Acts and Regulations

97-132 - Ozone Depleting Substances and Other Halocarbons

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 97-132
under the
Clean Air Act
(O.C. 97-922)
Filed November 20, 1997
Under section 46 of the Clean Air Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Ozone Depleting Substances and Other Halocarbons Regulation - Clean Air Act.
2008-66
Definitions
2In this Regulation
“Act” means the Clean Air Act;(Loi)
“Air Quality Regulation” means the Air Quality Regulation - Clean Air Act;(Règlement sur la qualité de l’air)
“apprentice” means an apprentice or a pre-apprentice as defined in the Apprenticeship and Occupational Certification Act;(apprenti)
“certified technician” means a person who holds a certificate issued by the Minister under paragraph 21(1)(b);(technicien certifié)
“charging cylinder” means a portable pressurized container with a graduated scale that is used or intended to be used for the temporary storage of a regulated substance during the recharging or servicing of unitary equipment with a regulated substance;(cylindre de chargement)
“chiller” means an air conditioning or refrigeration system that has a compressor, an evaporator and a secondary refrigerant;(refroidisseur)
“direct supervision” means, with respect to a certified technician, the supervision of an apprentice by a certified technician who is present while the apprentice performs work that the apprentice is authorized to perform under this Regulation;(surveillance immédiate)
“dispose of” means, with respect to equipment or a regulated substance, to cease to have charge of or responsibility for equipment or a regulated substance, with the intention that it is not to be used again by the person disposing of it;(éliminer)
“Environmental Code of Practice” means the report numbered EPS 1/RA/2, dated March 1996, entitled Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems published by Environment Canada, as amended from time to time;(Code de pratiques environmentales)
“equipment” means a container, device or mechanical installation or system that, in whole or in part, contains, is intended to contain or is intended to operate or operates using a regulated substance;(équipement)
“halocarbon” means a Class III substance that is listed in Schedule A;(halocarbure)
“leak test” means a set of procedures that, when performed on equipment, enables a certified technician or an apprentice working under the supervision of a certified technician to determine whether or not a regulated substance is being released into the environment from any part of the equipment;(épreuve d’étanchéité)
“lease” means to lease as a lessor or as a lessee, unless otherwise indicated;(bail)
“mobile air conditioner” means a mechanical vapour compression air conditioning unit or system that contains a regulated substance, that is installed in, normally operates in, on or in conjunction with or is attached to a means of transportation and that provides cooling for principally the operator or passengers of the means of transportation;(climatiseur mobile)
“mobile refrigeration system” means a mechanical vapour compression refrigeration or freezer unit or system that contains a regulated substance and that is installed in, normally operates in, on or in conjunction with or is attached to a means of transportation, and does not include a mobile air conditioner;(système de réfrigération mobile)
“motor vehicle” means a vehicle that is self propelled and, without limiting the generality of the foregoing, includes electrically operated trolleys, whether operated on rails or not, and self-propelled farm vehicles and construction equipment;(véhicule à moteur)
“non-unitary” means, with respect to equipment, equipment that is not supplied pre-assembled and ready for use to the location of use as a self-contained unit when being put into service for the first time and that requires, in the final installation, the installation, modification or connection of pipes, tubes, hoses or valves that convey or control a regulated substance;(non unitaire)
“ozone depleting substance” means(substance appauvrissant la couche d’ozone)
(a) a Class I ozone depleting substance that is listed in Schedule A, or
(b) a Class II ozone depleting substance that is listed in Schedule A;
“ozone depletion potential” means, with respect to an ozone depleting substance, the quotient obtained by dividing the mass of stratospheric ozone that would be destroyed by a unit mass of the substance if it were introduced into the environment, by the mass of stratospheric ozone that would be destroyed by the same unit mass of fluorotrichloromethane if it were introduced into the environment;(potentiel d’appauvrissement de la couche d’ozone)
“pressurized container” means a container intended solely to contain a regulated substance under pressure, whether alone or in combination with another regulated substance or other substances, whether or not the container is empty and whether or not a substance contained in it is under pressure, and includes a charging cylinder;(récipient sous pression)
“reclaim” means, with respect to a regulated substance, to reprocess the substance by means of distillation, filtration, drying or other means so that it meets the specifications for such a substance when new and unused and to verify that it meets the specifications by means of chemical analysis;(recouvrer)
“recover” means, with respect to a regulated substance, to remove the substance in any condition from equipment and store it in a container that is separate from the equipment, whether or not the substance is cleaned, tested or reprocessed after removal;(récupérer)
“recycle” means, with respect to a regulated substance, to purify the substance after recovery so that it may be reused and to restore it to equipment for reuse;(recycler)
“regulated substance” means an ozone depleting substance or other halocarbon;(substance réglementée)
“reuse” means, with respect to a regulated substance, to restore the substance to the same equipment from which it was recovered during servicing, whether or not it is cleaned, tested or reprocessed;(réutiliser)
“service” means, with respect to equipment, to adjust, inspect, maintain, modify, renovate, repair or test equipment or a component of equipment;(mise en service)
“unitary” , when used with reference to equipment or a kind of equipment, means supplied preassembled and ready for use to the location of use as a self-contained unit when being put into service for the first time, without requiring the installation, modification or connection of pipes, tubes, hoses or valves that convey or control a regulated substance before use;(unitaire)
“used ozone depleting substance” Repealed: 2008-66
“used regulated substance” means a regulated substance that has been or is being recovered from equipment.(substance usagée réglementée)
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Application
3(1)This Regulation does not apply to regulated substances that are
(a) contained in bronchial dilators, topical anaesthetics, cytosprays, veterinary powder wound sprays, spermicidal contraceptive foam or other health care products that have a Drug Identification Number issued under the Food and Drugs Act (Canada), or
(b) used for research and development, if the person using or supervising the use of the regulated substance has first obtained an approval in accordance with Part I of the Air Quality Regulation.
