Definitions and interpretation

1   (1) In this regulation:

"air conditioning or refrigeration equipment" means a heat pump or air conditioning or refrigeration equipment, other than a motor vehicle air conditioner, that contains or is intended to contain an ozone depleting substance or other halocarbon;

"approved person" means a person who

(a) holds appropriate industry training credentials or is an apprentice in compliance with the Skilled Trades BC Act or, if that Act is not applicable, is qualified in the appropriate trade sector by

(i) having successfully completed a recognized program, or

(ii) having at least one year of supervised practical service experience,

(b) has successfully completed an environmental awareness course approved by Environment Canada and the minister's ministry, and

(c) has, if retrofitting motor vehicle air conditioning systems containing R-12, successfully completed a motor vehicle air conditioning course approved by the minister's ministry

unless the approval is cancelled or suspended under section 18 of the Environmental Management Act;

"chiller" means an air-conditioning system or refrigeration system that has a compressor, an evaporator and a secondary refrigerant;

"Class I substance" means a substance listed under Class I in Schedule A;

"Class II substance" means a substance listed under Class II in Schedule A;

"Class III substance" means a substance listed under Class III in Schedule A;

"Code of Practice" means the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems, as amended from time to time, published by Environment Canada;

"dispose" means to dismantle, break up or abandon;

"fixed fire extinguishing equipment" means a total flooding fire extinguishing system, a local application fire extinguishing system or a hand hose line fire extinguishing system if that system contains an ozone depleting substance;

"halon" means a substance listed under the heading "Halons" in Class I, item 2, of Schedule A;

"Halon Code of Practice" means the Code of Practice on Halons, as amended from time to time, published by Environment Canada;

"manufacturer" means

(a) a person who manufactures an ozone depleting substance in British Columbia, or

(b) an agent in British Columbia of a person who manufactures an ozone depleting substance outside British Columbia;

"mobile refrigeration system" means a refrigeration system that is installed in or normally operates in or in conjunction with or is attached to a mode of transportation such as a freight truck, rail car or ferry;

"motor vehicle air conditioner" means an air conditioning unit or system of a motor powered vehicle, whether or not it is a vehicle under the Motor Vehicle Act, if that unit or system is driven by an engine and is a mechanical vapour compression refrigerant system that provides cooling for the passenger compartment of the vehicle and contains or is intended to contain an ozone depleting substance or other halocarbon;

"other halocarbon" means a substance listed in Class III of Schedule A;

"ozone depleting substance" means a substance listed in Class I or Class II of Schedule A;

"portable fire extinguisher" means a hand-held or wheeled fire extinguisher containing an ozone depleting substance;

"recognized program" has the same meaning as in the Skilled Trades BC Act;

"recover" means to collect an ozone depleting substance or other halocarbon after it has been used, or to collect it from machinery, equipment or a container before disposal of the machinery, equipment or container;

"recycle" means to clean a recovered ozone depleting substance or other halocarbon by filtration, dehydration, distillation or other means to make it pure to a level that meets industry requirements for re-use;

"registration number" means the number issued with the approval of the minister's ministry to an approved person;

"release" means the emission of a substance into the environment but does not include emissions that occur as the direct result of an approved person connecting or disconnecting hoses or gauges to or from air conditioning or refrigeration equipment or a motor vehicle air conditioner to measure pressure or to add refrigerant to or recover refrigerant;

"retrofitting" means converting a motor vehicle air conditioning system containing R-12 to containing an alternative refrigerant;

"seller" means a person who sells an ozone depleting substance and includes, without limitation, a retailer, a supplier and a manufacturer;

"service" includes construction, installation, testing, maintenance, charging, recharging, decommissioning, removal or disposal;

"supplier" means a person or agent who brings into British Columbia an ozone depleting substance for wholesale or other distribution in British Columbia.

(2) The requirements established by this regulation are in addition to those requirements established under other municipal, Provincial or federal enactments.

