Canada Gazette, Part I, Volume 157, Number 51: Regulations Amending the PCB Regulations and the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

December 23, 2023

Statutory authority
Canadian Environmental Protection Act, 1999

Sponsoring departments
Department of the Environment
Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The PCB Regulations (the Regulations) set deadlines for ending the use of equipment containing polychlorinated biphenyls (PCBs) and limit the period of time that PCBs can be stored prior to destruction. The Department of the Environment (the Department) has identified the need to amend the Regulations to introduce necessary deferrals in some regulatory requirements.

PCB-containing equipment is in highly radioactive areas at certain nuclear facilities. These areas with high radiation fields are designed to prevent releases of radioactive material into the environment and are rarely accessed during reactor operation. The removal of such equipment from these restricted areas would risk exposure to high radiation fields and could lead to unnecessary radiation doses to employees that could affect their health and safety. In addition, there are no facilities in Canada that can destroy radioactive PCB waste. Facilities that can deal with such waste do exist in the United States; however, export is not possible, as currently, the United States is not accepting imports of PCB waste in concentrations of 2 mg/kg or more.

The Regulations also require that certain types of equipment used at electrical facilities be removed from service by 2025. Some coal-fired generation facilities use PCB-containing equipment. These facilities are slated to be decommissioned between 2025 and December 31, 2029, because of the Regulations Amending the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations. Operators have, therefore, requested an extension to the end-of-use deadline for PCB-containing equipment in order to align with the facility closures.

In addition, the Department of National Defence (DND) owns several pieces of PCB-containing equipment that are required to maintain older infrastructure, such as ships and aircraft, that cannot use PCB alternatives. Currently, the use of such equipment is not permitted under the Regulations and the equipment must be taken out of use in accordance with the prescribed deadlines. In addition, DND requires longer timelines to dispose of military equipment due to the nature of military equipment and associated asset disposal requirements.

Further, some museums have objects of historical value containing PCBs in unknown concentrations. To determine these PCB concentrations, the objects would have to be destroyed, resulting in the loss of their historical significance. Currently, the use of such objects is not a permitted activity under the Regulations, and the objects must be taken out of use in accordance with the deadlines prescribed by the Regulations.

Finally, the Department has identified the need to clarify some provisions of the Regulations. The provision to destroy PCBs is focused on those that are present in concentrations of 50 mg/kg or more. Mixing PCB oil with non-PCB oil to reduce the concentration of PCBs in oils is not allowed. There are some indications that regulatees may currently be using the practice of altering concentration levels to circumvent the PCB Regulations. Diluting the concentration of PCBs and disposing of them would pose a safety risk because doing so would not destroy the PCBs.

Amendments to the PCB Regulations are needed to address these issues.

Background

PCBs are known to be persistent in environmental media and in human and animal tissue, and they are considered a threat to human health and the environment. Due to their toxic nature, PCBs are included in Part 1 of Schedule 1 of the List of Toxic Substances under the Canadian Environmental Protection Act, 1999 (CEPA). The PCB Regulations minimize exposure to and environmental releases of PCBs.

The Regulations were made in 2008 to implement the Government of Canada’s commitment to protect the health of Canadians and the environment by preventing the release of PCBs to the environment and by accelerating the phase-out of these substances. The most recent amendments to the Regulations came into force on January 1, 2015. These amendments repealed the Federal Mobile PCB Treatment and Destruction Regulations, and most notably added an end-of-use deadline date of December 31, 2025, for specific electrical equipment located at electrical generation, transmission, or distribution facilities, and related reporting requirements.

The Regulations set deadlines to end the use of PCBs in concentrations at or above 50 mg/kg in various pieces of equipment and limit the period of time that PCBs can be stored prior to destruction. Since the coming-into-force of the Regulations, significant progress has been made towards destroying PCBs and products containing PCBs that were subject to the Regulations. Figure 1 below provides the quantitiesfootnote 1 of PCBs in use in Canada at concentrations greater than 500 mg/kg in equipment subject to the Regulations since their coming-into-force, and indicates a significant decrease over time. Figure 2 provides the quantities of PCBs that have been destroyed annually since the coming-into-force of the Regulations.

