Increased Enforcement of PCB Reporting

Environment Canada (EC) released Regulation SOR/2008-273 in September 2008. The foundation of the Regulation is that PCB equipment and other PCB-containing items are to be removed from service between 2009 and 2025.

The Regulation can be found at: http://canadagazette.gc.ca/rp-pr/p2/2008/2008-09-17/html/sor-dors273-eng.html 

One of the tasks that is to be performed by building owners or property managers in the management of PCBs is reporting. Environment Canada expects that the reporting will be performed as per the schedule in the Regulation.

One frequently overlooked reporting requirement is the need to report the quantity of all PCB-containing light ballasts that are disposed of. The Regulation states the following:

Reports made under subsection 33(3) are required in Subsection 39(2)

39(2) The person who is required to prepare a report in accordance with subsection 33(3) shall submit it to the Minister

1. 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;
2. on or before March 31, 2014 for reports that are current to December 31 of each of the years 2010 to 2013;
3. on or before March 31, 2018 for reports that are current to December 31 of each of the years 2014 to 2017;
4. on or before March 31, 2022 for reports that are current to December 31 of each of the years 2018 to 2021;
5. on or before March 31, 2026 for reports that are current to December 31 of each of the years 2022 to 2025;
6. on or before March 31, 2027 for reports that are current to December 31 of the year 2026; and
7. on or before March 31, 2030 for reports that are current to December 31 of each of the years 2027 to 2029.  

For reference, Section 33(3) states:

33(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:

1. the information required under paragraphs (1)(a), (b) and (d); and
2. the quantity, expressed in litres, of liquids containing PCBs in the equipment, and the concentration, expressed in mg/kg, of the PCBs

(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.

For further reference, Subsection 16(2) states:

16(2) A person may use the following equipment containing PCBs in a concentration of 50 mg/kg or more until December 31, 2025, if the equipment is in use on the day on which these Regulations come into force:

(a) light ballasts; and
(b) pole-top electrical transformers and their pole-top auxiliary electrical equipment.

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