Environment Canada recently released draft regulations made under the Canadian Environmental Protection Act, 1999 that would prohibit the use of PCBs and PCB-containing equipment and indefinite storage of PCBs.

On December 31, 2009, the use of equipment containing (i) high levels of PCBs (500 mg/kg or more) and (ii) PCBs of 50 mg/kg or more at sensitive locations (e.g., schools, hospitals, drinking-water treatment facilities and food or feed processing plants) would be prohibited.  On December 31, 2014, the use of equipment with PCB levels of 50 to 499 mg/kg at all other facilities would be prohibited, although the use of light ballasts, pole-top electrical transformers and specified equipment located at electrical generation, transmission and distribution facilities would not be prohibited until the end of 2025.  Exemptions would also be provided for certain cables and pipelines.

Regulated PCBs that are currently in storage would have to be destroyed by December 31, 2009.  This would eliminate the inventory of PCBs located at more than 1,600 storage sites across Canada.  The draft regulations would also place a one-year limit on the storage of PCBs generated after the regulations come into effect, although the storage of PCB solids generated from environmental remediation work for the duration of the work and the storage of PCB liquids for servicing in-use equipment would be allowed.  Sensitive locations would not be allowed to store PCBs other than light ballasts.

The draft regulations would also consolidate the current Chlorobiphenyls Regulations and the Storage of PCB Material Regulations made under the Canadian Environmental Protection Act, 1999 and amend and introduce a number of key provisions regarding prohibited and permitted activities relating to the manufacture, export/import, sale, use or processing of PCBs and PCB products.  They also introduce more stringent PCB release limits and set out new comprehensive labeling and annual reporting requirements.

Environment Canada is accepting comments on the draft regulations until January 3, 2007.  The regulations are expected to take effect in 2007.

The foregoing is a summary of a recent development in environmental law.  If you would like additional information about this or any other environmental law topic, please contact Sarah Powell, Alexandria Pike and Katie Goldberg Zwick in the Toronto office at (416) 863-0900 or Michel Pelletier in the Montréal office at (514) 841-6400.

Davies Ward Phillips & Vineberg LLP, with over 235 lawyers, practises nationally and internationally from offices in Toronto, Montréal, New York and an affiliate in Paris and is consistently at the heart of the largest and most complex commercial and financial matters on behalf of its North American and overseas clients .

The information and comments contained herein are for the general information of the reader and are not intended as advice or opinions to be relied upon in relation to any particular circumstances.  For particular applications of the law to specific situations, the reader should seek professional advice.