CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Export and Import of Hazardous Waste and Hazardous Recyclable Material RegulationsP.C.2005-93020055
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Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on March 20, 2004 a copy of the proposed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 191 of the Canadian Environmental Protection Act, 1999b, hereby makes the annexed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations.S.C. 2004, c. 15, s. 31S.C. 1999, c. 33DEFINITIONS AND INTERPRETATIONDefinition of hazardous wasteIn Division 8 of Part 7 and Part 10 of the Act and in these Regulations, hazardous waste means anything that is intended to be disposed of using one of the operations set out in Schedule 1 and thatis set out in column 2 of Schedule 3;is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;is set out in column 2 of Schedule 4 and is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;is set out in column 1 of Schedule 5 in a concentration equal to or greater than the applicable concentration set out in column 2 of that Schedule;produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental Protection Agency, which, for the purposes of this definition, shall be read without reference to section 7.1.3;is set out in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused; oraccording to information that Canada has received from the United States or in accordance with the Convention, is considered or defined as hazardous under the legislation of the country receiving it and is prohibited by that country from being imported or conveyed in transit.ExclusionThe definition hazardous waste in subsection (1) does not include anything that isexported, imported or conveyed in transit in a quantity of less than 5 kg or 5 L per shipment or, in the case of mercury, in a quantity of less than 50 mL per shipment, other than anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations;collected from households in the course of regular municipal waste collection services; orpart of the exporter’s or importer’s personal effects or household effects not resulting from commercial use.Definition of hazardous recyclable materialIn Division 8 of Part 7 and Part 10 of the Act and in these Regulations, hazardous recyclable material means anything that is intended to be recycled using one of the operations set out in Schedule 2 and thatis set out in column 2 of Schedule 3;is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;is set out in column 2 of Schedule 4 and is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;is set out in column 1 of Schedule 5 in a concentration equal to or greater than the applicable concentration set out in column 2 of that Schedule;produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental Protection Agency, which, for the purposes of this definition, shall be read without reference to section 7.1.3;is set out in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused; oraccording to information that Canada has received from the United States or in accordance with the Convention, is considered or defined as hazardous under the legislation of the country receiving it and is prohibited by that country from being imported or conveyed in transit.ExclusionThe definition hazardous recyclable material in subsection (1) does not include anything that isexported, imported or conveyed in transit in a quantity of less than 5 kg or 5 L per shipment or, in the case of mercury, in a quantity of less than 50 mL per shipment, other than anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations;collected from households in the course of regular municipal waste collection services;part of the exporter’s or importer’s personal effects or household effects not resulting from commercial use;exported to, imported from, or conveyed in transit through a country that is a party to OECD Decision C(2001)107/Final and thatis in a quantity of 25 kg or 25 L or less,is exported or imported for the purpose of conducting measurements, tests or research with respect to the recycling of that material,is accompanied by a shipping document, as defined in section 1.4 of the Transportation of Dangerous Goods Regulations, that includes the name and address of the exporter or importer and the words “test samples” or “échantillons d’épreuve”, andis not and does not contain an infectious substance as defined in section 1.4 of the Transportation of Dangerous Goods Regulations; orexported to, imported from, or conveyed in transit through a country that is a party to OECD Decision C(2001)107/Final and thatis set out in Schedule 8,produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental Protection Agency, which, for the purposes of this definition, shall be read without reference to section 7.1.3, andis intended to be recycled at an authorized facility in the country of import using one of the operations set out in Schedule 2.Transportation of Dangerous Goods RegulationsFor the purposes of sections 1 and 2, references to the Transportation of Dangerous Goods Regulations shall be read as follows:the reference to “public safety” in subparagraph 2.43(b)(i) shall be read as a reference to “the environment and human health”; andsubparagraph 2.43(b)(i) shall be read without reference