Requirements Concerning the Importation and Exportation of Ozone-depleting Substances and Products
Ottawa, January 14, 2011
This memorandum provides guidelines concerning the importation and exportation of ozone-depleting substances (ODS), products containing ODS and products designed to contain ODS. It relates directly to the supportive role the Canada Border Services Agency (CBSA) plays in assisting Environment Canada in administering the Canadian Environment Protection Act, 1999 and the Ozone-depleting Substances Regulations, 1998 (SOR/99-7, as amended, SOR/2000-102, SOR/2001-2, SOR/2002-100, SOR/2004-315 and SOR/2007-129).
Paragraph 5(1) and 5(2) of the Canada Border Services Agency Act state:
5. (1) The Agency is responsible for providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation, by:
(a) supporting the administration or enforcement, or both, as the case may be, of the program legislation;
(b) implementing agreements between the Government of Canada or the Agency and a foreign state or a public body performing a function of government in a foreign state to carry out an activity, provide a service or administer a tax or program;
(c) implementing agreements between the Government of Canada or the Agency and the government of a province or other public body performing a function of the Government in Canada to carry out an activity, provide a service or administer a tax or program;
(d) implementing agreements or arrangements between the Agency and departments or agencies of the Government of Canada to carry out an activity, provide a service or administer a program; and
(e) providing cooperation and support, including advice and information, to other departments and agencies of the Government of Canada to assist them in developing, evaluating and implementing policies and decisions in relation to program legislation for which they have responsibility.
(2) The Agency may provide support, through the provision of services, to departments and agencies for which the Minister is responsible, in accordance with agreements or arrangements entered into with those departments and agencies.
Sections 12, 95, 99, 101, and 107 of the Customs Act state:
12. (1) Subject to this section, all goods that are imported shall, except in such circumstances and subject to such conditions as may be prescribed, be reported at the nearest customs office designated for that purpose that is open for business.
95. (1) Subject to paragraph (2)(a), all goods that are exported shall be reported at such time and place and in such manner as may be prescribed.
(2) The Governor in Council may prescribe
(a) the classes of goods that are exempted from the requirements of subsection (1) and the circumstances in which any of those classes of goods are not so exempted; and
(b) the classes of persons who are required to report goods under subsection (1) and the circumstances in which they are so required.
(3) Every person reporting goods under subsection (1) shall
(a) answer truthfully any question asked by an officer with respect to the goods; and
(b) where an officer so requests, present the goods to the officer, remove any covering from the goods, unload any conveyance or open any part thereof, or open or unpack any package or container that the officer wishes to examine.
(4) If goods are required to be reported in writing, they shall be reported in the prescribed form containing the prescribed information or in such form containing such information as is satisfactory to the Minister.
Examination of Goods
99. (1) An officer may
(a) at any time up to the time of release, examine any goods that have been imported and open or cause to be opened any package or container of imported goods and take samples of imported goods in reasonable amounts;
(c) at any time up to the time of exportation, examine any goods that have been reported under section 95 and open or cause to be opened any package or container of such goods and take samples of such goods in reasonable amounts;
(e) where the officer suspects on reasonable grounds that this Act or the regulations or any other Act of Parliament administered or enforced by him or any regulations thereunder have been or might be contravened in respect of any goods, examine the goods and open or cause to be opened any package or container thereof;
Detention of Controlled Goods
101. Goods that have been imported or are about to be exported may be detained by an officer until he is satisfied that the goods have been dealt with in accordance with this Act, and any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, and any regulations made thereunder.
