Federal Halocarbon Regulations information

The Federal Halocarbon Regulations, 2022 (FHR 2022), made under the Canadian Environmental Protection Act, 1999 (CEPA), establish requirements to protect the earth’s ozone layer and climate by reducing and preventing emissions of ozone-depleting substances and of their halocarbon alternatives to the environment. Some of these substances have a global warming potential that is hundreds to thousands of times greater than that of carbon dioxide.

Scope of the Regulations (Section 2)

The Federal Halocarbon Regulations, 2022, apply to air-conditioning systems, refrigeration systems, solvent systems, fire-extinguishing systems and containers located in Canada that are:

• Owned by the Crown regardless of where the systems are located (i.e. federal departments, boards or agencies)
• Owned by a federal work or undertaking, including a railway, a port authority, an airport; a telecommunication company or a bank; or
• Located on indigenous lands, including systems owned by band councils or private businesses
• Located on federal lands, including private companies that own or operate systems located on such land.

Definition of a Federal Work or undertaking

CEPA defines a federal work or undertaking as any work or undertaking that is within the legislative authority of the Parliament of Canada, including, but not limited to:

1. a work or undertaking operated for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ships;
2. a railway, canal, telegraph or other work or undertaking connecting one province with another, or extending beyond the limits of a province;
3. a line of ships connecting a province with any other province, or extending beyond the limits of a province;
4. a ferry between any province and any other province or between any province and any country other than Canada;
5. airports, aircraft and commercial air services;
6. a broadcast undertaking;
7. a bank;
8. a work or undertaking that, although wholly situated within a province, is before or after its completion declared by Parliament to be for the general advantage of Canada or for the advantage of two or more provinces (eg., nuclear facilities, feed mills); and
9. a work or undertaking outside the exclusive legislative authority of the legislatures of the provinces.

Substances covered under the Regulations (Schedule 1)

List of Halocarbons

1. Tetrachloromethane (carbon tetrachloride)
2. 1,1,1-trichloroethane (methyl chloroform), except 1,1,2-trichloroethane
3. Chlorofluorocarbons (CFC)
4. Bromochlorodifluoromethane (Halon 1211)
5. Bromotrifluoromethane (Halon 1301)
6. Dibromotetrafluoroethane (Halon 2402)
7. Bromofluorocarbons except those set out in items 4 to 6
8. Bromochloromethane (Halon 1011)
9. Hydrobromofluorocarbons (HBFC)
10. Hydrochlorofluorocarbons (HCFC)
11. Hydrofluorocarbons (HFC)
12. Perfluorocarbons (PFC)

Main prohibitions and requirements

The FHR (2022):

• prohibit the release of halocarbons to the environment with some exceptions;
• set restrictions and requirements regarding the installation, operation and service of systems and containers containing or designed to contain halocarbons listed in schedule 1;
• set information requirements, such as the inventory of large systems and containers, activity logs and notices to be affixed to systems or containers that are permanently withdrawn from use; and
• set reporting obligations for releases of more than 10kg of halocarbon.

Retention of documents

A copy of all documents required under the FHR 2022 must be kept by the owner on site where the systems or containers are located, for a period of at least five years (Section 26).

If the systems or containers are located in a means of transportation, on a site where access is limited for at least four months per year or on a site where the owner or person responsible is not present regularly, a copy of the documents must be kept at the principal place of business in Canada of the owner.

Format of documents

Documents can be kept in an electronic format compatible with that used by the Minister (Subsection 26(3)), or in paper format.

Templates available on the Federal Halocarbon Regulations Information webpage have been prepared as a guide to help facilitate information collection and/or submission.

Documents can be submitted to the Minister of the Environment and Climate Change by e-mail or regular mail.

Become familiar with the Regulations

Find reliable and useful information on our website to help determine if the Regulations apply and how to comply with them:

• Full text of the regulations
• Canada gazette
• Templates for:
  • Charging report (Excel)
  • notice of permanent withdrawal from use (PDF),
  • Permit application forms
    • Request for Permit for Fire-Extinguishing System (PDF)
    • Request for Permit for Solvent System (PDF)
  • inventory of large systems or large containers (Excel)
  • activity logs (Excel),
  • release reports
    • for releases between 10 and 100 kg (Excel)
    • for releases of more than 100 kg (Excel),
• Factsheets to become more familiar with the requirements set out in the regulations:
  
  • Owner, responsible person and certified person
  • Inventory of large systems or large containers
  • Size-dependent obligations for systems or containers
  • Leaks and leak tests
  • Maintenance of systems and containers
  • Reporting a release of a halocarbon
  • Prohibitions and permits

The Federal Halocarbon Regulations 2022 (FHR 2022) establish requirements for refrigeration, air-conditioning, fire-extinguishing, and solvent systems and containers under federal jurisdiction.