3(2)If a conflict exists between this Regulation and the Environmental Code of Practice, this Regulation prevails.
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Prohibitions respecting release of regulated substances
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4(1)No person shall release or cause or allow the release of a regulated substance, either directly or indirectly, from any equipment or in any other manner except in accordance with the Act and this Regulation.
4(2)Without limiting the generality of subsection (1), no person shall inhale an ozone depleting substance or use it to freeze pipes, to inflate tires or in any other manner that would or could cause, allow or result in, either directly or indirectly, the subsequent release of the substance into the environment, regardless of the period of time that would or could elapse between the inhalation or use and the release, except in accordance with the Act and this Regulation.
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Prohibited propellants
5No person shall make, manufacture, offer for sale, sell, lease, supply or use a product containing an ozone depleting substance that acts as a propellant.
Prohibited packaging, wrapping and containers
6No person shall make, manufacture, offer for sale, sell, lease, supply or use
(a) packaging or wrapping that contains a Class I ozone depleting substance listed in Schedule A, or
(b) packaging, wrapping or a container that is manufactured by a process that uses a Class I ozone depleting substance listed in Schedule A.
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Portable fire extinguishers and fire suppression systems
7(1)Subject to subsections (2) and (3), no person shall make, manufacture, offer for sale, sell, lease, supply, install or use a portable fire extinguisher or a fire suppression system that contains or is intended to operate or operates using an ozone depleting substance that has an ozone depletion potential greater than 0.05.
7(2)Subsection (1) does not apply to a portable fire extinguisher or a fire suppression system containing or intended to operate or operating using an ozone depleting substance that is intended to be or is used for fire protection in an aircraft, a military tactical vehicle or a military boat or ship.
7(3)Subsection (1) does not apply to the use of a portable fire extinguisher or a fire suppression system containing or intended to operate or operating using an ozone depleting substance that was sold and was in use in New Brunswick before October 4, 1992.
7(4)Subject to subsections (5) and (6), no person shall partially or completely refill with an ozone depleting substance that has an ozone depletion potential greater than 0.05 a portable fire extinguisher or a fire suppression system that has been used and partially or completely emptied, and the owner of such an extinguisher or system shall not permit it to be refilled with an ozone depleting substance that has an ozone depletion potential greater than 0.05.
7(5)Subsection (4) does not apply to the partial or complete refill of a portable fire extinguisher or a fire suppression system that has been used for fire protection in an aircraft or military vehicle and that is intended to be reused for fire protection in an aircraft, a military vehicle or a military boat or ship.
7(6)Subsection (4) does not apply to the partial or complete refill of a portable fire extinguisher or a fire suppression system that has been used for fire protection and that is intended to be reused for fire protection if the permission of the Minister is obtained before the portable fire extinguisher or the fire suppression system is refilled.
7(7)Repealed: 2008-66
7(8)Repealed: 2008-66
7(9)The owner of one or more portable fire extinguishers or fire suppression systems shall follow the directions of the Minister respecting the handling, storage and disposal of and any other matter pertaining to the extinguishers, the systems or the ozone depleting substance contained in them and shall submit to the Minister an inventory of all such equipment that contains or uses a Class I ozone depleting substance that is listed in Schedule A
(a) no later than March 31, 2009, and
(b) no later than March 31 of every second year following 2009.
