PCB Regulations (SOR/2008-273)

PART 4Labelling, Reports and Records

Labelling

Marginal note: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 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.

• Marginal note:Equipment for which extension applied for

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

• Marginal note:Exceptions

  (3) Subsection (1) does not apply to

  • (a) equipment or containers of liquids that bear a label on September 5, 2008 that indicates the presence of PCBs; and

  • (b) equipment that is too small, including light ballasts, to bear the label referred to in subsection (4).

• Marginal note:Containers for small equipment

  (3.1) The owner of the equipment referred to in paragraph (3)(b) that is stored shall affix the label referred to in subsection (4) in a readily visible location on the container in which the equipment is stored.

• Marginal note:Description

  (4) The label must

  • (a) state “ATTENTION — contains 50 mg/kg or more of PCBs / contient 50 mg/kg ou plus de BPC” in black lettering on a white background, in a font size of no less than 36 points;

  • (b) measure at least 150 mm by 150 mm or at least 76 mm by 76 mm in the case of capacitors; and

  • (c) in the case of equipment for which an extension is applied for under section 17, state a unique identification number.

Marginal note:Cables and pipelines

• 30 (1) The owner of a cable, a pipeline or equipment associated with a pipeline, referred to in paragraphs 14(1)(a) and (b), containing PCBs in a concentration of 50 mg/kg or more that is in a room, a tunnel or a facility shall either

  • (a) affix the label in the form set out in subsection 29(4) in a readily visible location on a part of the cable, pipeline or associated equipment that is accessible; or

  • (b) place a notice in a readily visible location at the entrance of the room, tunnel or facility that states the information set out in paragraph 29(4)(a) and measures at least 150 mm by 150 mm.

• Marginal note:If dismantled

  (2) If a part of the cable, pipeline or associated equipment is dismantled, the owner of the cable, pipeline or associated equipment shall affix on each dismantled part the label in the form set out in subsection 29(4), no later than 30 days after the day on which it is dismantled.

Marginal note:A facility other than transfer site or destruction facility

• 31 (1) The owner or operator of a PCB storage site, other than the PCB storage site of an authorized facility that is a transfer site or that is authorized to destroy PCBs, shall affix a label in a readily visible location on any product containing PCBs in a concentration of 50 mg/kg or more and that are stored at the PCB storage site, which

  • (a) is in the form referred to in subsection 29(4); and

  • (b) states “Date of Commencement of Storage / Date de début de stockage” and the date on which the storage begins.

• Marginal note:Transfer site or destruction facility

  (2) The owner or operator of the PCB storage site of an authorized facility that is a transfer site or that is authorized to destroy PCBs shall affix a label in the form set out in subsection 29(4) in a readily visible location on any container that is a fixed tank and that is used at the facility for the storage of PCBs or products containing PCBs in a concentration of 50 mg/kg or more.

• Marginal note:Notice

  (3) The owner or operator of a PCB storage site shall place a notice in a readily visible location at the entrance of the site that states the information set out in paragraph 29(4)(a) and that measures at least 150 mm by 150 mm.

• Marginal note:Non-application

  (4) Subsections (1) and (2) do not apply in respect of a product or container stored on September 5, 2008, if the product or the container

  • (a) bore a label on September 5, 2008 that indicated the presence of PCBs and that stated “Date of Commencement of Storage” and the date on which the storage began; and

  • (b) bears a label that states “Date of Commencement of Storage / Date de début de stockage” and the date on which the storage began.

Marginal note:Retention of labels

32 The person who is required to affix a label on a product or container in accordance with sections 29 to 31 shall ensure that it bears that label for the duration that the person possesses the product or container.

Reports

Marginal note:End of use of equipment and liquids — 2009

• 33 (1) The owner of the equipment referred to in paragraph 16(1)(a) or subparagraph 16(1)(b)(i) — other than the equipment for which an extension is granted by the Minister in accordance with section 17 and the equipment referred to in subsection 16(2) or (2.1) — or of the liquids referred to in subsection 15(2) shall prepare a report that is current to December 31 of each calendar year in which the person owns the equipment or the liquids 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 any person authorized to act on the owner’s behalf;

  • (b) for each piece of equipment, the civic addresses of the facilities where the equipment and liquids are located or, if there is no civic address, their location using the owner’s site identification system;

  • (c) for each piece of equipment, the quantity of liquids containing PCBs in the equipment and of liquids, 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,

    • (i) that are in use on December 31,

    • (ii) that are stored on December 31 at the person’s PCB storage site,

    • (iii) that are sent, in that calendar year, to an authorized facility that is a transfer site,

    • (iv) that are sent, in that calendar year, to an authorized facility that is authorized to destroy them, or

    • (v) 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 or by a person authorized to act on the owner’s behalf.

