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Regulation number	Title
C-6	Clean Environment Act

Under section 32 of the Clean Environment Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Used Oil Regulation - Clean Environment Act.

2In this Regulation

“Act” means the Clean Environment Act; (Loi)

“Air Quality Regulation” means the Air Quality Regulation - Clean Air Act; (Règlement sur la qualité de l’air)

“carrier” means the holder of a Carrier Approval; (transporteur)

“Carrier Approval” means a valid and subsisting Carrier Approval issued under section 7 or renewed under section 10; (agrément de transporteur)

“contaminate used oil” means(contaminer de l’huile usée)

(a) directly or indirectly to add to used oil any substance with a flashpoint of less than 61 degrees Celsius, or

(b) directly or indirectly to add to used oil a substance containing more than 5 milligrams per kilogram of polychlorinated biphenyls (PCBs) or containing more than 1000 milligrams per kilogram of total organic halogens (as chlorine);

“generator” means a person who causes oil to become used oil directly through personal use or in the course of operating a business enterprise; (producteur)

“industrial vendor” Repealed: 2013-5

“lubricating oil” means a petroleum based oil that is being or is intended to be used primarily as a lubricant in combustion engines, turbines, transmissions, gearboxes, hydraulic equipment and other similar equipment; (huile lubrifiante)

“motor vehicle” means a motor vehicle as defined in the Motor Vehicle Act; (véhicule à moteur)

“oil” means, unless otherwise indicated, lubricating oil or non-halogenated metalworking fluid used in cutting, grinding, machining, rolling, stamping or coating and does not include crude or fuel oil spilled on land or in or on water, waste from refining operations or oil derived from animal or vegetable fat; (huile)

“receiver” means a person who is required to hold and holds an approval under the Water Quality Regulation or the Air Quality Regulation because the person takes possession of used oil from generators or carriers, and includes an employee of such a person;(receveur)

“return facility” Repealed: 2013-5

“used lubricating oil” means lubricating oil that has become unsuitable for its original purpose because of the presence of impurities or the loss of its original properties; (huile lubrifiante usée)

“used oil” means oil that has become unsuitable for its original purpose because of the presence of impurities or the loss of its original properties; (huile usée)

“vendor” Repealed: 2013-5

“waste derived fuel” means used oil that, having been tested in accordance with paragraph 14(2)(a),(carburant dérivé de déchets)

(a) has been determined to have a flashpoint of 61 degrees Celsius or higher,

(b) has been determined not to contain any substance in a concentration exceeding the maximum allowable concentration in Part I or II of Schedule A listed beside the substance in Column 2 of Part I or II of Schedule A, and

(c) is intended by a receiver to be used as a heating fuel;

“Water Quality Regulation” means the Water Quality Regulation - Clean Environment Act.(Règlement sur la qualité de l’eau)

2013-5

Prohibitions

3No person shall

(a) contaminate used oil,

(b) place used oil in a container in which it is available for pick up and delivery to a solid waste management facility, or otherwise dispose of it or cause it to be disposed of at a solid waste management facility, directly or indirectly,

(c) deliver contaminated used oil to a return facility,

(d) sell, exchange, offer for sale or exchange, transfer possession of or dispose of contaminated used oil unless doing so in accordance with the directions of the Minister,

(e) release used oil or cause it to be released into a sewer or any fixture, catch basin, conduit, drain or other apparatus leading to a sewer, or

(f) apply, place or otherwise release used oil onto or into public or private land for disposal, dust suppression or any other purpose.

Generators

4(1)Subject to the other provisions of this Regulation, a generator may transfer possession of

(a) used lubricating oil to a return facility that is in conformity with this Regulation, and

(b) subject to paragraph (a), used oil, only to

(i) a carrier, or

(ii) a receiver who has made, and complies with the provisions of, a written contract made between the generator and the receiver in accordance with subsection (2).

4(2)A contract referred to in subparagraph (1)(b)(ii) shall include a provision in which the generator agrees not to transfer possession of more than 420 litres of used oil to the receiver, and the receiver agrees not to take possession of more than that amount from the receiver, in any 3 month period.

4(3)A generator who drains used oil from crankcases in the course of the generator’s business may burn the used crankcase oil as fuel in a furnace owned by the generator, at a rate of less than 15 litres per hour per premises, if the furnace is in conformity with subsection (4).

4(4)A furnace used to burn used crankcase oil under subsection (3) shall be in conformity with CAN/CSA-B140.0-03 (R2013) - Oil-Burning Equipment: General Requirements, and CAN/CSA-B140.4-04 (R2009) - Oil-Fired Warm Air Furnaces.

4(5)Used oil that has been generated in the course of a generator’s business may be burned by the generator as fuel, if

(a) the generator owns the boiler in which it is burned, and

(b) it is burned under the authority of, and in conformity with, an approval issued to the generator under the Air Quality Regulation.

