PCB Regulations (SOR/2008-273)

PART 1General

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canadian Environmental Protection Act, 1999. (Loi)

  authorized facility

  authorized facility means a facility, including a transfer site, that is authorized by the authorities of the jurisdiction in which it is located to process PCBs or products containing PCBs or to conduct laboratory analysis or research with PCBs or products containing PCBs. (installation agréée)

  National Fire Code

  National Fire Code means the National Fire Code of Canada 2005, NRCC No. 47667, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, as amended from time to time. (Code national de prévention des incendies)

  PCB

  PCB means any chlorobiphenyl described in item 1 of the List of Toxic Substances in Schedule 1 to the Act. (BPC)

  process

  process[Repealed, SOR/2011-301, s. 3]

  product

  product[Repealed, SOR/2011-301, s. 3]

• Marginal note:Concentration — several matrices

  (2) For the purposes of these Regulations, if a solid or a liquid containing PCBs is composed of several matrices, the concentration of PCBs is based on the mass of the matrix in which the PCBs are located.

• Marginal note:Accredited laboratory

  (3) Any analysis performed to determine the concentration of PCBs for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:

  • (a) it is accredited

    • (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or

    • (ii) under the Environment Quality Act, CQLR, c. Q-2; and

  • (b) the scope of its accreditation includes the analysis performed to determine the concentration of PCBs in the matrix in which the PCBs are located.

• Marginal note:Sampling method

  (4) For the purposes of these Regulations, other than section 13, the concentration of PCBs in a matrix is determined using a provincially, nationally or internationally recognized sampling method for PCBs in the matrix in which the PCBs are located.

• Marginal note:Sampling method — bulk solid products

  (5) For the purposes of section 13, the concentration of PCBs is determined using a sampling method for bulk solid products, which is set out in either federal or provincial legislation, as amended from time to time, or approved by the United States Environmental Protection Agency for compliance with the Resource Conservation and Recovery Act or with the regulations made under that Act, as amended from time to time.

Marginal note:Application

• 2 (1) These Regulations apply to PCBs and to any products containing PCBs.

• Marginal note:Non-application

  (2) These Regulations do not apply to the following:

  • (a) the import and export of PCBs that are or are considered to be hazardous waste or hazardous recyclable material within the meaning of sections 2 to 5 of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations;

  • (b) the sale, importation or advertising of liquids containing PCBs for use in microscopy, including immersion oils but not including refractive index oils, which is prohibited under section 5 of the Canada Consumer Product Safety Act; and

  • (c) the offer for sale, sale and use of land contaminated with PCBs or with products containing PCBs.

Marginal note:Sale of property

3 Nothing in these Regulations shall be construed as preventing the sale of

• (a) personal property or movables that contain PCBs, or real property or immovables that have PCBs or products containing PCBs, and that form part of the sale of the whole or part of a business, including a manufacturing or a processing business;

• (b) real property or immovables that have products containing PCBs if the products continue to be used after the sale for the same purpose at the same place and are an integral part of the property or immovable; or

• (c) real property or immovables on which a PCB storage site is located.

Marginal note:Compliance

4 In addition to the persons who must comply with the requirements set out in these Regulations, a person who owns PCBs or products containing PCBs shall ensure that the requirements of these Regulations with respect to those PCBs or products are met.

PART 2Prohibitions and Permitted Activities

Prohibitions

Marginal note:Release into the environment

• 5 (1) No person shall release PCBs into the environment, other than from the equipment referred to in subsection (2), in a concentration of

  • (a) 2 mg/kg or more for a liquid containing PCBs; or

  • (b) 50 mg/kg or more for a solid containing PCBs.

• Marginal note:Release from equipment

  (2) No person shall release more than one gram of PCBs into the environment from equipment referred to in section 16 that is in use or from equipment in use for which an extension has been granted under section 17.

Marginal note:Prohibited activities

6 Except as provided in these Regulations, no person shall

• (a) manufacture, export or import PCBs or a product containing PCBs in a concentration of 2 mg/kg or more;

• (b) offer for sale or sell PCBs or a product containing PCBs in a concentration of 50 mg/kg or more; or

• (c) process or use PCBs or a product containing PCBs.

Permitted Activities

Marginal note:Laboratory analysis

7 A person may manufacture, export, import, offer for sale, sell, process and use PCBs or products containing PCBs for the purpose of laboratory analysis if the analysis is conducted

• (a) in an authorized facility that is authorized for that purpose; or

• (b) in a facility that conforms to internationally recognized guidelines on best laboratory practices, if the authorities of the jurisdiction in which the facility is located do not have a mechanism in place to authorize the facility to conduct the analysis.

Marginal note:Research

• 8 (1) A person may offer for sale or sell PCBs or products containing PCBs to be processed or used for the purpose of research to determine the effects of those PCBs or products on human health or on the environment, if the facility in which they are processed or used is

  • (a) an authorized facility that is authorized for that purpose; or

  • (b) a facility that conforms to internationally recognized guidelines on best laboratory practices, if the authorities of the jurisdiction in which the facility is located do not have a mechanism in place to authorize the facility to conduct the research.

• Marginal note:Processing and use

  (2) A person may process and use the PCBs or products containing PCBs for the purpose of the research referred to in subsection (1) at a facility that meets the requirement set out in paragraph (1)(a) or (b).

Marginal note:Electrical capacitor

9 A person may offer for sale, sell and use an electrical capacitor containing PCBs if the electrical capacitor

• (a) is an integral part of a consumer product;

• (b) is fusion sealed; and

• (c) would be rendered inoperable and irreparable if the PCBs were removed from it.