• Marginal note:Equipment and liquids with extension

  (2) The owner of the equipment referred to in paragraph 16(1)(a) or subparagraph 16(1)(b)(i) — other than the equipment referred to in subsection 16(2) or (2.1) — or of the liquids referred to in subsection 15(2) for which an extension is granted by the Minister in accordance with section 17 shall prepare a report that is current to December 31 of each calendar year in which the person owns the equipment or the liquids and that contains the following information for each piece of equipment or container of liquid:

  • (a) the information required under paragraphs (1)(a) and (d);

  • (b) the unique identification number that is on the label referred to in paragraph 29(4)(c);

  • (c) the civic address, function and technical description of the facility where the equipment or container of liquid is located or, if there is no civic address, its location using the owner’s site identification system;

  • (d) the progress on the plan’s implementation and the timelines for ending the use of the equipment;

  • (e) the measures taken to minimize or eliminate any harmful effect of the PCBs in the equipment on the environment and on human health; and

  • (f) the findings of the inspections of the equipment.

• Marginal note:End of use of equipment — 2025

  (3) The owner of the equipment referred to in subparagraph 16(1)(b)(ii) and subsection 16(2) shall prepare a report that is current to December 31 of each calendar year in which the person owns the equipment and that contains the following information:

  • (a) the information required under paragraphs (1)(a) and (d);

  • (a.1) the civic addresses of the facilities where the equipment and liquids are located or, if there is no civic address, their location using the owner’s site identification system; and

  • (b) 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 the solids, expressed in mg/kg,

    • (i) that are stored on December 31 at the person’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.

• Marginal note:End of use of equipment — 2025

  (4) The owner of the equipment referred to in subsection 16(2.1) shall prepare a report that is current to December 31 of each calendar year in which the person owns the equipment and that contains the following information:

  • (a) the information required under paragraphs (1)(a), (b) and (d); and

  • (b) for each piece of equipment, 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 the solids, expressed in mg/kg,

    • (i) that are in use on December 31,

    • (ii) that are stored on December 31 at the person’s PCB storage site,

    • (iii) that are sent, in that calendar year, to an authorized facility that is a transfer site,

    • (iv) that are sent, in that calendar year, to an authorized facility that is authorized to destroy them, or

    • (v) that are destroyed in that calendar year.

Marginal note:Research

34 The person who offers for sale, sells, processes or uses PCBs or products containing PCBs for the purpose of research in accordance with section 8 shall prepare a report that is current to December 31 in each calendar year in which the person offers for sale, sells, processes or uses those PCBs or products 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 person and of any person authorized to act on that person’s behalf;

• (b) an indication of whether the person offers for sale, sells, processes or uses the PCBs or products;

• (c) the quantity of the PCBs or of the products containing PCBs that are offered for sale, sold, processed or used in that calendar year; and

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

Marginal note:Colouring pigment

35 The person who manufactures, exports or imports colouring pigment in accordance with section 11 shall prepare a report that is current to December 31 in each calendar year in which the person manufactures, imports or exports the colouring pigment 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 person and of any person authorized to act on that person’s behalf;

• (b) an indication of whether the person manufactures, exports or imports colouring pigment;

• (c) the quantity of colouring pigment, expressed in kilograms, the maximum concentration of PCBs in the colouring pigment, expressed in mg/kg, and the average annual concentration of PCBs in the colouring pigment, expressed in mg/kg, that is manufactured, imported or exported in that calendar year;

• (d) in the case of importing, the name, telephone number and civic and mailing addresses of the person from whom the colouring pigment is imported and, in the case of exporting, the name, telephone number and civic and mailing addresses of the person to whom the colouring pigment is exported; and

• (e) a certification that the information is accurate and complete and that is dated and signed by the person or by a person authorized to act on their behalf.

Marginal note:Solid products containing PCBs

36 The person who manufactures solid products containing PCBs in accordance with section 13 shall prepare a report that is current to December 31 in each calendar year in which the person manufactures the products 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 person and of any person authorized to act on that person’s behalf;

• (b) the quantity of solid products manufactured in that calendar year, expressed in kilograms, and the maximum concentration and average concentration of PCBs in the solid products, expressed in mg/kg, for that calendar year;

• (c) the name, telephone number and civic and mailing addresses of the person to whom the manufacturer sells the products; and

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

Marginal note:Stored PCBs or products — PCB concentration of 50 mg/kg or more

37 The person who owns and stores PCBs or products containing PCBs in a concentration of 50 mg/kg or more, other than the equipment and liquids referred to in section 33, and the owner of a facility who stores PCBs or products containing PCBs in a concentration of 50 mg/kg or more, other than the person referred to in section 38, shall each prepare a report that is current to December 31 in each calendar year in which the person stores the PCBs or products at their PCB storage site 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 PCB storage sites where the PCBs or products are located, or if there is no civic address, their location using the owner’s site identification system;

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

  • (i) that are stored on December 31 at the person’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 PCBs or products containing PCBs or by a person authorized to act on the owner’s behalf.

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.