| | THE MONTREAL PROTOCOL (CONTROLLED
SUBSTANCES) ACT, 2006 |
| | ARRANGEMENT OF SECTIONS |
| | SECTION |
| | Short title and commencement. |
| | |
| | Prohibition on the use of controlled
substances. |
| | Manufacture or sale of controlled
substances. |
| | Purchase and sale of controlled
substances by licensed dealers. |
| | Servicing of appliances and vehicles. |
| | |
| | Prohibits release of controlled
substance into atmosphere. |
| | Recovery and Recycling Centre. |
| | |
| | |
| | |
| | FIRST SCHEDULE |
| | SECOND SCHEDULE |
| | THIRD SCHEDULE |
| | 
|
| | No. 5 of 2006 |
| | AN ACT TO GIVE EFFECT TO THE
MONTREAL PROTOCOL |
| | ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER |
| | AND FOR MATTERS CONNECTED THERETO |
| | [Date of Assent : — 6th
February, 211(161 |
| | Enacted by the Parliament of The Bahamas. |
1.(1) This Act may be cited as the
Montreal Protocol (Controlled Substances) Act, 2006. | Short title and commencement. |
(2) This Act shall come into
operation on such day as the Minister may, by notice published in the Gazette,
appoint. |
| Interpretation. |
“ambient air” means the atmosphere surrounding the
earth, but does not include the atmosphere in a structure in any underground
space; |
“a controlled substance” means a substance listed
in Annex A, B, C or E of the Montreal Protocol and listed in the First
Schedule; | First Schedule. |
“Director” means the Director of the Department of
Environmental Health Services; |
“major repair or service” means any repair or
service that involves the removal or replacement of a component or accessory of
a refrigeration system such as the compressor, condenser, evaporator, auxiliary
heat-exchanger, filter-drier, etc. that may allow venting of a controlled
substance into the atmosphere; |
“Minister” means the Minister responsible for
Environmental Control; |
“the Montreal Protocol” means the Montreal
Protocol on Substances that deplete the Ozone Layer ratified by the Government
of the Commonwealth of The Bahamas on 4th May, 1993; |
“the National Ozone Unit” (hereinafter referred to
as the “NOU”) means the National Ozone Unit established by an agreement dated
the 5th day of May, 1997 between the Government of the Commonwealth of The
Bahamas and the United Nations Environment Programme and forming part of the
Department of Environmental Health Services under the Ministry of Health; |
“pre-shipment treatment” means a treatment applied
directly prior to exporting commodities to meet official pest-control
regulations in either the importing or exporting country; |
“quarantine and pre-shipment (QPS)” means the uses
of methyl bromide that are defined by the Montreal Protocol as “quarantine” and
pre-shipment” and are exempt from Protocol controls; |
“quarantine treatment” means an officially
required use of methyl bromide to avoid inadvertently transporting pests along
with commodities, to places where those pests are not already present, or where
they are being officially controlled; |
“recovery” means the collection and storage of
controlled substances from machinery, equipment, containment vessels, etc.,
during servicing or prior to disposal without necessarily testing or processing
it in any way; |
“Recovery and Recycling Centre” means the Recovery
and Recycling Centre at such site designated by the Minister; |
“retrofit” means the conversion of an
air-conditioning or refrigeration system to accommodate an alternative and an
approved refrigerant; |
“servicing” means work which may be performed by a
service technician, and includes installation, operations, inspection, repair,
retrofitting, redesign and de-commissioning of refrigeration systems to
handling, storage, R & R of refrigerants as well as record-keeping. |