The FRH 2022 prescribe various reporting, servicing and record-keeping requirements that are the responsibility of the owner of the system, the responsible person for the system or a certified person, depending on the requirement.

Owner

This term is not defined in the FHR 2022. Generally, it means a person that has the legal or rightful title to a system or a container. An owner under the FHR is responsible for making decisions concerning the procurement of the systems or containers, the permit applications under the regulations as necessary, record-keeping, reporting releases and ensuring environmentally sound disposal of systems or containers at the end of their useful life.

Responsible person

In respect of an air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container, means the person responsible for its service and operation.

Service is defined under the regulations as any work that is carried out on an air-conditioning system or refrigeration system, solvent system, fire-extinguishing system or container and that involves the components that contain or are designed to contain a halocarbon, such as the charging of a system or container with a halocarbon, the removal or reassembly of one or more components of the circuit containing a halocarbon or the detection and repair of leaks.

The responsible person may be a contractor hired by the owner.

The responsible person for the installation, service or recovery of halocarbons from an air-conditioning or refrigerant system must be a certified person.

Certified person

A certified person means a person who:

(a) holds a valid certificate recognized by at least one province indicating completion of an environmental awareness course in recycling, recovery and handling procedures in respect of halocarbon refrigerants; and

(b) is recognized by the Canadian Forces or under the laws of Canada or a province (or territory) as qualified to work on air-conditioning systems or refrigeration systems.

The certificate is not the same as a trade certification/qualification, nor is it intended to imply any trade qualification.

Air-Conditioning and Refrigeration Systems

The FHR 2022 stipulates that only a certified person may install or service an air-conditioning system or refrigeration system, or recover the halocarbon they contain.

Certification can be obtained via various organizations including:

• Heating, Refrigeration and Air-Conditioning Institute of Canada (HRAI)
• HRAI delivery partners
• Manitoba Ozone Protection Industry Association (MOPIA)
• Commission de la construction du Québec

Case examples of activities and responsibilities under the FHR 2022:

Example 1

A federal department has the legal right and title to a building and all associated systems (air-conditioning, refrigeration, fire-extinguishing and solvent systems), thus those systems are regulated under the FHR 2022. This federal department is therefore the “owner” of the systems. This federal department may sign a contract with a facility management company to operate and service the regulated systems under the FHR 2022. The person mandated by the facility management company to operate or service the systems is the “responsible person” for those systems pursuant to the FHR 2022. The service of the air-conditioning and refrigeration systems must be performed by a “certified person”. The certified person could be the same as the “responsible person” if that responsible person holds a valid certificate.

Example 2

A federal department leases office space in a building that includes air-conditioning, refrigeration, fire-extinguishing and solvent systems and containers. The building is not owned by the federal government or a federal work or undertaking, nor is it located on aboriginal land or federal land. These systems would not be regulated under the FHR 2022, but would be subject to applicable provincial or territorial regulations.

Example 3

A company owns a building and all its associated systems (air-conditioning, refrigeration, fire-extinguishing, solvent systems) and containers. The building is located on federal land. The systems are therefore regulated under the FHR 2022. This company is the “owner” of the systems. An employee of this company may be the “responsible person” to operate all the systems and possibly service them if he or she has the proper expertise and qualifications including a valid certificate as required by the FHR 2022 and thus, in that case, that employee would also be “certified person” as defined in the FHR 2022.

This factsheet outlines how the Federal Halocarbon Regulations, 2022 (FHR 2022) apply to refrigeration and air-conditioning service contractors who are responsible persons or certified persons as defined in the Regulations.

The FHR 2022 apply to air-conditioning systems, refrigeration systems, solvent systems, fire-extinguishing systems and containers in Canada that are:

• Owned by the Crown (i.e. federal departments, boards or agencies) regardless of their location;
• Owned by a federal work or undertaking, including a railway, a port authority, an airport, a telecommunication company or a bank;
• Located on Indigenous lands, including systems owned by band councils or private businesses; or
• Located on federal lands, including private companies that own or operate halocarbon systems located on such land.

Under the FHR 2022, you must not:

• Release, allow, or cause the release of halocarbons from systems, containers and from equipment used in the reuse, recycling, reclamation or storage of a halocarbon;
• Install or activate a system that contains or is designed to contain a halocarbon listed in items 1 to 9 of Schedule 1 of the FHR 2022;
• Operate a chiller containing halocarbons listed in items 1 to 9 of Schedule 1 of the FHR 2022;
• Install or operate a purge system, including any associated recovery equipment, unless the system emits less than 0.1 kg of halocarbon per kilogram of air purged into the environment;
• Charge a system or container with halocarbons for the purpose of leak testing the system or container;
• Charge a system or container with halocarbons without leak testing the system or container prior to charging;
• Charge a system with halocarbons listed in items 1 to 9 of Schedule 1 of the FHR 2022;
• Store or transport halocarbons unless it is in a container designed to be refilled and to contain that specific type of halocarbon.

