Ozone depleting substances and other halocarbons regulation in New Brunswick

The provincial Ozone Depleting Substances and Other Halocarbons Regulation is part of a global effort to protect the ozone layer—Earth's only natural sunscreen. A major threat comes from a group of synthetic chemicals known as ozone depleting substances and other halocarbons.

To address this, the regulation bans most releases of these substances and controls their sale, storage, use, and handling. It also sets out certification and other requirements for individuals who work with them. While the regulation most directly impacts the air conditioning and refrigeration industries, its provisions apply to everyone.

Ozone depleting substances are commonly used in refrigerators, freezers, air conditioners, fire extinguishers and for some medical and manufacturing purposes. New Brunswick no longer allows non-essential uses of these substances, and the goal is to phase out all use, over time, as safer alternatives are found. Other halocarbons that are not ozone depleting but have a high global warming potential are subject to a phasing down over time of the amount available for use.

In general, no release is allowed in the province, either deliberate or accidental.

Non-essential use in products and equipment such as plastic foam and rigid insulation, aerosols, packaging, air conditioners and most new fire extinguishers is not permitted.

Aerosol propellants - No ozone depleting substances can be used as a propellant in products brought into, made, sold or used in the province.

Car air conditioning - CFC (Chlorofluorocarbon) refrigerants contain carbon, chlorine, and fluorine. They were widely used in refrigeration and air conditioning systems before being phased out due to their significant impact on the ozone layer.  Since 1996, all new cars with air conditioning must use non-CFC refrigerants. Existing equipment containing CFCs can be used if it works properly and is maintained to prevent leaks. No CFCs can be added to any automotive air conditioner for any purpose.

Only those fire protection systems sold or in use in New Brunswick before October 4, 1992, can contain a substance that has an ozone depletion potential greater than 0.05. No system can be "topped up" or replaced with such a substance without the permission of the minister. These rules apply to both portable extinguishers and larger fixed systems. The only exceptions are systems for fire protection of aircraft, military tactical vehicles and military boats or ships.

• Reporting releases - An owner of a fixed fire suppression system containing an ozone depleting substance must report any releases to the minister within two weeks of the event. The report must be in writing, on forms provided by the department. This is required whether the release happened by accident or in fighting a fire.
• Reporting supplies - An owner of one or more fire protection devices that contain over 4 kilograms of ozone depleting substances must notify the minister of that fact. 

Packaging, wrapping and containers - No packaging products in New Brunswick, including food and beverage containers, can contain or be made by a process that uses any Class 1 ozone depleting substance. 

Plastic foam and rigid insulation - Plastic foam and rigid insulation cannot contain any Class 1 ozone depleting substance or be made by a process that uses these substances. No products that contain such foam or insulation can be brought into New Brunswick, or made, sold, or used here. This does not include home refrigerators and freezers that were in the province before 1996 and other types of products that were in the province before 1994.

Only a technician certified by the minister of the Environment can legally buy or work with ozone depleting substances.

To be certified, technicians must complete a one-day course on ozone depletion and refrigerant recovery in addition to trades training. The environmental awareness training complements, but does not replace trade qualifications. Certified technicians are issued a wallet card with their certification number and must show that identification on request.

Certified technicians must comply with the Environmental Code of Practice, with the Clean Air Act and with the regulations. Business owners are responsible for making sure that they and their employees all follow the code and the law.

Certified technicians who handle ozone depleting substances and other halocarbons must keep written records of each time they:

• recover a total of more than one kilogram of ozone depleting substances from equipment in one day
• send a total of more than one kilogram of used ozone depleting substances to be stored, reclaimed or destroyed
• transport, receive or transfer a total of more than five kilograms of used ozone depleting substances

The record must show:

• the date of the event
• the source of the ozone depleting substance
• its exact type and amount
• what was done with it

A summary of these records must be sent to the minister twice a year and the original records must be retained for at least two years.

No ozone depleting substance or other halocarbons can be used as flushing or purging gas in any equipment.

No equipment can be recharged or topped up with an ozone depleting substance unless it has first been tested for leaks and all leaks have been repaired.

Equipment with a motor rating of 3.00 horsepower or 2.24 kilowatts or more (such as restaurant refrigerators and rooftop air conditioners) except domestic heat pumps, must be tested for leaks at least once each year. No ozone depleting substance or other halocarbons can be added to an untested system or added during a leak test, except according to leak test guidelines.

Leak tests must be done by a certified technician, or by an apprentice supervised by a certified technician. Within six months, the technician or apprentice must send a written record of the leak test results to the minister, using forms provided by the department.

Any leaks that are found must be promptly repaired. Otherwise, the remaining ozone depleting substance must be removed and the equipment labelled to indicate that it cannot be recharged with an ozone depleting substance.

Ozone depleting substances recovered from equipment must be transported promptly to an approved wholesaler, or, as soon as possible, be reclaimed, recycled, or reused in the equipment it came from.

If this cannot be done, the person who recovered or possesses the material used must notify the minister within six months. Used materials must be properly stored and handled to prevent accidental release.

No one can mix or contaminate used ozone depleting substance with any substance or other ozone depleting substance or otherwise alter it such that it can no longer be reclaimed, recycled or reused.

All ozone depleting substances and other halocarbons must be recovered from equipment that is to be discarded or dismantled. The equipment must then be disabled and properly labelled by a certified technician with an official disposal label provided by the department to show that it cannot be recharged with an ozone depleting substance or other halocarbon. Certified technicians can obtain disposal labels by contacting the Department at 506-453-7945 or via email at [email protected] .

This does not apply to home refrigerators, freezers, heat pumps and air conditioners owned and used by an individual, or to equipment repaired within four months.

All pressurized containers intended to hold recovered ozone depleting substances must be reusable, except for charging cylinders, temporary collection containers and those pressurized containers in use in New Brunswick before October 4, 1992.

Under the Clean Air Act, the Department of Environment and Local Government may inspect or audit any sellers and buyers of ozone depleting substances. They must demonstrate ozone depleting substance certification and maintain records of purchases and uses.

The minister may issue warnings and orders directing corrective actions, such as reducing or eliminating the release of a contaminant into the environment. If the terms of a permit or certificate are not followed, they have the authority to suspend or revoke it. Although the legislative authority rests with the minister, departmental staff acting on their behalf carry the same weight of authority and should be regarded accordingly. Anyone who violates the act, the regulation, or an official order may be prosecuted.

If convicted of an offence under this regulation, individuals may be fined up to $50,000. Corporations may be fined up to $1,000,000.

Applications and requests related to ozone depleting substances and other halocarbons certification, including updates, certificate transfers and replacement cards.

Environmental code of practice for the elimination of fluorocarbons emissions from refrigeration and air conditioning systems

The ozone depleting substances and other halocarbons regulation (97-132) - Clean Air Act requires that any person buying or selling those substances must apply for and obtain a permit to buy or sell.

This applies to any person who is certified to handle and wishing to buy or sell ozone depleting substances and other halocarbons in New Brunswick.

The following are the major services that are provided through the ozone depleting substances program: 

• application review
• permit development and issuance
• compliance verification

Individuals can fill, print and drop off their completed form at any Service New Brunswick location or do it online through the links below:

• Permit to buy - ozone depleting substances and other halocarbons
• Permit to sell - ozone depleting substances and other halocarbons