Marginal note:Aircraft, ships, trains and other vehicles

10 A person may export, import, offer for sale, sell and use for transportation purposes aircraft, ships, trains and other vehicles that contain PCBs only in their communication, navigation or electronic control equipment or cables.

Marginal note:Colouring pigment

• 11 (1) A person may manufacture, export, import, offer for sale, sell, process and use a colouring pigment containing PCBs produced incidentally if the concentration of the PCBs is less than 50 mg/kg.

• Marginal note:Annual average concentration

  (2) Despite subsection (1), the annual average concentration of PCBs produced incidentally in colouring pigment that a person may manufacture, export, import, offer for sale, sell, process and use shall not exceed 25 mg/kg.

Marginal note:Destruction

12 A person may process PCBs or products containing PCBs for the purpose of destroying PCBs or recovering PCBs for the purpose of destroying them in an authorized facility that is authorized for that purpose.

Marginal note:Solid products

• 13 (1) A person may manufacture solid products containing PCBs in a concentration of less than 50 mg/kg using bulk solid products containing PCBs in a concentration of less than 50 mg/kg, and may use those solid products.

• Marginal note:Application

  (2) Subsection (1) only applies to the manufacture of the types of products that are manufactured before September 5, 2008.

• Marginal note:Exception

  (3) No person shall offer for sale or sell the products manufactured in accordance with subsection (1) unless the products are used in the course of a commercial or industrial activity.

Marginal note:Cables, pipelines, electrical capacitors and other equipment

• 14 (1) A person may use the following products containing PCBs:

  • (a) cables, if they remain in place on September 5, 2008;

  • (b) pipelines that transport natural gas, petroleum or petroleum products and any associated equipment that is in contact with the natural gas, petroleum or petroleum products if the pipelines and the equipment remain in place on September 5, 2008;

  • (c) fusion sealed capacitors if they are used in relation to communication equipment or electronic control equipment; and

  • (d) the following equipment containing PCBs in a concentration of less than 50 mg/kg if the equipment is used for the purpose for which it was manufactured:

    • (i) electrical capacitors, light ballasts, electrical transformers and their auxiliary electrical equipment, including pole-top electrical transformers and their pole-top auxiliary electrical equipment,

    • (ii) electromagnets that are not used in the handling of food, feed or any additive to food or feed, and

    • (iii) heat transfer equipment, hydraulic equipment, vapour diffusion pumps and bridge bearings.

• Marginal note:Electrical capacitors

  (2) A person may import fusion sealed capacitors containing PCBs for use in relation to communication tactical equipment or electronic control tactical equipment.

Marginal note:Liquids for servicing — concentration less than 2 mg/kg

• 15 (1) A person may use liquids containing PCBs in a concentration of less than 2 mg/kg for the purpose of servicing equipment containing PCBs.

• Marginal note:Liquids for servicing — concentration of 500 mg/kg or more

  (2) A person may use liquids containing PCBs in a concentration of 500 mg/kg or more for the purpose of servicing equipment containing PCBs in a concentration of 500 mg/kg or more until December 31, 2009.

End-of-use dates and Extension

Marginal note:Equipment — subparagraphs 14(1)(d)(i) to (iii)

• 16 (1) Subject to subsections (2) and (2.1), a person may use the equipment referred to in subparagraphs 14(1)(d)(i) to (iii) until the following dates if the equipment is in use on September 5, 2008:

  • (a) in the case of equipment containing PCBs in a concentration of 500 mg/kg or more, December 31, 2009; and

  • (b) in the case of equipment containing PCBs in a concentration of at least 50 mg/kg but less than 500 mg/kg,

    • (i) December 31, 2009, if the equipment is located at a drinking water treatment plant or food or feed processing plant, in a child care facility, preschool, primary school, secondary school, hospital or senior citizens’ care facility or on the property on which the plant or facility is located and within 100 m of it, and

    • (ii) December 31, 2025, if the equipment is located at any other place.

• Marginal note:Light ballasts and pole-top electrical transformers

  (2) A person may use the following equipment containing PCBs in a concentration of 50 mg/kg or more until December 31, 2025, if the equipment is in use on September 5, 2008:

  • (a) light ballasts; and

  • (b) pole-top electrical transformers and their pole-top auxiliary electrical equipment.

• Marginal note:Current transformers and other equipment

  (2.1) A person may, from January 1, 2015 until December 31, 2025, use any current transformers, potential transformers, circuit breakers, reclosers and bushings that are located at an electrical generation, transmission or distribution facility and contain PCBs in a concentration of 500 mg/kg or more if that equipment is in use on September 5, 2008.

• Marginal note:Liquid — authorized concentration

  (3) A person may use a liquid containing PCBs in a concentration of 2 mg/kg or more but less than 50 mg/kg in equipment until the day on which the liquid is removed from the equipment.

Marginal note:Extension of end-of-use date

• 17 (1) Despite subsection 15(2), paragraph 16(1)(a) and subparagraph 16(1)(b)(i), a person may use the equipment and the liquids used for servicing that equipment, referred to in those provisions, until the date set out in an extension granted by the Minister under subsection (2) for that equipment and those liquids.

