. /.WORLD TRADE
ORGANIZATIONG/TBT/N/CAN/11
21 August 2001
(01-4071)
Committee on Technical Barriers to Trade Original: English/
French
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:   CANADA
If applicable, name of local government involved (Articles 3.2 and 7.2):           
2. Agency responsible:   Department of the Environment
Name and address (including telephone and fax numbers, e-mail and web-site
addresses, if available) of  agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:   Canadian Enquiry
Point, 200-270 Albert Street, Ottawa, Ontario, Canada, K1P 6N7 Tel.: +1 613 238 3222,
ext. 491, Fax.: +1 613 569 7808, E-mail: info@scc.ca
3. Notified under Article 2.9.2 [  X ], 2.10.1 [    ], 5.6.2 [    ], 5.7.1 [    ], other:           
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   Metered-dose inhalers
(MDIs) (ICS 11.120.20)
5. Title, number of pages and language(s) of the notified document:   Proposed amendment
to the Ozone-Depleting Substances Regulations, 1998 (pages 3010-3018; English and
French)
6. Description of content:   Recognizing that chlorofluorocarbons (CFCs) and halons deplete
the ozone layer and have adverse effects on the environment, Canada, along with 23 other
nations, signed the Montreal Protocol on Substances that Deplete the Ozone Layer on
September 16, 1987.  Since 1987, Canada has adopted regulations to meet its Montreal
Protocol commitments.  The Ozone-depleting substances Regulations, 1998 control the
import, manufacture, use, sale and export of ODSs as well as products containing ODSs.
Approximately 7 500 tonnes of CFCs were used worldwide in 1999 to manufacture some
380 million metered-dose inhalers (MDIs) to treat asthma and chronic obstructive
pulmonary diseases (about 0.03 kg of CFC per MDI).  In 1999, the 10 million MDIs sold in
Canada, which are all imported from Europe and the United States, released approximately
200 tonnes of CFCs into the atmosphere.  These quantities are likely to increase due to an
increase in the prevalence of asthma.
The Parties to the Montreal Protocol agreed to the principle of essential use exemption for
MDIs on the basis that these exemptions would not deprive users from the benefits of
prohibited ODSs while industry searches for alternatives.  In essence, these essential use
exemptions are temporary by nature and become obsolete once an alternative is marketed.G/TBT/NCAN/11
Page 2
Given that Canada is a Party to the Montreal Protocol, and that CFC-free alternatives are
commercially available, Canada is now acting to fulfill its international commitment.
Specifically, it is proposed that the Ozone-depleting Substances Regulations, 1998  be
amended to:
(a) eliminate the current exemption for the use of CFCs in human or animal health careproducts;
(b) establish a phase-out schedule that will eliminate the use of CFCs in MDIs by January 1,
2005.
7. Objective and rationale, including the na ture of urgent problems where applicable:
Protection of the environment
8. Relevant documents:   Canada Gazette, Part I, 11 August 2001
9. Proposed date of adoption:
Proposed date of entry into force: } not stated
10. Final date for comments:   10 October 2001
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax
numbers, e-mail and web-site addresses, if available of the other body:           