7(10)No person shall recover a Class I ozone depleting substance that is listed in Schedule A from a portable fire extinguisher or a fire suppression system unless the person or his or her employer is certified by Underwriters’ Laboratories of Canada as complying with the requirements of document number ULC/ORD-C1058.18-2004, dated November 2004, entitled The Servicing of Halon and Clean Agent Extinguishing Systems, prepared and published by Underwriters’ Laboratories of Canada.
7(11)A person who recovers a Class I ozone depleting substance that is listed in Schedule A from a portable fire extinguisher or a fire suppression system shall do so in accordance with the requirements of document number ULC/ORD-C1058.18-2004, dated November 2004, entitled The Servicing of Halon and Clean Agent Extinguishing Systems, prepared and published by Underwriters’ Laboratories of Canada.
7(12)A person who services a portable fire extinguisher or a fire suppression system that contains a Class I ozone depleting substance that is listed in Schedule A shall only do so in accordance with the requirements of document number ULC/ORD-C1058.5-2004, dated November 2004, entitled Halon and Halocarbon Clean Agent Recovery and Reconditioning Equipment, prepared and published by Underwriters’ Laboratories of Canada.
7(13)On and after January 1, 2012, no person shall make, manufacture, offer for sale, sell, lease, supply, install or possess a portable fire extinguisher or a fire suppression system that contains or is intended to operate or operates using a Class I ozone depleting substance that is listed in Schedule A.
7(14)Subsection (13) does not apply to a portable fire extinguisher or a fire suppression system containing or intended to operate or operating using a Class I ozone depleting substance that is listed in Schedule A that is intended to be or is used for fire protection in an aircraft, a military vehicle or a military boat or ship.
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Pressurized containers
8(1)Subject to subsection (3), no person shall bring into the Province, offer for sale, sell, lease, supply, purchase, use or partially or completely fill or refill a pressurized container that contains or is intended to contain a regulated substance, a combination of regulated substances or a combination of regulated substances and other substances, unless the container is designed for reuse.
8(2)Subject to subsection (3), no person shall partially or completely fill or refill a pressurized container so that it contains a regulated substance, a combination of regulated substances or a combination of regulated substances and other substances, unless the container is designed for reuse.
8(3)Subsections (1) and (2) do not apply
(a) to the offering for sale, sale, leasing, supply, purchase, use, filling or refilling of a charging cylinder,
(b) to the temporary use of a pressurized container to recover a regulated substance from equipment, and
(c) to the offering for sale, sale, leasing, supply, purchase, use, filling or refilling of a pressurized container that existed in New Brunswick before October 4, 1992.
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Air conditioning and refrigeration systems
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8.1(1)No person shall partially or completely refill a mobile refrigeration system with a Class I ozone depleting substance that is listed in Schedule A.
8.1(2)The owner of a mobile refrigeration system shall not permit it to be partially or completely refilled with a Class I ozone depleting substance that is listed in Schedule A.
8.1(3)No person shall partially or completely refill a commercial refrigeration or air conditioning system that is not a chiller with a Class I ozone depleting substance that is listed in Schedule A.
8.1(4)The owner of a commercial refrigeration or air conditioning system that is not a chiller shall not permit it to be partially or completely refilled with a Class I ozone depleting substance that is listed in Schedule A.
8.1(5)The owner of a chiller shall ensure that it is modified to use or installed with equipment that uses a refrigerant other than a Class I ozone depleting substance that is listed in Schedule A when the chiller undergoes one of the following:
(a) replacement or modification of an internal sealing device;
(b) replacement or modification of an internal mechanical part, other than one of the following parts:
(i) an oil heater,
(ii) an oil pump,
(iii) a float assembly, or
(iv) a vane assembly for a chiller with a single-stage compressor;
(c) a repair resulting from the failure of a heat-exchanger tube in an evaporator or in a condenser.
8.1(6)Notwithstanding subsection (5), to prevent undue hardship the Minister may permit the one-time refilling of a chiller with a Class I ozone depleting substance that is listed in Schedule A.
8.1(7)No person shall use, or permit to be used, a chiller purge unit that emits more than 0.1 kilogram of regulated substance per one kilogram of air purged to the environment.
8.1(8)Subsections (1) and (2) apply to a mobile refrigeration system one year after the commencement of this section.
8.1(9)Subsections (3) and (4) apply to a commercial refrigeration or air conditioning system that is not a chiller one year after the commencement of this section.
2008-66
Prohibited plastic foam and rigid insulation foam
9(1)In this section
“foaming agent” means a substance that is added to a plastic during the process of manufacturing plastic foam or rigid insulation foam so that gas cells are formed throughout the plastic.(agent de gonflement)
9(2)No person shall use a Class I ozone depleting substance listed in Schedule A as a foaming agent in the manufacture of plastic foam or rigid insulation foam.