• Marginal note:Application

  (2) The Minister shall, on receiving a written application containing the information set out in subsection (3), grant an extension up to the date applied for but no later than December 31, 2014, if either of the following conditions are met:

  • (a) the equipment is being replaced with equipment that is engineered to order, and

    • (i) it is not technically feasible to replace the equipment on or before December 31, 2009,

    • (ii) the applicant is taking all necessary measures to minimize or eliminate any harmful effect of the PCBs in the equipment on the environment and on human health,

    • (iii) a plan has been prepared, along with timelines, to end the use of the equipment by the date applied for,

    • (iv) a plan has been prepared for inspecting the equipment on a monthly basis for the period of the extension for damage that could lead to the release of PCBs, and

    • (v) the equipment bears the label required under section 29; or

  • (b) the equipment is located at a facility that is scheduled for permanent closure on or before December 31, 2014, and

    • (i) the applicant is taking all necessary measures to minimize or eliminate any harmful effect of the PCBs in the equipment on the environment and on human health,

    • (ii) a plan has been prepared, along with timelines, to end the use of the equipment by the date applied for,

    • (iii) a plan has been prepared for inspecting the equipment on a monthly basis, for the period of the extension, for damage that could lead to the release of PCBs, and

    • (iv) the equipment bears the label required under section 29.

• Marginal note:Information

  (3) The application shall contain the following:

  • (a) the name, civic and mailing addresses, telephone number, fax number, if any, and e-mail address, if any, of the applicant and of any person authorized to act on the applicant’s behalf;

  • (b) a technical description of the equipment which is the subject of the application, including

    • (i) the type and function of the equipment,

    • (ii) the quantity of liquid containing PCBs that is in the equipment and the quantity of liquid needed for servicing that equipment, expressed in litres,

    • (iii) the concentration of PCBs in the liquid, expressed in milligrams of PCBs per kilogram of liquid,

    • (iv) the quantity of PCBs in the liquid that is in the equipment, expressed in kilograms, and

    • (v) the name-plate description, if any, and the manufacturer’s serial number, if any;

  • (c) the unique identification number that is on the label required under section 29;

  • (d) the name, if any, and civic address of the facility where the equipment is located, or, if there is no civic address, the location using the owner’s site identification system, and the function and technical description of the facility;

  • (e) information demonstrating that

    • (i) it is not technically feasible to replace the equipment on or before December 31, 2009, or

    • (ii) the facility where the equipment is located is scheduled for permanent closure on or before December 31, 2014;

  • (f) information demonstrating that the applicant is taking all necessary measures to minimize or eliminate any harmful effect of the PCBs that are contained in the equipment on the environment and on human health;

  • (g) the plan, along with timelines, for ending the use of the equipment; and

  • (h) the plan for inspecting the equipment.

• Marginal note:Notice of change to information

  (4) The applicant shall notify the Minister in writing of any change to the information provided under subsection (3) within 30 days after the day on which the change occurs.

• Marginal note:False or misleading information

  (5) The Minister shall refuse to grant an extension if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of its application.

• Marginal note:Revocation

  (6) The Minister shall revoke the extension if

  • (a) the requirements set out in subsection (2) are no longer met during the period of the extension; or

  • (b) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information to the Minister in support of its application.

• Marginal note:Reasons for revocation

  (7) The Minister shall not revoke the extension unless the Minister provides the applicant with

  • (a) written reasons for the revocation; and

  • (b) an opportunity to be heard, by written representation, in respect of the revocation.

PART 3Storage

Marginal note:Application — concentration of 50 mg/kg or more

• 18 (1) Subject to subsection (3), this Part applies to all solids and liquids containing PCBs in a concentration of 50 mg/kg or more that are located at a particular site if the liquids or solids are present in a quantity greater than or equal to

  • (a) 100 L, in the case of liquids; and

  • (b) 100 kg, in the case of solids.

• Marginal note:Application — quantity of 1 kg or more

  (2) Subject to subsection (3), this Part also applies to all solids and liquids containing PCBs in a concentration of 50 mg/kg or more that are located at a particular site in a quantity of less than 100 L, in the case of liquids, and 100 kg, in the case of solids, if the total quantity of PCBs contained in the liquids or the solids or in the liquids and solids combined, determined in accordance with the following formulas, as applicable, is 1 kg or more:

  • (a) in the case of liquids,

    Σ((V × D × C)) ÷ 1 000 000

    where

    V

    is the volume of each liquid containing PCBs in a given concentration, expressed in L,

    D

    is the density of PCBs in each liquid as follows:

    • (i) 0.9 kg/L, if the concentration of PCBs in the liquid is less than 10 000 mg/kg, and

    • (ii) 1.5 kg/L, if the concentration of PCBs in the liquid is 10 000 mg/kg or more, and

    C

    is the concentration of PCBs in each liquid, expressed in mg/kg; and

  • (b) in the case of solids,

    Σ((M × C)) ÷ 1 000 000

    where

    M

    is the weight of each solid containing PCBs in a given concentration, expressed in kg, and

    C

    is the concentration of PCBs in each solid, expressed in mg/kg.

• Marginal note:Non-application

  (3) This Part does not apply in respect of the following products containing PCBs:

  • (a) solid or liquid products that are processed daily or used;

  • (b) pipelines that transport natural gas, petroleum or petroleum products, and any associated equipment that is in contact with the natural gas, petroleum or petroleum products, if they remain in place on September 5, 2008; and

  • (c) cables, if they remain in place on September 5, 2008.

Marginal note:Requirement to store

• 19 (1) A person who owns, controls or possesses PCBs or products containing PCBs shall, within 30 days after the day on which those PCBs or products cease to be processed daily or used or after September 5, 2008, whichever is later, either

  • (a) send them for destruction to an authorized facility that is authorized for that purpose; or

  • (b) store them at a PCB storage site for the period during which they are not processed daily or used.

• Marginal note:Remote from or no access to roadway

  (2) Despite subsection (1), if the PCBs or products containing PCBs are remote from a roadway system or if there is no access to a roadway system, the person who owns, controls or possesses the PCBs or products may store them at a PCB storage site as soon as feasible but no later than one year after the day on which they are not processed daily or used or one year after September 5, 2008, whichever is later. That person shall use best management practices for them from the time that they cease to be processed daily or used until the time that they are stored at a PCB storage site.