[am. B.C. Regs. 109/2002, s. 1; 268/2004, s. 1; 321/2004, s. 20 (a); 4/2010, s. 3; 317/2012; 253/2022, s. 13.]

Exemption

2   (1) This regulation does not apply to a person operating an enterprise that is certified by a director to conform to a code of practice for the dismantling or recycling of motor vehicles provided the enterprise continues to comply to the code of practice.

(2) A director must not certify under subsection (1) unless satisfied that the enterprise, by conforming to the code of practice, will substantially comply with the requirements established by this regulation.

[am. B.C. Reg. 321/2004, s. 20 (b) and (c).]

Control of hydrofluorocarbons and other halocarbons

3   Sections 4 to 8, 10, 11 (2), 12 to 18, 21 and 22 apply to a container, air conditioning and refrigeration equipment, a motor vehicle air conditioner, and fire extinguishing equipment that contains or is intended to contain other halocarbons.

Release of ozone depleting substances prohibited

4   (1) A person must not release or allow or cause the release of an ozone depleting substance or other halocarbon from

(a) air conditioning or refrigeration equipment,

(b) a motor vehicle air conditioner,

(c) fire extinguishing equipment except to fight a fire that is not a fire caused for training purposes, or

(d) a container, device or equipment used in the re-use, recycling, reclaiming or storage of an ozone depleting substance

unless expressly permitted to do so by this regulation, the Code of Practice, the Halon Code of Practice or as required by other municipal, federal or Provincial enactments.

(2) Subsection (1) does not apply to air purge systems on air conditioning or refrigeration equipment

(a) before January 1, 2001, or

(b) after January 1, 2001, if high efficiency purge devices or other controls are installed and in proper operation.

(3) A person must not add an ozone depleting substance to equipment, devices or containers which are leaking.

(4) A person must not store, dispose of or destroy an ozone depleting substance in a manner which allows it to enter the environment.

Containers

5   Effective April 1, 2000, a person must not manufacture, bring into the Province, sell or offer for sale a container for ozone depleting substances unless it is an appropriate container that is refillable with those substances.

Purchase or possession of ozone depleting substances for servicing air conditioning or refrigeration equipment

6   (1) Subject to section 19 and subsection (2) of this section, only an approved person may purchase or possess an ozone depleting substance for the purpose of servicing air conditioning or refrigeration equipment or a motor vehicle air conditioner.

(2) Subject to section 19, a person may purchase an ozone depleting substance for the purpose of servicing air conditioning or refrigeration equipment or a motor vehicle air conditioner only if the person provides to the seller prior to the purchase of the ozone depleting substance

(a) satisfactory proof that the person or a person employed by a business is an approved person, and

(b) the type, model and year of manufacture of the recovery or recovery and recycling device used by the person.

(3) Subject to section 19, a person must not sell an ozone depleting substance to a person purchasing the ozone depleting substance for use in servicing air conditioning or refrigeration equipment or a motor vehicle air conditioner unless the purchaser has complied with subsection (2) of this section.

Servicing air conditioning or refrigeration equipment or motor vehicle air conditioners

7   (1) Only an approved person may service air conditioning or refrigeration equipment or a motor vehicle air conditioner.

(2) Subsection (1) does not apply to any of the following:

(a) a person decommissioning equipment that has been tagged as evacuated in accordance with section 10 (2) immediately prior to being decommissioned;

(b) a person servicing a motor vehicle air conditioner that does not contain an ozone depleting substance, if the person has met the requirements of paragraphs (a) and (b) of the definition of "approved person" in section 1 (1);

(c) a trainee or student while being supervised by an approved person.

(3) An owner of air conditioning or refrigeration equipment or a motor vehicle air conditioner must not knowingly cause the air conditioning or refrigeration equipment or a motor vehicle air conditioner to be serviced by anyone who is not an approved person.

Record of approved persons

8   The owner of a business that services air conditioning or refrigeration equipment or motor vehicle air conditioners must

(a) except as set out in subsection 7 (2), ensure that each person employed in or by the business who services air conditioning or refrigeration equipment or motor vehicle air conditioners is an approved person, and

(b) maintain and make available for inspection by an officer during normal business hours at the business premises a record of each employee who is an approved person, specifying the employee's name, registration number and date the employee successfully completed the course to become an approved person.