Figure 1: Quantities (tonnes) of PCBs in use in Canada in equipment subject to the PCB Regulations

Figure 1: Quantities (tonnes) of PCBs in use in Canada in equipment subject to the PCB Regulations – Text version below the graph

Figure 1: Quantities (tonnes) of PCBs in use in Canada in equipment subject to the PCB Regulations

Figure 1 provides the quantitiesfootnote 1 of PCBs in use at concentrations greater than 500 mg/kg in equipment subject to the Regulations between the reporting years 2008 to 2022. Based on the reporting data, the following estimated quantities of PCBs were determined to be in use per year: 1 274.9 tonnes in 2008, 871.9 tonnes in 2009, 696.9 tonnes in 2010, 546.7 tonnes in 2011, 344.4 tonnes in 2012, 203.3 tonnes in 2013, 51.2 tonnes in 2014, 25 tonnes in 2015, 10.1 tonnes in 2016, 0.0054 tonnes in 2017, 0.0046 tonnes in 2018, 0.0045 tonnes in 2019, 0.0037 tonnes in 2020, 0.0036 tonnes in 2021 and 0.0035 tonnes in 2022.

Source of data: ePCB database reporting system.

Figure 2: Quantities (tonnes) of PCBs destroyed in Canada subject to the PCB Regulations

Figure 2: Quantities (tonnes) of PCBs destroyed in Canada subject to the PCB Regulations – Text version below the graph

Figure 2: Quantities (tonnes) of PCBs destroyed in Canada subject to the PCB Regulations

Figure 2 provides the quantities of PCBs destroyed between the reporting years 2008 to 2019. Based on the reporting data, the following estimated quantities of PCBs were determined to be destroyed per year: 8.2 tonnes in 2008, 583 tonnes in 2009, 1 257.1 tonnes in 2010, 328.4 tonnes in 2011, 420.3 tonnes in 2012, 262 tonnes in 2013, 575.3 tonnes in 2014, 188.7 tonnes in 2015, 125.5 tonnes in 2016, 17 tonnes in 2017, 13.7 tonnes in 2018, 198.2 tonnes in 2019, 30.4 tonnes in 2020, 20.4 tonnes in 2021 and 22.6 tonnes in 2022.

Source of data: ePCB database reporting system.

Requirements under the Regulations, including the more stringent release limits, have led to a reduction of PCB releases into the environment. In addition, the labelling and reporting requirements for PCBs provide the necessary information to monitor progress towards end-of-use targets.

The Department has identified the need to amend the Regulations to address issues identified through their implementation or that were not foreseen at the time of their publication on September 17, 2008, and subsequent amendments published on April 23, 2014.

Objective

The objective of the Regulations Amending the PCB Regulations and the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) [the proposed Amendments] is to provide flexibility for the use and storage of PCB-containing equipment under unique circumstances that were not foreseen when the Regulations came into force.

Description

The proposed Amendments would allow for the continued use and storage of PCB-containing equipment that is radioactive. Nuclear facilities would be required to remove and destroy their PCB-containing equipment when it could be safely done.

The proposed Amendments would also allow for electrical facilities that are due to be decommissioned by December 31, 2029, to continue to use certain types of PCB-containing equipment until that time, subject to ministerial approval. This would be done through an application process following which the Minister of the Environment could grant authority to continue the use of the PCB-containing equipment. Extensions would be granted on conditions such as ensuring that applicants are taking measures to minimize harmful effects of PCBs, and ensuring that applicants have prepared a plan to end the use of the equipment by the closure date.

In addition, the proposed Amendments would allow for the continued use and storage of military equipment containing PCBs, for cases in which non-PCB alternatives cannot be substituted. Currently, the use of such equipment is not permitted under the Regulations and the equipment must be taken out of use in accordance with the prescribed deadlines. The extended storage time for military equipment would be granted through an application process. The written application would have to include an estimated date of disposal and information demonstrating that the equipment cannot be disposed of before that date. Such an extension will give the Department of National Defence the opportunity to plan for the more time-consuming disposal requirements of military equipment.

Further, the proposed Amendments would allow museums to keep in their collections PCB-containing objects that are of historical significance. Currently, the use of such objects is not a permitted activity under the Regulations and the objects must be taken out of use in accordance with the deadlines.

Finally, the proposed Amendments would also clarify that mixing PCB oil with non-PCB oil for the purposes of reducing the PCB concentration is not allowed, and that laboratory tests are not required if the PCB concentration is already known by other means.

Other related amendments

The proposed Amendments would also make amendments to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) to list certain provisions of the PCB Regulations, including provisions resulting from the proposed Amendments.