Marginal note:Prohibition against storage

• 20 (1) Effective September 5, 2009, no person shall store PCBs or products containing PCBs at the following plants or facilities or on the land on which those plants or facilities are located and within 100 m of them:

  • (a) a drinking water treatment plant or a food or feed processing plant; or

  • (b) a child care facility, preschool, primary school, secondary school, hospital, or senior citizens’ care facility.

• Marginal note:Light ballasts

  (2) Subsection (1) does not apply to light ballasts.

Marginal note:Maximum storage periods

• 21 (1) Despite any other provision in these Regulations and subject to section 22, no person shall store PCBs or products containing PCBs, other than those referred to in section 23, beyond the following time limits:

  • (a) one year, beginning on the day on which their use is no longer permitted under these Regulations or the day on which they are no longer processed daily or used, whichever is sooner, if the PCBs or products are stored at a facility that is not referred to in paragraph (1)(b) or (c);

  • (b) one year, if the PCBs or products are stored at an authorized facility that is a transfer site; and

  • (c) two years, if the PCBs or products are stored at an authorized facility that is authorized to destroy them.

• Marginal note:Transfer sites

  (2) If the PCBs or products containing PCBs are sent from one transfer site to another, the period referred to in paragraph (1)(b) begins when they are received at the first transfer site.

• Marginal note:Destruction

  (3) The owner or operator of the facility referred to in paragraph (1)(a) or (b) shall send the PCBs or products containing PCBs for destruction to an authorized facility that is authorized for that purpose within the time limit set out in those paragraphs.

Marginal note:Exceptions to maximum storage periods

• 22 (1) Section 21 does not apply to the storage of

  • (a) liquids referred to in subsection 15(2) or for which an extension has been granted under subsection 17; or

  • (b) for the duration of any environmental remediation work, solids and liquids containing PCBs in a concentration of 50 mg/kg or more resulting from that work and stored on site for that duration, if the requirements set out in subsections (2) and (3) are complied with.

• Marginal note:Information to be provided

  (2) The owner of the land where the solids and liquids referred to in paragraph (1)(b) are located shall submit to the Minister at least 30 days before the storage of the solids or liquids or within 30 days after September 5, 2008, whichever is later, the following information:

  • (a) the civic address of the remediation work site or if there is no civic address, the location using the Global Positioning System;

  • (b) the date of commencement of the remediation work;

  • (c) the anticipated date of completion of the remediation work; and

  • (d) the anticipated date of the end of storage of the solids or liquids.

• Marginal note:Changes to information

  (3) The person referred to in subsection (2) shall notify the Minister in writing of the changes to be made at least 30 days before making any changes to the information provided under that subsection.

Marginal note:PCBs or products containing PCBs stored on September 5, 2008

23 A person who owns, controls or possesses PCBs or products containing PCBs, other than liquids for which an extension has been granted under section 17, that are stored on September 5, 2008 may store them

• (a) until December 31, 2009 if they are sent by that date for destruction to an authorized facility that is authorized for that purpose; or

• (b) until December 31, 2011 if they are destroyed by that date, at the location where they are stored, in an authorized facility that is authorized for that purpose.

Marginal note:PCB storage site

24 PCBs or products containing PCBs shall be stored at a site that is

• (a) a building, room, shipping container or other enclosed structure; or

• (b) an area that is enclosed by a woven mesh wire fence or any other fence or wall with similar security characteristics, and the fence or wall shall be at least 1.83 m high.

Marginal note:Storage requirements

25 The owner or operator of a PCB storage site shall

• (a) store all PCBs or products containing PCBs that are in liquid form in

  • (i) sealed containers, other than drums, that are made of steel or other metals that provide sufficient durability and strength to prevent those PCBs or products from being affected by the weather or released, or

  • (ii) drums that are

    • (A) of a capacity not greater than 205 L,

    • (B) a closed-head double-bung drum made of steel having a gauge of 16 or heavier, and

    • (C) painted or treated to prevent rusting;

• (b) store all PCBs or products containing PCBs that are in solid form in

  • (i) containers, other than drums, that are made of steel or other materials that provide sufficient durability and strength to prevent those PCBs or products from being affected by the weather or released, or

  • (ii) drums that are

    • (A) of a capacity not greater than 205 L,

    • (B) made of steel having a gauge of 18 or heavier,

    • (C) equipped with a securely attached, removable steel lid and a gasket made of material that is resistant to the PCBs or the products containing PCBs that are stored in the drums, and

    • (D) painted or treated to prevent rusting;

• (c) store equipment containing PCB liquids in

  • (i) containers, other than drums, that are made of steel or other materials that provide sufficient durability and strength to prevent the equipment from being affected by the weather and to prevent any PCB liquid that leaks from the equipment from being released, or

  • (ii) drums described in subparagraph (b)(ii);

• (d) store all equipment that is not in a container, other than drained equipment, if that equipment contains PCB liquid, and all containers of PCB liquid, on a floor or surface that is made of steel, concrete or any other similar durable material and that is constructed with curbing or sides that are capable of containing

  • (i) if one piece of equipment or one container is being stored, 125% of the volume of the PCB liquid in the equipment or container, and

  • (ii) if more than one piece of equipment or more than one container is being stored, the greater of twice the volume of the PCB liquid in the largest piece of equipment or the largest container and 25% of the volume of all the PCB liquid stored on the floor or surface;

• (e) if the material of the floor or surface or the curbing or sides referred to in paragraph (d) are capable of absorbing any PCB liquid or other product containing PCBs, seal the floor, surface, curbing or sides with an impervious, durable, PCB-resistant coating;

• (f) ensure that all floor drains, sumps or other openings in the floor or surface referred to in paragraph (d) are

