PCB Waste Export Regulations, 1996 (SOR/97-109)

Regulations are current to 2013-05-26

PCB Waste Export Regulations, 1996

SOR/97-109

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 1997-02-04

PCB Waste Export Regulations, 1996

P.C. 1997-155 1997-02-04

Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection ActFootnote a, the Minister of the Environment published in the Canada Gazette, Part I, on October 5, 1996, a copy of the proposed PCB Waste Export Regulations, 1996, substantially in the form annexed hereto;

Whereas, within the sixty days after the publication of the proposed Regulations, notices of objection requesting that a board of review be established under section 89 of that Act and stating the reasons for the objections were filed pursuant to subsection 48(2) of the Canadian Environmental Protection ActFootnote a with the Minister of the Environment;

Whereas the Minister of the Environment did not establish the board of review that was requested pursuant to subsection 48(2) of the Canadian Environmental Protection ActFootnote a;

And whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of the Canadian Environmental Protection ActFootnote a, the annexed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament;

Therefore, His Excellency the Governor General in Council, pursuant to sections 34Footnote b and 45Footnote c of the Canadian Environmental Protection ActFootnote a, on the recommendation of the Minister of the Environment and the Minister of Health and after the federal-provincial advisory committee has been given an opportunity to provide its advice under section 6 of that Act, hereby makes the annexed PCB Waste Export Regulations, 1996.

INTERPRETATION

1. The definitions in this section apply in these Regulations.

“Act”

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

“authorized carrier”

“authorized carrier” means

  • (a) in the case of a carrier that is required under the applicable laws to be the holder of a licence, permit, certificate or other written authorization to carry the type of PCB waste that is being exported, a carrier in respect of which such licence, permit, certificate or other written authorization has been issued by the competent governmental and international authorities; and

  • (b) in any other case, a carrier that is authorized under the applicable laws to carry the type of PCB waste that is being exported. (transporteur agréé)

“authorized facility”

“authorized facility” means a facility in respect of which a licence, permit, certificate or other written authorization has been issued under the TSCA by the U.S. EPA for the disposal of PCB waste. (installation agréée)

“Chief”

“Chief” means the Chief of the Transboundary Movement Division, Operations Branch, Department of the Environment. (chef)

“country of transit”

“country of transit” means a country, excluding all airspace and marine areas outside the limits of its territorial sea, into which a PCB waste is being or is proposed to be imported and from which that PCB waste is being, or is proposed to be, subsequently exported without being disposed of. (pays de transit)

“disposal”

“disposal” means any operation, other than landfilling with PCB waste, that will destroy PCB waste, whether by dechlorination, by incineration or other thermal treatment or by any other method of destruction, and includes any operation that will

  • (a) decontaminate PCB waste; and

  • (b) dispose of the residues from the decontamination of PCB waste.

This definition includes temporary storage of PCB waste awaiting disposal at the authorized facility indicated on the PCB waste notice as the foreign receiver’s authorized facility. (élimination)

“electrical equipment”

“electrical equipment” means any manufactured item, including any transformer or capacitor, that contains or is contaminated by a PCB liquid, PCB mixture or PCB solid. (équipement électrique)

“exporter”

“exporter” means any person who proposes to export or who exports a PCB waste from Canada; (exportateur)

“PCB”

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

“PCB-contaminated soil”

“PCB-contaminated soil” means any soil or other loose material contaminated by a PCB liquid, PCB solid or PCB mixture to the extent that the soil or material contains 50 mg or more of PCBs per kilogram of the soil or material. (sols contenant des BPC)

“PCB equipment”

“PCB equipment” means any equipment that contains or is contaminated by a PCB liquid, PCB mixture or PCB solid, but does not include electrical equipment. (matériel contenant des BPC)

“PCB liquid”

“PCB liquid” means a liquid that contains 50 mg or more of PCBs per kilogram of the liquid. (liquide contenant des BPC)

“PCB mixture”

“PCB mixture” means a mixture that contains 50 mg or more of PCBs per kilogram of the mixture. (composé contenant des BPC)

“PCB solid”

“PCB solid” means a solid that contains 50 mg or more of PCBs per kilogram of the solid. (solide contenant des BPC)

“PCB waste”

“PCB waste” means

  • (a) any PCB liquid, PCB solid, PCB mixture, PCB equipment, PCB-contaminated soil or electrical equipment, that is no longer being used in Canada; and

  • (b) any packaging or container that has held any of the items referred to in paragraph (a), that is no longer being used in Canada and that is contaminated with 50 mg or more of PCBs per kilogram. (déchets contenant des BPC)

“PCB waste notice”

“PCB waste notice” means the notice of the proposed export of PCB waste for the purpose of notifying the Minister under subsection 185(1) of the Act. (préavis)

“TSCA”

“TSCA” means the Act of the United States entitled the Toxic Substances Control Act, 40 CFR, c. 1. (loi TSCA)

“U.S. EPA”

“U.S. EPA” means the United States Environmental Protection Agency. (U.S. EPA)

  • SOR/2000-103, s. 8.