3.(1) No person shall use a
controlled substance - | Prohibition on the use of controlled
substances. |
(a) for laboratory analytical procedures; |
(b) in the course of fire
fighting; |
(c) for agricultural purposes;
or |
(d) for any other purpose, |
unless otherwise specified. |
(2) Subsection (1) shall not apply
to a controlled substance used for human or animal health care applications, such
as - |
|
|
|
(d) veterinary wound powder
sprays; |
(e) sterilization of medical
equipment. |
(3) No person shall use methyl
bromide except for quarantine and pre-shipment treatments as illustrated in the
Second Schedule. | Second Schedule. |
(4) A person who is required to
use methyl bromide in accordance with subsection (3) shall report to the NOU
the quantities of methyl bromide used. |
(5) No person shall use pure,
mixed, isomers, virgin, used, recycled or reclaimed bromochloromethane. |
4.(1) No person shall knowingly
manufacture or offer for sale - | Manufacture or sale of controlled
substances. |
(a) anything containing a controlled
substance that acts as a propellant; |
(b) any package, wrap, tray, carton or
container or other similar item that contains a controlled substance or is
manufactured by a process that uses a controlled substance; |
(c) a fixed or portable hand held
fire extinguisher that contains a controlled substance or is manufactured by a
process that uses a controlled substance; |
(d) any rigid or flexible foam
insulation used in roofs, wails, tanks, pipes and solar collectors or flexible
furniture foam made with a controlled substance; or |
(e) anything that contains a controlled
substance that is - |
(i) a release agent for molds used
in the manufacture of plastic materials; |
(ii) a cleaning solvent for
commercial use on electronic, automotive, avionic, telecommunication,
industrial, medical or electric equipment; |
(iii) for the use of any cleaning, adhesiveness,
coatings or inks; or |
(iv) a protective spray for
application to photographs. |
(2) Where any item referred to in
subsection (1) was in the possession of the owner of that item before the
coming into force of this Act, that owner shall contact the NOU, at the
expiration of that item's useful life, and the NOU shall arrange the removal of
any controlled substance from that item or the disposal of that item. |
5.(1) No person shall purchase a
controlled substance from a licensed dealer of controlled substances unless
that person presents a card of certification issued by the NOU as proof of that
person's ability to handle controlled substances adequately. | Purchase and sale of controlled
substances by licensed dealers. |
(2) No licensed dealer shall sell
a controlled substance to another person without recording the transaction
details electronically or in a log. |
(3) The log shall indicate - |
(a) the name and certification card
number of the purchaser; |
(b) the address of the
purchaser; |
(c) the telephone number of the
purchaser; |
(d) the quantity and cash sale of the
controlled substance purchased; and |
(e) the reason for the intended use
of the controlled substance. |
6.(1) No person shall service any
appliance or vehicle that contains or may contain a controlled substance unless
that person - | Servicing of appliances and
vehicles. |
(a) is a certified refrigerant
management technician approved by the Director; |
(b) is a certified mechanic approved
by the Director; or |
(c) has participated in and met the
requirements of refrigerant management in - |
(i) the United Nations Environment
Programme – |
(aa) Recovery and Recycling
Workshop; or |
(bb) Good Practices in Refrigeration
Training Workshop; or |
(ii) an approved refrigeration
management course with The Bahamas Technical and Vocational Institute (BTVI) or