Regulatory development

Consultation

A discussion document was published on September 24, 2020, for a 60-day consultation period to solicit comments from stakeholders. The scope of the discussion document centred on issues relating to radioactive PCBs and the import of PCB waste in concentrations of over 2 mg/kg but less than 50 mg/kg. Stakeholders also took the opportunity to comment on other issues they had with the implementation of the Regulations at the same time. The Department received comments from different industry sectors, such as hydroelectricity, nuclear, energy and gas, and waste management; and from other federal departments.

In addition to the publication of the discussion document, the Department had bilateral meetings with certain regulated companies within these industry sectors to continue its analysis on outstanding issues pertaining to the Regulations.

A summary of the discussions can be found below.

Nuclear facilities

Comment: Nuclear facilities have indicated that it would be a challenge to meet the 2025 deadline for the removal from use of equipment containing radioactive PCBs, in addition to respecting the subsequent maximum storage period that would apply prior to destroying them, and destroying the PCBs as required under the Regulations. Furthermore, there are no facilities in Canada that can destroy such waste, and the export of waste from Canada is not feasible either.

Response: The Department acknowledges the case for delaying the removal of radioactive PCBs since there are no facilities in Canada able to destroy radioactive PCBs, and therefore it is preferred to leave them in place where they are contained, rather than removing them from use. As the radioactive PCBs are located in contained and confined areas within nuclear facilities, it has been determined that there are minimal environmental risks associated with leaving the equipment in place.

Facilities scheduled for permanent closure by December 31, 2029

Comment: Electrical facilities have requested to extend the end-of-use deadline for a limited number of facilities that are scheduled for closure by the end of 2029 due to the Regulations Amending the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations. To respect the 2025 deadline, such facilities would bear the additional burden of having to remove and replace equipment shortly before permanent facility closure.

Response: For such specific facilities, an extension process for the continued use of the equipment until the scheduled permanent closure has been included in this proposal. Extensions will be granted on conditions such as ensuring that applicants are taking measures to minimize harmful effects of PCBs and ensuring that applicants have prepared a plan to end the use of the equipment by the closure date. This will remove the unnecessary costs associated with removing and replacing equipment shortly before the permanent facility closure.

Department of National Defence

Comment: DND has expressed that there are essential operational items suspected or known to contain PCBs within defence operations. Such items are available in limited stocks; destroying them would have a significant impact on the availability of military equipment and on defence operations. Furthermore, the process leading to the actual disposal of military equipment involves numerous steps and consultations, leading to a lengthy process.

Response: The continued use and storage of such military equipment have been included in the proposal. Such use can only be permitted for cases for which non-PCB-containing alternatives cannot be substituted for the military equipment. Additionally, the storage of such military equipment will require that the Minister of the Environment approve extension applications, including an estimated date of disposal and information demonstrating that the equipment cannot be disposed of before that date. This would allow the availability of mission-critical military equipment to preserve DND’s operational capacity.

Museums

Comment: Museums have raised issues about objects of historical value containing PCBs. Museums have expressed concerns related to the disposal of such objects due to their historical significance. They noted that the Regulations do not enable museums to maintain PCB-containing objects in their original form and function within their collections.

Response: The Department understands that the PCB concentration in the objects is unknown, and that testing cannot be completed without destroying the objects themselves. The PCBs are contained in sealed objects and consequently, the risk of release is minimal. Therefore, allowing museums to retain objects of historical value containing PCBs has been added to this proposal. This would allow for the possibility of preserving the historical significance of such objects, including having regard to their uniqueness within the museum’s collection, prior to their ultimate destruction.

Hydroelectric facilities

Comment: Certain hydroelectric facilities have brought up logistical challenges in the removal of their electrical equipment. They have also raised issues relating to PCB cross-contaminated equipment and to testing equipment for PCBs without destroying the equipment itself. They have stated that such issues are making it challenging to prepare for the 2025 end-of-use deadline.

Response: Other utility businesses have not raised this issue with the Department, and it is uncertain if they are facing similar challenges. However, the majority of hydroelectric facilities have already made significant efforts in removing their PCB-containing equipment from use and in having them destroyed in accordance with the requirements of the Regulations. Therefore, extending the 2025 end-of-use deadline for such equipment is not being considered in this proposal for the sake of environmental protection and equality of stakeholder treatment.