Record of sales

9   (1) If a purchaser purchases an ozone depleting substance other than as a component of another product, the seller of the ozone depleting substance must ensure that the purchaser provides a signed acknowledgment of receipt of the ozone depleting substance and must record in a sales log

(a) the type and amount of ozone depleting substance sold,

(b) the date of the sale,

(c) the name of the person who purchased the ozone depleting substance and, if the purchase was made on behalf of another person, the name of that other person, and

(d) if the purchaser purchased the substance to service air conditioning or refrigeration equipment, the registration number indicating that the purchaser, or if a business, an employee of the purchaser, is an approved person.

(2) The sales information referred to in subsection (1) must be retained by the seller for at least 36 months and be available for inspection on request by an officer at the seller's normal place of business.

Labelling and record keeping

10   (1) A person must not manufacture, bring into the Province, sell, offer for sale or install new air conditioning or refrigeration equipment, a new motor vehicle air conditioner or fixed fire extinguishing equipment that is not labelled with a permanently affixed and legible label or tag stating the quantity and type of substance contained in the equipment.

(2) A person who evacuates an ozone depleting substance from, or charges or recharges with an ozone depleting substance, air conditioning or refrigeration equipment or fixed fire extinguishing equipment must record on a permanently affixed and legible label or tag and in a service log

(a) the results of any leak tests,

(b) the type and amount of ozone depleting substance added or evacuated,

(c) that the equipment or vehicle does not contain an ozone depleting substance if evacuated,

(d) the date the substance was added or evacuated, and

(e) the name and registration number of the person who performed the charging, recharging or evacuation and, if that person performed the charging, recharging or evacuation as an employee or agent of a business, the name of that business.

(3) The service log referred to in subsection (2) must

(a) chronologically record, over the preceding 36 months, service calls during which equipment was charged or recharged and incidents of leaks detected, and

(b) be maintained and available for inspection on request by an officer at the service person's normal place of business.

Ozone depleting substances may not be added for leak testing

11   (1) Despite section 4 or the Code of Practice, a person must not add an ozone depleting substance to any equipment, device or container for the purpose of leak testing it.

(2) A person must not charge or recharge any equipment or device with an ozone depleting substance unless it has first been leak tested.

(3) A person must not charge or recharge any refillable container with an ozone depleting substance unless containers of that type have been regularly spot-checked for leaks.

Seller take-back of ozone depleting substances

12   (1) If a person who purchased an ozone depleting substance returns the ozone depleting substance during normal business hours

(a) to the seller from which it was purchased,

(b) at the seller's normal place of business, and

(c) in a container designed to contain that substance,

the seller must accept the substance and store it until the seller can deliver it to a person who manufactures, recycles, converts or destroys the ozone depleting substance.

(2) Subsection (1) does not apply to a Class I, II or III substance that has been mixed with one or more other substances so that the mixture is a hazardous waste.

(3) A seller must

(a) prepare and retain at the seller's normal place of business a plan for accepting an ozone depleting substance returned for recycling, conversion or destruction, or

(b) participate in a stewardship program.

(4) A plan under subsection (3) (a) and a stewardship program under subsection (3) (b) must do all the following:

(a) demonstrate how ozone depleting substances will be effectively collected and stored;

(b) demonstrate how the returned ozone depleting substances will be disposed of in an environmentally responsible manner;

(c) provide for keeping records relating to returned substances.

[en. B.C. Reg. 268/2004, s. 2; am. B.C. Reg. 321/2004, s. 20 (d).]

Service persons must have proper devices

13   A person must not service air conditioning or refrigeration equipment unless that person uses a device for the recovery or recovery and recycling of the ozone depleting substance which meets or exceeds the performance standards set out in Schedule B to prevent the release of the ozone depleting substance into the environment.