any other accredited institution approved by the NOU, |
and that such person has a certification card
issued by the Director to do such servicing on the recommendation of the NOU. |
(2) A person who services
refrigeration, air-conditioning or any other similar appliances that contain or
may contain a controlled substance, shall conduct the service in accordance
with procedures specified in the Good Practices in Refrigeration Training
Manual prepared by the United Nations Environment Programme or as otherwise
specified by the NOU. |
(3) A person who services
refrigeration or air-conditioning appliances or vehicles that are fitted with
ozone-friendly technology shall not - |
|
(b) install or authorize the
installation of; or |
|
a refrigeration or air-conditioning appliance
or vehicle with a controlled substance. |
(4) For the purposes of this
section - |
“appliances” includes large equipment; |
“retrofit” means to convert to an alternative and
approved system with a minimum change to its cooling performance; |
“vehicles” means a motor vehicle or vessel; |
“vessel” means any ship or boat and any
description of vessel in navigation. |
(5) A person who performs a major
repair or service refrigeration or air-conditioning appliances or vehicles
shall ensure that - |
(a) the air-conditioning refrigerant
or controlled substance in the appliance or vehicle is recovered as specified
in the Good Practices in Refrigeration Training Manual prepared by UNEP; |
(b) that a leak test is carried out
and that the leak, if any, in the appliance or vehicle is repaired before
recharging; |
(c) a label is attached to the
appliance or vehicle stating - |
(i) the certification card number
of the technician or mechanic; |
(ii) the name of the company
represented; |
(iii) the date the equipment was
retrofitted; |
(iv) the date the leak test was
performed; |
(v) the warranty date of the
servicing performed on the appliance or vehicle; and |
(vi) whether the leak test was
positive or negative; |
|
(i) on the right hand side of the
back of the refrigerator; |
(ii) inside of the driver's side
door; |
(iii) to the front right hand side of an
air-conditioning system; or |
(iv) to the front right hand side of
any other type of equipment; |
(e) no label previously attached to
an appliance or vehicle shall be removed unless that label is replaced by a
certified technician or mechanic; |
(f) no controlled substance should be
added to equipment for leak testing except for mobile air-conditions in
accordance with the Codes of Good Practices in Refrigeration; and |
(g) a log is maintained of all
equipment containing a controlled substance. |
(6) No person shall carry out the
services referred to in subsection (5) without the customer's knowledge and
permission. |
(7) Any person who suspects that
an air-conditioning or refrigeration technician or mechanic is not complying
with the provisions of this section shall report the matter to the NOU. |
(8) A person who services
refrigeration or air-conditioning appliances or vehicles that contain
controlled substances shall obtain a copy of the Good Practices in
Refrigeration Training Manual from the NOU free of charge. |
7. A person desirous of
disposing of a refrigeration, air-conditioning system or any other similar
appliance that contains a controlled substance shall, on the expiration of that
item's useful life, contact the NOU and the NOU shall cause the controlled
substance to be recovered by a certified technician at the Recovery and
Recycling Centre before disposal. | Disposal of appliances. |
8.(1) No person shall release or
permit the release of - | Prohibits release of controlled
substance into atmosphere. |
(a) a controlled substance from an
