The Ozone Depleting Substances Act

The Ozone Depleting Substances Act, C.C.S.M. c. O80 (Assented to February 13, 1990) bilingual version (HTML) Table of Contents Section 1 Objects 2 Definitions 3 Prohibition 4 Sales void 5 Appointment of environment officer 6 Crown bound 7 Offences 7.1 Presumption re labelling 8 Offences and penalties 9 Regulations 10 C.C.S.M. reference 11 Coming into force WHEREAS in Manitoba, as elsewhere, substances that deplete the ozone in the stratosphere are released into the atmosphere; AND WHEREAS it is recognized that the continued depletion of the ozone in the stratosphere will cause serious harm or injury to the residents of Manitoba and the natural environment of the province; AND WHEREAS it is acknowledged that preventing the release of ozone depleting substances into the atmosphere is essential if depletion of the ozone in the stratosphere is not to continue; AND WHEREAS it is further recognized that some substances or products used in place of ozone depleting substances could cause harm or injury to the residents of Manitoba and the natural environment of the province; NOW THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Objects 1 The objects of this Act are to prevent, reduce and eliminate, in Manitoba, (a) the release of ozone depleting substances into the atmosphere; and (b) any harm or injury that could be caused by substances or products that are made to be used, or are used, in place of ozone depleting substances. S.M. 1999, c. 15, s. 3 . Definitions 2(1) In this Act, "environment officer" means a person who is appointed as an environment officer under subsection 5(1); (« agent de l'environnement ») "make or use" means manufacture, offer for sale, sell, make, use, transfer, display, transport, store, recycle or dispose of; (« fabriquer ou utiliser ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "ozone depleting substance" means a substance or product that, after its release into the atmosphere, is capable, in combination with other substances or products of similar kind, of depleting the amount of ozone in the stratosphere and (a) includes a substance or product that is prescribed as an ozone depleting substance or that falls within a prescribed class or category of ozone depleting substances, (b) does not include an ozone depleting substance that is made or used as a prescription drug for medicinal purposes; (« substance appauvrissant la couche d'ozone ») "prescribed" means prescribed by regulation made under this Act. (Version anglaise seulement) Prescribing replacement products 2(2) A substance or product that is made to be used, or is used, (a) in place of an ozone depleting substance; or (b) in a manner in which an ozone depleting substance has been used; may be prescribed as a replacement product. Prescribed replacement product is deemed ozone depleting substance 2(3) For the purpose of this Act, a substance or product that is prescribed as a replacement product is deemed to be an ozone depleting substance. S.M. 1992, c. 58, s. 23 ; S.M. 1999, c. 15, s. 4 . Prohibition 3(1) No person shall make or use an ozone depleting substance or a thing or product that contains, or for its use or operation requires, an ozone depleting substance, except in accordance with this Act or the regulations. Application 3(2) Subsection (1) applies in respect of any substance or product that is an ozone depleting substance, including: (a) CFC-11, also known as fluorotrichloromethane; (b) CFC-12, also known as dichlorodifluoromethane; (c) CFC-113, also known as 1,1,2-trichloro-1,2,3-trifluoroethane; (d) CFC-114, also known as 1,2-dichloro-1,1,2,2-tetrafluoroethane; (e) CFC-115, also known as 1-chloro-1,1,2,2,2,-pentafluoroethane; (f) Halon-1211, also known as bromochlorodifluoromethane; (g) Halon-1301, also known as bromotrifluoromethane; (h) Halon-2402, also known as dibromotetrafluoromethane; (i) any packaging or wrapping or container that is made of material that contains ozone depleting substances; and (j) a substance or product prescribed by regulation. Non-application of prohibition 3(3) Subsection (1) does not apply in respect of a thing or product that contains, or for its use or operation requires, an ozone depleting substance where the thing or product, or a class of things or products to which class the thing or product belongs, is by regulation exempt from application of the subsection. S.M. 1999, c. 15, s. 5 . Sales void 4(1) Where a person, contrary to this Act or the regulations, sells a thing or product that contains, or for its use or operation requires use of, an ozone depleting substance, the sale is void. Purchaser not liable if product returned 4(2) Where a purchaser under subsection (1) returns the thing or product to the seller within 90 days of the date of purchase, the purchaser is not in breach of subsection 3(1) by reason of using the thing or product after the purchase and before returning it to the seller. Refund to purchaser by seller 4(3) Where a purchaser under subsection (1) returns a thing or product that is the subject of a void sale to the seller within the time period allowed under subsection (2), the seller shall refund the purchase price to the purchaser. Non-application of section 4 4(4) Subsection (1), (2) or (3) does not apply in respect of a thing or product that contains, or for its use or operation requires, an ozone depleting substance where the thing or product, or a class of things or products to which class the thing or product belongs, is by regulation exempt from application of the subsection. Appointment of environment officer 5(1) The minister may appoint persons to act as environment officers for the purposes of this Act. Powers of environment officer 5(2) For the purpose of enforcing and administering this Act, an environment officer may at any reasonable time and where requested, upon presentation of an identification card issued by the minister, (a) without a warrant, enter a building, vehicle or other place and make such inspections as are reasonably required to determine compliance with