to “during transport”.DefinitionsThe following definitions apply in Division 8 of Part 7 of the Act and in these Regulations.ActLoiAct means the Canadian Environmental Protection Act, 1999.authorities of the countryautorités du paysauthorities of the country means the competent authorities designated in the Compilation of Country Fact Sheets (CFS), Basel Convention Series No. 01/04, as amended from time to time, and the United States Environmental Protection Agency.authorized carriertransporteur agrééauthorized carrier means a carrier that is authorized by the authorities of the jurisdiction in which the waste or material is transported, to transport the hazardous waste or hazardous recyclable material that is to be exported, imported or conveyed in transit.authorized facilityinstallation agrééeauthorized facility means a facility that is authorized by the authorities of the jurisdiction in which the facility is located todispose of the hazardous waste being exported or imported using an operation set out in Schedule 1; orrecycle the hazardous recyclable material being exported or imported using an operation set out in Schedule 2.Canada-USA Agreementaccord Canada-États-UnisCanada-USA Agreement means the Agreement between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste, which entered into force on November 8, 1986, as amended from time to time.ConventionConventionConvention means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which entered into force on May 5, 1992.foreign exporterexpéditeur étrangerforeign exporter means the person who exports hazardous waste or hazardous recyclable material from a country other than Canada.foreign receiverdestinataire étrangerforeign receiver means the person who imports hazardous waste or hazardous recyclable material into a country other than Canada.movement documentdocument de mouvementmovement document means the form set out in Schedule 9.noticenotificationnotice means the notice of export, import or transit referred to in paragraph 185(1)(a) of the Act.OECD Decision C(94)152/Finaldécision C(94)152/Final de l’OCDEOECD Decision C(94)152/Final means Decision C(88)90/Final of the Organization for Economic Co-operation and Development, Decision of the Council on Transfrontier Movements of Hazardous Wastes, dated May 27, 1988, as amended by Decision C(94)152/Final, Decision of the Council Amending the Decision on Transfrontier Movements of Hazardous Wastes, dated July 28, 1994.OECD Decision C(2001)107/Finaldécision C(2001)107/Final de l’OCDEOECD Decision C(2001)107/Final means Decision C(2001)107/Final of the Organization for Economic Co-operation and Development, Decision of the Council Concerning the Revision of Decision C(92)39/FINAL on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, dated May 21, 2002.permitpermispermit means the export, import or transit permit referred to in paragraph 185(1)(b) of the Act.registration numbernuméro d’immatriculationregistration number means the number assigned by a province or country indicating the authority to undertake an activity with respect to a hazardous waste or hazardous recyclable material.NOTICEApplicationApplicationThis Part applies to the export, import and transit of hazardous waste and hazardous recyclable material other than returns of that waste or material under Part 5.Notice ProcedureNotice reference numberThe Minister shall provide a notice reference number to any person who requests one for the purpose of submitting a notice.Delivery of noticeEvery person that proposes to export, import or convey in transit a hazardous waste or hazardous recyclable material must personally submit a notice to the Minister in writing within 12 months before the export, import or transit.Separate noticesIn the case of an export or import, the notice must not include both hazardous waste and hazardous recyclable material.Notice for multiple hazardous wastes or hazardous recyclable materialsThe notice may provide for more than one hazardous waste or more than one hazardous recyclable material, as the case may be, if theyare to be shippedto the same authorized facility at the same location,through the same port of exit or the same port of entry, andwithin the same 12-month period;are to be reported to the same customs office;originate from the same person and the same facility; andin the case of an export or import, have essentially the same physical and chemical characteristics.LanguageIn the case of an export or a transit where the French or English language is not acceptable to the authorities of the country of import or transit, the person who submits the notice must submit it in the French or English language and in a language used by those authorities.Application for permitThe notice shall serve as an application for a permit.New noticeA person must submit a new notice to the Minister if there is a change to any of the information contained in the permit, except that the person who submitted the notice may advise the Minister in writing of a change to quantity of hazardous waste or hazardous recyclable material or the number of shipments, or may add authorized carriers, ports of exit or entry or customs offices.Content of NoticeContentThe person who submits the notice must include the following information in the notice:the notice reference number