air purged system for purging non-condensible gases from a centrifugal chiller,
a refrigeration system or an air conditioning system installed; |
(b) any solvents or diluents
containing a controlled substance, into the ambient air. |
(2) Any person who contravenes
this section shall be liable on summary conviction to a fine of not exceeding
two thousand dollars or to a term of imprisonment not exceeding six months, or
both. |
9.(1) If an air-conditioning or
refrigeration technician or company does not own a recovery or recycling
machine, then such technician or company shall utilize the recovery and
recycling machine at the Recovery and Recycling Centre. | Recovery and Recycling Centre. |
(2) A refrigeration and
air-conditioning company that utilizes a machine referred to in subsection (1)
shall pay an annual fee as prescribed in the Third Schedule for the use of the
Recovery and Recycling Centre no later than the 31” day of December. | Third Schedule. |
(3) The Recovery and Recycling
Centre shall be staffed with at least two persons who shall assist technicians
during the hours of 9:30 a.m. to 4:30 p.m. on normal working days
to recover and recycle the controlled substances and to record the amount of
controlled substances recovered and recycled. |
(4) Reports of the amount of
controlled substances recovered and recycled shall be submitted to the NOU by
the first week of each month for the month preceding. |
10. The Minister may make
regulations generally for carrying out the provisions of this Act and without
prejudice to the generality of this provision for - | Regulations. |
(a) the licensing of the import or
export of controlled substances; |
(b) prescribing the forms in which
application for licensing may be made under the Act; |
(c) prescribing fees that may be
charged under this Act. |
11. The Minister may by Order
amend the First, Second and Third Schedules. | Amendment of Schedules. |
12.(1) Any person who contravenes any
of the provisions of this Act and any regulations made thereunder commits an
offence and is liable unless otherwise specified on summary conviction to a
fine not exceeding ten thousand dollars or to a term of imprisonment not
exceeding two years, or both. | Penalty. |
(2) Where a person commits a
second offence, that person is liable on summary conviction to a fine not
exceeding twenty thousand dollars or a term of imprisonment not exceeding four
years. |
(section 2 & 11) |
FIRST SCHEDULE |
ANNEX A : CONTROLLED SUBSTANCES |
|
Group
|
Substance
|
Ozone-Depleting Potential*
|
|
Group I
|
|
|
|
CFCl3
|
(CFC-11)
|
1.0
|
|
CF2Cl2
|
(CFC-12)
|
1.0
|
|
C2F3Cl3
|
(CFC-113)
|
0.8
|
|
C2F4Cl2
|
(CFC-114)
|
1.0
|
|
C2F5Cl
|
(CFC-115)
|
0.6
|
|
|
Group II
|
|
|
|
CF2BrCl
|
(halon-1211)
|
3.0
|
|
CF3Br
|
(halon-1301)
|
10.0
|
|
C2F4Br2
|
(halon-2402)
|
6.0
|
|
* These ozone
depleting potentials are estimates based on existing knowledge and will be
reviewed and revised periodically. |
ANNEX B : CONTROLLED SUBSTANCES |
|
Group
|
Substance
|
Ozone-Depleting Potential*
|
|
Group I
|
|
|
|
CF3Cl
|
(CFC-13)
|
1.0
|
|
C2FCl5
|
(CFC-111)
|
1.0
|
|
C2F2Cl4
|
(CFC-112)
|
1.0
|
|
C3FCl7
|
(CFC-211)
|
1.0
|
|
C3F2Cl6
|
(CFC-212)
|
1.0
|
|
C3F3Cl5
|
(CFC-213)
|
1.0
|
|
C3F4Cl4
|
(CFC-214)
|
1.0
|
|
C3F5Cl3
|
(CFC-215)
|
1.0
|
|
C3F6Cl2
|
(CFC-216)
|
1.0
|
|
C3F7Cl
|
(CFC-217)
|
1.0
|
|
|
Group II
|
carbon
|
1.1
|
|
CCl4
|
tetrachloride
|
|
|
|
Group III
|
|
|
|
C2H3Cl3 *
|
1, 1, 1
|
|
|
|
-trichloroethane*
|
|
|
|
(methyl chloroform)
|
0.1
|
|
* This formula does not refer to 1,1,2-trichloroethane. |
ANNEX C : CONTROLLED SUBSTANCES |
|
Group
|
Substance
|
Number of isomers
|
Ozone-Depleting Potential*
|
|
Group I
|
|
|
|
|
CHFCl2
|
(HCFC-21)**
|
1
|
0.04
|
|
CHF2Cl
|
(HCFC-22)**
|
1
|
0.055
|
|