Provision of Information to Certain Persons
107. (5) An official may provide, allow to be provided or provide access to customs information to the following persons:
(a) a peace officer having jurisdiction to investigate an alleged offence under any Act of Parliament or of the legislature of a province subject to prosecution by indictment, the Attorney General of Canada and the Attorney General of the province in which proceedings in respect of the alleged offence may be taken, if that official believes on reasonable grounds that the information relates to the alleged offence and will be used in the investigation or prosecution of the alleged offence, solely for those purposes;
(b) a person that is otherwise legally entitled to the information by reason of an Act of Parliament, solely for the purposes for which that person is entitled to the information;
(c) an official solely for the purposes of developing, administering or enforcing an Act of Parliament or developing or implementing a policy related to an Act of Parliament if the information relates to
(i) goods, the importation, exportation or in-transit movement of which is or may be prohibited, controlled or regulated under that Act,
(ii) a person who that official has reasonable grounds to believe may have committed an offence under that Act in respect of goods imported or exported by that person, or
(iii) goods that may be evidence of an offence under that Act
Paragraph 5(1) of the Reporting of Exported Goods Regulations states:
5. (1) If goods that are exported are restricted goods, the exporter of the goods shall, in addition to making the report referred to in section 3 or 4, as applicable, provide evidence that the exportation of the goods complies with the Act of Parliament under which the exportation of the goods is restricted.
Subsection 17(3) of the Ozone-depleting Substances Regulations, 1998 (ODSR 1998) states that:
Every person who imports or exports a controlled substance during any year shall provide to the customs office where the substance is required to be reported under section 12 or 95 of the Customs Act a copy of their permit, the Minister's written confirmation of their consumption allowance or an acknowledgement of their notice of shipment in transit.
1. The following are not definitions from the Regulations but are to be used as a guide in the application of this memorandum:
Appendix A contains a complete listing of controlled substances. Appendix B provides their common/trade names.
2. Generally, the importation and exportation of ODS is prohibited except in controlled and exempted cases.
3. Importation is permitted only on the condition that a valid permit or a valid allowance (please refer to Appendix G to see a sample of a permit or allowance) from Environment Canada is presented to the CBSA where the goods are being released. Please refer to the Appendix A for the list of controlled ODS and to Appendix B for the list of common/trade names of ODS. The following importations are controlled (written authorization required):
4. Importation of following ODS and products containing ODS is exempted:
5. Under the ODSR 1998, there are a lot less restrictions on the exportation of ozone-depleting substances as compared to the importation. The country receiving a shipment of ozone-depleting substances can prescribe its own restrictions through its domestic legislation, as Canada does under the ODSR 1998.
6. As a consequence, products that contain or are designed to contain ODS are not controlled in Canada except those subject to Section 21 of the ODSR 1998.
7. Please find below the controlled exportations and the exempted exportations under the ODSR 1998.
8. Exportation is permitted only on the condition that a valid permit from Environment Canada is presented to the CBSA. The exportation of following ODS and products containing ODS is controlled:
9. Written authorization is not required; the exportation of following ODS and products containing ODS is exempted:
10. Every importer and exporter of controlled substances is required to keep records and to report to the Minister of the Environment as specified in the Ozone-depleting Substances Regulations, 1998. The Canada Border Services Agency does not maintain these records. Memorandum D17-1-21 outlines the maintenance of records and books in Canada by importers.
11. For all shipments of controlled ODS and products containing ODS that are imported, exported or that transit through Canada, the importer, customs broker or carrier must present the CBSA office with one of the required documents such as: a copy of the permit or Minister's written confirmation of their consumption allowance or an acknowledgement of their notice of shipment in transit.
12. Shipments containing regulated ODS imported, exported or in transit through Canada will not be allowed to proceed until the required document is presented to the CBSA office. For all in-transit movements of the ODS, documentation will be verified by border services officers when the shipments of ODS enter Canada.
13. If prescribed documentation has not been presented to the CBSA with the release request, a penalty may be issued by the CBSA for not providing required permit or information before the goods are released. More information concerning Administrative Monetary Penalty System (AMPS) can be found on the CBSA Web site at www.cbsa.gc.ca under the Facilitating Trade section, or by consulting the Memorandum D22-1-1, Administrative Monetary Penalty System.