For more information about prohibited activities, consult the “prohibition and permits” factsheet.

Substances covered under the Regulations (Schedule 1)

List of halocarbons

1. Tetrachloromethane (carbon tetrachloride)
2. 1,1,1-trichloroethane (methyl chloroform), except 1,1,2-trichloroethane
3. Chlorofluorocarbons (CFC)
4. Bromochlorodifluoromethane (Halon 1211)
5. Bromotrifluoromethane (Halon 1301)
6. Dibromotetrafluoroethane (Halon 2402)
7. Bromofluorocarbons, except those set out in items 4 to 6
8. Bromochloromethane (Halon 1011)
9. Hydrobromofluorocarbons (HBFC)
10. Hydrochlorofluorocarbons (HCFC)
11. Hydrofluorocarbons (HFC)
12. Perfluorocarbons (PFC)

Large and small systems and containers

Under the FHR 2022, large air conditioning, refrigeration systems, and containers refer to those containing or designed to contain more than 10 kg of halocarbon. Small air-conditioning, refrigeration systems, and containers refer to those containing or designed to contain 10 kg or less of halocarbon.

Activity log obligations

For large systems and containers, the responsible person must record information in an activity log each time the system or container is installed, serviced or permanently withdrawn from use, or ownership has been transferred.

Activities on small systems or small containers must be recorded in the activity log each time the system or container is serviced.

Service is defined as any work that is carried out on a system or a container and that involves the components that contain or are designed to contain a halocarbon, such as:

• The charging of a system or container with a halocarbon;
• The removal or reassembly of one or more components of the circuit containing a halocarbon; or
• The detection and repair of leaks.

For more information on the activity logs, consult the “maintenance of systems and containers” and “size-dependent obligations for systems and containers” factsheets.

Leak test requirements

A leak test is required before charging a system or container with a halocarbon.

In the case of large systems and containers, a leak test of the components containing halocarbons must be conducted at least once every calendar year and no more than 15 months since the previous leak test. For a large air conditioning or refrigeration system, the leak test must be conducted by a certified person. For a large container, the leak test must be conducted by a responsible person.

If a leak is detected in an air-conditioning or refrigeration system of any size, a certified person must, as soon as possible and no later than seven days after the leak is detected:

• Repair the leak;
• Isolate the leaking portion of the system and recover the halocarbon from that portion; or
• Recover the halocarbon from the system.

If a leak is detected in a container, the responsible person must repair the leak or recover the halocarbon from the container as soon as possible and no later than seven days after the leak is detected.

For more information on leak tests, consult the “leak and leak tests” fact sheet.

Permanently withdrawing from use

Before permanently withdrawing a system or container from use, all halocarbons must be recovered into a container designed to contain that specific type of halocarbon. A notice must be affixed to the system or container indicating, among other things, the type and quantity of halocarbon recovered from the system or container.

For more information concerning the permanent withdrawal from use, consult the “maintenance of systems and containers” factsheet and the “notice of permanent withdrawal from use”.

Recovery

All halocarbons that could potentially be released during the installation or servicing of a system or container must be recovered.

Only a purge system that emits less than 0.1 kg of halocarbon per kilogram of air purged to the environment can be installed or operated.

For more information on the activity log, consult the “maintenance of systems and containers” factsheet.

The Federal Halocarbon Regulations 2022 (FHR 2022) establish inventory requirements for large refrigeration systems, large air-conditioning systems, large fire-extinguishing systems and large solvent systems and large containers under federal jurisdiction.

Inventory of large systems and large containers

The FHR 2022, require the owner to establish and maintain an inventory of their large systems and/or large containers before May 20, 2023 (Section 22). The purpose is to facilitate tracking and maintenance of systems and containers as well as to simplify the onsite identification of halocarbon systems and containers for both owners and Environment and Climate Change Canada officials that administer the regulations.

Systems to be included in the inventory:

• Large air-conditioning and refrigeration system that consists of:
  • a single refrigerant circuit that contains or is designed to contain more than 10 kg of halocarbon; or
  • multiple refrigerant circuits one or more of which contains or is designed to contain more than 10 kg of halocarbon.
• Large fire-extinguishing system that contains or is designed to contain more than 10 kg of halocarbon, either fixed or portable.
• Large solvent system that contains or is designed to contain more than 10 kg of halocarbon
• Large container that contains or is designed to contain more than 10 kg of halocarbon

Information to be included in the Inventory of large systems and large containers

The inventory of large systems and containers must include the information set out in Part 4 of Schedule 2.