Equipment to be serviced in accordance with the Code of Practice

14   Any person who services air conditioning or refrigeration equipment must do so in accordance with the Code of Practice.

Disposal of air conditioning or refrigeration equipment

15   Unless the ozone depleting substances in air conditioning or refrigeration equipment or a container are recovered using devices or methods that meet the performance standards set out in Schedule B, a person must not dispose of the air conditioning, refrigeration equipment or container except by delivery of the air conditioning, refrigeration equipment or container to a site or facility pursuant to the terms of any applicable federal, Provincial or municipal program for the removal of ozone depleting substances from such equipment or container.

Standards for servicing motor vehicle air conditioners

16   A person must not service a motor vehicle air conditioner except in the manner set out in

(a) the Code of Practice, and

(b) the Society of Automotive Engineers (SAE) Standard J1989 or J2211, as amended from time to time.

[am. B.C. Reg. 268/2004, s. 3.]

Motor vehicle air conditioner service persons must have proper devices

17   A person must not service a motor vehicle air conditioner unless the person uses a device to prevent the release of the ozone depleting substance that meets or exceeds Society of Automotive Engineers (SAE) Standard J1990, J2209, or J2210, as amended from time to time, or is certified to perform similarly by an independent professional engineer registered to practise in British Columbia.

[am. B.C. Reg. 268/2004, s. 4.]

Ozone depleting substances must be recovered prior to disposal of equipment

18   A person must not dispose of a motor vehicle air conditioner or a motor vehicle containing a motor vehicle air conditioner unless the ozone depleting substance in the air conditioner is recovered using a device described in section 17.

Motor vehicle air conditioners not to be charged or recharged with an ozone depleting substance

19   A person must not charge or recharge a motor vehicle air conditioner with an ozone depleting substance.

Manufacturing, bringing into the Province or selling prohibited

20   A person must not manufacture, bring into the Province or sell a motor vehicle of model year 1995 or newer which has an air conditioning unit that contains an ozone depleting substance as a refrigerant.

Equipment to be serviced in accordance with the Halon Code of Practice

21   Any person who services fire extinguishing equipment containing or intended to contain an ozone depleting substance must do so in accordance with the Halon Code of Practice, and for this purpose other halocarbons are deemed to be halons.

Disposal of fire extinguishing equipment

22   A person must not dispose of fixed fire extinguishing equipment or a portable fire extinguisher unless the ozone depleting substance is recovered using devices or methods that meet the performance standards set out in Schedule B.

Repealed

23   Repealed. [B.C. Reg. 268/2004, s. 2.]

Portable fire extinguishers

24   Except for use in aircraft and military equipment, a person must not manufacture, recharge, bring into the Province, sell, offer for sale or supply a portable fire extinguisher containing an ozone depleting substance.

Servicing equipment containing Halon 1211 and 1301

25   A person must not service fire extinguishing equipment containing Halon 1211 or Halon 1301 unless the person uses a device for the recovery or recovery and recycling of Halon 1211 or Halon 1301 which meets or exceeds the latest edition of Underwriters Laboratory of Canada Standard ULC/ORD-C1058.5, or which is certified to perform similarly by an independent professional engineer registered to practise in British Columbia.

Sterilants and diluents

26   A person must not use a Class I substance to dissolve other substances for the purposes of cleaning or as a diluent for a sterilant.

Phase out of ozone depleting substances

27   (1) Effective 6 months after the date this section comes into force, a person must not charge, or permit the charging of, a mobile refrigeration system with any Class I substance.

(2) A person must not charge, or permit the charging, with any Class I substance, of the following systems:

(a) effective January 1, 2006, a refrigeration system with a capacity of 4 KW or less;

(b) effective January 1, 2007, a refrigeration system with a capacity greater than 4 KW and less than 22 KW;

(c) effective January 1, 2008, a refrigeration system with a capacity of 22 KW or more;

(d) effective January 1, 2006, all air conditioning systems.

(3) Subsection (2) does not apply to a chiller, a household refrigerator, a household freezer or a water cooler.