Waste importers

Comment: Two waste-importing companies expressed interest in removing the prohibition on the import of PCB waste in concentrations of 2 mg/kg or more but less than 50 mg/kg. They had expressed that the regulatory framework applicable to the import of PCB-contaminated waste was creating obstacles for importers wishing to import waste at such concentrations for the purposes of safe disposal.

Response: Removing the prohibition on the import of PCB wastes in concentrations of 2 mg/kg or more and below 50 mg/kg is not being considered in this proposal because further analysis is required and this issue is not affected by the upcoming 2025 end-of-use deadline. An initial analysis of the issue raised questions with respect to the management of low-level PCB waste, due to environmental harm caused by PCBs in aquatic ecosystems and in species that eat primarily aquatic organisms. Further work is needed to address these questions and will be part of a more comprehensive review of the Regulations through the Departmental Stock Review Process.

Modern treaty obligations and Indigenous engagement and consultation

The Department has determined that the proposed Amendments would not impact the rights of Indigenous peoples and that these amendments would respect the federal government’s obligations in relation to rights protected by section 35 of the Constitution Act, 1982, modern treaties, and international human rights obligations.

Instrument choice

To meet the objectives outlined above, it was determined that the only viable option was to amend the Regulations. Maintaining the status quo was not considered to be a viable option as this would risk the safety of workers at nuclear facilities, disrupt the preservation of objects of historical value, impede military infrastructure, and impose an additional burden on facilities set for closure due to other federal obligations.

Regulatory analysis

This is estimated to be a low-cost proposal. While the impacts have not been quantified or monetized, it is expected that the proposed Amendments would result in a net benefit to Canadian society.

Benefits

The proposed Amendments would defer the cost of replacing or modifying equipment that uses PCB oils to a future date, thus providing one-time cost savings. The replacement of PCB-containing equipment would not be necessary during the period of deferral, which is indefinite, except for electrical facilities scheduled for permanent closure by December 31, 2029. Table 1 below presents the non-quantified benefits.

In addition, the proposed prohibition on mixing PCB oil with non-PCB oil to reduce the concentration of PCBs in oils would ensure that regulatees respect the required concentration levels, without being able to dilute the concentration of PCBs as a workaround to the Regulations. This would ensure that high concentration PCB oils are destroyed. As a result, this leads to a reduction in the risk of release and therefore, minimizes PCB exposure for Canadians and the environment.

Current PCB regulatory requirements relating to the release to the environment, and prohibitions on the manufacture, export, import, sale, processing, and use of PCBs and products containing PCBs, would, subject to the proposed Amendments, continue to apply. Furthermore, where PCB-containing equipment is sealed and/or contained within a building, the releases of PCBs to the environment are expected to be low. Hence, the potential environmental and health impacts are expected to be low.

Table 1: Non-quantified benefits
Regulatee Expected benefits
Nuclear facilities These facilities would benefit from one-time cost-savings related to removing, transporting, and destroying their PCB-containing equipment (mainly ballasts) by 2025. They would be permitted to continue to use PCB-containing equipment that is radioactive, as well as to store such equipment until its removal and destruction can be safely completed. In addition, this would ensure the health and safety of workers at nuclear facilities by preventing the risk of exposure to high radiation fields.
Electrical facilities scheduled to close These facilities would benefit from one-time cost-savings arising from not having to remove, destroy, or replace their PCB-containing equipment by 2025. This would also facilitate alignment with the facility closures resulting from the implementation of the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations.
Museums Museums would also benefit from one-time cost-savings by deferring the destruction of their objects of historical value to a later date when they no longer need the objects and send them for destruction. The significance of historical objects in museums would be preserved, without bearing an additional burden. This would contribute to protecting Canadian heritage.
Department of National Defence (DND) DND would benefit from one-time cost-savings due to not requiring replacement parts or replacement of vehicles with equipment containing PCB-oils before the end of their useful life. DND would benefit from the continued use and storage of military equipment containing PCBs, for which non-PCB alternatives cannot be substituted. This would contribute to preserving DND’s operational capacity.

