The Ozone-depleting Substances Control Act, 1993

Transcription

1 1 OZONE-DEPLETING SUBSTANCES CONTROL, 1993 O-8.1 The Ozone-depleting Substances Control Act, 1993 Repealed by Chapter E of the Statutes of Saskatchewan, 2002 (effective October 1, 2002). Formerly Chapter O-8.1 of the Statutes of Saskatchewan, 1993 (effective May 4, 1993). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 O-8.1 OZONE-DEPLETING SUBSTANCES CONTROL, 1993 Table of Contents 1 Short title 2 Interpretation 3 Application 4 Crown is bound 5 Prohibition re propellants 6 Prohibition re packaging, etc. 7 Prohibition re prescribed products 8 Prohibition re offer for sale 9 Collection, recycling and disposal 10 Code to be followed 11 Prohibition re repair of equipment, etc. 12 Control orders 13 Injunction 14 Regulations 15 Offence and penalty 16 S.S , c.o-8 repealed

3 3 OZONE-DEPLETING SUBSTANCES CONTROL, 1993 O-8.1 CHAPTER O-8.1 An Act respecting the Manufacture, Sale, Use, Consumption, Collection, Storage, Recycling and Disposal of Ozone-depleting Substances and Products Short title 1 This Act may be cited as The Ozone-depleting Substances Control Act, Interpretation 2 In this Act: (a) minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (b) ozone-depleting substance means a substance or product that, after its release into the atmosphere, is capable, alone or in combination with other substances or products of similar kind, of depleting the amount of ozone in the stratosphere; (c) prescribed means prescribed in the regulations. 1993, c.o-8.1, s.2. Application 3(1) Subject to subsections (2) and (3), this Act applies to the following ozonedepleting substances: (a) CFC-11, also known as fluorotrichloromethane; (b) CFC-12, also known as dichlorodifluoromethane; (c) CFC-113, also known as 1,1,2-trichloro-1,2,2-trifluoroethane; (d) CFC-114, also known as 1,2-dichloro-1,1,2,2-tetrafluoroethane; (e) CFC-115, also known as 1-chloro-1,1,2,2,2-pentafluoroethane; (f) Halon-1211, also known as bromochlorodifluoromethane; (g) Halon-1301, also known as bromotrifluoromethane; (h) Halon 2402, also known as dibromotetrafluoroethane; and (i) any prescribed ozone-depleting substances. (2) This Act does not apply to ozone-depleting substances that: (a) are made or used in health care or animal applications including bronchial dilators, inhalable steroids, topical anaesthetics and veterinary powder wound sprays; (b) are made or used for any purpose exempted in the regulations.

4 4 O-8.1 OZONE-DEPLETING SUBSTANCES CONTROL, 1993 (3) This Act does not apply to individuals with respect to their personal use or consumption of ozone-depleting substances. 1993, c.o-8.1, s.3. Crown is bound 4 The Crown is bound by this Act. 1993, c.o-8.1, s.4. Prohibition re propellants 5 No person shall manufacture, offer for sale, sell, use or consume any product containing an ozone-depleting substance that acts as a propellant. 1993, c.o-8.1, s.5. Prohibition re packaging, etc. 6 No person shall manufacture, offer for sale or sell any packaging, wrapping or container that contains an ozone-depleting substance or is manufactured by a process that uses an ozone-depleting substance. 1993, c.o-8.1, s.6. Prohibition re prescribed products 7(1) On and after a prescribed day, no person: (a) shall use those ozone-depleting substances that are identified in the regulations for the purposes of this clause in the manufacturing of any prescribed product; (b) shall use those ozone-depleting substances that are identified in the regulations for the purposes of this clause in a prescribed manner for a prescribed purpose; (c) shall release those ozone-depleting substances that are identified in the regulations for the purposes of this clause into the atmosphere; or (d) subject to subsection (2), shall purchase those ozone-depleting substances that are identified in the regulations for the purposes of this clause for a prescribed purpose. (2) Clause (1)(d) does not apply to those persons who are certified in accordance with the regulations. 1993, c.o-8.1, s.7. Prohibition re offer for sale 8 On and after a prescribed day, no person shall offer for sale or sell any ozonedepleting substance or any prescribed product that contains an ozone-depleting substance that is identified in the regulations for the purposes of this section. 1993, c.o-8.1, s.8.