(4) Effective January 1, 2005, a person must not charge or permit the charging of a chiller with any Class I substance if the chiller has undergone an overhaul that includes the following procedure or repair:

(a) the replacement or modification of an internal sealing device;

(b) the replacement or modification of an internal mechanical part other than

(i) an oil heater,

(ii) an oil pump,

(iii) a float assembly, or

(iv) a vane assembly in the case of a chiller with a single-stage compressor;

(c) any procedure or repair that resulted from the failure of an evaporator or a condenser heat-exchange tube.

(5) Despite subsection (4), during the period January 1, 2005 to December 31, 2014, a person may charge or permit the charging of a chiller with a Class I substance, but the person must not operate that chiller later than one year after the charging unless it no longer contains a Class I substance.

(6) The owner of a chiller referred to in subsection (5) must provide written notice to a director within 30 days after the chiller is charged.

(7) On and after January 1, 2015, a person must not charge or permit the charging of a chiller with any Class I substance.

(8) During the period January 1, 2005 to December 31, 2009, a person may charge or permit the charging of fixed fire extinguishing equipment with a Class I substance subject to the following restrictions:

(a) the fixed fire extinguishing equipment may be charged with a Class I substance one time only;

(b) within one year after the charging described in paragraph (a),

(i) the fixed fire extinguishing equipment must be replaced with equipment that does not require the use of a Class I substance, or

(ii) the fixed fire extinguishing equipment must be recharged with a substance that is not a Class I substance.

(9) A person is exempt from the restrictions in subsection (8) (a) and (b) if the charging is necessary to prevent an immediate danger to human life or health.

(10) Effective January 1, 2010, a person must not charge or permit the charging of fixed fire extinguishing equipment with any Class I substance.

[en. B.C. Reg. 268/2004, s. 2; am. B.C. Regs. 321/2004, s. 20 (b); 220/2006, Sch. s. 2.]

Release reporting

28   A person must report a release of an ozone depleting substance, other halocarbon or any mixtures of ozone depleting substances or other halocarbons in excess of 10 kilograms except

(a) carbon tetrachloride or dibromodifluoromethane in excess of one kilogram, or

(b) trichloroethane in excess of 5 kg,

in accordance with the notification procedures set out in the Spill Reporting Regulation.

Enforcement

29   (1) A person who contravenes section 5, 8, 9 or 10 of this regulation is liable to a fine not exceeding $50 000.

(2) A person who contravenes any section of this regulation not listed in subsection (1) is liable to a fine not exceeding $200 000.

1   CFCs (chlorofluorocarbons)

(a) current commercially used CFCs

CFC-11, trichlorofluoromethane, R-11

CFC-12, dichlorodifluoromethane, R-12

CFC-13, chlorotrifluoromethane, R-13

CFC-111, pentachlorofluoroethane, R-111

CFC-112, tetrachlorodifluoroethane, R-112

CFC-113, trichlorotrifluoroethane, R-113

CFC-114, dichlorotetrafluoroethane, R-114

CFC-115, chloropentafluoroethane, R-115

(b) all other CFCs, and

(c) all isomers and mixtures containing any of the above.

2   Halons

(a) Halon-1211, also known as bromochlorodifluoromethane,

Halon-1301, also known as bromotrifluoromethane,

Halon-2402, also known as dibromotetrafluoroethane,

(b) all other bromofluorocarbons and bromochlorofluorocarbons, and

(c) all isomers and mixtures containing any of the above.

3   Chlorocarbons

(a) trichloroethane also known as methylchloroform, R-140

tetrachloromethane also known as carbon tetrachloride, R-10, and

(b) all isomers and mixtures containing any of the above.

