Import and export of PCBs
Three regulations, described below, control the import and export of polychlorinated biphenyls (PCBs). This factsheet outlines the requirements for importing and exporting PCBs.
PCB Regulations
The purpose of the regulations is to protect the health of Canadians and the environment by:
- preventing the release of PCBs to the environment
- accelerating the phasing out of these substances
Among other requirements, the PCB Regulations prohibit the export and import of PCBs in concentrations of 2 mg/kg or more unless:
- it is a permitted activity under these regulationsFootnote 1 or
- the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (XBR) control the export or import
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (XBR)
The purpose of these regulations is to control the transport of hazardous waste and hazardous recyclable material that are crossing international and interprovincial borders.
These regulations set requirements to:
- ensure that shipments of hazardous waste and hazardous recyclable materials crossing Canada's borders reach their intended destination
- reduce the risk of a release of contaminants into the environment
- strengthen Canada's ability to meet its international obligations
The XBR allow for the import, export and transit of hazardous waste and hazardous recyclable material with a PCB concentration of 50 mg/kg or more if:
- a permit is obtained
- the PCBs are destroyed or irreversibly transformed
Export of Substances on the Export Control List Regulations (ESECLR)
The ESECLR govern the export of substances included in Schedule 3 of the Canadian Environmental Protection Act, 1999 (CEPA). This list of substances is also known as the Export Control List. One of the aims of these regulations is to ensure that Canada meets its international obligations regarding exports, established under international treaties such as the following:
- Stockholm Convention on Persistent Organic Pollutants (POPs)
- Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
- Minamata Convention on Mercury
PCBs are included in Schedule 3 of CEPA, and their export is controlled by the ESECLR, regardless of concentration.
The flow chart below summarizes whether the import or export is regulated or prohibited and which regulations apply (see Figure 1).
Figure 1-Long description
“Do you want to export or import PCBs”?
If you want to export, you must ask, “What is the concentration of PCBs?”
- If the concentration is less than 2 mg/kg:
- The export is subject to the ESECLR
- If the concentration is 2 mg/kg or more and less than 50 mg/kg:
- The export is prohibited by the PCB Regulations
- If the concentration is 50 kg/more or more:
If you want to import, you must ask “What is the concentration of PCBs?”
- If the concentration is less than 2 mg/kg:
- The import is not subject to the PCB Regulations, the ESECLR and the XBR
- If the concentration is 2 mg/kg or more and less than 50 mg/kg:
- The import would be prohibited by the PCB Regulations
- If the concentration is 50 kg/more or more:
Disclaimer
The guidance contained in this page should be used for informational purposes only and should not be interpreted as legal guidance, since it does not reflect all the requirements of the Canadian Environmental Protection Act, 1999 (CEPA) or the PCB Regulations. Thus, should there be any discrepancy between this factsheet and the Act or the regulations, the Act and the regulations will prevail.