this Act or the regulations; (b) require the production of a document or other thing that the environment officer reasonably requires for the purpose of enforcing and administering this Act or the regulations; and (c) examine or make copies of a document obtained under clause (b). Entry by environment officer 5(3) Where a justice is satisfied by information on oath that there are reasonable grounds for believing that it is necessary for an environment officer to enter a building, vehicle or other place for the enforcement of this Act or the regulations and (a) there has been an unsuccessful attempt by an environment officer to effect an entry without the use of force; or (b) there are reasonable grounds for believing that entry would be denied without a warrant; the justice may, on application or, where necessary, on an ex parte application, issue an order authorizing an environment officer and such other persons as are named in the order, with such peace officers as are required to assist, to enter the building, vehicle or other place and to exercise the powers of an environment officer under subsection 5(2). Warrant to environment officer 5(4) Where a justice is satisfied by information on oath that there are reasonable and probable grounds for believing that there is to be found in a building, vehicle or other place in the province a document or other thing that affords evidence of a violation of this Act or the regulations, the justice may, on application or, where necessary, on an ex parte application, issue a warrant authorizing an environment officer and such other persons as are named in the order, with such peace officers as are required to assist, to enter and search the building, vehicle or other place for the document or thing and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law. Crown bound 6 The Crown is bound by this Act. Offences 7 Where a person (a) fails to provide a refund under subsection 4(3); (b) obstructs or attempts to obstruct an environment officer in the exercise of powers assigned to environment officers under this Act; or (c) contravenes any other provision of this Act or a provision of the regulations; the person is guilty of an offence under this Act. Presumption re labelling 7.1 In any prosecution for an offence under section 7, evidence that a container or equipment displayed a label or other mark indicating that it contained an ozone depleting substance is, in the absence of evidence to the contrary, proof that the container or equipment contained the substance identified on the label or mark. S.M. 2008, c. 42, s. 73 . Offences and penalties: persons 8(1) Where a person, other than a corporation, is guilty of an offence under section 7, the person is liable, (a) in the case of a first offence, to a fine not exceeding $50,000. or to imprisonment for a term not exceeding six months or to both; (b) in the case of a second or subsequent offence, to a fine not exceeding $100,000. or to imprisonment for a term not exceeding one year or to both; and for each day or part of a day that the offence continues after the day in respect of which the person is first charged with the offence, the person is liable to a fine not exceeding $1,000. Offences and penalties: corporations 8(2) Where a corporation is guilty of an offence under section 7, the corporation is liable, (a) in the case of a first offence, to a fine not exceeding $500,000.; (b) in the case of a second or subsequent offence, to a fine not exceeding $1,000,000.; and for each day or part of a day that the offence continues after the day in respect of which the corporation is first charged with the offence, the corporation is liable to a fine not exceeding $10,000. Other penalties 8(3) A judge may, in addition to a fine or other penalty under subsection (1) or (2), require a convicted person (a) to pay, as an additional fine, compensation for damages or to make restitution to a person who suffers loss or damage as a consequence of the commission of the offence, in such amount as the judge considers appropriate; (b) to pay, as an additional fine, an amount that represents the monetary benefit that is acquired by, or accrues to, the convicted person as a result of the commission of the offence. Regulations 9 The Lieutenant Governor in Council may make regulations (a) prescribing substances or products as ozone depleting substances; (a.1) for the purpose of subsection 2(2), prescribing substances or products as replacement products; (b) prescribing classes or categories of substances or products as classes or categories of ozone depleting substances; (b.1) for the purpose of subsection 2(2), prescribing classes or categories of substances or products as classes or categories of replacement products; (c) respecting the manufacture, storage and sale of industrial, commercial or consumer products that use or contain ozone depleting substances; (d) respecting the notification or labelling of substances or products that are, contain or require ozone depleting substances; (e) respecting the control of ozone depleting substance emissions; (f) respecting the certification of persons qualified to maintain, service or repair equipment or machinery that contains, uses or emits ozone depleting substances; (g) respecting the maintenance of records relating to the manufacture, storage, sale or use of ozone depleting substances; (h) prescribing, for purposes of exemptions under subsection 3(3) or 4(4), classes of things or products that contain, or for their use or operation require, an ozone depleting substance; (i) respecting the disposal of ozone depleting substances or of things or products that contain, or for their use or operation require, an ozone depleting substance; and (j) generally for carrying out the provisions of this Act. S.M. 1999, c. 15, s. 6 . C.C.S.M. reference 10 This Act may be referred to as chapter O80 of the Continuing Consolidation of the Statutes of Manitoba. Coming into force 11 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1989-90, c. 38 was proclaimed in force July 1, 1992.