Costs

The proposed Amendments are not expected to have a major impact on the risk of exposure from releases of PCBs. The risk to human health and the environment from accidental exposure due to prolonged use or storage is low. The consensus among scientists around the world is that PCBs should be (and are) classified as probable human carcinogens. All Canadians are exposed to very small amounts of PCBs through food intake and, to a lesser extent, through air, soil and water. As a result, all Canadians have PCBs in their bodies, which makes linking specific adverse health effects to PCBs released from equipment very difficult to isolate and assess. The proposed Amendments would result in a slower phase-out of some PCB-containing equipment and therefore increase the risk of releases of PCBs to the environment. However, given that PCB-containing equipment is sealed and/or contained within a building, the risk of releases of PCBs to the environment is expected to be low.

The Minister of Environment would, subject to the requirements set out in the proposed Amendments, grant authority to the small number of electrical facilities that are due to be decommissioned by December 2029 to continue to use their PCB-containing equipment until their decommission date. For these facilities, there would be administrative costs associated with the applications to extend their use of PCB-containing equipment.

The proposed Amendments would not create additional costs to the Department beyond the need to make regulatees aware of the proposed Amendments and to process applications for permitted activities allowing for the continued use of certain PCB-containing equipment. This is because the current PCB regulatory framework would remain the same and the existing implementation, compliance, and enforcement policies and programs would continue to apply. The costs associated with the processing of applications would be low based on the assumption that a limited number of applications for extension would be received over a long period. The costsfootnote 2 for processing each application for extending the use of PCB-containing equipment are estimated at $370 for the Government.

Small business lens

This proposal would potentially affect museums, which are small enterprises. However, the proposed Amendments would not result in additional compliance or administrative costs to these small organizations. Costs would be deferred to a later date when museums no longer need the objects of historical value containing PCBs and send them for destruction. These small businesses would not need to apply to continue to keep the objects containing PCBs past the 2025 deadline because it would be a permitted activity under the proposed Amendments.

One-for-one rule

The one-for-one rule applies since there is an incremental increase in the administrative burden on business, and the proposal is considered burden in under the rule. No regulatory titles are repealed or introduced. The proposed Amendments would allow businesses operating electrical facilities that are due to be decommissioned by December 31, 2029, to apply for the continued use of their PCB-containing equipment. The impacted regulatees currently report annually on the status of their PCB-containing equipment. Under the proposed Amendments, these stakeholders would be required to continue their reporting effort, even though the reported number of destroyed PCBs would be different due to the extension of the end-of-use deadline. The proposed Amendments would slightly increase the administrative costs only for electrical facilities that choose to apply for an extension. The Department has estimatedfootnote 3 this increase at $591 in annualized administrative costs, or approximately $42 per company annually. This estimate assumes a total of 11 hours would be required to learn about the amendments and complete an extension application process at a cost of labour of $46 an hour.

Regulatory cooperation and alignment

This proposal is not expected to have any impact on regulatory cooperation and alignment. The proposed Amendments to the Regulations would continue to respect Canada’s international obligations and commitments.

Many governments around the world have implemented various regulatory initiatives, both domestically and through international collaboration, to reduce human and ecological exposure to PCBs. Canada is a party to several international agreements that address the sound management of PCBs, including the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention) and the Protocol on Persistent Organic Pollutants to the United Nations Economic Commission for Europe’s Convention on Long-Range Transboundary Air Pollution. Both agreements have legally binding requirements for eliminating the use and release of PCBs.

These international agreements generally require that determined efforts to eliminate PCBs be made within a specified period. Even with the proposed Amendments, Canada will have made such determined efforts. Further, these Amendments would ensure that equipment and objects containing PCBs would ultimately be destroyed in an environmentally sound manner, which is consistent with the obligations under the Stockholm Convention and the Protocol on Persistent Organic Pollutants.

Canada has also committed to the virtual elimination of PCBs from the environment under the Commission for Environmental Cooperation’s North American Regional Action Plan for PCBs.

Strategic environmental assessment

The proposed Amendments have been developed under the Chemicals Management Plan, a Government of Canada initiative aimed at reducing the risks posed by chemicals to Canadians and their environment. A strategic environmental assessment concluded that the proposed Amendments are aligned with goal 12 of the 2022–2026 Federal Sustainable Development Strategy, which relates to managing risks to protect Canadians from harmful substances.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Amendments would come into force on the day they are published in the Canada Gazette, Part II. Given the nature of the proposed Amendments, a delayed coming-into-force date is not being considered.

To implement the proposed Amendments, the Department would undertake several compliance promotion activities. These activities would aim to raise awareness and promote a high level of compliance as early as possible during the regulatory implementation process.

