ECCC Concludes: No ODSHAR Amendments Needed Now
Environment and Climate Change Canada (ECCC), has now confirmed what was previously written in a recent edition of the HRAI’s newsletter, In the Air, determining that there is no need to amend the Ozone-Depleting Substances and Halocarbon Alternatives Regulation (ODSHAR) at this time.
ODSHAR implements Canada's obligations under the Montreal Protocol, including the Kigali Amendment's phasedown of hydrofluorocarbons (HFCs). The Regulations control the import, export, manufacture and certain uses of HFCs and ozone-depleting substances, and restrict the import and manufacture of certain products and equipment containing, or designed to contain, these substances.
During its review of ODSHAR, ECCC considered additional product controls and lower global-warming-potential limits, including measures that would bring Canadian requirements into closer alignment with US-restrictions on equipment using higher-GWP refrigerants such as R-410A.
ECCC announced its conclusion in a recently published What We Heard report summarizing input received through its 2024 regulatory review. Written comments were accepted between July 2 and August 9, 2024. ECCC has posted this report on its website (available through this link). A full report will be posted on the ECCC website at a later date.
ECCC cited two principal findings in support of maintaining the current Regulations:
The HFC consumption phasedown and transition toward lower-global-warming-potential (GWP) alternatives are progressing well, despite differences between Canada's controls and those established in other jurisdictions.
Canada is meeting its obligations under the Montreal Protocol. Since the HFC phasedown began in 2019, Canada's reported HFC consumption has consistently remained below the maximum permitted level.
ECCC indicated that it may take other actions to address issues identified during the review, including developing additional guidance, and that any future regulatory action will depend on its regulatory agenda.
HRAI had previously encouraged ECCC to update ODSHAR to maintain closer alignment with U.S. rules governing the transition to lower-GWP refrigerants. ECCC's consultation report acknowledges that many refrigeration and air-conditioning industry respondents identified differences between Canadian and U.S. GWP limits, product definitions and compliance deadlines. Respondents indicated that greater alignment could reduce costs, improve production efficiency and create a more predictable marketplace.
Some HRAI members remain concerned about the longer-term implications of maintaining different Canadian and U.S. requirements, particularly as the availability of legacy high-GWP refrigerants changes and equipment markets on the two sides of the border continue to diverge. These differences could affect refrigerant supply, equipment availability and the industry's transition toward lower-GWP technologies as Canada's HFC phasedown becomes more stringent.
For more information, please contact HRAI’s Director of Regulatory Affairs, Perry Chao, at pchao@hrai.ca or 647-547-5545.
Back to Newsletters