9(3)Subject to subsections (4) and (5), no person shall bring into the Province, offer for sale, sell, lease, supply, apply or use
(a) plastic foam or rigid insulation foam manufactured using a Class I ozone depleting substance listed in Schedule A as a foaming agent, or
(b) a manufactured product that contains plastic foam or rigid insulation foam manufactured using a Class I ozone depleting substance listed in Schedule A as a foaming agent.
9(4)Subsection (3) does not apply to plastic foam, rigid insulation foam and manufactured products containing plastic foam or rigid insulation foam that were in New Brunswick before January 1, 1994.
9(5)Notwithstanding subsection (4), subsection (3) does not apply to refrigerators or freezers containing rigid insulation foam that were in New Brunswick before January 1, 1996.
2008-66
Prohibited solvents
10(1)Subject to subsection (3), no person shall offer for sale, sell, lease, supply, purchase or use an ozone depleting substance, except methyl chloroform, as a solvent.
10(2)Subject to subsection (3), after December 31, 1999, no person shall offer for sale, sell, lease, supply, purchase or use methyl chloroform.
10(3)Subsection (1) does not apply to carbon tetrachloride, and subsection (2) does not apply to methyl chloroform, that is used as a laboratory reagent in a laboratory for routine laboratory uses or used in a process in which it is being converted to another substance or is generated but is ultimately converted to a different substance.
Prohibited sterilization systems
11(1)No person shall install, offer for sale, sell, lease, supply or purchase equipment that contains, is intended to contain or is intended to operate or operates using a Class I ozone depleting substance listed in Schedule A for the purpose of sterilizing medical equipment or of sterilizing any other thing, except a sterilization system that completely recovers and recycles the ozone depleting substance in accordance with the Act and this Regulation.
11(2)No person shall use a device that, in whole or in part, contains, is intended to contain or is intended to operate or operates using an ozone depleting substance for the purpose of sterilizing medical equipment or of sterilizing any other thing, except a sterilization system that
(a) uses a Class II ozone depleting substance listed in Schedule A, or
(b) completely recovers and recycles a Class I ozone depleting substance listed in Schedule A that is contained in or used by the equipment in accordance with the Act and this Regulation.
2008-66
Return of regulated substances
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11.1(1)A person who offers for sale, sells, supplies or leases as a lessor a regulated substance shall accept the return of the regulated substance from any person notwithstanding that the regulated substance was not purchased or leased from the person to whom it is returned.
11.1(2)A person who offers for sale, sells, supplies or leases as a lessor a regulated substance shall participate in a stewardship program that provides for the following:
(a) the collection and storage of returned regulated substances;
(b) the environmentally responsible disposal of returned regulated substances; and
(c) record keeping respecting returned regulated substances.
11.1(3)A person who accepts the return of a regulated substance under subsection (1) shall do the following:
(a) store the substance in a secure container designed to contain that substance; and
(b) deliver the substance to a person who manufactures, recycles, converts or disposes of the substance.
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Handling of used regulated substances
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12A person who has recovered a used regulated substance from equipment or who has otherwise acquired possession of a used regulated substance shall do one of the following:
(a) as soon as practicable, transport the used regulated substance or ensure that it is transported to a site for used regulated substances that is approved by the Minister;
(b) as soon as practicable, reclaim, recycle or reuse the used regulated substance or ensure that it is reclaimed, recycled or reused; or
(c) if the used regulated substance is not dealt with in accordance with paragraph (a) or (b), notify the Minister within six months after the person recovers or otherwise acquires possession of the substance and store and otherwise handle it in accordance with the directions of the Minister.
2008-66
Alteration of recovered regulated substance
2008-66
13No person shall add to, mix into or dissolve in a recovered regulated substance any contaminant or other substance or otherwise alter a recovered regulated substance if to do so would make the reclamation, recycling or reuse of the recovered regulated substance impracticable.
2008-66
Record keeping and reporting
14(1)A person who recovers a regulated substance or transports, receives, transfers ownership of or consigns for storage, reclamation, destruction or disposal a used regulated substance shall keep a written record containing the particulars of each occasion on which the person does the following:
(a) recovers a total of more than one kilogram of a regulated substance or a combination of regulated substances from equipment in one day;
(b) transports a total of more than five kilograms of a used regulated substance or a combination of used regulated substances from the person’s ordinary place of business to a different location or to the person’s ordinary place of business from a different location;
(c) receives a total of more than five kilograms of a used regulated substance or a combination of used regulated substances at the person’s ordinary place of business after it is recovered from equipment at another location or other locations;
(d) transfers ownership of a total of more than five kilograms of a used regulated substance or a combination of used regulated substances; or
(e) consigns for storage, reclamation, destruction or disposal a total of more than one kilogram of a used regulated substance or a combination of used regulated substances.
