4.3 Manitoba Ozone Depleting Substances Act

Manitoba Ozone Depleting Substances Act

The Manitoba Ozone Depleting Substances Act was proclaimed into force by the Manitoba Legislature in 1992.

The Act recognizes that the escape of ODS is harmful to the health of the public and the environment in Manitoba.

The purpose of the Manitoba Ozone Depleting Substances Act is to reduce and eventually eliminate the release of ozone depleting substances and halocarbon replacements/alternatives into the atmosphere.

Fines for violators of the Act

Individuals

Upon the first offence for an individual, a fine not exceeding $50,000 or imprisonment not exceeding six months or both.

Upon the second offence for an individual, a fine not exceeding $100,000 or imprisonment not exceeding one year, or both.

For each day the offence occurs, from the day the person was charged, a fine not exceeding $1,000 a day may be levied.

Corporations

 Upon the first offence for a corporation, a fine not exceeding $500,000.

 Upon the second offence for a corporation, a fine not exceeding $1,000,000.

 For each day the offence occurs, from the day the corporation was charged, a fine not exceeding $10,000 a day may be levied.

Manitoba Ozone Depleting Substances and Other Halocarbons Regulation 103/94

In Manitoba, persons working with ODS’s, halocarbons and regulated parts connected to the closed refrigerant loop are required to follow the procedures set out in the Manitoba Regulation 103/94.

Persons working in other jurisdictions should become familiar with requirements for a particular area.

Across Canada, provincial, territorial and the federal government have enacted specific legislation for ODS for their jurisdictions.

The following is a summary of some of the key components of the Manitoba Regulation:

  • Annual renewal of each technician’s certification
  •  Record keeping and labelling by persons servicing air conditioning and refrigerating equipment
  •  The mandatory recovery and recycling of designated CFCs, HCFCs, HFCs and halons
  • A restriction on the sale and recharging of halon based fire extinguishing systems
  • Restrictions on the use of ODS for cleaning purposes (sterilization)
  • Permit requirements for equipment (i.e. chillers, halon systems)
  • Decommissioning requirements for equipment

All persons that purchase, use and handle regulated refrigerants or work on closed-loop systems must be certified under this regulation.

MOPIA maintains the certification database and issues annual renewals.

Certified persons will be issued a wallet certificate that must be renewed annually.

The Regulation includes some of the following areas or topics:

  • Definitions and applications
  • Releases prohibited
  • Installation service and repair of equipment
  • Use, disposal, and storage of ozone-depleting substances
  • Sales of ozone-depleting substances and halocarbons
  • Trained service technicians and secondary distributors
  • Other general provisions

It is the responsibility of all persons to comply with the Regulation.