  • (i) closed and sealed to prevent the release of liquids, or

  • (ii) connected to a drainage system suitable for liquid dangerous goods that terminates at a location where any spilled liquids will be contained and recovered and where the spilled liquids will not create a fire hazard or a risk to public health or safety;

• (g) place on skids or pallets all equipment containing PCBs and containers of PCBs or products containing PCBs that are not permanently secured to the floor or a surface;

• (h) stack containers of PCBs and products containing PCBs, other than drums, only if the containers are designed for stacking, and stack containers of PCB liquid not more than two containers high;

• (i) if drums containing PCBs or products containing PCBs are stacked, separate the drums from each other with pallets and, in the case of drums of PCB liquid, stack the drums not more than two drums high;

• (j) store equipment containing PCBs, and containers of PCBs or products containing PCBs, in a manner that makes them accessible for inspection;

• (k) store PCBs or products containing PCBs in a manner that prevents them from catching fire or being released;

• (l) store PCBs or products containing PCBs together, and separate them from other stored materials;

• (m) if reasonably practicable, equip any indoor PCB storage site having a mechanical exhaust system with heat or smoke sensory controls that stop the fan and close the intake and exhaust dampers in the event of a fire;

• (n) if equipment or containers of PCB liquid are stored outdoors, cover all PCB equipment that is not in a container, other than drained equipment, if that equipment contains PCB liquid, and all containers of PCB liquid, with a weatherproof roof or barrier that protects the equipment and containers and prevents rain or snow from entering the curbing and the sides of the floor and the surface under them; and

• (o) ensure that all drained PCB equipment and all containers of any PCB solid or PCB equipment are structurally sound and weatherproof if stored outdoors.

Marginal note:Access to PCB storage site

26 The owner or operator of a PCB storage site shall keep all points of access to the PCB storage site locked or guarded.

Marginal note:Inspection and maintenance of a PCB storage site

27 The owner or operator of a PCB storage site shall

• (a) inspect all floors, curbing, sides, drains, drainage systems, weatherproof roofs and barriers, fences and walls of the PCB storage site, any fire alarm system, fire extinguishers and fire suppression system and all equipment containing PCBs, containers used for the storage of PCBs or products containing PCBs and materials for clean-up at the PCB storage site

  • (i) each month,

  • (ii) at intervals of more than one month, if the Minister, on the written request of the owner or operator, determines that it is not reasonably practicable to inspect the site each month, due to its remote location, or

  • (iii) at intervals of less than one month, if more frequent inspections are necessary for the safe operation of the site; and

• (b) keep in good condition and, if damaged, immediately repair or replace the floors, curbing, sides, drains, drainage systems, weatherproof roofs or barriers, fences, walls, fire alarm system, fire extinguishers, fire suppression system, equipment containing PCBs and containers and immediately clean up any contaminated area.

Marginal note:Fire protection and emergency procedures

• 28 (1) The owner or operator of a PCB storage site shall

  • (a) develop and implement at the PCB storage site a fire protection and emergency procedures plan and shall

    • (i) update and test the plan once per year,

    • (ii) keep a written copy of the latest plan at the PCB storage site and another at their principal place of business, and

    • (iii) make the latest plan readily available to persons who implement the plan and to the local fire department or to the local officer appointed by the provincial Fire Marshall if there is no local fire department or to any other local authority responsible for fire protection;

  • (b) ensure that all employees who are authorized to enter the PCB storage site are familiar with the contents of the latest plan;

  • (c) equip the indoor PCB storage site with a fully operative fire alarm system that is maintained, inspected and tested in accordance with articles 6.3.1.1 and 6.3.1.2 of the National Fire Code and with

    • (i) portable fire extinguishers that are selected and installed in accordance with article 2.1.5.1 of the National Fire Code and maintained, inspected and tested in accordance with article 6.2.1.1 of that Code, or

    • (ii) an automatic fire suppression system that meets the requirements of article 3.2.7.9 of the National Fire Code, if required;

  • (d) keep a copy of the records referred to in sections 43 and 44 at the PCB storage site and make a copy readily available to the local fire department and, if there is no local fire department, to the local officer appointed by the provincial Fire Marshall or to any other local authority responsible for fire protection;

  • (e) ensure that all employees who are authorized to enter the PCB storage site are made aware of the hazards of PCBs and are familiar with the use of protective equipment and clothing and the clean-up procedures referred to in the Guidelines for the Management of Wastes Containing Polychlorinated Biphenyls (PCBs), CCME-TS/WM-TRE008, September 1989, as amended from time to time, issued by the Canadian Council of Ministers of the Environment; and

  • (f) store absorbent materials for clean-up near the PCB storage site.

• Marginal note:Shipping containers

  (2) Despite paragraph (1)(c), if the indoor PCB storage site is a shipping container, the owner or operator of the site does not have to equip that site with a fire alarm system.

PART 4Labelling, Reports and Records

Labelling

Marginal note:Equipment and liquids used for their servicing

• 29 (1) The owner of equipment referred to in section 16, other than equipment for which an extension has been applied for under section 17, or of a liquid used in its servicing referred to in subsection 15(2) shall affix a label in a readily visible location on the equipment or on the container of the liquid, no later than 30 days after the day on which it ceases to be used.

• Marginal note:Equipment for which extension applied for

  (2) The owner of equipment for which an extension has been applied under section 17 shall affix a label in a readily visible location on the equipment.

• Marginal note:Exceptions

  (3) Subsection (1) does not apply to

  • (a) equipment or containers of liquids that bear a label on September 5, 2008 that indicates the presence of PCBs; and

  • (b) equipment that is too small, including light ballasts, to bear the label referred to in subsection (4).