14. You may access the directory of CBSA offices across Canada at the CBSA Web site at www.cbsa.gc.ca. Further information concerning the release of commercial goods can be found in the Memorandum D17-1-4, Release of Commercial Goods posted on the CBSA Web site under Publications and Forms. Please refer to the Reporting of Exported Goods Regulations for specific time frames for reporting at the CBSA export reporting offices.
15. The Canada Border Services Agency will request the prescribed document (a copy of the permit or written confirmation of the consumption allowance or an acknowledgement of the notice of shipment in transit) prior to releasing the goods and will also ensure that:
16. Appendix G displays samples required documents.
17. If a border services officer suspects that a shipment is in violation of the Ozone-depleting Substances Regulations, 1998, the shipment will be detained and the nearest Environment Canada regional office (outlined in Appendix F) should be contacted immediately. An Environment Canada enforcement officer will verbally advise a border services officer of the appropriate action to take and will follow-up as soon as reasonably possible with written confirmation.
18. Where an Environment Canada enforcement officer, at the time of the inspection deems it necessary to obtain copies of other related documents relevant to the shipment in order to verify compliance with the Ozone-depleting Substances Regulations, 1998, the CBSA, upon review of each request, may authorize, under section 107 of the Customs Act, the disclosure of requested information to Environment Canada.
19. Environment Canada authorizes importers and exporters to import or export ODS and products containing ODS by issuing a permit to import or permit to export and/or by issuing an allowance (for HCFCs only).
20. Any questions with reference to permits or allowances should be referred to the nearest Environment Canada regional office or to the Chemical Production Division of Environment Canada indicated in Appendix F of this memorandum.
21. Should a CBSA officer suspect a violation of the Ozone-depleting Substances Regulations, 1998, the shipment is to be detained and the nearest Environment Canada regional or district office (outlined in Appendix F) contacted immediately. An Environment Canada enforcement officer will advise border services officers of the appropriate action to be taken, with any verbal instructions being followed immediately by a written confirmation.
22. Environment Canada will advise the CBSA office of the action to be taken on detained shipments within two hours of being notified of a specific detention. If an Environment Canada enforcement officer fails to advise the CBSA office of the appropriate action to be taken, the matter should be referred to the CBSA, Other Government Department Programs Unit of the Commercial Border Programs Division, in Ottawa at 613-946-0240.
23. Where an Environment Canada enforcement officer authorizes release of a detained shipment by telephone, border services officers will record the name, title and telephone number of this enforcement officer on the CBSA office copy of the release package/accounting document or cargo report and will request written confirmation by mail or fax from Environment Canada.
24. When detention of a suspect shipment beyond the two-hour time limit is deemed necessary by the Environment Canada enforcement officer, the enforcement officer will take the necessary action, so that the detained shipment will be removed from CBSA's premises as soon as possible within 24 hours, or such other period of time as agreed to by the CBSA and the enforcement officer.
25. The Environment Canada enforcement officer will be responsible for advising the CBSA office and the importer/owner or their customs broker as to the further disposition of the shipment.
26. Environment Canada will be responsible for the disposal of shipments detained by the Canada Border Services Agency on its behalf.
27. The Canadian Environmental Protection Act, 1999 outlines penalties for non-compliance. Any person who contravenes or fails to comply with Regulations made under the Act is guilty of an offence and is liable as follows:
28. The courts issue the penalty as well as assess the amount of penalty in accordance with the penalties specified in the Canadian Environmental Protection Act, 1999.
29. The Administrative Monetary Penalty System (AMPS) authorizes the CBSA to impose monetary penalties for noncompliance with Customs Act, Customs Tariff and the regulations under these Acts, as well as contraventions of the terms and conditions of licensing agreements and undertakings. Please refer to the Memorandum D22-1-1 Administrative Monetary Penalty System for details.