4(6)Repealed: 2014-104

4(7)Repealed: 2014-104

4(8)Repealed: 2014-104

4(9)Repealed: 2014-104

2014-104

Vendors

5Repealed: 2013-5

2013-5

Return Facilities

6Repealed: 2013-5

2013-5

Carrier Approval

7(1)In this section

“field operation” means an activity in which used oil is generated by a generator in the course of operating the generator’s business enterprise at a temporary construction site, a place where the generator is carrying out the harvesting or renewal of timber resources on a temporary basis or at another similar location that is not the regular business premises of the generator. (exploitation sur le terrain)

7(2)Subject to subsection (3), no person shall operate a motor vehicle transporting used oil unless doing so under the authority of, and in compliance with any terms and conditions applying to, a Carrier Approval, authorizing the person or the business enterprise by which the person is employed to transport used oil by motor vehicle.

7(3)Subsection (2) does not apply to a person operating a motor vehicle transporting used oil, if

(a) the person is transporting 25 litres or less of used lubricating oil,

(b) the person is transporting used lubricating oil that was generated at the site of a generator’s field operation, and is being transported from that site to a storage facility established by the generator,

(c) the person is a generator or the employee or agent of a generator and is transporting used lubricating oil owned by the generator under and in conformity with a written contract referred to in subparagraph 4(1)(b)(ii),

(d) the person is transporting waste derived fuel in accordance with section 15, or

(e) the used oil is being transported through the Province from another jurisdiction to another jurisdiction and no used oil is being picked up or delivered by the motor vehicle in the Province.

7(4)A person may apply for a Carrier Approval by submitting an application to the Minister, on a form provided by the Minister, along with any other documentation or information the Minister may require.

7(5)After receiving an application for a Carrier Approval and such other documentation or information as the Minister may require under subsection (4), the Minister may, in the Minister’s discretion,

(a) issue an approval to the carrier, subject to such terms and conditions as the Minister considers appropriate, or

(b) deliver to the applicant a written notice of refusal of the application, with reasons.

7(6)The Minister may establish terms and conditions to be met before a Carrier Approval is issued, or may impose terms and conditions on the approval to be met after the approval is issued.

7(7)The Minister may refuse to issue a Carrier Approval if

(a) the applicant, an employee or agent of the applicant or the business enterprise of the applicant is not in compliance with a provision of the Act or the regulations,

(b) the applicant, an employee or agent of the applicant or the business enterprise of the applicant has failed to comply with a term or condition imposed on a Carrier Approval under the authority of which the applicant, employee, agent or business enterprise previously transported used oil,

(c) all facts material to the application for the approval have not been fully disclosed, or

(d) the facts, representations and other information contained in the application for the approval are not true or accurate.

Period of validity of Carrier Approval

8(1)A Carrier Approval shall be valid for the period of time, not to exceed 5 years, that is specified in the approval.

8(2)If no period of time is specified in a Carrier Approval in accordance with subsection (1), the approval shall be valid for 5 years.

Implication of issuance of Carrier Approval

9The issuance of a Carrier Approval does not relieve the owner, operator, employee or agent of the carrier from compliance with any of the provisions of the Act or the regulations.

Renewal of Carrier Approval

10(1)The holder of a Carrier Approval who wishes to renew it shall, no later than 90 days before it expires, apply to the Minister for a renewal.

10(2)Subsections 7(4) to (7) apply with the necessary modifications to an application for a renewal of a Carrier Approval and to the renewed approval.

Cancellation or suspension of Carrier Approval

11(1)Without limiting section 12 of the Act, the Minister may suspend or cancel a Carrier Approval if

(a) the holder of the approval or any person acting under its authority has violated or failed to comply with, or if the business enterprise of the holder is not in compliance with,

(i) a provision of the Act or the regulations, or

(ii) a term or condition imposed on the approval, or

(b) a fee payable in relation to the approval under section 17 has not been paid on or before the deadline established in that section.

11(2)The Minister, if suspending or cancelling a Carrier Approval for any reason, shall deliver to the holder a written notice of the suspension or cancellation, with reasons.

11(3)If the Minister suspends a Carrier Approval because a fee payable under section 17 has not been paid, the suspension shall continue until the outstanding fee has been paid.

11(4)Subject to subsection (3), the Minister may reinstate a suspended approval subject to such terms and conditions as the Minister considers appropriate.

Changes respecting Carrier Approval

12(1)The holder of a Carrier Approval shall forthwith notify the Minister in writing of any change in the information originally set out in the application for the approval or set out on the approval, describing the change in the information, and applying for a reissued approval where there has been a change in the information set out on the approval.

12(2)The holder of a Carrier Approval who wishes to have a change made to any term or condition imposed on the approval shall apply in writing to the Minister for reissuance of the approval, describing the proposed change in the terms and conditions to be imposed on the reissued approval.

12(3)Subsections 7(4) to (7) apply with the necessary modifications to an application for a reissued Carrier Approval under this section, and to the reissued approval.