14(2)A written record required under subsection (1) respecting a used regulated substance or a combination of used regulated substances shall indicate
(a) the date on which the substance or substances are recovered, transported, received, transferred or consigned, as the case may be,
(b) the source of the substance or substances,
(c) the quantity of the substance or substances recovered, transported, received, transferred or consigned, as the case may be,
(d) the exact substance or substances recovered, transported, received, transferred or consigned, as the case may be, and
(e) the manner of disposition of the substance or substances.
14(3)A person who offers for sale, sells, supplies or leases as a lessor a regulated substance and keeps a record under subsection (1) shall
(a) on or before the thirtieth day of September in each year, deliver to the Minister a summary on a form provided by the Minister of all records kept under subsection (1) during the period of six months ending on the thirtieth day of June in that year, and
(b) on or before the thirtieth day of March in each year, deliver to the Minister a summary on a form provided by the Minister of all records kept under subsection (1) during the period of six months ending on the thirty-first day of December in the previous year.
14(3.1)The owner of equipment from which more than twenty-five kilograms of a regulated substance has been released into the environment shall do the following:
(a) within twenty-four hours after discovery of the release, notify the Minister and the Canadian Coast Guard; and
(b) within fourteen days after the release, deliver to the Minister a written report on a form provided by the Minister respecting the release.
14(4)A person keeping a written record under this section shall retain it for at least two years after it is created.
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Leak testing
15(1)In this section
“operator” means, with respect to equipment having a motor rating of 3.00 horsepower or 2.24 kilowatts or more or to non-unitary equipment, including a mobile refrigeration system, the person designated by the owner or a representative of the owner to be responsible for the operation of the equipment;(exploitant)
“owner” , when applied in reference to any vehicle, means the owner as defined in the Motor Vehicle Act, and includes any lessee whose name is contained on the registration certificate for the vehicle as required under section 27.1 of the Motor Vehicle Act.(propriétaire)
15(2)The owner or the operator, or both, of any equipment having a motor rating of 3.00 horsepower or 2.24 kilowatts or more or of any non-unitary equipment, except a heat pump that is owned by an individual and is used for domestic purposes only, shall ensure that a certified technician or an apprentice working under the supervision of a certified technician conducts a leak test of all components of the equipment that are in contact with a regulated substance at least once every year.
15(3)Repealed: 2008-66
15(4)If a leak test conducted under subsection (2) reveals that a regulated substance is leaking from equipment or a component of equipment having a motor rating of 3.00 horsepower or 2.24 kilowatts or more or from non-unitary equipment, the owner or the operator of the equipment, or both, shall
(a) ensure that the equipment is immediately and effectively repaired so that leaking cannot occur, or
(b) ensure that the regulated substance is immediately recovered from the equipment and handled in accordance with the Act and this Regulation and that the equipment is prominently labelled indicating that it is not in working order and that it would be an offence to recharge it with a regulated substance unless it is first repaired.
15(5)A certified technician or apprentice who conducts a leak test required under this section shall affix in a prominent position on the equipment a label that contains the following information:
(a) the name of the individual who conducted the leak test;
(b) if applicable, the employer of the individual who conducted the leak test;
(c) the certification number of the individual who conducted the leak test;
(d) the date the leak test was conducted;
(e) the result of the leak test; and
(f) any other information required by the Minister.
15(5.1)A person who completes a label required under subsection (5) shall do so in a legible and permanent manner.
15(5.2)No person shall remove or obliterate a label affixed to equipment under subsection (5), except to replace it with a label respecting a subsequent leak test required under this section.
15(6)No person shall add a regulated substance to equipment during the course of conducting a leak test of the equipment for the purpose of conducting the test, except in accordance with the Environmental Code of Practice.
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Recharging and topping up
16(1)No person shall recharge or top up equipment with a regulated substance or otherwise add a regulated substance to equipment without first conducting a leak test of the equipment and, if a leak is found, ensuring, in accordance with subsection 15(4), that the leak is immediately and effectively repaired or that the regulated substance is immediately recovered.
16(2)A certified technician or apprentice who conducts a leak test required under subsection (1) shall affix in a prominent position on the equipment a label that contains the following information:
(a) the name of the individual who conducted the leak test;
(b) if applicable, the employer of the individual who conducted the leak test;
(c) the certification number of the individual who conducted the leak test;
(d) the date the leak test was conducted;
(e) the result of the leak test; and
(f) any other information required by the Minister.
16(3)A person who completes a label required under subsection (2) shall do so in a legible and permanent manner.