CH2FCl
|
(HCFC-31)
|
1
|
0.02
|
|
C2HFCl4
|
(HCFC-121)
|
2
|
0.01-0.04
|
|
C2HF2Cl3
|
(HCFC-122)
|
3
|
0.02-0.08
|
|
C2HF3Cl3
|
(HCFC-123)
|
3
|
0.02-0.06
|
|
CHCl2CF3
|
(HCFC-123)**
|
-
|
0.02
|
|
C2HF4Cl
|
(HCFC-124)
|
2
|
0.02-0.04
|
|
CHFClCF3
|
(HCFC-124)**
|
-
|
0.022
|
|
C2H2FCl3
|
(HCFC-131)
|
3
|
0.007-0.05
|
|
C2H2F2Cl2
|
(HCFC-132)
|
4
|
0.008-0.05
|
|
C2H2F3Cl
|
(HCFC-133)
|
3
|
0.02-0.06
|
|
C2H3FCl2
|
(HCFC-141)
|
3
|
0.005-0.07
|
|
CH3CFCl2
|
(HCFC-141b)**
|
-
|
0.11
|
|
C2H3F2Cl
|
(HCFC-142)
|
3
|
0.008-0.07
|
|
CH3CF2Cl
|
(HCFC-142b)**
|
-
|
0.065
|
|
C2H4FCl
|
(HCFC-151)
|
2
|
0.003-0.005
|
|
C3H6FCl
|
(HCFC-221)
|
5
|
0.015-0.07
|
|
C3HF2Cl5
|
(HCFC-222)
|
9
|
0.01-0.09
|
|
C3HF3Cl4
|
(HCFC-223)
|
12
|
0.01-0.08
|
|
C3HF4Cl3
|
(HCFC-224)
|
12
|
0.01-0.09
|
|
C3HF5Cl2
|
(HCFC-225)
|
9
|
0.02-0.07
|
|
CF3CF2CHCl2
|
(HCFC-225ca)**
|
-
|
0.025
|
|
CF2ClCF2CHClF
|
(HCFC-225cb)**
|
-
|
0.033
|
|
C3HF6Cl
|
(HCFC-226)
|
5
|
0.02-0.10
|
|
C3H2FCl5
|
(HCFC-231)
|
9
|
0.05-0.09
|
|
C3H2F2Cl4
|
(HCFC-232)
|
16
|
0.008-0.10
|
|
C3H2F3Cl3
|
(HCFC-233)
|
18
|
0.007-0.23
|
|
C3H2F4Cl2
|
(HCFC-234)
|
16
|
0.01-0.28
|
|
C3H2F5Cl
|
(HCFC-235)
|
9
|
0.03-0.52
|
|
C3H3FCl4
|
(HCFC-241)
|
12
|
0.004-0.09
|
|
C3H3F2Cl3
|
(HCFC-242)
|
18
|
0.005-0.13
|
|
C3H3F3Cl2
|
(HCFC-243)
|
18
|
0.007-0.12
|
|
C3H3F4Cl
|
(HCFC-244)
|
12
|
0.009-0.14
|
|
C3H4FCl3
|
(HCFC-251)
|
12
|
0.001-0.01
|
|
C3H4F2Cl2
|
(HCFC-252)
|
16
|
0.005-0.04
|
|
C3H4F3Cl
|
(HCFC-253)
|
12
|
0.003-0.03
|
|
C3H5FCl2
|
(HCFC-261)
|
9
|
0.002-0.02
|
|
C3H5F2Cl
|
(HCFC-262)
|
9
|
0.002-0.02
|
|
C3H6FCl
|
(HCFC-271)
|
5
|
0.001-0.03
|
|
|
Group II
|
|
|
|
|
CHFBr2
|
|
1
|
1.00
|
|
CHF2Br
|
(HBFC-22B1)
|
1
|
0.74
|
|
CH2FBr
|
|
1
|
0.73
|
|
C2HFBr4
|
|
2
|
0.3-0.8
|
|
C2HF2Br3
|
|
3
|
0.5-1.8
|
|
C2HF3Br2
|
|
3
|
0.4-1.6
|
|
C2HF4Br
|
|
2
|
0.7-1.2
|
|
C2H2FBr3
|
|
3
|
0.1-1.1
|
|
C2H2F2Br2
|
|
4
|
0.2-1.5
|
|
C2H2F3Br
|
|
3
|
0.7-1.6
|
|
C2H3FBr2
|
|
3
|
0.1-1.7
|
|
C2H3F2Br
|
|
3
|
0.2-1.1
|
|
C2H4FBr
|
|
2
|
0.07-0.1
|
|
C3HFBr6
|
|
5
|
0.3-1.5
|
|
C3HF2Br5
|
|
9
|
0.2-1.9
|
|
C3HF3Br4
|
|
12
|
0.3-1.8
|
|
C3HF4Br3
|
|
12
|
0.5-2.2
|
|
C3HF5Br2
|
|
9
|
0.9-2.0
|
|
C3HF6Br
|
|
5
|
0.7-3.3
|
|
C3H2FBr5
|
|
9
|
0.1-1.9
|
|
C3H2F2Br4
|
|
16
|
0.2-2.1
|
|
C3H2F3Br3
|
|
18
|
0.2-5.6
|
|
C3H2F4Br2
|
|
16
|
0.3-7.5
|
|
C3H2F5Br
|
|
8
|
0.9-14.0
|
|
C3H3FBr4
|
|
12
|
0.8-1.9
|
|
C3H3F2Br3
|
|
18
|
0.1-3.1
|
|
C3H3F3Br2
|
|
18
|
0.1-2.5
|
|
C3H3F4Br
|
|
12
|
0.3-4.4
|
|
C3H4FBr3
|
|
12
|
0.03-0.3
|
|
C3H4F2Br2
|
|
16
|
0.1-1.0
|
|
C3H4F3Br
|
|
12
|
0.07-0.8
|
|
C3H5FBr2
|
|
9
|
0.04-0.4
|
|
C3H5F2Br
|
|
9
|
0.07-0.8
|
|
C3H6FBr
|
|
5
|
0.02-0.7
|
|
|
GROUP III
|
|
|
|
|
CH2BrCl
|
bromochloromethane
|
1
|
0.12
|
|
Where a range of ODPs is
indicated, the highest value in that range shall be used for the purposes of
the Protocol, The ODPs listed as a single value have been determined from
calculations based on laboratory measurements. Those listed as a range are
based on estimates and are less certain. The range pertains to an isomeric
group. The upper value is the estimate of the ODP of the isomer with the
highest ODP, and the lower value is the estimate of the ODP of the isomer with
the lowest OOP. |
Identifies the most
commercially viable substances with ODP values listed against them to be used
for the purposes of the Protocol. |
ANNEX E : CONTROLLED SUBSTANCES |
|
Group
|
Substance
|
Ozone-Depleting Potential
|
|
Group I
|
|
|
|
CH3Br
|
methyl bromide
|
0.6
|
|
(section 3(3)) |
SECOND SCHEDULE |
QUARANTINE AND
PRE-SHIPMENT-DECISION TREE |
|
(section 9(2) & 11) |
THIRD SCHEDULE |
FEES |
|
Size of Company
|
$
|
|
Petty
|
50.00
|
|
Very Small
|
75.00
|
|
Small
|
100.00
|
|
Medium
|
300.00
|
|
Large
|
360.00
|
|
Very Large
|
420.00
|
|