• Marginal note:Containers for small equipment

  (3.1) The owner of the equipment referred to in paragraph (3)(b) that is stored shall affix the label referred to in subsection (4) in a readily visible location on the container in which the equipment is stored.

• Marginal note:Description

  (4) The label must

  • (a) state “ATTENTION — contains 50 mg/kg or more of PCBs / contient 50 mg/kg ou plus de BPC” in black lettering on a white background, in a font size of no less than 36 points;

  • (b) measure at least 150 mm by 150 mm or at least 76 mm by 76 mm in the case of capacitors; and

  • (c) in the case of equipment for which an extension is applied for under section 17, state a unique identification number.

Marginal note:Cables and pipelines

• 30 (1) The owner of a cable, a pipeline or equipment associated with a pipeline, referred to in paragraphs 14(1)(a) and (b), containing PCBs in a concentration of 50 mg/kg or more that is in a room, a tunnel or a facility shall either

  • (a) affix the label in the form set out in subsection 29(4) in a readily visible location on a part of the cable, pipeline or associated equipment that is accessible; or

  • (b) place a notice in a readily visible location at the entrance of the room, tunnel or facility that states the information set out in paragraph 29(4)(a) and measures at least 150 mm by 150 mm.

• Marginal note:If dismantled

  (2) If a part of the cable, pipeline or associated equipment is dismantled, the owner of the cable, pipeline or associated equipment shall affix on each dismantled part the label in the form set out in subsection 29(4), no later than 30 days after the day on which it is dismantled.

Marginal note:A facility other than transfer site or destruction facility

• 31 (1) The owner or operator of a PCB storage site, other than the PCB storage site of an authorized facility that is a transfer site or that is authorized to destroy PCBs, shall affix a label in a readily visible location on any product containing PCBs in a concentration of 50 mg/kg or more and that are stored at the PCB storage site, which

  • (a) is in the form referred to in subsection 29(4); and

  • (b) states “Date of Commencement of Storage / Date de début de stockage” and the date on which the storage begins.

• Marginal note:Transfer site or destruction facility

  (2) The owner or operator of the PCB storage site of an authorized facility that is a transfer site or that is authorized to destroy PCBs shall affix a label in the form set out in subsection 29(4) in a readily visible location on any container that is a fixed tank and that is used at the facility for the storage of PCBs or products containing PCBs in a concentration of 50 mg/kg or more.

• Marginal note:Notice

  (3) The owner or operator of a PCB storage site shall place a notice in a readily visible location at the entrance of the site that states the information set out in paragraph 29(4)(a) and that measures at least 150 mm by 150 mm.

• Marginal note:Non-application

  (4) Subsections (1) and (2) do not apply in respect of a product or container stored on September 5, 2008, if the product or the container

  • (a) bore a label on September 5, 2008 that indicated the presence of PCBs and that stated “Date of Commencement of Storage” and the date on which the storage began; and

  • (b) bears a label that states “Date of Commencement of Storage / Date de début de stockage” and the date on which the storage began.

Marginal note:Retention of labels

32 The person who is required to affix a label on a product or container in accordance with sections 29 to 31 shall ensure that it bears that label for the duration that the person possesses the product or container.

Reports

Marginal note:End of use of equipment and liquids — 2009

• 33 (1) The owner of the equipment referred to in paragraph 16(1)(a) or subparagraph 16(1)(b)(i) — other than the equipment for which an extension is granted by the Minister in accordance with section 17 and the equipment referred to in subsection 16(2) or (2.1) — or of the liquids referred to in subsection 15(2) shall prepare a report that is current to December 31 of each calendar year in which the person owns the equipment or the liquids and that contains the following information:

  • (a) the name, civic and mailing addresses, telephone number, fax number, if any, and e-mail address, if any, of the owner and any person authorized to act on the owner’s behalf;

  • (b) for each piece of equipment, the civic addresses of the facilities where the equipment and liquids are located or, if there is no civic address, their location using the owner’s site identification system;

  • (c) for each piece of equipment, the quantity of liquids containing PCBs in the equipment and of liquids, expressed in litres, the quantity of solids containing PCBs in the equipment, expressed in kilograms, and the concentration of PCBs in the liquids and solids, expressed in mg/kg,

    • (i) that are in use on December 31,

    • (ii) that are stored on December 31 at the person’s PCB storage site,

    • (iii) that are sent, in that calendar year, to an authorized facility that is a transfer site,

    • (iv) that are sent, in that calendar year, to an authorized facility that is authorized to destroy them, or

    • (v) that are destroyed in that calendar year; and

  • (d) a certification that the information is accurate and complete and that is dated and signed by the owner or by a person authorized to act on the owner’s behalf.

• Marginal note:Equipment and liquids with extension

  (2) The owner of the equipment referred to in paragraph 16(1)(a) or subparagraph 16(1)(b)(i) — other than the equipment referred to in subsection 16(2) or (2.1) — or of the liquids referred to in subsection 15(2) for which an extension is granted by the Minister in accordance with section 17 shall prepare a report that is current to December 31 of each calendar year in which the person owns the equipment or the liquids and that contains the following information for each piece of equipment or container of liquid:

  • (a) the information required under paragraphs (1)(a) and (d);

  • (b) the unique identification number that is on the label referred to in paragraph 29(4)(c);

  • (c) the civic address, function and technical description of the facility where the equipment or container of liquid is located or, if there is no civic address, its location using the owner’s site identification system;

  • (d) the progress on the plan’s implementation and the timelines for ending the use of the equipment;

  • (e) the measures taken to minimize or eliminate any harmful effect of the PCBs in the equipment on the environment and on human health; and

  • (f) the findings of the inspections of the equipment.