16(4)No person shall remove or obliterate a label affixed to equipment under subsection (2), except to replace it with a label respecting a subsequent leak test required under this section.
2008-66
Recovery, replacement and handling of ozone depleting substances
17(1)This section applies to equipment, other than a portable fire extinguisher or a fire suppression system referred to in subsection 7(5) or (6) or a mobile refrigeration system, that
(a) contains, is intended to contain or is intended to operate or operates using an ozone depleting substance with an ozone depletion potential greater than 0.5, and
(b) is installed in, normally operates in, on or in conjunction with or is attached to a motor vehicle or other means of transportation.
17(2)A person who is recharging, topping up with a substance or adding a substance to equipment to which this section applies shall recover any ozone depleting substance contained in or used by the equipment, replace it with a substance that is not an ozone depleting substance or is an ozone depleting substance having an ozone depletion potential not exceeding 0.1 and handle the recovered substance in accordance with the Act and this Regulation.
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Flushing or purging gas
18No person shall use a regulated substance as a flushing or purging gas in any equipment.
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Dismantling and disposal
19(1)Subject to subsection (2), no person shall dismantle or dispose of equipment that contains a regulated substance without first ensuring that
(a) the regulated substance remaining in the equipment is recovered or will be recovered as soon as practicable and is handled in accordance with the Act and this Regulation, and
(b) immediately after the regulated substance is recovered, the equipment is
(i) disabled so that it cannot be reused, and
(ii) labelled in accordance with the directions of the Minister with the labels provided by the Minister.
19(2)Subsection (1) does not apply to
(a) a person who is dismantling or disposing of equipment that will be repaired for future use within four months after the dismantling or after the disposal, whichever occurs first, and
(b) an individual who is dismantling or disposing of a unitary refrigerator, a unitary freezer, a unitary air conditioner or a heat pump that the individual owns and is using only for domestic purposes at the time when the dismantling or disposal commences.
19(3)No person shall offer for sale, sell, lease as a lessor or supply any equipment that has been dismantled or disposed of under subsection (1) unless the regulated substance has been recovered from the equipment under paragraph (1)(a) and the equipment has been labelled in accordance with subparagraph (1)(b)(ii).
19(4)No person shall store or otherwise have possession of any equipment that has been dismantled or disposed of under subsection (1) unless
(a) the person has notified the Minister in writing to that effect and is storing and otherwise handling the equipment in accordance with the directions of the Minister, or
(b) arrangements have been instituted to recover the regulated substance from the equipment.
19(5)A person storing or otherwise having possession of a used regulated substance that is not intended to be or is not reclaimed, recycled or reused within four months after it is recovered shall notify the Minister in writing to that effect before the four months expire and shall store and otherwise handle the regulated substance in accordance with the directions of the Minister.
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Modifying equipment
2008-66
19.1(1)A person who adjusts, modifies, renovates or refills equipment that contains or uses a regulated substance so that it contains or uses a different type of substance shall affix in a prominent position on the equipment a label that contains the following information:
(a) the name of the individual who adjusted, modified, renovated or refilled the equipment;
(b) the certification number of the individual who adjusted, modified, renovated or refilled the equipment;
(c) the date the equipment was adjusted, modified, renovated or refilled; and
(d) the type of substance that the equipment was adjusted, modified, renovated or refilled to contain or use.
19.1(2)A person who completes a label required under subsection (1) shall do so in a legible and permanent manner.
19.1(3)No person shall remove or obliterate a label affixed to equipment under subsection (1), except to replace it with a label respecting a subsequent adjustment, modification, renovation or refilling referred to in subsection (1).
19.1(4)This section applies to a person who adjusts, modifies, renovates or refills equipment that contains or uses a non-regulated substance so that it contains or uses a regulated substance.
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Equipment labelling
20No person shall offer for sale, sell or supply equipment unless the equipment bears a prominent and permanent label that is in accordance with the directions of the Minister.
Certified technicians
21(1)The Minister
(a) may establish the requirements to be met in order for a person to be certified as a certified technician, and
(b) if satisfied that a person meets the requirements established under paragraph (a), may issue to the person a certificate to that effect.
21(1.1)The Minister may impose the terms and conditions that he or she considers appropriate on a certificate issued under paragraph (1)(b), including restricting the activities that a certified technician may undertake to those activities that the certified technician received training for during his or her apprenticeship.
21(1.2)A certified technician shall comply with the terms and conditions imposed on his or her certificate under subsection (1.1).
21(2)No person other than a certified technician or an apprentice working under the direct supervision of a certified technician shall install non-unitary equipment.
