Federal Halocarbon Regulations, 2020

Summary#

The Canada Gazette published the proposed Federal Halocarbon Regulations, 2020 on November 14, 2020. The proposal would replace the Federal Halocarbon Regulations, 2003 and mainly aims to simplify paperwork, clarify terms, and align some rules with international aviation standards.

What it does#

• Replaces the Federal Halocarbon Regulations, 2003 with the proposed Federal Halocarbon Regulations, 2020.
• Redefines “small” and “large” systems by the amount of halocarbon they contain or are designed to contain (threshold: 10 kg).
• Requires an on-site inventory only for large systems and containers (those over 10 kg). Smaller systems must only track servicing activities that could cause a release.
• Removes the need to affix physical notices on equipment. Records and reports may be kept and sent electronically.
• Changes the leak-test timing from once every 12 months to at least once every calendar year and no more than 15 months since the previous test.
• Shortens some reporting rules and clarifies reporting periods for releases between 10 kg and 100 kg (biannual reports due July 31 and January 31).
• Requires immediate notification and faster reporting after larger releases (100 kg or more): a verbal or initial report within 24 hours, and a fuller report within 30 days.
• Raises the permit validity for certain fire-extinguishing system permits from 1 year to 3 years.
• Changes who can perform work: a “certified person” would be someone with a certificate recognized by at least one Canadian province (instead of certificates recognized by three provinces).
• Keeps exemptions that align with the Convention on International Civil Aviation (CICA) and incorporates International Civil Aviation Organization (ICAO) standards by reference for aircraft halon use.
• Keeps core pollution-prevention duties (recovery, repair, and not releasing halocarbons) and technical requirements such as a minimum 99% transfer efficiency for equipment that recovers halons from cylinders.
• Would come into force on the day the new regulations are registered (i.e., on registration).

Who's affected#

• An estimated 3,750 regulated parties across Canada, including:
  • About 200 operators tied to federal departments, boards, agencies and Crown corporations.
  • About 1,750 operators linked to federal works and undertakings (examples: telecoms, ports, rail, airports).
  • About 1,300 businesses on Indigenous lands.
  • About 500 businesses on federal lands.
• Service technicians who install, service or recover halocarbons (because of the change in certification recognition).
• Small businesses — roughly 3,030 of the regulated parties are estimated to be small businesses.
• Civil aviation manufacturers and airlines, to the extent that the rules keep Canada aligned with international halon phase-out schedules.
• The Department of the Environment, which would continue to handle implementation, compliance promotion and enforcement.

Why it matters#

• Paperwork and record-keeping should be simpler for many owners and operators. The government estimates net administrative savings of about $3.2 million between 2020 and 2030 across all regulated parties.
• Small businesses are expected to see a net reduction in administrative costs of about $2.6 million over the same period (about $870 per small business). There are also some one-time and ongoing small costs (total about $500,000 across small businesses).
• Practical effects include fewer physical labels to manage, the ability to use electronic records, clearer rules about which systems need inventories, and a slightly longer maximum gap between leak tests (15 months).
• The proposal keeps the existing environmental protections (recovery requirements, bans on releases) so the expected environmental outcome — preventing halocarbon emissions on federal and Indigenous lands — does not change materially.
• The proposal would keep Canada aligned with international aviation rules on halons, so aircraft manufacturers and airlines don’t face mismatched national and international requirements.
• This was a proposal published in the Canada Gazette, Part I. The public had 60 days from November 14, 2020 to comment (deadline: January 13, 2021). The proposal is not law until finalized and registered.