• Marginal note:End of use of equipment — 2025

  (3) The owner of the equipment referred to in subparagraph 16(1)(b)(ii) and subsection 16(2) shall prepare a report that is current to December 31 of each calendar year in which the person owns the equipment and that contains the following information:

  • (a) the information required under paragraphs (1)(a) and (d);

  • (a.1) the civic addresses of the facilities where the equipment and liquids are located or, if there is no civic address, their location using the owner’s site identification system; and

  • (b) the quantity of liquids containing PCBs in the equipment, expressed in litres, the quantity of solids containing PCBs in the equipment, expressed in kilograms, and the concentration of PCBs in the liquids and the solids, expressed in mg/kg,

    • (i) that are stored on December 31 at the person’s PCB storage site,

    • (ii) that are sent, in that calendar year, to an authorized facility that is a transfer site,

    • (iii) that are sent, in that calendar year, to an authorized facility that is authorized to destroy them, or

    • (iv) that are destroyed in that calendar year.

• Marginal note:End of use of equipment — 2025

  (4) The owner of the equipment referred to in subsection 16(2.1) shall prepare a report that is current to December 31 of each calendar year in which the person owns the equipment and that contains the following information:

  • (a) the information required under paragraphs (1)(a), (b) and (d); and

  • (b) for each piece of equipment, the quantity of liquids containing PCBs in the equipment, expressed in litres, the quantity of solids containing PCBs in the equipment, expressed in kilograms, and the concentration of PCBs in the liquids and the solids, expressed in mg/kg,

    • (i) that are in use on December 31,

    • (ii) that are stored on December 31 at the person’s PCB storage site,

    • (iii) that are sent, in that calendar year, to an authorized facility that is a transfer site,

    • (iv) that are sent, in that calendar year, to an authorized facility that is authorized to destroy them, or

    • (v) that are destroyed in that calendar year.

Marginal note:Research

34 The person who offers for sale, sells, processes or uses PCBs or products containing PCBs for the purpose of research in accordance with section 8 shall prepare a report that is current to December 31 in each calendar year in which the person offers for sale, sells, processes or uses those PCBs or products and that contains the following information:

• (a) the name, civic and mailing addresses, telephone number, fax number, if any, and e-mail address, if any, of the person and of any person authorized to act on that person’s behalf;

• (b) an indication of whether the person offers for sale, sells, processes or uses the PCBs or products;

• (c) the quantity of the PCBs or of the products containing PCBs that are offered for sale, sold, processed or used in that calendar year; and

• (d) a certification that the information is accurate and complete and that is dated and signed by the person or by a person authorized to act on their behalf.

Marginal note:Colouring pigment

35 The person who manufactures, exports or imports colouring pigment in accordance with section 11 shall prepare a report that is current to December 31 in each calendar year in which the person manufactures, imports or exports the colouring pigment and that contains the following information:

• (a) the name, civic and mailing addresses, telephone number, fax number, if any, and e-mail address, if any, of the person and of any person authorized to act on that person’s behalf;

• (b) an indication of whether the person manufactures, exports or imports colouring pigment;

• (c) the quantity of colouring pigment, expressed in kilograms, the maximum concentration of PCBs in the colouring pigment, expressed in mg/kg, and the average annual concentration of PCBs in the colouring pigment, expressed in mg/kg, that is manufactured, imported or exported in that calendar year;

• (d) in the case of importing, the name, telephone number and civic and mailing addresses of the person from whom the colouring pigment is imported and, in the case of exporting, the name, telephone number and civic and mailing addresses of the person to whom the colouring pigment is exported; and

• (e) a certification that the information is accurate and complete and that is dated and signed by the person or by a person authorized to act on their behalf.

Marginal note:Solid products containing PCBs

36 The person who manufactures solid products containing PCBs in accordance with section 13 shall prepare a report that is current to December 31 in each calendar year in which the person manufactures the products and that contains the following information:

• (a) the name, civic and mailing addresses, telephone number, fax number, if any, and e-mail address, if any, of the person and of any person authorized to act on that person’s behalf;

• (b) the quantity of solid products manufactured in that calendar year, expressed in kilograms, and the maximum concentration and average concentration of PCBs in the solid products, expressed in mg/kg, for that calendar year;

• (c) the name, telephone number and civic and mailing addresses of the person to whom the manufacturer sells the products; and

• (d) a certification that the information is accurate and complete and that is dated and signed by the person or by a person authorized to act on their behalf.

Marginal note:Stored PCBs or products — PCB concentration of 50 mg/kg or more

37 The person who owns and stores PCBs or products containing PCBs in a concentration of 50 mg/kg or more, other than the equipment and liquids referred to in section 33, and the owner of a facility who stores PCBs or products containing PCBs in a concentration of 50 mg/kg or more, other than the person referred to in section 38, shall each prepare a report that is current to December 31 in each calendar year in which the person stores the PCBs or products at their PCB storage site and that contains the following information:

• (a) the name, civic and mailing addresses, telephone number, fax number, if any, and e-mail address, if any, of the owner and of any person authorized to act on the owner’s behalf;

• (b) the civic addresses of the PCB storage sites where the PCBs or products are located, or if there is no civic address, their location using the owner’s site identification system;

• (c) the quantity of liquids containing PCBs in the products, expressed in litres, and the quantity of solids containing PCBs in the products, expressed in kilograms, and the concentration of PCBs in the liquids and the solids, expressed in mg/kg

  • (i) that are stored on December 31 at the person’s PCB storage site,

  • (ii) that are sent, in that calendar year, to an authorized facility that is a transfer site,

  • (iii) that are sent, in that calendar year, to an authorized facility that is authorized to destroy them, or

  • (iv) that are destroyed in that calendar year; and

• (d) a certification that the information is accurate and complete and that is dated and signed by the owner of the PCBs or products containing PCBs or by a person authorized to act on the owner’s behalf.

