PCB Regulations (SOR/2008-273)

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 for servicing equipment

• 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 17.1, or of a liquid used to service equipment under subsection 15(2) must, if feasible, 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 the equipment or liquid ceases to be used.

• Marginal note:Equipment for which extension applied for

  (2) The owner of equipment for which an extension has been applied for under section 17 or 17.1 must, if feasible, 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.

  • (b) [Repealed, SOR/2025-273, s. 13]

• Marginal note:Containers for small equipment

  (3.1) If it is not feasible for a label to be affixed to equipment because the equipment is too small, the owner of the equipment must, if the equipment is stored, 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 or 17.1, 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:Equipment still in use at nuclear facility

32.1 The owner of equipment referred to in subsection 15.1(1) shall prepare a report that is current to December 31 of each calendar year in which they own the equipment that indicates that they own equipment whose use is permitted under that subsection.

Marginal note:Military equipment still in use

32.2 The owner of military equipment referred to in subsection 15.2(1) shall prepare a report that is current to December 31 of each calendar year in which they own the equipment that indicates that they own military equipment whose use is permitted under that subsection.

Marginal note:Museum object still in use

32.3 The owner of a museum that possesses an object referred to in subsection 15.3(1) shall prepare a report that is current to December 31 of each calendar year in which they possess the object that indicates that they possess an object whose retention is permitted under that subsection.

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 — 2026

  (3) The owner of the equipment referred to in subparagraph 16(1)(b)(ii) or subsection 16(2) — other than equipment for which an extension is granted under subsection 17.1(2) or (4) — 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 — 2026

  (4) The owner of the equipment referred to in subsection 16(2.1) — other than equipment for which an extension is granted under subsection 17.1(2) or (4) — 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:Equipment with extension

  (5) The owner of the equipment for which an extension is granted under subsection 17.1(2) or (4) shall prepare a report that is current to December 31 of each calendar year in which they own the equipment and that contains the following information:

  • (a) the information referred to in

    • (i) paragraphs (3)(a) to (b), in the case of equipment referred to in subparagraph 16(1)(b)(ii) or subsection 16(2), and

    • (ii) paragraph 4(a) and subparagraphs (4)(b)(ii) to (v), in the case of equipment referred to in subsection 16(2.1);

  • (b) an indication of whether the equipment is still in use and, if so, a description of the progress made on ending the use of the equipment and any update to the plan or timelines for doing so; and

  • (c) a description of the measures taken to minimize or eliminate any harmful effect of the PCBs in the equipment on the environment and on human health.

• Marginal note:End of use of equipment — nuclear facilities

  (6) The owner of equipment referred to in paragraph 22(1)(c) that is no longer being used in accordance with section 15.1 shall prepare a report that is current to December 31 of each calendar year in which they own the equipment and that contains the following information:

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

  • (b) for each piece of equipment, the civic address of the facility where the equipment is located or, if there is no civic address, its location using the owner’s site identification system;

  • (c) 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 those liquids and solids, expressed in mg/kg, or, if any of that information is unknown, a statement to that effect; and

  • (d) the estimated timeline for the activity concentration of the radioactive PCBs in the equipment to be reduced to no greater than their unconditional clearance level, as defined in section 1 of the Nuclear Substances and Radiation Devices Regulations.

• Marginal note:End of use of military equipment

  (7) The owner of military equipment that contains PCBs in a concentration of 50 mg/kg or more and that is no longer being used in accordance with section 15.2 shall prepare a report that is current to December 31 of each calendar year in which they own the equipment and that contains the following information:

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

  • (b) for each piece of military equipment, the civic address of the facility where the military equipment is located or, if there is no civic address, its location using the Department of National Defence’s site identification system; and

  • (c) for each piece of military equipment, the quantity of liquids containing PCBs in the military equipment, expressed in litres, that fall into each of the following categories and the quantity of solids containing PCBs in the military equipment, expressed in kilograms, that fall into each of those categories, as well as the concentration of PCBs in those liquids and solids, expressed in mg/kg, or, if any of that information is unknown, a statement to that effect:

    • (i) those that are stored on December 31 at a Department of National Defence or Canadian Forces PCB storage site,

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

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

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

• Marginal note:End of use of museum objects

  (8) The owner of a museum that possesses an object that contains PCBs in a concentration of 50 mg/kg or more and that is no longer being retained for display or research purposes under section 15.3 shall prepare a report that is current to December 31 of each calendar year in which they possess the object and that contains the following information:

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

  • (b) for each object, the civic address of the facility where the object is located or, if there is no civic address, its location using the museum’s site identification system; and

  • (c) for each object, the quantity of liquids containing PCBs in the object, expressed in litres, that fall into each of the following categories and the quantity of solids containing PCBs in the object, expressed in kilograms, that fall into each of those categories, as well as the concentration of PCBs in those liquids and solids, expressed in mg/kg, or, if any of that information is unknown, a statement to that effect:

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

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

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

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