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. Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © , Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Used Oil Regulations
made under Section 84 of the
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.
1 These regulations may be cited as the Used Oil Regulations.
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 38oC, 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 C12H10-nCln 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.
3 The Minister may appoint an Administrator to administer these regulations.
4 For the purpose of the Act and these regulations, used oil is designated as dangerous goods.
5 (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.
6 (1) No person shall
(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.
7 (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.
8 (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.
9 (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.
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”.
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.
13 (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).
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.
15 These regulations shall come into effect on, from and after April 11, 1995.
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
Used Oil Regulations
N.S. Reg. 51/1995
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.
The current consolidation of the Used Oil Regulations made under the Environment Act includes all of the following regulations:
How in force
Part II Issue
Apr 11, 1995
May 5, 1995
Dec 17, 1996
Jan 3, 1997
Jan 22, 2013
Feb 8, 2013
Jan 1, 2020
Mar 1, 2019
The following regulations are not yet in force and are not included in the current consolidation:
How in force
Part II Issue
*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs. = repealed and substituted
am. 25/2019 (clause lettering removed)
2, defn. of “point of display”.......
2, defn. of “point of sale”............
2, defn. of “return collection facility”......................................
2, defn. of “seller”.......................
2, defn. of “used oil return facility”......................................
am. 179/1996; rep. 25/2019
am. 179/1996, 25/2019
Editorial Notes and Corrections
The references to the Department and Minister of Environment in the definitions 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. 376.
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
Waste Oil Regulations
Nov 1, 1988
Aug 1, 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.