30. Addresses and telephone numbers for the regional offices of Environment Canada can be found in Appendix F.
31. Questions concerning administration of this program by the CBSA should be directed to:
Canada Border Services Agency
Commercial Border Programs Division
150 Isabella Street, 5th floor
32. The CBSA Border Information Service (BIS) line responds to public inquiries related to import requirements of other government departments, including Environment Canada. For more information within Canada, call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064; long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time, except holidays). TTY is also available within Canada: 1-866-335-3237.
|Common/Trade Names||Controlled Substance|
|A D Delco Fabric||MCF|
|Aerothene ( R) TA solvent||MCF|
|Aerothene ( R) TT solvent||MCF|
|Ardrox 8PR551 Penetrant Remover||MCF|
|Ardrox D495A Developer||MCF|
|Ardrox K410C Remover||MCF|
|Arrow C190 LEC||MCF|
|Autofrost Chill It||HCFCs|
|B-70 Nettoyeur dégraisseur||MCF|
|BCF Fire Extinguisher Halon||Halon 1211|
|Carbon dichloride difluoride||CFC-12|
|Carbon monobromide trifluroride||Halon 1301|
|Carbon Tetrachloride Fisher||CT|
|Carbon Tetrachloride Petro-Canada||CT|
|Carbon Tetrachloride Vulcan||CT|
|CB-046 mold releasing agent||HCFC-141b|
|CG Triethane F||MCF|
|CG Triethane N||MCF|
|CG Triethane NN||MCF|
|CG Triethane NNA||MCF|
|CG Triflon A||CFC-113|
|CG Triflon C1||CFC-113|
|CG Triflon CP||CFC-113|
|CG Triflon D3||CFC-113|
|CG Triflon DI||CFC-113|
|CG Triflon E||CFC-113|
|CG Triflon EC||CFC-113|
|CG Triflon EE||CFC-113|
|CG Triflon ES||CFC-113|
|CG Triflon FD||CFC-113|
|CG Triflon M||CFC-113|
|CG Triflon MES||CFC-113|
|CG Triflon P||CFC-113|
|CG Triflon WI||CFC-113|
|Chlorethene (R) NU||MCF|
|Chlorethene (R) SL||MCF|
|Chlorethene (R) SM||MCF|
|Chlorethene (R) VG||MCF|
|Chlorethene (R) XL||MCF|
|Chlorure de carbone||CT|
|Circuit Refrigerant PH100-14||CFC-12|
|Circuit Refrigerant PH100-20||CFC-12|
|CRC Lectra Clean||MCF|
|Dowclene (R) EC||MCF|
|Dowclene (R) EC-S||MCF|
|Dowclene (R) LS||MCF|
|Dry Cleaning Fluid||MCF|
|Dry Cleaning Solvent||MCF|
|Film Cleaning Grade||MCF|
|Fire Extinguisher Flugex 12B1||Halon 1211|
|Flon Showa 11||CFC-11|
|Flon Showa 114||CFC-114|
|Flon Showa 12||CFC-12|
|Flon Showa 13||CFC-13|
|Flon Showa 22||HCFC-22|
|Flon Showa 500||CFC-12|
|Flon Showa 502||CFC-115|
|Flon Showa FS-3||CFC-113|
|Flon Showa FS-3A||CFC-113|
|Flon Showa FS-3D||CFC-113|
|Flon Showa FS-3E||CFC-113|
|Flon Showa FS-3ES||CFC-113|
|Flon Showa FS-3M||CFC-113|
|Flon Showa FS-3MS||CFC-113|
|Flon Showa FS-3P||CFC-113|
|Flon Showa FS-3W||CFC-113|
|Forane FX 10||HCFC-22|
|Forane FX 20||HCFC-22|
|Forane FX 55||HCFC-22|
|Forane FX 56||HCFC-22|
|Forane FX 57||HCFC-22|
|Freon TMS solvents||CFC-113|
|Freon TWD 602||CFC-113|
|Frigen TR 113||CFC-113|