Marginal note:Stored PCBs or products — transfer site or destruction facility

38 The owner of an authorized facility that is a transfer site or that is authorized to destroy PCBs or products containing PCBs and who stores them at their PCB storage site, other than the owner referred to in section 37, shall prepare a report that is current to December 31 in each calendar year and that contains the following information:

• (a) the name, civic and mailing addresses, telephone number, fax number, if any, and e-mail address, if any, of the owner and of any person authorized to act on the owner’s behalf;

• (b) the civic addresses of the sites where the PCBs or products containing PCBs are stored, or if there is no civic address, the location of the sites using the owner’s site identification system;

• (c) the quantity of liquids containing PCBs in the products, expressed in litres, or the quantity of solids containing PCBs in the products, expressed in kilograms, and the concentration of the PCBs in the liquids and the solids, expressed in mg/kg

  • (i) that are stored on December 31 at the owner’s PCB storage site,

  • (ii) that are sent, in that calendar year, to an authorized facility that is a transfer site,

  • (iii) that are sent, in that calendar year, to an authorized facility that is authorized to destroy them, or

  • (iv) that are destroyed in that calendar year; and

• (d) a certification that the information is accurate and complete and that is dated and signed by the owner of the authorized facility or by a person authorized to act on the owner’s behalf.

Marginal note:Date of submission of report

• 39 (1) The person who is required to prepare a report in accordance with subsection 33(1), (2) or (4) or with any of sections 34 to 38 shall submit it to the Minister on or before March 31 of the calendar year following the calendar year for which the report is made.

• Marginal note:Report made under subsection 33(3)

  (2) The person who is required to prepare a report in accordance with subsection 33(3) shall submit it to the Minister

  • (a) on or before March 31, 2010 for reports that are current to December 31 of the year that these Regulations come into force up to the year 2009;

  • (b) on or before March 31, 2014 for reports that are current to December 31 of each of the years 2010 to 2013;

  • (c) on or before March 31, 2018 for reports that are current to December 31 of each of the years 2014 to 2017;

  • (d) on or before March 31, 2022 for reports that are current to December 31 of each of the years 2018 to 2021;

  • (e) on or before March 31, 2026 for reports that are current to December 31 of each of the years 2022 to 2025;

  • (f) on or before March 31, 2027 for reports that are current to December 31 of the year 2026; and

  • (g) on or before March 31, 2030 for reports that are current to December 31 of each of the years 2027 to 2029.

Marginal note:Release into the environment

• 40 (1) For the purposes of paragraph 95(1)(a) of the Act, where there occurs or is a likelihood of a release into the environment of PCBs in contravention of section 5, the person who is designated to be provided with a written report is the Regional Director, Environmental Enforcement Division, Enforcement Branch of the Department of the Environment in the region where the release occurs or is likely to occur.

• Marginal note:Contents

  (2) The report shall include the following information:

  • (a) the name, civic and mailing addresses and telephone number of the person who owns or has the charge, management or control of the PCBs that are released into the environment;

  • (b) the date, time and location of the release;

  • (c) a description of the source of the release; and

  • (d) the quantity of liquids containing PCBs released, expressed in litres, the quantity of solids containing PCBs released, expressed in kilograms, and the concentration of PCBs in the liquids and the solids that are released, expressed in mg/kg.

Marginal note:Retention

41 Any person who is required to submit a report under these Regulations shall keep a copy of the report at their principal place of business in Canada for at least five years after the day on which the report is submitted.

Marginal note:Method of submission

42 Each report referred to in sections 33 to 38 shall be submitted electronically in the format provided by the Department of the Environment, but the report shall be submitted in writing if

• (a) no such format is provided; or

• (b) it is, owing to circumstances beyond the control of the person required to submit the report, impracticable to submit the report electronically in the format provided.

Record Keeping

Marginal note:Records for permitted activities

43 The following persons shall maintain records containing information and documents that demonstrate that they manufacture, process, use, sell, offer for sale, store, import or export PCBs or products containing PCBs in accordance with the Act and these Regulations:

• (a) the owner of PCBs or products containing PCBs;

• (b) the person who is engaged in any of these activities; and

• (c) the owner or operator of a PCB storage site.

Marginal note:Inspection record

• 44 (1) The owner or operator of a PCB storage site shall maintain a record of all inspections conducted at the PCB storage site under paragraph 27(a)

  • (a) listing all items that are inspected;

  • (b) describing any deficiency found;

  • (c) setting out the measures taken to remedy the deficiency; and

  • (d) specifying the dates of the inspections and the names of the inspectors.

• Marginal note:Owner of equipment — extension

  (2) The owner of equipment for which an extension of the end-of-use date is applied under section 17 shall maintain a record of all inspections conducted on the equipment that contains the information set out in paragraphs (1)(a) to (d).

Marginal note:Retention of records

45 The person who is required to maintain a record under sections 43 and 44 shall retain it at their principal place of business in Canada or at the place where they conduct the activity for at least five years

• (a) after the destruction of the PCBs or the products containing PCBs that are the subject of the record, in the case of the owner of PCBs or products containing PCBs or the owner or operator of the PCB storage site where the PCBs or products containing PCBs are stored; or

• (b) after the completion of an activity referred to in section 43, in the case of the person who is engaged in that activity.

PART 5Repeals and Coming into Force

Repeals

46 [Repeal]

47 [Repeal]

Coming into Force

Marginal note:Coming into force

48 These Regulations come into force on the day on which they are registered.