PCB Regulations — 1
Definitions 1 (1) The following definitions apply in these Regulations. Act means the Canadian Environmental Protection Act, 1999 . ( Loi ) authorized facility means a facility, including a transfer site, that is authorized by the authorities of the jurisdiction in which it is located to process PCBs or products containing PCBs or to conduct laboratory analysis or research with PCBs or products containing PCBs. ( installation agréée ) military equipment means equipment that is designed to be used in a combat or combat support function. ( pièce d’équipement militaire ) National Fire Code means the National Fire Code of Canada 2005, NRCC No. 47667, issued by the Canadian Commission on Building and Fire Codes, National Research Council of Canada, as amended from time to time. ( Code national de prévention des incendies ) PCB means a chlorobiphenyl described in item 1 of Part 1 of Schedule 1 to the Act. ( BPC ) process [Repealed, SOR/2011-301, s. 3] product [Repealed, SOR/2011-301, s. 3] Concentration — several matrices (2) For the purposes of these Regulations, if a solid or a liquid containing PCBs is composed of several matrices, the concentration of PCBs is based on the mass of the matrix in which the PCBs are located. Accredited laboratory (3) Any analysis performed to determine the concentration of PCBs for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis: (a) it is accredited (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories , by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or (ii) under the Environment Quality Act , CQLR, c. Q-2; and (b) the scope of its accreditation includes the analysis performed to determine the concentration of PCBs in the matrix in which the PCBs are located. Sampling method (4) For the purposes of these Regulations, other than section 13, the concentration of PCBs in a matrix is determined using a provincially, nationally or internationally recognized sampling method for PCBs in the matrix in which the PCBs are located. Sampling method — bulk solid products (5) For the purposes of section 13, the concentration of PCBs is determined using a sampling method for bulk solid products, which is set out in either federal or provincial legislation, as amended from time to time, or approved by the United States Environmental Protection Agency for compliance with the Resource Conservation and Recovery Act or with the regulations made under that Act, as amended from time to time. Exception (6) Despite subsections (3) to (5), the concentration of PCBs in a product may be determined without sampling and analysis if (a) the manufacturer’s original label or specifications in respect of the product indicate the concentration of PCBs, unless there is evidence that that indicated concentration does not represent the concentration of PCBs in the product with sufficient accuracy to determine whether the relevant concentration threshold has been surpassed; or (b) the product is substantially similar — including having regard to its type and age — to another product in which the concentration of PCBs is known as a result of either the application of paragraph (a) or sampling and analysis, unless there is evidence that that known concentration does not represent the concentration of PCBs in the product with sufficient accuracy to determine whether the relevant concentration threshold has been surpassed. SOR/2010-57, ss. 1(F), 20(F); SOR/2011-301, s. 3; SOR/2014-75, s. 1 SOR/2021-42, s. 2 SOR/2025-273, s. 1