For each system or container that contains or is designed to contain more than 10 kg of halocarbon:

1. type of equipment (air-conditioning system, refrigeration system, fire-extinguishing system, solvent system or container)
2. name and address of the owner of system or container
3. name of the person responsible for system or container and their title or position
4. specific location of system or container
5. serial number or the unique identifier assigned by the owner of system or container
6. type of halocarbon contained in system or container
7. charging capacity in kilograms of system or container

Templates for the inventory of large systems and containers

The Federal Halocarbon Regulations 2022 (FHR 2022) establish requirements for refrigeration, air-conditioning, fire-extinguishing, and solvent systems and containers under federal jurisdiction.

Different obligations will depend on the size of the systems or containers.

Definition of a small refrigeration or small air-conditioning system

Under the FHR 2022, a small air-conditioning or refrigeration system is defined by its charge capacity.

A small air-conditioning system or a small refrigeration system, means a system that consists of a single refrigerant circuit that contains or is designed to contain 10 kilograms (kg) or less of halocarbon; or multiple refrigerant circuits each of which contains or is designed to contain 10 kg or less of halocarbon.

Definition of small fire-extinguishing or solvent systems or small containers

1. A small fire-extinguishing system contains or is designed to contain 10 kg or less of halocarbon;
2. A small solvent system contains or is designed to contain 10 kg or less of halocarbon; or,
3. A small container contains or is designed to contain 10 kg or less of halocarbon.

Comparison of obligations for small vs. large systems and containers

The FHR 2022, apply to all systems and containers regardless of their halocarbon charge. However, there are different obligations depending on the size of the system or container.

Obligation under the FHR 2022	Small systems and small containers (designed to contain 10 kg or less of halocarbon)	Large systems and large containers (designed to contain more than 10 kg of halocarbon)
Leak test must be performed once every calendar year and no more than 15 months since the previous leak test (Section 17)	No	Yes
Servicing activities, installation and permanent withdrawal from use must be recorded (Section 23)	Only activities that can lead to the release of halocarbon need to be recorded in the activity log when performed on small systems or containers	Yes
Systems and containers must be recorded in the inventory (Section 22)	No	Yes
When permanently withdrawing from use the halocarbon must be recovered (Section 16)	Yes, unless the system is being transferred to a new owner, it is in operating condition and its transfer will not result in the release of a halocarbon.	Yes

The Federal Halocarbon Regulations 2022 (FHR 2022) establish leak testing and reporting requirements for refrigeration, air-conditioning, fire-extinguishing, and solvent systems and containers under federal jurisdiction.

Frequency of leak tests

Under the FHR 2022, a leak test of its components that contain a halocarbon, must be conducted at least once every calendar year and no more than 15 months since the previous leak test by the certified person for a large refrigeration system or air-conditioning system, or by the responsible person for a large fire-extinguishing system or container (Section 17).

Example of compliant and non-compliant leak test intervals

one leak test every year on the same date

Date	Time interval	Compliance
January 1, 2022	12 months	Yes once every calendar year and no more than 15 months since the previous leak test
January 1, 2023

one leak test every calendar year

Date	Time interval	Compliance
January 1, 2022	1st interval = 13 months 2nd interval = 11 months	Yes once every calendar year and no more than 15 months since the previous leak test
February 1, 2023
January 1, 2024

one leak test every 15 months

Date	Time interval	Compliance
September 1, 2022	1st interval =15 months 2nd interval =  15 months	Yes once every calendar year and no more than 15 months since the previous leak test
December 1, 2023
March 1, 2025 (not compliant)		No does not meet requirement for every calendar year. Leak test should be performed no later than December 31, 2024 to comply.

Leak testing using a halocarbon is prohibited

The Regulations don’t allow to charge an air-conditioning, refrigeration or fire-extinguishing system or a container with a halocarbon for the purpose of leak testing. The only exception is if this is done for the purpose of calibrating leak-detecting devices with equipment designed specifically for that purpose and if the manufacturer’s recommended procedures are followed (Section 9)

Action to take when a leak is detected

As soon as practicable after a leak from an air-conditioning, refrigeration or fire-extinguishing system is detected, and in any case within seven days, the person (certified person or person working on a fire-extinguishing system) must repair the leak or isolate the leaking portion of the system and recover the halocarbon from that portion, or recover the halocarbon from the system (Section 18 and 19).

If a leak is detected from an air-conditioning, refrigeration or fire-extinguishing system and it is necessary to charge it with a halocarbon to prevent an immediate danger to the environment or to human life or health (Section 11), then the following needs to be done:

• the person who charged it must immediately notify the owner or person responsible for it; and
• the owner of the system must, within seven days after being notified, submit a report to the Minister containing the information set out in Part 1 of Schedule 2.