Appeal

13(1)A person who was the holder of a Carrier Approval that has been cancelled or suspended may appeal the cancellation or suspension as provided for in the Appeal Regulation - Clean Environment Act, but the initiation of an appeal does not operate as a stay of the cancellation or suspension.

13(2)Subsection (1) shall not be construed, in any way, so as to abrogate from the requirement that the person comply with any order made under the Act or the regulations.

Operation of carriers

14(1)A carrier who transfers possession of used oil within the Province shall do so only to a receiver.

14(2)Every carrier, before transferring possession of used oil as waste derived fuel, shall

(a) ensure that the used oil has been or is tested by an analytical laboratory acceptable to the Minister in accordance with methods and standards established by the Minister, in order to determine whether or not

(i) the used oil has a flashpoint of less than 61 degrees Celsius, and

(ii) the used oil contains any substance listed in Column 1 of Part I or II of Schedule A, in a concentration exceeding the maximum allowable concentration listed beside the substance in Column 2 of Part I or II of Schedule A, and

(b) if the test results reveal that the used oil has a flashpoint of 61 degrees Celsius or higher and does not contain any substance in a concentration exceeding the maximum allowable concentration in Part I or II of Schedule A, as described in subparagraph (a)(ii), ensure that a copy of the test results is always carried in any motor vehicle in which the used oil is transported, in the possession of the operator of the motor vehicle.

14(3)If the test results referred to in paragraph (2)(a) reveal that the used oil has a flashpoint of less than 61 degrees Celsius or contains any substance in a concentration exceeding the maximum allowable concentration in Part I or II of Schedule A, as described in subparagraph (a)(ii), the carrier shall notify the Minister to that effect and follow the directions of the Minister.

Transportation of waste derived fuel

15(1)No person shall operate a motor vehicle transporting waste derived fuel unless the person has possession in the motor vehicle of a copy of the test results referred to in paragraph 14(2)(b) for the waste derived fuel.

15(2)The operator of a motor vehicle who is required to have possession of a copy of test results under subsection (1) shall, upon the demand of an inspector, forthwith produce and deliver the test results for inspection by an inspector at the inspector’s request.

Receivers

16(1)Subject to subsection (2), no person other than a receiver may take possession of used oil from a generator or a carrier.

16(2)Subsection (1) does not apply to persons operating or employed by

(a) a return facility, or

(b) a carrier.

16(3)A receiver

(a) may take possession of used oil only from

(i) a generator transferring possession of 25 litres or less of used lubricating oil per day,

(ii) a generator with whom the receiver has made a written contract referred to in subparagraph 4(1)(b)(ii), in accordance with that contract,

(iii) a carrier, or

(iv) a person transferring waste derived fuel in accordance with section 15,

(b) may alter the physical or the chemical characteristics of the used oil for sale and reuse,

(c) if the receiver does not alter the physical or the chemical characteristics of used oil, may sell or exchange it, offer it for sale or exchange or transfer possession or dispose of it only to a carrier, and

(d) if the receiver alters the physical or the chemical characteristics of used oil, may sell or exchange it, offer it for sale or exchange or transfer possession or dispose of it only

(i) to a carrier, or

(ii) as waste derived fuel, to a person who is permitted to burn it as fuel in accordance with the Air Quality Regulation.

2014-104

Fees

17(1)Subject to subsection (3), on or before the first day of April in each year, the holder of a Carrier Approval, whether the approval is issued or renewed and regardless of the date of issuance or renewal, shall pay a fee of $550 for the issuance or renewal of the approval or for the continued holding of the approval.

17(2)Subject to subsection (3), if an approval is to be issued on a date other than the 1st day of April, the fee set out in subsection (1) shall be paid before the issuance, for the issuance, and shall not be prorated, regardless of the date of the issuance.

17(3)If a Carrier Approval is to be issued on a date other than the 1st day of April, for a carrier for which no Carrier Approval has previously been issued, the fee set out in subsection (1) shall be paid before the issuance, for the first issuance of the approval but shall be prorated based on the number of days between the date of issuance and the next following 31st day of March, inclusive.

17(4)There is no fee for the reissuance of a Carrier Approval under section 12.

2005-11; 2012-26; 2014-104

Transitional provision

Repealed: 2014-104

2014-104

18Repealed: 2014-104

2014-104

Commencement

19This Regulation comes into force on April 30, 2002.

SCHEDULE A

MAXIMUM ALLOWABLE
CONCENTRATIONS OF SUBSTANCES
IN USED OIL

PART I

Column 1		Column 2
Substance		Maximum allowable concentration

arsenic		5 milligrams per kilogram

cadmium		2 milligrams per kilogram

chromium		10 milligrams per kilogram

lead		100 milligrams per kilogram

zinc		1500 milligrams per kilogram

PART II

Column 1		Column 2
Substance		Maximum allowable concentration

polychlorinated biphenyls (PCBs)		5 milligrams per kilogram

total organic halogens (as chlorine)		1000 milligrams per kilogram

N.B. This Regulation is consolidated to August 12, 2014.

2002-19 - Used Oil

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