provided by the Minister under section 6;the name, registration number, civic and mailing addresses, telephone number and, if applicable, electronic address and facsimile number of, and the name of the contact person for,the person submitting the notice,the foreign receiver or the foreign exporter, as the case may be,the facility from which the hazardous waste or hazardous recyclable material will be shipped,the authorized carriers that will transport the hazardous waste or hazardous recyclable material, andall authorized facilities that will receive the hazardous waste or hazardous recyclable material;all modes of transport that will be used;the proposed number of shipments;the port of exit or the port of entry through which the export or import will take place, as the case may be and, in the case of a transit, the port of exit and entry through which the transit will take place;the customs office at which the hazardous waste or hazardous recyclable material is to be reported, if applicable;the proposed date of the first and last shipments or, in the case of a transit, the proposed dates of entry of the first shipment and exit of the last shipment;the name of each insurance company and the policy number for each insurance policy required under these Regulations;the countries of transit through which the hazardous waste or hazardous recyclable material will be conveyed and the length of time it will be in each country of transit;the following information with respect to each hazardous waste or hazardous recyclable material, namely,the International Waste Identification Code under OECD Decision C(94)152/Final, substituting the disposal or recycling code with the disposal or recycling code set out in column 1 of Schedule 1 or 2 to these Regulations for the applicable operation set out in column 2 of that Schedule and, if the hazardous waste or hazardous recyclable material is a gas, substituting the letter G for the letter L, P or S in the International Waste Identification Code,for hazardous waste, or for hazardous recyclable material that will be exported to, imported from or transited through a country that is not a party to OECD Decision C(2001)107/Final, the applicable code set out in List A of Annex VIII of the Convention, as amended from time to time,for hazardous recyclable material that will be exported to, imported from or transited through a country that is a party to OECD Decision C(2001)107/Final, the applicable code set out in Part II of Appendix 4 to that Decision,the tariff item and the statistical suffix set out in the Customs Tariff Departmental Consolidation, published by the Canada Border Services Agency, as amended from time to time,the applicable identification number set out in column 1 of Schedule 3, 4 or 7 for the hazardous waste or hazardous recyclable material set out in column 2 of that Schedule, or the applicable hazardous constituent code number set out in column 1 of Schedule 6 for the hazardous constituent set out in column 2 of that Schedule,the following information set out in the applicable schedules to the Transportation of Dangerous Goods Regulations, namely,the applicable UN number set out in column 1 of Schedule 1 or column 5 of Schedule 3,the applicable class set out in column 3 of Schedule 1 or the primary class set out in column 4 of Schedule 3, andthe applicable packing group and risk group set out in column 4 of Schedule 1,the total quantity in kilograms or litres of each hazardous waste or hazardous recyclable material,the applicable disposal or recycling code set out in column 1 of Schedule 1 or 2 for every applicable operation set out in column 2 of that Schedule, and the name and description of the processes to be employed with respect to those operations, andthe name, quantity and concentration of any persistent organic pollutant set out in column 2 of Schedule 10 that is contained in the hazardous waste or hazardous recyclable material, if the concentration is equal to or greater than the concentration set out in column 3;in the case of an export, the options considered for reducing or phasing out the export of the hazardous waste and the reason that the final disposal is taking place outside Canada;distinct line item numbers for each hazardous waste or hazardous recyclable material;in the case of an export or import, a copy of the contract or series of contracts, excluding financial information, or the statement referred to in paragraph 9(f) or 16(e); anda statement signed and dated by the person submitting the notice indicating thatin the case of an export or import, the contract or series of contracts referred to in paragraph 9(f) or 16(e) is in force,in the case of an export or import, if the hazardous waste cannot be disposed of or the hazardous recyclable material cannot be recycled in accordance with the export or import permit, the exporter or importer will implement the alternative arrangements required under paragraph 9(p) or 16(o) or, if alternative arrangements cannot be made, the exporter or importer will return the waste or material to the facility from which it originated in accordance with section 34 or 35,the insurance policy referred to in section 37 will cover the period referred to in that section, andthe information in the notice is complete and correct.
SOR/2012-99, s. 7.