1   HCFC-21, dichlorofluoromethane, R-21

HCFC-22, chlorodifluoromethane, R-22

HCFC-31, chlorofluoromethane, R-31

HCFC-121, tetrachlorofluoroethane, R-121

HCFC-122, trichlorodifluoroethane, R-122

HCFC-123, dichlorotrifluoroethane, R-123

HCFC-124, chlorotetrafluoroethane, R-124

HCFC-131, trichlorofluoroethane, R-131

HCFC-132, dichlorodifluoroethane, R-132

HCFC-133, chlorotrifluoroethane, R-133

HCFC-141, dichlorofluoroethane, R-141

HCFC-142, chlorodifluoroethane, R-142

HCFC-151, chlorofluoroethane, R-151

HCFC-221, hexachlorofluoropropane, R-221

HCFC-222, pentachlorodifluoropropane, R-222

HCFC-223, tetrachlorotrifluoropropane, R-223

HCFC-224, trichlorotetrafluoropropane, R-224

HCFC-225, dichloropentafluoropropane, R-225

HCFC-226, chlorohexafluoropropane, R-226

HCFC-231, pentachlorofluoropropane, R-231

HCFC-232, tetrachlorodifluoropropane, R-232

HCFC-233, trichlorotrifluoropropane, R-233

HCFC-234, dichlorotetrafluoropropane, R-234

HCFC-235, chloropentafluoropropane, R-235

HCFC-241, tetrachlorofluoropropane, R-241

HCFC-242, trichlorodifluoropropane, R-242

HCFC-243, dichlorotrifluoropropane, R-243

HCFC-244, chlorotetrafluoropropane, R-244

HCFC-251, trichlorofluoropropane, R-251

HCFC-252, dichlorodifluoropropane, R-252

HCFC-253, chlorotrifluoropropane, R-253

HCFC-261, dichlorofluoropropane, R-261

HCFC-262, chlorodifluoropropane, R-262

HCFC-271, chlorofluoropropane, R-271.

2   All other hydrochlorofluorocarbons not specifically listed.

3   All mixtures containing any of the above.

1   Hydrofluorocarbons

HFC-23, trifluoromethane, R-23

HFC-32, difluoromethane, R-32

HFC-125, pentafluoroethane, R-125

HFC-134, tetrafluoroethane, R-134

HFC-143, trifluoroethane, R-143

HFC-152, difluoroethane, R-152

HFC-161, monofluoroethane, R-161

HFC-281, fluoropropane, R-281

HFC-272, difluoropropane, R-272

HFC-263, trifluoropropane, R-263

HFC-254, tetrafluoropropane, R-254

HFC-245, pentafluoropropane, R-245

HFC-236, hexafluoropropane, R-236

HFC-227, heptafluoropropane, R-227.

2   Perfluorocarbons

FC-14, tetrafluoromethane

FC-116, hexafluoroethane

FC-218, octafluoropropane

FC-3-1-10, decafluorobutane

FC-4-1-12, dodecafluoropentane

FC-5-1-14, tetradecafluorohexane.

3   All other hydrofluorocarbons and perfluorocarbons not specifically listed.

4   All mixtures containing any of the above.

1   Devices for the recovery or recovery and recycling of an ozone depleting substance or other halocarbon designed to be used with the type of air conditioning or refrigeration equipment or fire extinguishing equipment listed in Column 1 of Table 1 must be capable of ensuring removal of the ozone depleting substance or other halocarbon from the equipment being serviced by reducing the system pressure, below atmosphere, to the level listed in Column 2 of Table 1 opposite the type of equipment if the device was purchased before January 1, 1994 or to the level listed in Column 3 if the device was purchased on or after January 1, 1994.

2   Devices for recovery or recovery and recycling intended for use with small appliances that contain an ozone depleting substance in their cooling systems such as household refrigerators, household freezers and water coolers, must recover a minimum of 90% of the refrigerant in the cooling system of the appliance or remove the refrigerant to a pressure of 506 000 micrometers of mercury (10 inches of mercury vacuum). Devices for recovery and recycling intended for use with small appliances that do not have an operational compressor must recover a minimum of 80% of the refrigerant in the cooling system of the appliance or remove the refrigerant to a pressure of 506 000 micrometers of mercury (10 inches of mercury vacuum).