Compliance and enforcement

Members of the regulated community would be responsible for ensuring compliance with the proposed Amendments, and for producing and maintaining evidence of conformity. To assist regulated parties in understanding the new requirements, the existing guidance material would be updated and posted on the Department’s website. The updated material would provide details on the new administrative provisions and requirements.

Implementation and enforcement actions would continue to be undertaken by the Department in accordance with the Canadian Environmental Protection Act: compliance and enforcement policy (the Policy). As the proposed Amendments would be made under CEPA, enforcement officers would apply the Policy when verifying compliance with the regulatory provisions.

Service standards

The proposed Amendments provide for an extension of the storage of military equipment and an extension of the December 31, 2025, deadline for electrical facilities that are due to be decommissioned by December 2029 to continue to use certain types of PCB-containing equipment until that time. If the conditions specified in the proposed Amendments are met, a facility could submit an application for an extension in order to continue using such equipment past the 2025 end-of-use deadline. Applications, without fees, would be submitted to the Minister of the Environment. The administrative procedure would not be expected to take more than 60 days, once all the required documentation is provided. The Department would make every effort to respond promptly to extension applications and to complete the administrative procedure. If an extension application were to be rejected, there would be no possibility to appeal the decision.

Compliance with the service standards for processing extension applications would be monitored and evaluated as part of normal regulatory performance measurement and evaluation.

Contacts

Astrid Télasco
Director
Waste Reduction and Management Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: bpc-pcb@ec.gc.ca

Maria Klimas
Acting Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Environment and Climate Change Canada
200 Sacré-Cœur Boulevard, 10th Floor
Gatineau, Quebec
K1A 0H3
Email: ravd.darv@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, under subsection 332(1)footnote a of the Canadian Environmental Protection Act, 1999 footnote b, that the Governor in Council proposes to make the annexed Regulations Amending the PCB Regulations and the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) under subsection 93(1) and section 286.1footnote c of that Act.

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. Persons filing comments are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website. Persons filing comments by any other means, and persons filing a notice of objection, should cite the Canada Gazette, Part I, and the date of publication of this notice, and send the comments or notice of objection to Astrid Télasco, Director, Waste Reduction and Management Division, Environmental Protection Branch, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3 (fax: 819‑938‑4553; email: bpc-pcb@ec.gc.ca).

A person who provides information to the Minister may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, December 7, 2023

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending the PCB Regulations and the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

PCB Regulations

1 (1) Subsection 1(1) of the PCB Regulations footnote 4 is amended by adding the following in alphabetical order:

military equipment
means equipment that is designed to be used in a combat or combat support function. (pièce d’équipement militaire)

(2) Section 1 of the Regulations is amended by adding the following after subsection (5):

Exception

(6) Despite subsections (3) to (5), the concentration of PCBs in a product may be determined without sampling and analysis if

2 Subsection 5(2) of the Regulations is replaced by the following:

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 or 17.1.

3 Paragraph 6(c) of the Regulations is replaced by the following:

4 Section 12 of the Regulations is replaced by the following:

Destruction

12 A person may process or mix with another substance PCBs or a product containing PCBs for the purpose of destroying the PCBs, or of recovering them for the purpose of destroying them, in an authorized facility that is authorized for that purpose.

5 The Regulations are amended by adding the following after section 15:

Nuclear facilities

15.1 (1) A person may use equipment that contains radioactive PCBs at a nuclear facility as defined in section 2 of the Nuclear Safety and Control Act as long as all necessary measures are taken to minimize or eliminate any harmful effects of the PCBs on the environment and on human health.

Damage

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

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

Damage

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

Museums

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

Damage

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

6 Section 15.1 of the Regulations is amended by adding the following after subsection (2):

Inventory

(3) The owner of the equipment shall keep an up-to-date inventory that contains the following information for each piece of equipment:

7 Section 15.2 of the Regulations is amended by adding the following after subsection (2):

Inventory

(3) The owner of the military equipment shall keep an up-to-date inventory that contains the following information for each piece of military equipment:

8 Section 15.3 of the Regulations is amended by adding the following after subsection (2):

Inventory

(3) The owner of the museum shall keep an up-to-date inventory that contains the following information for each object:

9 The Regulations are amended by adding the following after section 17:

Extension — electrical facilities scheduled to close

17.1 (1) A person may continue to use, until the date set out in an extension granted by the Minister under subsection (2), 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.

