PCB Regulations

Version of section 17 from 2008-09-05 to 2010-03-10:


Marginal note:Extension of end-of-use date

  •  (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.

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