Previous VersionEXPORTConditionsConditions of exportAn exporter may export hazardous waste and hazardous recyclable material ifat the time of the exportthe export is not prohibited under the laws of Canada,the country of import is a party to the Convention, the Canada-USA Agreement or OECD Decision C(2001)107/Final and the import of the hazardous waste or hazardous recyclable material is not prohibited by that country, andthe country of transit does not prohibit the transit of the hazardous waste or hazardous recyclable material;the hazardous waste or hazardous recyclable material is not to be disposed of or recycled south of 60° south latitude;in the case of biomedical wastes set out in column 2 of Schedule 3 or anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations, the export is only for the purposes of disposal;the exporter is a resident of Canada or, in the case of a corporation, has a place of business in Canada;the exporteris the owner or operator of the facility from which the hazardous waste or hazardous recyclable material is exported, orbuys and sells hazardous recyclable material for the purposes of recycling and exports it to a country that is a party to OECD Decision C(2001)107/Final;there is a signed, written contract or a series of contracts among the exporter, the foreign receiver and the authorized facilities or, if any of those persons are the same legal entity, a written statement signed by that entity, thatdescribes the hazardous waste or hazardous recyclable material,sets out the quantity of hazardous waste or hazardous recyclable material to be exported,indicates that the hazardous waste will be disposed of, or the hazardous recyclable material will be recycled, in accordance with the export permit,describes the operation set out in Schedule 1 or 2 that will be used,requires the foreign receiver to complete Part C of the movement document or, if the waste or material is not considered or defined as hazardous under the legislation of the country of import, authorizes the exporter to complete Part C on the foreign receiver’s behalf, andrequires the foreign receiverto provide a copy of the movement document and a copy of the export permit to the exporter on delivery of the hazardous waste or hazardous recyclable material to the authorized facility,to complete the disposal of the hazardous waste or recycling of the hazardous recyclable material within the time set out in paragraph (o),to provide written confirmation to the exporter of the disposal of the hazardous waste or recycling of the hazardous recyclable material within 30 days after the day on which the disposal or recycling is completed, andto take all practicable measures to assist the exporter in fulfilling the terms of the exporter’s obligations under these Regulations if delivery is not accepted by the authorized facility named in the export permit or if the authorized facility cannot, or refuses to, dispose of the hazardous waste or recycle the hazardous recyclable material in accordance with the export permit;the exporter and the authorized carrier if other than Her Majesty in right of Canada or of a province are insured in accordance with section 37;the hazardous waste or hazardous recyclable material is transported by the authorized carriers named in the export permit;he applicable safety mark is displayed on each shipment of hazardous waste or hazardous recyclable material in accordance with Part 4 of the Transportation of Dangerous Goods Regulations;the hazardous waste or hazardous recyclable material is exported through the port of exit named in the export permit;the quantity of hazardous waste or hazardous recyclable material exported does not exceed the quantity set out in the export permit;a copy of the export permit and a copy of the movement document completed in accordance with sections 11 to 13accompanies the hazardous waste or hazardous recyclable material, andis deposited by the exporter or the authorized carrier at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 95 of the Customs Act;the hazardous waste is disposed of, or the hazardous recyclable material is recycled, at the authorized facility named in the export permit using the disposal or recycling operation set out in the export permit;after operation D13, D14 or D17 of Schedule 1 or operation R12, R13 or R16 of Schedule 2 is completed, the hazardous waste is disposed of, or the hazardous recyclable material is recycled, at an authorized facility using an operation set out in Schedule 1 or 2 other than operation D13, D14 or D17 or R12, R13 or R16;in the case of operation D13, D14 or D17 of Schedule 1 or operation R12, R13 or R16 of Schedule 2, the operation is completed within 180 days, or in all other cases, within one year, after the day on which the hazardous waste or hazardous recyclable material is accepted by the authorized facility, unless the authorities of the jurisdiction in which the authorized facility is located require shorter time periods, in which case those time periods apply; andin the event that the hazardous waste or hazardous recyclable material is exported but is not accepted by the authorized facility named in the export permit, or if the authorized facility cannot, or refuses to, dispose of or recycle it in accordance with the export permit, the exporterimmediately notifies the Minister, the foreign receiver and the authorities of the country of import of the non-acceptance or refusal and the reason for it,if necessary, stores the hazardous waste or hazardous recyclable material in a facility authorized to store the waste or material by the authorities of the jurisdiction in which the facility is located, andwithin 90 days after the day on which the Minister is notified, makes arrangements to return the hazardous waste or hazardous recyclable material to the facility in Canada from which it was shipped in accordance with section 34 or makes arrangements for the disposal of the waste or the recycling of the material in the country of import at an authorized facility other than the one named in the export permit and provides the Minister with the name and address of that facility and the name of a contact person.