21(3)No person other than a certified technician or an apprentice working under the supervision of a certified technician shall
(a) subject to subsection (4), service, recharge, top up, flush, purge or dismantle any equipment, or a component of any equipment that is in contact with or controls the containment of a regulated substance, or
(b) reclaim, recover, recycle or reuse a regulated substance.
21(4)Paragraph (3)(a) does not apply to the dismantling of equipment or a component of equipment that does not contain and is not connected to any equipment that does contain a regulated substance.
2008-66
General handling of regulated substances
2008-66
22(1)In this section
“handle” , with respect to equipment or a regulated substance, means to make, manufacture, bring into the Province, transfer, receive, move, consign, store, have possession of, offer for sale, sell, lease, supply, purchase, install, use, fill, refill, service, recharge, top up, flush, purge, recover a regulated substance from, recover, recycle, reclaim, reuse, dispose of, destroy, dismantle or label, as the case may be.(manutentionner)
22(2)A person who handles equipment or a regulated substance, whether used or not, shall do so in accordance with the Environmental Code of Practice, the Act and this Regulation.
22(3)The owner or the operator, or both, of a business operation that performs any work involving the handling of equipment or a regulated substance, whether used or not, shall ensure that all such work performed by an employee of the business operation, including a partner if the business operation is a partnership or the proprietor if the business operation is a sole proprietorship, is in conformity with the Environmental Code of Practice, the Act and this Regulation.
2008-66
Permits
23(1)No person shall offer for sale, sell, supply or lease as a lessor a regulated substance for the purpose of servicing equipment unless that person is the holder of a permit authorizing the holder to offer for sale, sell, supply or lease as a lessor, as the case may be, the regulated substance for that purpose.
23(2)No person shall purchase, be supplied with or lease as a lessee a regulated substance for the purpose of servicing equipment unless that person is the holder of a permit authorizing the holder to purchase, be supplied with or lease as a lessee, as the case may be, the regulated substance for that purpose.
23(3)No person shall offer for sale, sell, supply or lease as a lessor a regulated substance to a person for the purpose of servicing equipment without first ensuring that that person is the holder of a permit issued under subsection (2) for that purpose.
23(4)A person may apply to the Minister for a permit referred to in subsection (1) or (2) by delivering to the Minister an application on a form provided by the Minister, accompanied by the prescribed fee.
23(5)The Minister may establish qualifications that shall be met by an applicant for a permit referred to in subsection (1) or (2) before a permit is issued to the applicant and may impose such terms and conditions as the Minister considers appropriate in relation to the permit.
23(6)The Minister, if satisfied that the applicant fulfils any qualifications established by the Minister, may issue to the applicant the permit for which the applicant applied.
23(7)The Minister may cancel a permit or may suspend a permit for the period of time the Minister considers appropriate if the Minister reasonably believes that the holder of the permit
(a) has ceased to fulfil any qualifications that must be met by an applicant for that permit,
(b) has violated or failed to comply with any of the terms and conditions imposed in relation to the permit, or
(c) has violated or failed to comply with any provision of the Act or this Regulation.
23(8)The Minister may reinstate a permit suspended under subsection (7) if satisfied that the holder has commenced to fulfil the qualifications or ceased to violate or commenced to comply with the terms and conditions or the provision of the Act or this Regulation in relation to which the permit was suspended or cancelled or if the holder complies with such other terms or conditions that the Minister may impose.
23(9)The Minister may impose such terms and conditions as the Minister considers appropriate in relation to a permit reinstated under subsection (8).
23(10)A permit may be issued under this section for a period of up to two years.
23(11)The holder of a permit who wishes to renew the permit shall, not less than one month before the permit expires, deliver to the Minister an application for renewal on a form provided by the Minister, accompanied by the prescribed fee.
23(12)Subsections (4) to (10) apply with the necessary modifications to an application for a permit and to a permit renewed under this section.
23(13)The fees for permits under this section are the following:
(a) for a permit issued or renewed for a period of up to one year, $25.00; and
(b) for a permit issued or renewed for a period of more than one year, $50.00.
2008-66
Deeming provisions
24(1)A person registered as a certified technician under subsection 26(1) of New Brunswick Regulation 92-119 under the Clean Environment Act on the commencement of this section shall be deemed to be certified as a certified technician under subsection 21(1).
24(2)Repealed: 2008-66
2008-66
Repeal
25New Brunswick Regulation 92-119 under the Clean Environment Act is repealed.
Commencement
26This Regulation comes into force on December 15, 1997.