Information to provide when a system needs to be charge to prevent an immediate danger to the environment or to human life or health:

1. type of equipment (air-conditioning system, refrigeration system, or fire-extinguishing system)
2. name and address of the owner of system
3. name of the responsible person for system
4. specific location of system on the site
5. serial number or the unique identifier assigned by the owner of system
6. type of halocarbon contained in system
7. charging capacity in kilograms of system
8. date of the charge
9. quantity in kilograms of halocarbon charged into the system
10. nature of the immediate danger to the environment or human life or health
11. circumstances that justify the charge in order to prevent the immediate danger
12. date of repair of the leak or recovery of the remaining halocarbon

Template for the charging report

Case examples of activities that could require charging with a halocarbon to prevent an immediate danger to the environment or to human life or health under the FHR 2022:

Example 1

A fire-extinguishing system must be charged to ensure the immediate safety of occupants of a building, or

Example 2

An air-conditioning system must be charged to protect electronic systems from overheating, the failure of which could pose an immediate danger to the environment or to human life or health.

The Federal Halocarbon Regulations 2022 (FHR 2022) establish different maintenance requirements for refrigeration, air-conditioning, fire-extinguishing, and solvent systems and containers under federal jurisdiction.

Recovery of halocarbons

All halocarbons that could potentially be released during the installation or servicing of a system or container must be recovered.

With respect to fire-extinguishing systems, the equipment used to recover halocarbons must have a rated transfer efficiency of at least 99% (section 15).

Before permanently withdrawing from use a system or container, all halocarbons must be recovered and stored into a container designed to contain that specific type of halocarbon (Section 16). A notice must be affixed to a system or container that has been permanently withdrawn from use, indicating that all halocarbon where recovered (Paragraph 16(1)(b)).

Template for Notice of permanent withdrawal from use

This does not apply to a small air-conditioning system or refrigeration system being transferred to a new owner, that is in operating condition and for which the transfer will not result in the release of a halocarbon (Subsection 16(2)).

Specifically-designed containers

You must not store or transport a halocarbon unless it is in a container designed and manufactured to be refilled and to contain that specific type of halocarbon. This does not apply in respect of halocarbons that are used as laboratory analytical standards or laboratory reagents (Subsection 6(2)).

Activity log

For systems and containers containing more than 10 kilograms (kg) of halocarbon, you must record information in an activity log each time a system or container is installed, serviced or permanently withdrawn from use or ownership has been transferred. Service on small system or container should also be recorded in the activity log, only when this can lead to the release of a halocarbon (Section 23).

Service

Service is define as any work that is on an air-conditioning system, a refrigeration system, a solvent system, a fire-extinguishing system or a container and that involves the components that contain or are designed to contain a halocarbon, such as the charging of a system or container with a halocarbon, the removal or reassembly of one or more components of the halocarbon circuit or the detection and repair of leaks.

Template for Activity logs

Purge system

Only a purge system that emits less than 0.1 kg of halocarbons per kilogram of air purged to the environment can be installed or operated (Section 8).

Leaks and Leak tests

See leaks and leak tests factsheet

The Federal Halocarbon Regulations 2022 (FHR 2022) establish requirements for reporting releases of halocarbons from refrigeration, air-conditioning, fire-extinguishing, and solvent systems and containers under federal jurisdiction.

Report a release of a halocarbon

The FHR 2022 prohibit any release of halocarbon into the environment (Section 3). However, if a release occurs, it must be reported (Sections 24 and 25). There are two possible scenarios under which the release of a halocarbon needs to be reported:

1- For a halocarbon release of 100 kg or more (Section 24)

24-hour report

• When a release of 100 kilograms (kg) of halocarbon or more is detected, a report must be submitted by the owner, within 24-hours after the release is detected, to the Department of Environment and Climate Change in a verbal, paper or electronic format (Part 6 of Schedule 2).

Follow-up report within 30 days after the release

• A paper or electronic report containing the information set out in Part 7 of Schedule 2 must be submitted to the department of Environment and Climate Change within 30-days after the release of 100 kg of halocarbon or more is detected.

Release report template for releases of 100 kg or more (PDF)

2- For a halocarbon release of more than 10 kg but less than 100 kg (Section 25)

A report containing all releases of more than 10 kg but less than 100 kg of a halocarbon from a system or from a container must be submitted twice annually in paper or electronic format. The report must contain the information set out in Part 7 of Schedule 2 of the Regulations.

Timeline for reporting:

• By January 31 of each year (for releases detected during the period that begins on July 1 and ends on December 31 of the previous year); and,
• By July 31 of each year (for releases detected during the period that begins on January 1 and ends on June 30 of the same year).