SOR/2012-99, s. 8.
Previous VersionMovement DocumentMovement document reference numberThe Minister shall provide a movement document reference number to an exporter who requests one for the purpose of completing a movement document.ExporterPrior to shipping the hazardous waste or hazardous recyclable material, the exporter must complete Part A of a movement document, indicate the movement document reference number and provide a copy of the movement document and a copy of the export permit to the first authorized carrier.First authorized carrierImmediately on receipt of the movement document, the first authorized carrier must complete Part B of the movement document and provide a copy to the exporter.Copy of movement documentWithin three working days after the day on which the hazardous waste or hazardous recyclable material is shipped, the exporter must send a copy of the movement document completed in accordance with subsections (1) and (2) tothe Minister; andthe authorities of the province of export, if they ask for it.Authorized carriersEvery authorized carrier that transports the hazardous waste or hazardous recyclable material must complete Part B of the movement document and provide it and a copy of the export permit to the next authorized carrier or the foreign receiver, as the case may be, on delivery of the waste or material to that carrier or the foreign receiver.ExporterThe exporter must ensure thatevery authorized carrier that transports the hazardous waste or hazardous recyclable material completes Part B of the movement document; andthe foreign receiver completes Part C of the movement document, unless the exporter is authorized to do so on the foreign receiver’s behalf under the contract referred to in paragraph 9(f).Copy of movement documentWithin three working days after the day on which the hazardous waste or hazardous recyclable material is delivered to the authorized facility, the exporter must send a copy of the completed movement document tothe Minister;the authorities of the province of export, if they ask for it; andevery authorized carrier of the hazardous waste or hazardous recyclable material.
SOR/2012-99, s. 19.
Previous VersionRail consistIn the case of hazardous waste or hazardous recyclable material that is transported by rail, the movement document may be replaced by a rail consist if it contains all of the information contained in the movement document.Unit of measureThe exporter must ensure that the quantity of hazardous waste or hazardous recyclable material indicated in the movement document is in the same unit of measure as is used in the export permit.Retention of movement documentThe exporter and every authorized carrier must keep a copy of the movement document at their principal place of business in Canada for a period of three years after the day on which the hazardous waste or hazardous recyclable material is exported.IMPORTDepartment of National Defence ExemptionExemptionThis Part does not apply to the Department of National Defence if the hazardous waste or hazardous recyclable material isgenerated by that Department in the course of an operation conducted by it outside Canada;transported from the site of operation to a defence establishment as defined in subsection 2(1) of the National Defence Act; andtransported under the sole direction or control of the Minister of National Defence as described in section 1.20 of the Transportation of Dangerous Goods Regulations, as though the hazardous waste or hazardous recyclable material is a dangerous good under those Regulations.ConditionsConditions of importAn importer may import hazardous waste or hazardous recyclable material ifat the time of the importthe import is not prohibited under the laws of Canada,the country of export is a party to the Convention, the Canada-USA Agreement or OECD Decision C(2001)107/Final, andthe country of transit does not prohibit the transit of the hazardous waste or hazardous recyclable material;in the case of biomedical wastes set out in column 2 of Schedule 3 or anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations, the import is only for the purposes of disposal;the importer is a resident of Canada or, in the case of a corporation, has a place of business in Canada;the importeris the owner or operator of the authorized facility named in the import permit, orbuys and sells hazardous recyclable material for the purposes of recycling;there is a signed, written contract or a series of contracts among the importer, the foreign exporter and the authorized facilities or, if any of those persons are the same legal entity, a written statement signed by that entity, thatdescribes the hazardous waste or hazardous recyclable material,sets out the quantity of hazardous waste or hazardous recyclable material to be imported,indicates that the hazardous