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The Minister of Environment and Climate Change has finally set proceeded with new regulation of hydrofluorocarbons (HFCs) with the issuance of reporting obligation under the Notice With Respect to Hydrofluorocarbons in Bulk (Notice“) pursuant to the Canadian Environmental Protection Act.

The Notice sets out that the manufacture, import and export of HFCs or mixtures containing HFCs in bulk trigger reporting requirements for any reportable substances (“Listed Substances“) set out in the Notice. The Notice applies to any enterprise whichin 2015:

  • manufactured more than 100 kg of any Listed Substance;
  • imported more than 100 kg of a Listed Substance, whether alone or in a mixture, at a concentration equal to or above 1% by weight; or
  • exported more than 100 kg of a Listed Substance, whether alone or in a mixture, at a concentration equal to or above 1% by weight

Listed Substances are commonly found in household products including:

  • refrigerators,
  • freezers,
  • air conditioners,
  • heat pumps,
  • foams,
  • aerosol spray cans,
  • fire suppression and extinguishing systems, and
  • compressed air sprayers.

The Notice relates only to calendar year 2015 and must include Listed Substance total quantities and concentrations. The HFC Notice also exempts Listed Substances where they are:

  •  in transit through Canada;
  • contained in a hazardous waste or hazardous recyclable material within the meaning of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations and that was imported in 2015 pursuant to a permit issued under those regulation; or
  • contained in manufactured items such as vehicles, and the household products listed above.

There is a confidentiality option when properly claimed and supply chain parties may also make blind submissions to preserve proprietary formulas. Reponses to the Notice must be provided no later than August 10, 2016 at 3 p.m. EST.

Extensions are available but must be obtained by August 10th, 2016 reporting deadline and will not be granted retroactively.


Jonathan Cocker heads Baker McKenzie’s Environment & Environmental Markets Practice Group in Toronto, where he also serves as chair of the Pro Bono Committee. He authored the Global Climate Change Law Guide, and has worked with the Management Board Secretariat of the Government of Ontario. Mr. Cocker has represented a wide range of clients before various administrative boards, the Superior Court of Justice and the Federal Court of Canada, among others.