Release report template for releases of more than 10 kg but less than 100 kg (PDF)

Pacific & Yukon Region

Province/Territory	24-Hour verbal notification Telephone Number	Written report Designated person
British Columbia	Emergency Management BC 1-800-663-3456	Regional Director Environmental Enforcement Division Environment and Climate Change Canada 101-401 Burrard Street Vancouver BC V6C 3R2 Fax: 236-427-6341 email: FHR@ec.gc.ca
Yukon	Yukon Department of Environment 867-667-7244

Prairie & Northern Region

Province/Territory	24-Hour verbal notification Telephone Number	Written report Designated person
Alberta	Alberta Ministry of Environment and Parks 780-422-4505 or 1-800-222-6514*	Regional Director Environmental Enforcement Division Environment and Climate Change Canada Eastgate Offices 9250 - 49 Street NW Edmonton AB T6B 1K5 Fax: 780-495-2451 email: Enforcement-PNR@EC.gc.ca
Saskatchewan	Saskatchewan Ministry of Environment 1-800-667-7525
Manitoba	Manitoba Ministry of Sustainable Development 204-944-4888 (collect calls accepted within the province)
Northwest Territories	Northwest Territories Department of Environment and Natural Resource 867-920-8130
Nunavut

Ontario Region

Province/Territory	24-Hour verbal notification Telephone Number	Written report Designated person
Ontario	Spills Action Centre 416-325-3000 or 1-800-268-6060*	Regional Director Environment and Climate Change Canada Canada Center for Inland Waters 867 Lakeshore Road Burlington ON L7S 1A1 Fax: 289-313-6709 email: FHR.Ontario@ec.gc.ca

Quebec Region

Province/Territory	24-Hour verbal notification Telephone Number	Written report Designated person
Quebec	National Environmental Emergencies Centre 514-283-2333 or 1-866-283-2333*	Regional Director Environment and Climate Change Canada 105 McGill Street (3rd floor) Montreal QC H2Y 2E7 Fax: 514-496-2087 email : InstalFed.DALE-RQ@ec.gc.ca

Atlantic Region

Province/Territory	24-Hour verbal notification Telephone Number	Written report Designated person
Newfoundland and Labrador	Newfoundland and Labrador Regional Office Canadian Coast Guard 1-800-563-9089* or (709) 772-2083	Regional Director Environmental Enforcement Division Environment and Climate Change Canada 15th floor, Queen Square 45 Alderney Drive Dartmouth NS B2Y 2N6 Fax: 902-426-7924 email: rfh-atl-fhr@ec.gc.ca
New Brunswick	Maritimes Regional Office Canadian Coast Guard 1-800-565-1633* or (902) 426-6030
Nova Scotia
Prince Edward Island

^{* accessible only within the province}

The Federal Halocarbon Regulations 2022 (FHR 2022) set out different prohibitions to prevent and reduce halocarbon emissions in the environment and requires that a permit be issued for certain activities involving refrigeration, air-conditioning, fire-extinguishing, and solvent systems and containers under federal jurisdiction.

The FHR 2022 establish prohibitions in order to help prevent and reduce releases of ozone-depleting substances and Hydrofluorocarbons (HFCs) to lessen adverse effects associated with the destruction of the earth’s ozone layer and from climate change.

Prohibitions

Releases

It is prohibited to release, allow or cause the release of a halocarbon (Section 3) from all types of systems and containers and from equipment used in the reuse, recycling, reclamation or storage of a halocarbon.

This prohibition does not apply if the release of a halocarbon:

• is for the purpose of calibrating leak-detecting devices with equipment designed specifically for that purpose and the manufacturer's recommended procedures are followed;
• results from the connecting or disconnecting of hoses that are less than 1 metre (m) in length and used for the charging with, or recovery of, a halocarbon;
• results from a purge system on an air-conditioning system or a refrigeration system, including any associated recovery equipment, that emits less than 0.1 kg of halocarbon per kilogram of air purged to the environment;
• is from a fire-extinguishing system for the purpose of fighting a fire that is not set for training purposes
• is from a fire-extinguishing system for the purpose of testing the system in a military vehicle as authorized by a permit issued under subsection 20(2)

Substances covered under the Regulations (Schedule 1)

List of Halocarbons

1. Tetrachloromethane (carbon tetrachloride)
2. 1,1,1-trichloroethane (methyl chloroform), except 1,1,2-trichloroethane
3. Chlorofluorocarbons (CFC)
4. Bromochlorodifluoromethane (Halon 1211)
5. Bromotrifluoromethane (Halon 1301)
6. Dibromotetrafluoroethane (Halon 2402)
7. Bromofluorocarbons except those set out in items 4 to 6
8. Bromochloromethane (Halon 1011)
9. Hydrobromofluorocarbons (HBFC)
10. Hydrochlorofluorocarbons (HCFC)
11. Hydrofluorocarbons (HFC)
12. Perfluorocarbons (PFC)

Installation or use

It is prohibited to install or activate a system that contains or is designed to contain a halocarbon listed in any of items 1 to 9 of Schedule 1 (Section 4)

This prohibition does not apply in the case of an air-conditioning system, refrigeration system or fire-extinguishing system if:

• the person is reactivating the system at the same site;
• the person is installing a fire-extinguishing system in a military vehicle;
• the person is installing a fire-extinguishing system during the manufacture of a new civilian aircraft in accordance with the Convention on International Civil Aviation, signed at Chicago, December 7, 1944, as amended from time to time; or
• in the case of a fire-extinguishing system, the person is authorized to do so by a permit issued under subsection 20(2).