|Fronsolve R 113||CFC-113|
|G Triflon E35||CFC-113|
|Halocarbon 12B1||Halon 1211|
|Halocarbon 13B1||Halon 1301|
|Halon 1211||Halon 1211|
|Halon 1301||Halon 1301|
|Halotron 1 Primarily||HCFC-123|
|Helmitin Solvant C678||MCF|
|HyperClean Circuit Cleaner||HCFCs|
|K1144 Ultra Sol||MCF|
|K120 N.F.S. Solvant inflammable||MCF|
|K7 FC-700 nettoyeur pour tissus||MCF|
|Kaiser Chemical 12||CFC-12|
|Kodak Movie Film Cleaner||MCF|
|Krylon Dulling Spray||MCF|
|Laser Dry Spot Liquid Buffer||MCF|
|Loctite Safety Solvent||MCF|
|Methyl Chloroform Technical||MCF|
|Methyl Chloroform Low Stabilized||MCF|
|Minus 62 Instant Chiller # 1669-16S||CFC-12|
|Molecular N.F. Cleaner/Degreaser||MCF|
|Molybkombin UMFT4 Spray||MCF|
|MS-170 1,1,1-Trichloroethane Solv.||MCF|
|MS-180 NR.226 Electro Contact||CFC-113|
|Nettoyeur à contact NR226||CFC-113|
|Nettoyeur à tissus||MCF|
|Nettoyeur contact # 1328 Krylon||MCF|
|Nettoyeur H et M||MCF|
|New Dine T||MCF|
|Niax Blowing Agent 12||CFC-12|
|Nicer'n ice 99900403||CFC-12|
|Nicrobraz Cement xxx||MCF|
|Nilos Solution xxx xx||MCF|
|Norchem xx xxx xxx||MCF|
|Polioi Poliuretano ICI||HCFC-141b|
|Precision Duster Non-Liquid||CFC-12|
|Quick Freeze Shandon||CFC-12|
|R-114B2 (1 and 2)||CFC-114|
|RCRA Waste Number 226||MCF|
|Roberts 931 Seaming Adhesive||MCF|
|Rolyen Cold Spray||CFC-12|
|Rust Inhibitor B007||MCF|
|Safety Solvent 8060||MCF|
|Safety Solvent (Aerosol) 75-563||MCF|
|Safety Solvent (Aerosol) 755-59||MCF|
|Safety Solvent 755-71||MCF|
|Safety Solvent 75563||MCF|
|Solkane 141b DH||HCFC-141b|
|Solkane 141b MA||HCFC-141b|
|Solkane 141b WE||HCFC-141b|
|Solkane 22 / 142b||HCFCs|
|Sonic Solve xxx||MCF|
|Tetrachlorure de carbon||CT|
|Tetrachlorure de carbone ACS||CT|
|Three Bond 1802||MCF|
|Three Bond xxx||MCF|
|Wax solvent 83||MCF|
|Wei T'o cleaning solution||HCFC-141b|
|Wei T'o liquefied (22) gas deacidification solution||HCFC-22|
|Wei T'o soft spray||HCFC-141b|
|Wei T'o solution #2||HCFC-141b|
(as of May 19, 2010)
For updates, please refer to the United Nations Environment Program Web site at the following link: http://ozone.unep.org.
(as of September 23, 2009)
For updates, please refer to the United Nations Environment Program Web site at the following link : http://ozone.unep.org.
Aerosol spray cans containing:
1. Some products in an aerosol spray can might use CFCs or HCFCs as a propellant or as a slurrying agent, e.g., deodorants, hair sprays, party string, and antiperspirants.
2. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)] or 2 kg or less of any HCFC [ODSR 1998, subsection 23(1)].
Automotive air conditioning refill kits containing:
3. These kits might include small containers of refrigerants used to recharge automobile air-conditioning units and contain about 340 grams of CFC-12. They are sold to auto dealers, repair shops and, through retail outlets, to the public.
