 or 3 substance that may be used in air conditioning or refrigeration equipment unless the substance or product is contained in an appropriate container. Purchase in inappropriate containers prohibited 18.1(2) No person shall purchase a Class 1, 2 or 3 substance that may be used in air conditioning or refrigeration equipment unless the substance or product is contained in an appropriate container. 18.1(3) Subsections (1) and (2) do not apply to a display or offer that occurs within 120 days after this section comes into force or a sale, transfer or purchase that is completed within that time. M.R. 178/2005 Sale of Class 1, 2 and 3 substances in containers or equipment 19(1) No person shall display or offer for sale, sell or transfer to any person, other than to a trained service technician or a secondary distributor, (a) a Class 1, 2 or 3 substance that is in a container and that is intended for the purpose of installation, repair or service of air conditioning, refrigeration, fire extinguishing or any other equipment that contains a Class 1, 2 or 3 substance; or (b) any new or used equipment or component, other than a white good, that contains or is intended to contain a Class 1, 2 or 3 substance, including a roof-top unit, a split system, an evaporator, a condenser, a filter dryer, a compressor, a pressure activated control, or any other equipment or component that makes up or is attached to a closed refrigerant loop. Sales records 19(2) A person who makes a sale or transfer described in subsection (1) shall (a) make a record setting out (i) the name of the purchaser or transferee and his or her certification number or secondary distributor permit number, (ii) the date of the sale or transfer, (iii) if the sale or transfer is of a Class 1, 2 or 3 substance in a container, the type and quantity of Class 1, 2 or 3 substance sold or transferred; (b) keep the record for not less than three years after the date of the sale or transfer; and (c) make the record available to an environment officer upon request. 19(3) In addition to the requirements of subsection (2), a secondary distributor shall (a) keep an inventory record in a form acceptable to the minister of the quantities and types of Class 1, 2 or 3 substances in stock; (b) before February 1 of each year, provide to the minister a copy of the inventory records for the previous year; and (c) where the secondary distributor sells or transfers a Class 1, 2 or 3 substance, (i) make a record of each sale or transfer of a Class 1, 2 or 3 substance including information as to the type and quantity sold and the name and the certification number or secondary distributor permit number of the purchaser or transferee, and (ii) mark all receipts, invoices, and other documentation provided to the purchaser or transferee with the certification number or secondary distributor permit number of the purchaser or transferee. 19(4) A secondary distributor who makes a record described in clause (3)⁠(a) or (3)⁠(c)⁠(i), or a person who is in possession of a receipt, invoice, or other documentation described in subclause (3)⁠(c)⁠(ii), shall (a) keep the record, receipt, invoice or documentation for not less than three years from the date of the making of the record, or date of receipt of the receipt, invoice or documentation, as the case may be; and (b) make the record, receipt, invoice or documentation available to an environment officer upon request. M.R. 178/2005 TRAINED SERVICE TECHNICIANS AND SECONDARY DISTRIBUTORS Certification of technicians 20(1) A person who has successfully completed a course that is approved by the minister in the proper repair, installation, recovery and recycling procedures for sealed systems, including the recovery of Class 1, 2 and 3 substances, is entitled to be certified as a trained service technician and to have that certification renewed except when (a) the past conduct of the applicant affords reasonable grounds to believe that he or she will not carry out his or her functions as a trained service technician in accordance with law and with integrity and honesty; or (b) the applicant is carrying on activities that are, or will be if the person is certified, in contravention of the Act or this regulation. 20(2) A person may apply for certification by filing an application with the minister and paying a fee of $25. 20(3) The minister shall assign a certification number to a person certified under subsection (1). 20(4) A certification issued under this section expires on June 1 of the year following the year in which the certification was issued and may be renewed, on application to the minister, prior to but not earlier than 30 days before the expiry of the existing certification. 20(5) An application for renewal of a certification must be accompanied by a renewal fee of $25. 20(6) Subject to section 21, the minister may refuse to grant a certification if he or she is of the opinion that the applicant is disentitled under subsection (1). 