This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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Used Oil Regulations

made under

Section 84 of the

Environment Act

S.N.S. 1994-95, c. 1

O.I.C. 95-290 (effective April 11, 1995), N.S. Reg. 51/1995

amended to O.I.C. 2019-29 (effective January 1, 2020), N.S. Reg. 25/2019

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Administrator

Designation

Limitations on sale, transfer or use

Approvals

Used oil storage facility

Approval renewal

Contaminated used oil

Dilution of contaminated used oil

Prohibition against adding substances

Used oil as a fuel source

Land application of used oil/contaminated used oil

Effective date

Schedule “A” - Contaminated Used Oil Limits

Citation

1 These regulations may be cited as the Used Oil Regulations .

Definitions

2 In these regulations

“Act” means the Environment Act ;

“Administrator” means a person appointed by the Minister, and includes an acting

Administrator;

“contaminated used oil” means used oil that

(

i) has a flash point less than 38 o C, or

(ii) contains any of the substances listed in Column I of

Schedule “A” in

a concentration in excess of the limit stated in Column II of

Schedule

“A”;

“crankcase oil” means internal combustion engine crankcase oil;

“Department” means the Department of Environment;

“extension” means an increase in size, volume or production capacity of a facility

such that the increase may cause an adverse effect if not properly mitigated;

“inspector” means an inspector appointed pursuant to

Section 21 of the Act;

“Minister” means the Minister of Environment;

“modification” means an alteration to a facility whereby a new structure or

equipment is added or an existing structure or equipment is eliminated and the

alterations do not change the purpose or function of the facility;

“organic halogen compound” means an organic chemical compound in which one

or more halogen elements are incorporated;

“polychlorinated biphenyls” or “PCBs” means chlorobiphenyls that have the

molecular formula C 12 H 10-n Cl n in which “n” is greater than 2;

“return collection facility” means a return collection facility as defined in

Section

18R of the Solid Waste-Resource Management Regulations made under the Act;

“used oil” means petroleum or synthetic lubrication oils, hydraulic fluids, metal

working fluids and insulating fluids which have been used and are no longer

suitable for their original purpose, but are suitable for other uses, including

re-refining or other uses that are considered acceptable to the Minister;

“used oil collector” means a person who holds a valid Used Oil Collector’s

Approval;

“Used Oil Collector’s Approval” means an approval issued pursuant to

Section 6

of these regulations;

“used oil furnace” means a furnace specifically designed for the combustion of

used oil;

“used oil storage facility” means a facility that is owned, occupied, operated, leased

or used by a used oil collector and is approved by the Department for the storage of

used oil and includes all storage tanks, loading and unloading areas, used oil

transport vehicle parking areas and all used oil or waste processing and treatment

equipment.

Administrator

3 The Minister may appoint an Administrator to administer these regulations.

Designation

4 For the purpose of the Act and these regulations, used oil is designated as dangerous

goods.

Limitations on sale, transfer or use

(1) Except as provided in

Section 13, no person shall sell, offer for sale, transfer, use

or otherwise dispose of used oil to any person who is not a used oil collector or to

any facility that is not a return collection facility unless

(

a) that person has a representative sample of the used oil analyzed at a

laboratory for the contaminants listed in Column I of

Schedule “A”;

(

b) that person obtains a certificate respecting the analysis from the laboratory;

and

(

c) the certificate confirms that the used oil is not contaminated used oil.

(2) The certificate referred to in clause (1)(

b) shall be kept by the person described in

subsection (1) for a minimum period of 2 years from the date of the certificate.

(3) No person shall fail to produce or provide a copy of a certificate referred to in

clause (1)(

b) when requested by an inspector or an Administrator.

(4) A person described [to ] in subsection (1) shall maintain a record of

(

a) the volume of any used oil sold, transferred, used or disposed of;

(

b) the date of sale, transfer or disposition;

(

c) the person to whom the used oil was sold, transferred or disposed; and

(

d) shall keep records referred to in clauses (a), (

b) and (

c) for a minimum

period of 2 years from the date of the sale, transfer or disposition.

(5) For the purpose of these regulations, when mixtures of used oil containing

immiscible substances are subject to an analysis referred to in subsection (1), the

analysis shall be conducted on the used oil fraction.

Approvals

(1) No person shall

(a) [repealed]

(

b) carry on the business of used oil collection;

(

c) hold themselves out as a used oil collector; or

(

d) provide the services of a used oil collector,

unless that person is issued an approval under these regulations.

(2) Subject to the Approvals Procedure Regulations , an Administrator may issue a

Used Oil Collector’s Approval to a person who applies to the Department.

(3) A Used Oil Collector’s Approval entitles the holder to acquire or otherwise collect

used oil and contaminated used oil whether or not it has been analyzed.

(4) Despite subsection (1), during an unauthorized release, an impending unauthorized

release or an environmental emergency involving used oil, an inspector or an

Administrator may authorize any person to collect, transport or store used oil for a

period not to exceed 30 days.

(5) Prior to January 31 of each year, a used oil collector shall

(

a) provide a written report to an Administrator which documents the quantity

and distribution of used oil collected during the previous calendar year; and

(

b) provide an estimate of the quantity of used oil in storage at the used oil

storage facility on the last day of the previous calendar year.

Used oil storage facility

(1) Approval to operate a used oil storage facility shall not be issued until the used oil

storage facility has been inspected and approved in writing by an inspector or an

Administrator.

(2) No extension or modification shall be made to a used oil storage facility unless an

amendment is obtained to the existing approval.