Application

(2) The Minister shall, on receipt of a written application containing the information set out in subsection (3), grant an extension until the day on which the facility is scheduled to be permanently closed if

Information

(3) The application shall contain the following:

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.

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.

Revocation

(6) The Minister shall revoke the extension if

Reasons for revocation

(7) The Minister shall not revoke the extension unless the Minister provides the applicant with

10 (1) Subsection 22(1) of the Regulations is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (b):

(2) Section 22 of the Regulations is amended by adding the following after subsection (3):

Application for extension — military equipment

(4) The Minister shall, on receipt of a written application containing the following information, grant an extension for the storage of military equipment up to the date applied for but no later than five years after the day on which the extension is granted:

Multiple extensions — military equipment

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

11 (1) Subsections 29(1) and (2) of the Regulations are replaced by the following:

Equipment and liquids used for their servicing

29 (1) The owner of equipment referred to in section 16, other than equipment for which an extension has been applied for under section 17 or 17.1, or of a liquid used in its servicing referred to in subsection 15(2) shall affix a label in a readily visible location on the equipment or on the container of the liquid, no later than 30 days after the day on which it ceases to be used.

Equipment for which extension applied for

(2) The owner of equipment for which an extension has been applied for under section 17 or 17.1 shall affix a label in a readily visible location on the equipment.

(2) Paragraph 29(4)(c) of the Regulations is replaced by the following:

12 The Regulations are amended by adding the following before section 33:

Equipment containing radioactive PCBs still in use

32.1 The owner of equipment referred to in subsection 15.1(1) shall prepare a report that is current to December 31 of each calendar year in which they own the equipment that indicates that they own equipment whose use is permitted under that subsection.

Military equipment still in use

32.2 The owner of military equipment referred to in subsection 15.2(1) shall prepare a report that is current to December 31 of each calendar year in which they own the equipment that indicates that they own military equipment whose use is permitted under that subsection.

Museum object still in use

32.3 The owner of a museum that possesses an object referred to in subsection 15.3(1) shall prepare a report that is current to December 31 of each calendar year in which they possess the object that indicates that they possess an object whose retention is permitted under that subsection.

13 (1) Paragraphs 33(3)(a.1) and (b) of the Regulations are replaced by the following:

(2) Paragraphs 33(4)(a) and (b) of the Regulations are replaced by the following:

(3) Section 33 of the Regulations is amended by adding the following after subsection (4):

End of use of equipment containing radioactive PCBs

(5) The owner of equipment referred to in paragraph 22(1)(c) that is no longer being used in accordance with section 15.1 shall prepare a report that is current to December 31 of each calendar year in which they own the equipment and that contains the following information:

End of use of military equipment

(6) The owner of military equipment that contains PCBs in a concentration of 50 mg/kg or more and that is no longer being used in accordance with section 15.2 shall prepare a report that is current to December 31 of each calendar year in which they own the equipment and that contains the following information:

End of use of museum objects

(7) The owner of a museum that possesses an object that contains PCBs in a concentration of 50 mg/kg or more and that is no longer being retained for display or research purposes under section 15.3 shall prepare a report that is current to December 31 of each calendar year in which they possess the object and that contains the following information:

14 Subsection 39(1) of the Regulations is replaced by the following:

Date of submission of report

39 (1) The person who is required to prepare a report in accordance with any of sections 32.1 to 32.3, any of subsections 33(1), (2) and (4) to (7) or 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.

15 The portion of section 42 of the Regulations before paragraph (a) is replaced by the following:

Method of submission

42 Each report referred to in sections 32.1 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

Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

16 The portion of item 22 of the schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) footnote 5 in column 2 is amended by adding the following after paragraph (b):

Item

Column 2

Provisions

22
  • (c) subsection 15.1(2)
  • (d) subsection 15.2(2)
  • (e) subsection 15.3(2)
  • (f) section 19
  • (g) subsection 20(1)
  • (h) subsections 21(1) and (3)
  • (i) section 24
  • (j) paragraphs 25(a) to (i) and (l) to (o)
  • (k) paragraph 27(b)

Coming into Force

17 (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Sections 6 to 8 come into force on the day that, in the sixth month after the month on which these Regulations are registered, has the same calendar number as the day on which these Regulations are registered or, if that sixth month has no day with that number, the last day of that sixth month.

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