20(7) The minister may, before granting a renewal of a certification, require the applicant to satisfy the minister that the applicant continues to be qualified in the proper repair, recovery and recycling procedures for sealed systems, including the recovery of Class 1, 2 and 3 substances. 20(7.1) Without limiting the generality of subsection (7), a person who formerly held a trained service technician certificate that expired without being renewed must, if he or she wishes to be certified again, apply for a new certificate and satisfy all the requirements of subsections (1) and (2). 20(8) Subject to section 21, the minister may suspend, cancel or refuse to renew a certification for any reason that would disentitle the person to certification under subsection (1). 20(9) If the minister suspends, cancels or refuses to renew a certification, the holder of the certificate shall return it to the minister along with any other documentation that has been issued by or on behalf of the minister for the purposes of identifying that person as a trained service technician. 20(10) [Repealed] M.R. 178/2005 M.R. 178/2005 Notice of proposal to refuse, suspend or cancel 21(1) If the minister proposes to refuse to grant or renew a certification or proposes to suspend or cancel a certification, he or she shall give notice of the proposal, together with the reasons for it, to the applicant or the technician stating that he or she may respond to the proposal in writing to the minister within 21 days after the notice is received. 21(2) If an applicant or technician does not respond to the notice, the minister may carry out the proposal. 21(3) If an applicant or technician responds to the notice, the minister shall consider the response without delay and may (a) when the proposal concerns the granting or renewal of a certification, grant the certification or renewal if the minister is satisfied that the applicant or technician meets the requirements for certification or renewal; (b) when the proposal concerns suspension or cancellation of a certification, refrain from carrying out the proposal if the minister is satisfied that he or she is not entitled to do so under subsection 20(8); or (c) carry out the proposal, if the minister is satisfied that he or she is entitled to do so under subsection 20(6) or (8). 21(4) A notice of proposal under this section is sufficiently given to an applicant or a technician if it is personally served or if it is sent by registered mail to the last address of the applicant or technician known to the minister, in which case it is deemed to have been received by the applicant or techncian five days after it is mailed. M.R. 178/2005 Permits for secondary distributors 22(1) The minister may, upon application, issue a secondary distributor permit to a person who is not a manufacturer of a Class 1, 2 or 3 substance or a trained service technician and who (a) imports into the province; or (b) purchases in the province; a Class 1, 2 or 3 substance or equipment, other than a white good, that contains a Class 1, 2 or 3 substance. 22(2) A person may apply for a secondary distributor permit by filing an application with the minister and paying a fee of $50. 22(3) The minister shall assign a secondary distributor permit number to a person issued a permit under subsection (1). 22(4) A secondary distributor permit expires on December 31 of the year for which it is issued and may be renewed, on application to the minister, prior to but not earlier than 30 days before the expiry of the existing permit. 22(5) An application for renewal of a secondary distributor permit must be accompanied by a renewal fee of $50. 22(6) Subject to section 23, the minister may refuse to issue or may suspend or cancel a secondary distributor permit if the applicant or the holder of the permit has contravened the Act or this regulation. 22(7) Subject to section 23, the minister may refuse to renew a secondary distributor permit if the holder of the permit has contravened the Act or this regulation or no longer meets the requirements for a permit set out in subsection (1). 22(8) If the minister suspends, cancels or refuses to renew a secondary distributor permit, the holder of the permit shall return it to the minister along with any other documentation that has been issued by or on behalf of the minister for the purposes of identifying that person as a secondary distributor. M.R. 178/2005 Notice of proposal to refuse, suspend or cancel 23 The provisions of section 21 apply to the refusal to issue or renew a secondary distributor permit and to the suspension or cancellation of a secondary distributor permit, with necessary modifications. MISCELLANEOUS PROVISIONS Reporting a release of a Class 1, 2 or 3 substance 24 A person who owns, operates, services, installs, repairs or does any other work on equipment from which there has been a release, whether accidental or not, of more than 10 kilograms of a Class 1, 2 or 3 substance into the environment shall immediately after the release report it to an environment officer, and shall provide an environment officer with all information regarding the release that is requested by an environment officer. M.R. 128/95; 178/2005 Labelling of equipment 25(1) No person shall sell or offer for sale new air conditioning, refrigeration or fire extinguishing equipment unless the equipment displays a prominent and permanent label that identifies any Class 1, 2 or 3 substance that is contained in the equipment. 