Chlorobiphenyls Regulations
SOR/91-152
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 1991-02-21
Regulations Respecting Chlorobiphenyls
P.C. 1991-300 1991-02-21
Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection ActFootnote *, the Minister of the Environment published in the Canada Gazette Part I on December 10, 1990, a copy of the proposed Regulations respecting chlorobiphenyls, substantially in the form annexed hereto;
Return to footnote *R.S., c. 16 (4th Supp.)
Whereas more than 60 days have elapsed from the date of publication and no notices of objection to the proposed Regulations were filed with the Minister of the Environment pursuant to subsection 48(2) of that Act;
And Whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of the Canadian Environmental Protection ActFootnote *, the proposed Regulations do not regulate any aspect of any substance that is regulated by or under any other Act of Parliament;
Therefore, His Excellency the Governor General in Council, pursuant to section 34Footnote ** of the Canadian Environmental Protection ActFootnote *, on the recommendation of the Minister of the Environment and the Minister of National Health and Welfare and after the federal-provincial advisory committee has been given an opportunity to provide its advice under section 6 of that Act, is pleased hereby to revoke
Return to footnote **S.C. 1989, c. 9, s. 2
(a) the Chlorobiphenyl Regulations No. 1, C.R.C., c. 564,
(b) the Chlorobiphenyl Regulations No. 2 (Product), made by Order in Council P.C. 1985-1473 of May 2, 1985Footnote ***, and
Return to footnote ***SOR/85-406, 1985 Canada Gazette Part II, p. 2145
(c) the Chlorobiphenyl Regulations No. 3 (Release), made by Order in Council P.C. 1985-1472 of May 2, 1985Footnote ****,
Return to footnote ****SOR/85-407, 1985 Canada Gazette Part II, p. 2147
and to make the annexed Regulations respecting chlorobiphenyls, in substitution therefor.
Short Title
1 These Regulations may be cited as the Chlorobiphenyls Regulations.
Interpretation
2 In these Regulations,
- chlorobiphenyls
chlorobiphenyls means the chlorobiphenyls described in item 1 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999; (biphényles chlorés)
- electrical transformers
electrical transformers includes any transformer-rectifier assembly installed in a common enclosure. (transformateurélectrique)
- SOR/2000-102, s. 3
Prohibition
3 (1) Subject to subsection (2) and section 4, no person shall manufacture, process, use, offer for sale or import chlorobiphenyls for any of the following commercial, manufacturing or processing uses:
(a) in the operation of any product, machinery or equipment other than
(i) electrical capacitors and electrical transformers and associated electrical equipment,
(ii) heat transfer equipment, hydraulic equipment, electromagnets, other than electromagnets referred to in paragraph (b), and vapour diffusion pumps that were designed to use chlorobiphenyls and that were in use in Canada on or before September 1, 1977, or
(iii) machinery or equipment for the destruction of chlorobiphenyls;
(b) in the operation of electromagnets that are used to handle food, animal feed or any additive to food or animal feed;
(c) as a constituent of any product, machinery or equipment manufactured in or imported into Canada on or after September 1, 1977, other than electrical capacitors and electrical transformers and associated electrical equipment;
(d) as a constituent of electrical capacitors and electrical transformers and associated electrical equipment manufactured in or imported into Canada on or after July 1, 1980;
(e) in the servicing or maintenance of any product, machinery or equipment other than electromagnets and electrical transformers and associated electrical equipment from which the chlorobiphenyls are removed to allow servicing and maintenance; or
(f) as new filling or as make-up fluid in the servicing or maintenance of any electromagnet, electrical transformer or associated electrical equipment.
(2) Subsection (1) does not apply when chlorobiphenyls are adventitiously present in any product, machinery or equipment and the quantity or concentration of chlorobiphenyls in the product, machinery or equipment is not inconsistent with good manufacturing practice.
Concentration in Products
4 (1) Subject to subsection (2), the concentration of chlorobiphenyls that may be contained in any liquid in products, machinery or equipment referred to in subparagraphs 3(1)(a)(i) or (ii) that are manufactured, imported or offered for sale in Canada shall not exceed 50 parts per million by weight of the liquid.
(2) The concentration permitted under subsection (1) does not apply in respect of concentrations of chlorobiphenyls in the liquid in any product, machinery or equipment referred to in subsection (1) where the product, machinery or equipment is
(a) offered for sale as a necessary and integral part of a building, plant or structure;
(b) imported for the destruction of the chlorobiphenyls contained in that product, machinery or equipment; or
(c) offered for sale for destruction or storage awaiting destruction of the chlorobiphenyls contained in that product.
Concentrations or Quantities that May Be Released
5 (1) The concentration of chlorobiphenyls in any liquid that may be released into the environment, in the course of a commercial, manufacturing or processing activity in any geographical area of Canada, other than any water or place to which subsection 36(3) of the Fisheries Act applies, shall not exceed the concentration specified in subsection (2) in respect of that activity.
(2) For the purpose of subsection (1), the concentration that may be released
(a) is 50 parts per million by weight of the liquid in respect of a commercial, manufacturing or processing activity other than
(i) an application to a road surface, or
(ii) an activity described in section 6; and
(b) is 5 parts per million by weight of the liquid in respect of an application to a road surface.
6 The quantity of chlorobiphenyls that may be released into the environment shall not exceed 1 gram per day in respect of any item of equipment or any receptacle or material containing equipment in the course of the operation, servicing, maintenance, decommissioning, transporting or storage of
(a) electrical capacitors and electrical transformers and associated electrical equipment manufactured in or imported into Canada before July 1, 1980; or
(b) heat transfer equipment, hydraulic equipment, electromagnets and vapour diffusion pumps designed to use chlorobiphenyls and manufactured in or imported into Canada before September 1, 1977.
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