Ozone Depleting Substances, Ontario Regulation 463/10

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O.Reg 189/94 was revoked January 1, 2011 and replaced by O.Reg 463/10.

You can read the Ontario Ozone Depleting Substances Regulation 463/10 - Here

You can read the Environmental Code of Practice for Elimination of Fluorocarbon Emissions - Here

The MOE uses O.Reg 463/10, Section 34 to force ODP certification.

CERTIFICATION IN USE OF REFRIGERANTS AND REFRIGERATION EQUIPMENT
Definitions, s. 34
   33.  For the purposes of section 34,
"authorizing certificate" has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009;
"occupation" has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009;
"out-of-province regulatory authority" has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009;
"regulated occupation" has the same meaning as in subsection 2 (1) of the Ontario Labour Mobility Act, 2009.  O. Reg. 463/10, s. 33.
Certification in use of refrigerants and refrigeration equipment

   34.  (1)  Subject to subsection (3), a person qualifies for a certificate under this section if the person has successfully completed a course approved by the Director that, in the opinion of the Director, provides training and testing with respect to the use and handling of ozone depleting substances, halocarbons, refrigerants and refrigeration equipment.  O. Reg. 463/10, s. 34 (1).

   (2)  The Director shall ensure that information about the approved course mentioned in subsection (1) is made available to the public on the Ministry's website and by such other means as the Director considers appropriate.  O. Reg. 463/10, s. 34 (2).

   (3)  A person who holds an authorizing certificate issued by an out-of-province regulatory authority qualifies for a certificate under this section if,
   (a)   the person provides the Director with a copy of the person's authorizing certificate;
   (b)   the certificate issued under this section is, in the opinion of the Director, in respect of the same occupation as the person's authorizing certificate;
   (c)   the person provides the Director with confirmation in writing from the out-of-province regulatory authority that,
   (i)   the out-of-province regulatory authority issued the person's authorizing certificate,
   (ii)   the authorizing certificate has not expired, and
   (iii)   the authorizing certificate has not been cancelled or revoked; and
   (d)   the person provides the Director with a signed statement that,
   (i)   the person has obtained the training material for the course mentioned in subsection (1), and
   (ii)   the person is, in his or her opinion, knowledgeable about the legislation and regulation that govern the use and handling of ozone depleting substances, halocarbons, refrigerants and refrigeration equipment in Ontario.  O. Reg. 463/10, s. 34 (3).

   (4)  Subject to subsections (8) to (10), the Director shall issue a certificate to a person if,
   (a)   the person meets the requirements under subsection (1) or (3); and
   (b)   the person pays any required fees.  O. Reg. 463/10, s. 34 (4).

   (5)  Subject to subsections (8) to (10), the Director shall renew the certificate of a person if,
   (a)   the person makes a request for a renewal certificate before the expiry date set out on the certificate; and
   (b)   the person pays any required fees.  O. Reg. 463/10, s. 34 (5).

   (6)  A certificate shall set out,
   (a)   the name of the person who holds the certificate;
   (b)   a certificate number; and
   (c)   an expiry date.  O. Reg. 463/10, s. 34 (6).

   (7)  Subject to subsections (8) to (10), a certificate is valid for five years from the date that it is issued.  O. Reg. 463/10, s. 34 (7).
 
   (8)  The Director may refuse to issue or renew a certificate or may revoke a certificate issued to a person if the past conduct of the person affords reasonable grounds to believe that the person will not comply with the requirements of this Regulation.  O. Reg. 463/10, s. 34 (8).
 
   (9)  If the Director proposes to refuse to issue or renew a certificate or to revoke a certificate issued to a person, the Director shall give written notice to the person setting out the Director's reasons for the proposal and informing the person that he or she may make written submissions to the Director within 30 days after the date of the notice.  O. Reg. 463/10, s. 34 (9).
 
   (10)  The Director shall, after considering any written submissions made under subsection (9),
   (a)   refuse to issue the certificate;
   (b)   revoke the certificate;
   (c)   issue the certificate; or
   (d)   give the person written notice that the Director has decided not to revoke the certificate.  O. Reg. 463/10, s. 34 (10).