25(2) A person who recharges equipment that is labelled in accordance with subsection (1) with a Class 1, 2 or 3 substance shall affix to the equipment a new label that sets out (a) the type and amount of the Class 1, 2 or 3 substance used to recharge the unit; (b) the date of the recharging; and (c) the name of the person or, in the case of a business, the name of the business, that performed the service, and the certificate number of the trained service technician who recharged the equipment. M.R. 178/2005 Responsibility of employers and contractors 26(1) In this section, "contractor" means a person engaged in the business of installing, repairing or servicing air conditioning, refrigeration, fire extinguishing or other equipment that contains a Class 1, 2 or 3 substance. 26(2) Every employer and every contractor shall require an employee or independent contractor engaged by him or her to comply with this regulation if the person, while acting in the course of employment or the performance of the contract, (a) makes or uses a Class 1, 2 or 3 substance or a thing or product that contains, or for its use or operation requires a Class 1, 2 or 3 substance; or (b) installs, services or repairs air conditioning, refrigeration, fire extinguishing or other equipment that contains, uses or operates with a Class 1, 2 or 3 substance, or does any other work on such equipment that may result in the release of a Class 1, 2 or 3 substance. 26(3) Every employer and every contractor shall require an employee or independent contractor engaged by him or her and who, while acting in the course of the employment or the performance of the contract, as the case may be, installs, services or repairs air conditioning, refrigeration, fire extinguishing or other equipment that contains a Class 1, 2 or 3 substance, or does any other work on such equipment that may result in the release of a Class 1, 2 or 3 substance, to be a trained service technician. M.R. 178/2005 27 [Repealed] M.R. 178/2005 Administrative assistance 28(1) The minister may appoint a not-for-profit organization concerned with Class 1, 2 and 3 substances to provide assistance in the administration of this regulation. 28(2) An appointment under this section shall specify the types of assistance to be provided and may be made subject to any terms and conditions the minister considers appropriate. 28(3) An appointment may permit the organization to receive, on the minister's behalf, the summaries referred to in subsection 8(4), reports referred to in subsections 8(5) and (6) and records referred to in clause 19(3)⁠(b). In that event, a person required to provide a summary, report or record under any of those provisions shall provide it to the organization rather than to the minister. 28(4) An appointment may permit the organization appointed to retain the amount of fees prescribed in sections 13.2, 13.3, 15.4, 20 and 22. M.R. 178/2005 Permission for unauthorized release or use 29(1) Notwithstanding any other provision of this regulation, the minister may, upon written application, permit (a) the release of a Class 1, 2 or 3 substance as described in section 5; (a.1) the use of a Class 1 substance in air conditioning or refrigeration equipment if it is necessary to operate the equipment in an emergency;

or (b) the use of a Class 1 substance to dissolve another substance for cleaning purposes where prohibited under section 10. 29(2) Permission may be given under subsection (1) subject to any terms and conditions that the minister considers appropriate. M.R. 178/2005 Repeal 30 The Ozone Depleting Substances Regulation , Manitoba Regulation 15/92, is repealed. SCHEDULE OZONE DEPLETING SUBSTANCES AND REPLACEMENT PRODUCTS CLASS 1 CHLOROFLUOROCARBONS (CFCs) The following substances, whether existing alone or in a mixture and including isomers of any of them, are prescribed: CFC-11 trichlorofluoromethane CFC-12 dichlorodifluoromethane CFC-13 chlorotrifluoromethane CFC-111 pentachlorofluoroethane CFC-112 tetrachlorodifluoroethane CFC-113 trichlorotrifluoroethane CFC-114 dichlorotetrafluoroethane CFC-115 chloropentafluoroethane CFC-211 heptachlorofluoropropane CFC-212 hexachlorodifluoropropane CFC-213 pentachlorotrifluoropropane CFC-214 tetrachlorotetrafluoropropane CFC-215 trichloropentafluoropropane CFC-216 dichlorohexafluoropropane CFC-217 chloroheptafluoropropane