It is prohibited to install or use a solvent system that contains or is designed to contain a halocarbon listed in any of items 1 to 12 of Schedule 1 (Section 5) unless:

• the person is authorized to use the halocarbon listed in item 11 or 12 of Schedule 1 by a permit issued under subsection 20(2).

It is prohibited to operate a chiller* containing a halocarbon listed in any of items 1 to 9 of Schedule 1 (Section 7)

*Definition of Chiller: an air-conditioning system or refrigeration system that has a compressor, an evaporator and a secondary coolant, but does not include an absorption chiller.

It is prohibited to install or operate a purge system, including any associated recovery equipment, unless the system emits less than 0.1 kg of halocarbon per kilogram of air purged to the environment (Section 8).

Charging

It is prohibited to charge a system with a halocarbon listed in any of items 1 to 9 of Schedule 1:

in an air-conditioning system or refrigeration system (Section 12), unless:

• the charge replaces a halocarbon that was recovered to service the system and the charge does not result in a net gain in the amount of halocarbon contained in the system

in a fire-extinguishing system (Section 13), unless:

• the charge replaces a halocarbon that is recovered to service the system and the charge does not result in a net gain in the amount of halocarbon contained in the system;
• the system is for use in a military vehicle;
• the system is for use in a civilian aircraft; or
• the person is authorized to charge the system by a permit issued under subsection 20(2).

Storage and transportation

It is prohibited to store or transport a halocarbon unless it is in a container designed and manufactured to be refilled and to contain that specific type of halocarbon (Section 6).

This prohibition does not apply in respect of a halocarbon that is used as a laboratory analytical standard or a laboratory reagent.

Other prohibitions are also applicable with respect to leaks and leak tests, please see the associated factsheet.

Activities requiring a permit

To be granted a permit, it must be determined that no technically or financially feasible alternative to the use of the halocarbon exists that could have a less harmful impact on the environment or on human life or health (Section 20).

Type of system	Substances used (listed in Schedule 1 of the FHR 2022)	Permit required
Fire-extinguishing system	Item 1 to 12	to test a fire-extinguishing system in a military vehicle (par. 20(1)(a))
Fire-extinguishing system	Item 1 to 9	to install a fire-extinguishing system referred to in section 4 (par. 20(1)(b))
Solvent system	Item 11 or 12	to install or use a solvent system referred to in subsection 5(2) (par. 20(1)(c))
Fire-extinguishing system	Item 1 to 9	to charge a fire-extinguishing system referred to in section 13 (par. 20(1)(d))

Application for a permit

In the application for a permit, the owner must provide a declaration that there is no technically or financially feasible alternative to the use of the halocarbon that exists that could have a less harmful impact on the environment or on human life or health. The owner must also provide information in support of the declaration, including research on alternatives and the reasons they are not technically or financially feasible.

The permit application must be sent to:

Halocarbons Management
Chemical Production Division
Environment and Climate Change Canada
351 St. Joseph Boulevard, 19th floor
Gatineau QC  K1A 0H3

halocarbures-halocarbons@ec.gc.ca

Permit application forms are available.

• Request for Permit for Fire-Extinguishing System
• Request for Permit for Solvent System

Once all the required information is received by the Department, the decision on the issuance of the permit is rendered within 10 working days.

Under the FHR 2022, activity logs, notices, release reports and permits are required for certain activities related to specified systems.

Templates are available:

• Charging report (Excel)
• Notice of permanent withdrawal from use (PDF)
• Request for Permit for Fire-Extinguishing System (PDF)
• Request for Permit for Solvent System (PDF)
• Inventory of large systems and containers (Excel)
• Activity logs (Excel)
• Release report
  • for release of more than 10 kg but less than 100 kg (Excel)
  • for release of 100 kg or more (Excel)

Any questions on the templates can be submitted to the Halocarbons Management Team at halocarbures-halocarbons@ec.gc.ca.

The FHR 2003 replaced the former Federal Halocarbon Regulations and incorporated new provisions to achieve an orderly transition from CFCs and Halons to alternative substances and technologies, reflecting Canada's Strategy to Accelerate the Phase-Out of CFC and Halon Uses and to Dispose of the Surplus Stocks.

The July 2009 amendments to the FHR 2003 addressed comments and recommendations of the Standing Joint Committee for the Scrutiny of Regulations to improve the regulatory text. In addition, these amendments updated the references to the two Underwriters’ Laboratories of Canada standards that were revised and translated in 2004, and corrected editorial oversights that had been identified in the FHR 2003. The amendments did not change the intent or scope of the FHR 2003.