SCHEDULE A
REGULATED SUBSTANCES
CLASS I
(Chlorofluorocarbons, Halons and Chlorocarbons)
1Chlorofluorocarbons (CFCs)
(a)
CFC-11..............
trichlorofluoromethane
CFC-12..............
dichlorodifluoromethane
CFC-13..............
chlorotrifluoromethane
CFC-213..............
pentachlorotrifluoropropane
CFC-214..............
tetrachlorotetrafluoropropane
CFC-215..............
trichloropentafluoropropane
CFC-216..............
dichlorohexafluoropropane
CFC-217..............
chloroheptafluoropropane
 
(b)All isomers and mixtures containing any of the above.
 
2Halons
(a)
Halon-1011..............
bromochloromethane
Halon-1211..............
bromochlorodifluoromethane
Halon-1301..............
bromotrifluoromethane
Halon-2402..............
dibromotetrafluoroethane
 
(b)All isomers and mixtures containing any of the above.
 
3Chlorocarbons
(a)
Trichloroethane (methylchloroform)
Tetrachloromethane (carbon tetrachloride)
 
(b)All isomers and mixtures containing any of the above, except 1,1,2-trichloroethane, an isomer of methyl chloroform.
CLASS II
(Hydrochlorofluorocarbons)
1Hydrochlorofluorocarbons
(a)
HCFC-21..............
dichlorofluoromethane
HCFC-22..............
chlorodifluoromethane
HCFC-31..............
chlorofluoromethane
HCFC-121..............
tetrachlorofluoroethane
HCFC-122..............
trichlorodifluoroethane
HCFC-123..............
dichlorotrifluoroethane
HCFC-124..............
chlorotetrafluoroethane
HCFC-131..............
trichlorofluoroethane
HCFC-132..............
dichlorodifluoroethane
HCFC-133..............
chlorotrifluoroethane
HCFC-141..............
dichlorofluoroethane
HCFC-142..............
chlorodifluoroethane
HCFC-151..............
chlorofluoroethane
HCFC-221..............
hexachlorofluoropropane
HCFC-222..............
pentachlorodifluoropropane
HCFC-223..............
tetrachlorotrifluoropropane
HCFC-224..............
trichlorotetrafluoropropane
HCFC-225..............
dichloropentafluoropropane
HCFC-226..............
chlorohexafluoropropane
HCFC-231..............
pentachlorofluoropropane
HCFC-232..............
tetrachlorodifluoropropane
HCFC-233..............
trichlorotrifluoropropane
HCFC-234..............
dichlorotetrafluoropropane
HCFC-235..............
chloropentafluoropropane
HCFC-241..............
tetrachlorofluoropropane
HCFC-242..............
trichlorodifluoropropane
HCFC-243..............
dichlorotrifluoropropane
HCFC-244..............
chlorotetrafluoropropane
HCFC-251..............
trichlorofluoropropane
HCFC-252..............
dichlorodifluoropropane
HCFC-253..............
chlorotrifluoropropane
HCFC-261..............
dichlorofluoropropane
HCFC-262..............
chlorodifluoropropane
HCFC-271..............
chlorofluoropropane
  
(b)All isomers and mixtures containing any of the above.
CLASS III
(Other Halocarbons:
Hydrofluorocarbons, Perfluorocarbons)
1Hydrofluorocarbons (HFCs)
(a)
HFC-23..............
trifluoromethane
HFC-32..............
difluoromethane
HFC-41..............
fluoromethane
HFC-125..............
pentafluoroethane
HFC-134..............
tetrafluoroethane
HFC-143..............
trifluoroethane
HFC-152..............
difluoroethane
HFC-161..............
fluoroethane
HFC-227..............
heptafluoropropane
HFC-236..............
hexafluoropropane
HFC-245..............
pentafluoropropane
HFC-254..............
tetrafluoropropane
HFC-263..............
trifluoropropane
HFC-272..............
difluoropropane
HFC-281..............
fluoropropane
HFC-329..............
nonafluorobutane
HFC-338..............
octofluorobutane
HFC-347..............
heptafluorobutane
HFC-356..............
hexafluorobutane
HFC-365..............
pentafluorobutane
HFC-374..............
tetrafluorobutane
HFC-383..............
trifluorobutane
HFC-392..............
difluorobutane
HFC-4310..............
decafluoropentane
  
(b)All isomers and mixtures containing any of the above.
 
2Perfluorocarbons (PFCs)
(a)
FC-14..............
tetrafluoromethane
FC-116..............
hexafluoroethane
FC-218..............
octafluoropropane
RC-318..............
octafluorocyclobutane
FC-3-1-10..............
decafluorobutane
FC-4-1-12..............
dodecafluoropentane
FC-5-1-14..............
tetradecafluorohexane
FC-6-1-16..............
hexadecafluoroheptane
 
(b)All isomers and mixtures containing any of the above.
2008-66
SCHEDULE B
Repealed: 2008-66
2008-66
N.B. This Regulation is consolidated to June 30, 2008.