4. It is prohibited to import: pressurized containers containing any new CFC [ODSR 1998, subsection 18(1)].
5. Pressurized containers where the CFC is a recovered CFC that are sold to be recycled or reclaimed and that will be used as a refrigerant are not controlled [ODSR 1998, Subsection 20(6)b)].
6. Pressurized containers where the CFC is in any of the following mixtures: refrigerant 500, refrigerant 501, refrigerant 502 or refrigerant 504 are not controlled [ODSR 1998, Subsection 20(6)a)].
Cooling sprays containing:
7. Cooling sprays provide a freezing spray of gas and are sold in aerosol cans. Cooling sprays provide a clean, portable, and compact source of temporary cooling. They are used in the electronics industry, the research field, and in the assembly of shrink fit machine parts. Cooling sprays are sold through electrical, electronic, and scientific supply companies.
8. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)] or 2 kg or less of any HCFC [ODSR 1998, subsection 23(1)].
Dust-off sprays containing:
9. Dust-off sprays provide a gentle stream of gas to blow dust and other contaminants off fragile surfaces, such as optical lenses, mirrors, film negatives, polished metal surfaces, art work and electrical and electronic components. Dust-off sprays, sold in standard aerosol spray cans, have many uses and are usually sold through:
10. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)]; or 2 kg or less of any HCFC [ODSR 1998, subsection 23(1)]
Lubricant, coating or cleaning solvents for electrical or electronic equipment containing:
11. CFCs were used extensively in the electronics industry as a cleaning solvent. HCFCs replaced them. They are sometimes packaged in pressurized aerosol spray cans and sold as a cleaner for electrical and electronic equipment, audio and visual service, and optical devices.
12. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)]; or 2 kg or less of any HCFC [ODSR 1998, subsection 23(1)].
Lubricants in mining operations containing:
13. Lubricants have been developed to safeguard open gears, cables, and wire ropes on large machinery for use in mining operations. CFC or HCFC propellants are used in this application because they are non-flammable and the CFCs or HCFCs are generally recognized to be non-toxic for humans but are toxic for the environment.
14. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)]; or 2 kg or less of any HCFC [ODSR 1998, subsection 23(1)].
Mold release agents containing:
15. Mold release agents are lubricants that are applied to the surface of molds before injection of plastic or elastomeric material. Mold release agents are packaged in aerosol spray cans. This product is a specialty item sold primarily to commercial users.
16. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)].
17. This type of spray can be imported in pressurized containers containing: any HCFC [ODSR 1998, paragraph 23(3)(a)].
Pest control products containing:
18. The import is prohibited unless it contains methyl bromide. In this case the importer must have an import permit for critical use, quarantine application, pre-shipment application or emergency use.
Plastic foams, including rigid foams (e.g., foam insulation) and flexible foams (e.g., carpet underpadding)]
19. This type of products cannot be imported if containing any CFC [ODSR 1998, subsection 18(1)]; or any HCFC in flexible foam [ODSR 1998, subsection 24(1)].
20. This type of products can be imported in pressurized containers containing any HCFC in rigid foam other than HCFC-22, HCFC-141b and HCFC-142b [ODSR 1998, paragraph 23(3)(f)].
"Polyol" (manufacture or importation) containing HCFC other than HCFC-22, HCFC-141b and HCFC142b – exempted
21. A polyol is a mixture of polyalcohol, which is one component of a two component system used to manufacture polyurethane foams in which HCFCs are used as foaming agents. The polyol mixture is considered a product containing or designed to contain ODS. This type of mixture is a polyurethane prepolymer.
22. The importation and manufacture of polyol containing an HCFC other than HCFC-22, HCFC-141b and HCFC-142b are not controlled in Canada. However, the importation of HCFC-141b, the only HCFC used in the manufacture of polyol, is prohibited for that purpose.
Protective sprays for documents containing:
23. Sometimes placing a photographic print or a film negative against a glass surface can produce a rainbow effect. To prevent this, the print or the negative is sprayed with a protective coating which separates the film from the glass just enough to prevent the effect. It provides a very fine and uniform aerosol and it does not react with the photographic emulsion.
24. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)].
25. This type of spray can be imported in pressurized containers containing any HCFC [ODSR 1998, paragraph 23(3)(c)].
Refrigerant R-412A and refrigerant R-509A - exempted
26. The import of pressurized containers containing these two products is not controlled [ODSR 1998, paragraphs 23(3)(h) and 23(3)(i)].
Domestic and commercial refrigeration and air conditioning/heat pump equipment containing or designed to contain:
27. Used refrigeration equipment (for example refrigerators, freezers, dehumidifiers, water coolers, ice machines, air conditioning and heat pump units) may have a compressor containing CFCs. Even if the compressor has been emptied of the CFCs, the compressor is still designed to contain CFCs. Therefore, the importation of this equipment is prohibited [ODSR 1998, subsection 18(1)].
28. If the products contain or are designed to contain CFCs that are personal or household effects and are intended for the importer's personal use only, then their importation is allowed [ODSR 1998, subsection 20(3)].
Automobile and truck air conditioning units (whether or not incorporated in vehicles) containing or designed to contain CFCs - prohibited
29. Car compressors from used cars often contain CFCs. Even if the compressor has been emptied of the CFCs, the compressor is still designed to contain CFCs. Therefore, the importation of the equipment is prohibited [ODSR 1998, subsection 18(1)].
Signal horns containing:
30. Signal horns operate by using a pressurized gas. They are sold through safety supply companies for use by workers in hazardous locations such as isolated spaces, factory floors, and docking yards. Signal horns are also sold through boating supply companies as emergency boat or fog horns. Pocket-and purse-size devices are sold at the retail level as personal distress signals and for protection against threatening animals.
31. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)] or 2 kg or less of any HCFC [ODSR 1998, subsection 23(1)].
Spinnerette lubricant or cleaning spray containing:
32. A spinnerette is a special form of extrusion head for producing fibers.
33. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)].
34. This type of spray can be imported in pressurized containers containing any HCFC [ODSR 1998, paragraph 23(3)(b)].
Total flooding system containing:
35. A total flooding system releases an extinguishing agent (gas, foam) into a confined space to extinguish a fire within that space. This type of system is also designated as Total Flooding Extinguishing System or Total Flooding Fixed System. Total flooding systems are mainly used in computer room or where sensitive instruments are used.
36. The importation of a total flooding system, if it contains halons, is authorized only in cases where the equipment is to be used in aircraft or military ships or military vehicles. In such cases, the container serves not only to transport or store the controlled substance but is an integral part of its use, such that the entire system is considered a product containing or designed to contain ODS [ODSR 1998, paragraph 20(1)(b)].
37. Fire extinguishing systems containing HCFC for non-residential applications are exempted and can be imported [ODSR 1998, paragraph 23(3)(d)].
38. The import of fire extinguishing systems containing HCFC for residential applications is prohibited if they are pressurized containers that contain 2 kg or less of any HCFC [ODSR 1998, subsection 23(1)].
Wasp or hornet spray containing:
39. This type of spray cannot be imported in pressurized containers containing any CFC [ODSR 1998, subsection 18(1)].
40. This type of spray can be imported in pressurized containers containing any HCFC [ODSR 1998, paragraph 23(3)(e)]
|Issuing office||Other Government Department Programs Unit
Commercial Border Programs Division
Border Programs Directorate
|Legislative references||Canada Border Services Agency Act, Subsections 5(1) and 5 (2)
Customs Act, Sections 12, 95, 99,101 and 107
Canadian Environment Protection Act, 1999
Ozone Depleting Substances Regulations, 1998,
Subsection 17 (3)
Reporting of Exported Goods Regulations
|Other references||D17-1-4, D17-1-21; D22-1-1|
|Superseded memoranda D||D19-7-2, February 10, 2010|