Two previous consultations took place on proposed revisions to the FHR 2003: one in 2013 with four face-to-face meetings and two webinars, and another electronic consultation in 2017. Stakeholders and Indigenous groups were encouraged to review a Consultation Document and provide input on the proposed revisions.

• Proposed Revisions to the Federal Halocarbon Regulations, 2003 – 2013 Consultation Document
• A report on the 2013 consultation meetings is available: Proposed Revisions to the Federal Halocarbon Regulations, 2003 - Consultation Report
• Federal Halocarbon Regulations: consultation document on proposed revisions 2017

View full text of the consolidated Federal Halocarbon Regulations, 2003 in PDF (225 KB)

On November 14, 2020, Environment and Climate Change Canada published in the Canada Gazette, Part I, a proposal to repeal and replace the Federal Halocarbon Regulations, 2003 (FHR 2003). The purpose was to address various administrative and operational issues of the FHR 2003 while continuing to minimize releases of halocarbons to the environment.

A 60-day public comment period followed the publication of the proposed regulations. Summary of comments received and government answers is included in the Regulatory Impact Analysis Statement associated to the final regulations.

• Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems
• Environmental Code of practice on Halons (PDF)

Controls on Manufacture, Import and Export of Halons

In Canada, the federal Ozone-depleting Substances and Halocarbon Alternative Regulations (ODSHAR) control the manufacture, import, export, use and sale of ozone-depleting substances, including halons, as well as their halocarbon alternatives and certain products containing these substances. With respect to the production and consumption of halons, the ODSHAR prohibits:

• The import and export of halons, with limited exceptions that must be authorized under permit by Environment and Climate Change Canada;
• The use and sale of halons, with certain specific exceptions;
• The manufacture of halons and products containing or designed to contain halons, such as fire-extinguishing systems;
• The import of products that contain or are designed to contain halons, except for use in aircraft, military ships or military vehicles, or in an aircraft, ship or vehicle manufactured before 1999;

Further information on the provisions of the ODSHAR, including the permitting process, may be obtained by contacting the Halocarbon Management Team.

Please note that other Regulations might also apply to the import and export of halons:

• Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations
• Transportation of Dangerous Goods Regulations

Prohibitions regarding use and installation of fire-extinguishing system with Halons

In addition to being ozone-depleting substances, halons are greenhouse gases. In order to reduce and prevent emissions of halons in Canada, the use and handling of halons are regulated by the provinces/territories in their respective jurisdictions, and through the Federal Halocarbon Regulations, 2022 (FHR 2022) for systems under federal jurisdiction. If a halon fire-extinguishing system is not subject to the FHR 2022, it falls under provincial/territorial jurisdiction and is subject to the applicable provincial or territorial regulations.

Installation or activation

It is prohibited to install or activate a fire-extinguishing system that contains or is designed to contain Halons (and any of the substances listed in item 1 to 9 of Schedule 1 of the FHR 2022), unless

• The system is reactivated at the same site
• The system is installed in a military vehicle
• The system is installed during the manufacture of a new civilian aircraft in accordance with the Convention on International Civil Aviation; or
• It is authorized by a permit issued under Subsection 20(2) of the FHR 2022.

Charging

It is prohibited to charge a fire-extinguishing system that contains or is designed to contain Halons (and any of the substances listed in item 1 to 9 of Schedule 1 of the FHR 2022), unless

• The charge replaces a halocarbon that is recovered to service the system and the charge does not result in a net gain in the amount of halon contained in the system;
• The system is for use in a military vehicle;
• The system is for use in a civilian aircraft; or
• It is authorized by a permit issued under subsection 20(2) of the FHR 2022.

Requirements for Permanent withdrawal from use of Halon Fire-Extinguishing Systems and Recovery of Halons

Halons must be properly recovered from decommissioned systems to prevent releases. Extreme care must be taken when decommissioning a halon fire-extinguishing system to prevent releases. Before a system is permanently withdrawn from use, the halon must be recovered. The equipment used to recover a halocarbon from a fire-extinguishing system must have a rated transfer efficiency of at least 99%.

A notice needs to be affixed to the system indicating all halon contained has been recovered properly, as prescribe under section 16 of the FHR 2022.

The FHR 2022 requires that halons be recovered, stored and transported in containers designed and manufactured to be refilled and to contain that specific type of halon (Section 6).

Further Information

Requests for further information on the ODSHAR and FHR 2022 can be forwarded to:

Halocarbon Management Team
Chemical Production Division
Environment and Climate Change Canada
351 St. Joseph Blvd., 19th floor
Gatineau, Quebec  K1A 0H3
Tel.: 819-938-4228
Fax: 819-938-4218

Email: halocarbures-halocarbons@ec.gc.ca

View full text of consolidated Ozone-depleting Substances and Halocarbon Alternative Regulations
View full text of consolidated Federal Halocarbon Regulations, 2022
Canada gazette