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PCB Regulations (SOR/2008-273)

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Regulations are current to 2019-08-28 and last amended on 2015-01-01. Previous Versions

PCB Regulations

SOR/2008-273

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2008-09-05

PCB Regulations

P.C. 2008-1659 2008-09-05

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, November 4, 2006, a copy of the proposed PCB Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;

And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) and section 97 of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed PCB Regulations.

PART 1General

Marginal note:Definitions

  •  (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:Concentration and quantity

    (3) For the purposes of these Regulations, the concentration and quantity of PCBs shall be determined by a laboratory

    • (a) that is accredited by a Canadian accrediting body under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, and the scope of whose accreditation includes the analytical method used to determine the concentration of PCBs in the matrix in which the PCBs are located; or

    • (b) that is accredited under the Environment Quality Act, R.S.Q., c. Q-2, as amended from time to time, and the scope of whose accreditation includes the analytical method used 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.

  • SOR/2010-57, ss. 1(F), 20(F)
  • SOR/2011-301, s. 3
  • SOR/2014-75, s. 1

Marginal note:Application

  • SOR/2014-75, s. 2

Marginal note:Sale of property

 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

 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

  •  (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

 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

 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.

  • SOR/2010-57, s. 20(F)

Marginal note:Research

  •  (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).

  • SOR/2010-57, s. 20(F)

Marginal note:Electrical capacitor

 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

 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.

 
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