PCB Regulations (SOR/2008-273)

Marginal note:Military equipment

• 15.2 (1) An employee of the Department of National Defence, a member of the Canadian Forces or any person under the direct responsibility of such an employee or member may use military equipment that contains PCBs in any concentration if

  • (a) the military equipment is owned by His Majesty in right of Canada and has been so owned since the day on which this section comes into force;

  • (b) no alternative equipment that does not contain PCBs can be substituted for the military equipment; and

  • (c) all necessary measures are taken to minimize or eliminate any harmful effect of the PCBs on the environment and on human health.

• Marginal note:Damage

  (2) If any of the military equipment is damaged such that it releases PCBs, the owner of the military equipment must immediately clean up any resulting contamination and immediately take measures to prevent any further release of PCBs from the military equipment.

Marginal note:Museums

• 15.3 (1) A museum may retain for display or research purposes an object that contains PCBs in any concentration if

  • (a) the object was in the possession of the museum on the day on which this section comes into force;

  • (b) the object has historical value, including having regard to its uniqueness within the museum’s collection;

  • (c) the PCBs cannot be removed from the object without destroying it;

  • (d) the area where the object is kept is equipped with a fire suppression system; and

  • (e) all necessary measures are taken to minimize or eliminate any harmful effect of the PCBs on the environment and on human health.

• Marginal note:Damage

  (2) If any such object is damaged such that it releases PCBs, the owner of the museum must immediately clean up any resulting contamination and immediately take measures to prevent any further release of PCBs from the object.

End-of-use dates and Extension

Marginal note:Equipment — subparagraphs 14(1)(d)(i) to (iii)

• 16 (1) Subject to subsections (2) and (2.1), a person may use the equipment referred to in subparagraphs 14(1)(d)(i) to (iii) until the following dates if the equipment is in use on September 5, 2008:

  • (a) in the case of equipment containing PCBs in a concentration of 500 mg/kg or more, December 31, 2009; and

  • (b) in the case of equipment containing PCBs in a concentration of at least 50 mg/kg but less than 500 mg/kg,

    • (i) December 31, 2009, if the equipment is located at a drinking water treatment plant or food or feed processing plant, in a child care facility, preschool, primary school, secondary school, hospital or senior citizens’ care facility or on the property on which the plant or facility is located and within 100 m of it, and

    • (ii) December 31, 2026, if the equipment is located at any other place.

• Marginal note:Light ballasts and pole-top electrical transformers

  (2) A person may use the following equipment containing PCBs in a concentration of 50 mg/kg or more until December 31, 2026, if the equipment is in use on September 5, 2008:

  • (a) light ballasts; and

  • (b) pole-top electrical transformers and their pole-top auxiliary electrical equipment.

• Marginal note:Current transformers and other equipment

  (2.1) A person may, from January 1, 2015 until December 31, 2026, use any current transformers, potential transformers, circuit breakers, reclosers and bushings that are located at an electrical generation, transmission or distribution facility and contain PCBs in a concentration of 500 mg/kg or more if that equipment is in use on September 5, 2008.

• Marginal note:Liquid — authorized concentration

  (3) A person may use a liquid containing PCBs in a concentration of 2 mg/kg or more but less than 50 mg/kg in equipment until the day on which the liquid is removed from the equipment.

• Marginal note:Notice to Minister

  (4) A person who, on January 1, 2026, continues to use equipment referred to in subparagraph (1)(b)(ii) or subsection (2) or (2.1) must, within 120 days after the day on which this subsection comes into force, notify the Minister that the equipment is still in use.

Marginal note:Extension of end-of-use date

• 17 (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.

Marginal note:Extension beyond 2026

• 17.1 (1) A person may continue to use equipment referred to in subparagraph 16(1)(b)(ii) or subsection 16(2) or (2.1) until the date set out in an extension granted by the Minister under subsection (2) or (4).

• Marginal note:Electrical facilities scheduled to close

  (2) In the case of equipment referred to in subparagraph 16(1)(b)(ii) or subsection 16(2) or (2.1) that is located at an electrical generation, transmission or distribution facility that is scheduled for permanent closure on or before December 31, 2029, the Minister shall grant an extension up to the day on which the facility is scheduled to be permanently closed if

  • (a) the person submits to the Minister a written application containing the information referred to in subsection (3);

  • (b) the person 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; and

  • (c) the equipment bears the label required under section 29, if applicable.

• Marginal note:Application information

  (3) The application shall contain the following:

  • (a) the name, civic and mailing addresses, telephone number, fax number, if any, and email 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 that is the subject of the application, including

    • (i) the type and function of the equipment,

    • (ii) the quantity of liquids containing PCBs in the equipment, expressed in litres, the quantity of solids containing PCBs in the equipment, expressed in kilograms, and the concentration of PCBs in the liquids and solids, expressed in mg/kg, or, if any of that information is unknown, a statement to that effect, and

    • (iii) the nameplate description and the manufacturer’s serial number, if any;

  • (c) the unique identification number that is on the label required under section 29, if applicable;

  • (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;

  • (e) information demonstrating that the facility where the equipment is located is scheduled for permanent closure on or before December 31, 2029;

  • (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; and

  • (g) the applicant’s plan, along with timelines, for ending the use of the equipment.

• Marginal note:Other equipment

  (4) In the case of any other equipment referred to in subparagraph 16(1)(b)(ii) or subsection 16(2) or (2.1) for which it is not technically or economically feasible to end its use by December 31, 2026 — or the last day of an existing extension under this subsection, if applicable — the Minister shall grant an extension up to the date applied for but no later than five years after the last day on which the equipment would otherwise be permitted to be used if

  • (a) the person submits to the Minister a written application containing the information referred to in subsection (5);

  • (b) the person 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; and

  • (c) the equipment bears the label required under section 29, if applicable.

• Marginal note:Application information

  (5) The application shall contain the following:

  • (a) the information referred to in paragraphs (3)(a) to (d) and (f);

  • (b) information demonstrating that, at the time of the application, it is not technically or economically feasible for the applicant to end their use of the equipment by the deadline referred to in subsection (4), including by removing the PCBs from the equipment; and

  • (c) the applicant’s detailed plan for ending the use of the equipment including, as the case may be, information relating to the replacement of the equipment or the removal of the PCBs from the equipment and the proposed approach and timelines for final destruction of the PCBs.

• Marginal note:Multiple extensions

  (6) The Minister may grant multiple extensions under subsection (4) in respect of the same equipment.

• Marginal note:Notice of change to information

  (7) The applicant shall notify the Minister in writing of any change to the information provided under subsection (3) or (5) within 30 days after the day on which the change occurs.

• Marginal note:False or misleading information

  (8) 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 their application.

• Marginal note:Revocation

  (9) The Minister shall revoke an extension if

  • (a) the requirements set out in subsection (2) or (4), as the case may be, are no longer met during the period of the extension;

  • (b) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information to the Minister in support of their application; or

  • (c) in the case of an extension under subsection (4), the Minister is satisfied that ending the use of the equipment has become feasible.

• Marginal note:Revocation — reasons and representation

  (10) The Minister shall not revoke an 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.