PCB Regulations (SOR/2008-273)

Marginal note:Stored PCBs or products — transfer site or destruction facility

38 The owner of an authorized facility that is a transfer site or that is authorized to destroy PCBs or products containing PCBs and who stores them at their PCB storage site, other than the owner referred to in section 37, shall prepare a report that is current to December 31 in each calendar year 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 of any person authorized to act on the owner’s behalf;

• (b) the civic addresses of the sites where the PCBs or products containing PCBs are stored, or if there is no civic address, the location of the sites using the owner’s site identification system;

• (c) the quantity of liquids containing PCBs in the products, expressed in litres, or the quantity of solids containing PCBs in the products, expressed in kilograms, and the concentration of the PCBs in the liquids and the solids, expressed in mg/kg

  • (i) that are stored on December 31 at the owner’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; and

• (d) a certification that the information is accurate and complete and that is dated and signed by the owner of the authorized facility or by a person authorized to act on the owner’s behalf.

Marginal note:Date of submission of report

• 39 (1) The person who is required to prepare a report in accordance with subsection 33(1), (2) or (4) or with any of sections 34 to 38 shall submit it to the Minister on or before March 31 of the calendar year following the calendar year for which the report is made.

• Marginal note:Report made under subsection 33(3)

  (2) The person who is required to prepare a report in accordance with subsection 33(3) shall submit it to the Minister

  • (a) on or before March 31, 2010 for reports that are current to December 31 of the year that these Regulations come into force up to the year 2009;

  • (b) on or before March 31, 2014 for reports that are current to December 31 of each of the years 2010 to 2013;

  • (c) on or before March 31, 2018 for reports that are current to December 31 of each of the years 2014 to 2017;

  • (d) on or before March 31, 2022 for reports that are current to December 31 of each of the years 2018 to 2021;

  • (e) on or before March 31, 2026 for reports that are current to December 31 of each of the years 2022 to 2025;

  • (f) on or before March 31, 2027 for reports that are current to December 31 of the year 2026; and

  • (g) on or before March 31, 2030 for reports that are current to December 31 of each of the years 2027 to 2029.

Marginal note:Release into the environment

• 40 (1) For the purposes of paragraph 95(1)(a) of the Act, where there occurs or is a likelihood of a release into the environment of PCBs in contravention of section 5, the person who is designated to be provided with a written report is the Regional Director, Environmental Enforcement Division, Enforcement Branch of the Department of the Environment in the region where the release occurs or is likely to occur.

• Marginal note:Contents

  (2) The report shall include the following information:

  • (a) the name, civic and mailing addresses and telephone number of the person who owns or has the charge, management or control of the PCBs that are released into the environment;

  • (b) the date, time and location of the release;

  • (c) a description of the source of the release; and

  • (d) the quantity of liquids containing PCBs released, expressed in litres, the quantity of solids containing PCBs released, expressed in kilograms, and the concentration of PCBs in the liquids and the solids that are released, expressed in mg/kg.

Marginal note:Retention

41 Any person who is required to submit a report under these Regulations shall keep a copy of the report at their principal place of business in Canada for at least five years after the day on which the report is submitted.

Marginal note:Method of submission

42 Each report referred to in sections 33 to 38 shall be submitted electronically in the format provided by the Department of the Environment, but the report shall be submitted in writing if

• (a) no such format is provided; or

• (b) it is, owing to circumstances beyond the control of the person required to submit the report, impracticable to submit the report electronically in the format provided.

Record Keeping

Marginal note:Records for permitted activities

43 The following persons shall maintain records containing information and documents that demonstrate that they manufacture, process, use, sell, offer for sale, store, import or export PCBs or products containing PCBs in accordance with the Act and these Regulations:

• (a) the owner of PCBs or products containing PCBs;

• (b) the person who is engaged in any of these activities; and

• (c) the owner or operator of a PCB storage site.

Marginal note:Inspection record

• 44 (1) The owner or operator of a PCB storage site shall maintain a record of all inspections conducted at the PCB storage site under paragraph 27(a)

  • (a) listing all items that are inspected;

  • (b) describing any deficiency found;

  • (c) setting out the measures taken to remedy the deficiency; and

  • (d) specifying the dates of the inspections and the names of the inspectors.

• Marginal note:Owner of equipment — extension

  (2) The owner of equipment for which an extension of the end-of-use date is applied under section 17 shall maintain a record of all inspections conducted on the equipment that contains the information set out in paragraphs (1)(a) to (d).

Marginal note:Retention of records

45 The person who is required to maintain a record under sections 43 and 44 shall retain it at their principal place of business in Canada or at the place where they conduct the activity for at least five years

• (a) after the destruction of the PCBs or the products containing PCBs that are the subject of the record, in the case of the owner of PCBs or products containing PCBs or the owner or operator of the PCB storage site where the PCBs or products containing PCBs are stored; or

• (b) after the completion of an activity referred to in section 43, in the case of the person who is engaged in that activity.

PART 5Repeals and Coming into Force

Repeals

46 [Repeal]

47 [Repeal]

Coming into Force

Marginal note:Coming into force

48 These Regulations come into force on the day on which they are registered.