Approval renewal

(1) Unless otherwise agreed in writing by an Administrator, an approval or a renewal

thereof shall expire on December 31 of the year of issuance.

(2) An Administrator may renew an approval issued under these regulations provided

a used oil collector has complied with the Act, the regulations and the terms and

conditions contained in the approval.

Contaminated used oil

(1) No person shall sell, offer for sale, transfer, use or otherwise dispose of

contaminated used oil to a person other than a used oil collector.

(2) Except as provided in the Act, the regulations or the written approval of an

Administrator, no person, including a used oil collector, shall use or dispose of

contaminated used oil.

(3) No person, including a used oil collector, shall possess contaminated used oil

unless within 7 days of receipt of the certification of laboratory analysis that the oil

is contaminated, that person completes a form prescribed by the Administrator and

forwards it to an Administrator.

Dilution of contaminated used oil

10 Without the prior written approval of an Administrator no person shall dilute

contaminated used oil that contains PCBs or organic halogen compounds in excess of

the maximum allowable concentrations prescribed in Column II of

Schedule “A”.

Prohibition against adding substances

11 Without the prior written approval of an Administrator, no person shall

(

a) add any substance to used oil or contaminated used oil for the purpose of

disposal of that substance; or

(

b) suggest, encourage or advise other persons to add any substance to used oil

or contaminated used oil for the purpose of disposal of that substance.

12 [repealed]

Used oil as a fuel source

(1) Except as authorized by these regulations, no person shall burn used oil.

(2) Subject to subsection (3), used oil may be burned provided

(

a) the used oil is not contaminated used oil and this is verified by a certificate

respecting the analysis from a laboratory;

(

b) an Administrator has been notified at least 30 days prior to the

commencement of the burning;

(

c) prior written approval is given by the Administrator; and

(

d) prior to January 31st of each year, a person who burns used oil shall

complete and submit a written report to the Administrator which includes

information respecting the volume of used oil burned during the previous

calendar year.

(3) Subsection (2) does not apply to a person who burns used crankcase oil in a used

oil furnace provided

(

a) the person notifies an Administrator; and

(

b) the used crankcase oil

(

i) is used crankcase oil produced as the result of vehicle oil changes,

and

(ii) does not originate from a used oil storage facility or a return

collection facility.

(4) If before October 1, 2012, a person registered their use of crankcase oil in a used

oil furnace with an Administrator, the person is deemed to have notified an

Administrator under clause (3)(a).

Land application of used oil/contaminated used oil

14 No person shall apply used oil or contaminated used oil to a public or private highway,

road, lane, trail, bridge, parking area or any land for any purpose including dust

suppression.

Effective date

15 These regulations shall come into effect on, from and after April 11, 1995.

________________________________________________________________

Schedule “A” - Contaminated Used Oil Limits

Column I Column II

Substance Maximum Allowable Concentration

1. polychlorinated biphenyls 5 mg per kg

2. total organic halogens as chlorine 1000mg per kg

3. cadmium 2 mg per kg

4. chromium 10 mg per kg

5. lead 100 mg per kg

Legislative History

Reference Tables

Used Oil Regulations

N.S. Reg.

51/1995

Environment Act

Note: The information

in these tables does not form part of the regulations and is compiled by the

Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Used Oil Regulations made under the Environment Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

51/1995

Apr 11, 1995

date specified

May 5, 1995

179/1996

Dec 17, 1996

date specified

Jan 3, 1997

15/2013

Jan 22, 2013

date specified

Feb 8, 2013

25/2019

Jan 1, 2020

date specified

Mar 1, 2019

The

following regulations are not yet in force and are not included in the

current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2 .......................................................

am. 25/2019 (clause lettering removed)

2, defn .

of “point of display” .......

rep. 25/2019

2, defn .

of “point of sale” ............

rep. 25/2019

2, defn .

of “return collection facility” ......................................

ad. 25/2019

2, defn .

of “seller” .......................

rep. 25/2019

2, defn .

of “used oil return facility” ......................................

am. 179/1996 ; rep. 25/2019

5(1) ..................................................

am. 179/1996, 25/2019

6(1)(a) ..............................................

rep. 179/1996

9(2) ...................................................

am. 15/2013

12 ......................................................

rep. 25/2019

12(4)(d) ........................................

rep. 15/2013

12(6) .............................................

am. 179/1996

13(2) ................................................

rs . 179/1996

13(3) ................................................

rs . 179/1996

13(3)(a) .......................................

am. 15/2013

13(3)(b)(ii) ..................................

am. 25/2019

13(4) ................................................

rep. 179/1996

ad. 15/2013

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The references to the Department and Minister of

Environment in the definition s of “Department”

and “Minister” should be read as references to the Department and Minister of

Environment and Labour in accordance with O.I.C. 2000-484 under the Public Service Act , R.S.N.S. 1989, c.

Oct. 1, 2000

The references to the Department and

Minister in the

definitions of “Department” and “Minister” should be read as references

to the Department and Minister of Environment in accordance with O.I.C.

2008-161 under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Apr 1, 2008

The Approvals Procedure Regulations referred

to in subsection 6(2) are replaced by the Approval

and Notification Procedures Regulations , N.S. Reg. 17/2013.

Jan 22, 2013

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

212/1988

Waste Oil Regulations

Nov 1, 1988

Aug 1, 1990

198/1990

Used Oil Regulations

Aug 1, 1990

Apr 11, 1995

Note: Only

regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of

regulations on this subject matter.