5 5 OZONE-DEPLETING SUBSTANCES CONTROL, 1993 O-8.1 Collection, recycling and disposal 9(1) On and after a prescribed day, where any ozone-depleting substance is to be replaced, every person who is replacing the substance shall: (a) collect, store and recycle it in accordance with the regulations; or (b) collect and dispose of it in accordance with the regulations. (2) On and after a prescribed day, every person who is in possession of a prescribed product containing an ozone-depleting substance that is identified in the regulations for the purposes of this subsection shall collect and recycle that substance in accordance with the regulations. 1993, c.o-8.1, s.9. Code to be followed 10 On and after a prescribed day, no person shall install, maintain, service or repair any prescribed equipment that contains or may contain ozone-depleting substances except in accordance with: (a) any relevant code as amended from time to time or otherwise, standard or law adopted by the regulations; and (b) any prescribed provisions. 1993, c.o-8.1, s.10. Prohibition re repair of equipment, etc. 11 On and after a prescribed day, no person shall install, maintain, service or repair any prescribed equipment that contains or may contain ozone-depleting substances unless: (a) the person is certified in the proper recovery and recycling procedures in accordance with the regulations; and (b) the person maintains records in any manner that may be required by the regulations. 1993, c.o-8.1, s.11. Control orders 12(1) The minister may issue a control order to any person who: (a) services or repairs equipment that contains or may contain an ozonedepleting substance; (b) owns, possesses or uses an ozone-depleting substance; or (c) manufactures, offers for sale or sells an ozone-depleting substance. (2) In a control order, the minister may require the person to whom it is issued to do any one or more of the following: (a) refrain from leaking, emitting or discharging an ozone-depleting substance;

6 6 O-8.1 OZONE-DEPLETING SUBSTANCES CONTROL, 1993 (b) install, repair, service, replace or alter any equipment that is designed to control or eliminate the emission of an ozone-depleting substance; (c) refrain from removing, repairing, servicing, replacing or altering any equipment that is designed to control or eliminate the emission of an ozonedepleting substance; (d) remove or release an ozone-depleting substance from a container; (e) store an ozone-depleting substance in the manner specified in the order. (3) The minister may, by a further order, replace, revoke, amend or vary a previous control order. (4) A person to whom a control order is directed shall comply with the order immediately on receipt of a copy of the order unless the control order specifies a future day on and from which the order is to be complied with. 1993, c.o-8.1, s.12. Injunction 13(1) The minister may apply, by notice of motion, to Her Majesty s Court of Queen s Bench for Saskatchewan for a final order enjoining any person from proceeding contrary to this Act, the regulations or a control order, and the court may make an order on any terms and conditions that it considers appropriate. (2) With respect to an application pursuant to subsection (1), the court may make any order for interim relief that it considers appropriate. 1993, c.o-8.1, s.13. Regulations 14(1) For the purpose of carrying out this Act according to its intent, the Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act; (b) prescribing ozone-depleting substances for the purposes of clause 3(1)(i); (c) identifying ozone-depleting substances, whether mentioned in clauses 3(1)(a) to (h) or in the regulations, for the purposes of a provision of this Act; (d) exempting from the application of this Act or any provision of this Act any ozone-depleting substance used for a specified purpose; (e) for the purposes of any provision of this Act that prohibits any action or that requires any action to be carried out, on and after a prescribed day, prescribing that day; (f) prescribing the manner in which or the purposes for which any ozonedepleting substance may be used;

7 7 OZONE-DEPLETING SUBSTANCES CONTROL, 1993 O-8.1 (g) prescribing and governing the manner in which any ozone-depleting substance is to be collected, stored, recycled, destroyed or disposed of, and prohibiting the collection, storage, recycling, destruction or disposal of the substance in any other manner; (h) respecting the training and certification of persons who install, maintain, service, alter, replace or repair equipment that contains or may contain ozonedepleting substances in the proper recovery, recycling or handling procedures; (i) adopting, in whole or in part, as amended from time to time or otherwise, any relevant code, standard or law and requiring compliance with that code, standard or law; (j) prescribing and requiring the payment of fees that are to be paid with respect to any matter that is regulated pursuant to this Act; (k) requiring any records to be maintained and prescribing the manner in which those records are to be maintained; (l) respecting and requiring the use of any labels to be placed on any equipment or thing that contains an ozone-depleting substance; (m) prescribing any other matter or thing required or authorized by this Act to be prescribed in the regulations; (n) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. (2) Except in circumstances that are considered by the Lieutenant Governor in Council to be an emergency, the Lieutenant Governor in Council shall seek advice and recommendations from the public on any proposed regulation or on any proposed amendment to a regulation made under this Act. 1993, c.o-8.1, s.14. Offence and penalty 15(1) Every person who contravenes any provision of this Act or the regulations is guilty of an offence and liable on summary conviction to: (a) a fine of not more than $1,000,000; (b) imprisonment for a term of not more than three years; or (c) both the fine mentioned in clause (a) and the imprisonment mentioned in clause (b). (2) No prosecution with respect to any alleged offence pursuant to this Act or the regulations is to be commenced after two years from the day of the commission of the alleged offence. 1993, c.o-8.1, s.15.

8 8 O-8.1 OZONE-DEPLETING SUBSTANCES CONTROL, 1993 S.S , c.o-8 repealed 16 The Ozone-depleting Substances Control Act is repealed. 1993, c.o-8.1, s.16. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 1997