waste will be disposed of, or the hazardous recyclable material will be recycled, in accordance with the import permit,describes the operation set out in Schedule 1 or 2 that will be used,requires the foreign exporter to complete Part A of the movement document or, if the waste or material is not considered or defined as hazardous under the legislation of the country of export, authorizes the importer to complete Part A on the foreign exporter’s behalf, andrequires the foreign exporterto provide a copy of the movement document and a copy of the import permit to the first authorized carrier prior to the shipment of the hazardous waste or hazardous recyclable material,to provide a copy of the movement document to the importer once Part A has been completed by the foreign exporter, Part B has been completed by the first authorized carrier and the hazardous waste or hazardous recyclable material has been shipped, andto take all practicable measures to assist the importer in fulfilling the terms of the importer’s obligations under these Regulations if delivery is not accepted by the authorized facility named in the import permit or if the authorized facility cannot, or refuses to, dispose of the hazardous waste or recycle the hazardous recyclable material in accordance with the import permit;the importer and the authorized carrier if other than Her Majesty in right of Canada or of a province are insured in accordance with section 37;the hazardous waste or hazardous recyclable material is transported by the authorized carriers named in the import permit;the applicable safety mark is displayed on each shipment of hazardous waste or hazardous recyclable material in accordance with Part 4 of the Transportation of Dangerous Goods Regulations;the hazardous waste or hazardous recyclable material is imported through the port of entry named in the import permit;the quantity of hazardous waste or hazardous recyclable material imported does not exceed the quantity set out in the import permit;a copy of the import permit and a copy of the movement document completed in accordance with sections 18 to 20accompanies the hazardous waste or hazardous recyclable material, andis deposited by the importer or the authorized carrier at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 12 of the Customs Act;the hazardous waste is disposed of, or the hazardous recyclable material is recycled, at the authorized facility named in the import permit using the disposal or recycling operation set out in the import permit;after operation D13, D14 or D17 of Schedule 1 or operation R12, R13 or R16 of Schedule 2 is completed, the hazardous waste is disposed of, or the hazardous recyclable material is recycled, at an authorized facility using an operation set out in Schedule 1 or 2, other than operation D13, D14 or D17 or R12, R13 or R16;in the case of operations D13, D14 or D17 of Schedule 1 or operation R12, R13 or R16 of Schedule 2, the operation is completed within 180 days, or in all other cases, within one year, after the day on which the hazardous waste or hazardous recyclable material is accepted by the authorized facility, unless the laws of the jurisdiction in which the authorized facility is located requires shorter time periods, in which case those time periods apply; andin the event that the hazardous waste or hazardous recyclable material is imported but is not accepted by the authorized facility named in the import permit, or if the authorized facility cannot, or refuses to, dispose of the waste or recycle the material in accordance with the permit, the importerimmediately notifies the Minister, the foreign exporter and the authorities of the country of export of the non-acceptance or refusal and the reason for it,if necessary, stores the hazardous waste or hazardous recyclable material at a facility authorized to store the waste or material by the authorities of the jurisdiction in which the facility is located,within 90 days after the day on which the Minister is notified,makes arrangements to dispose of the hazardous waste or recycle the hazardous recyclable material in Canada at an authorized facility other than the one named in the import permit and advises the Minister of the name and address of the facility and the name of a contact person for that facility, ormakes arrangements to return the hazardous waste or hazardous recyclable material to the facility from which it was exported in accordance with section 35, andbefore shipping the hazardous waste or hazardous recyclable material to the authorized facility referred to in clause (iii)(A), receives confirmation from the Minister that the facility is an authorized facility.
SOR/2012-99, s. 9.
Previous VersionMovement DocumentMovement document reference numberThe Minister shall provide a movement document reference number to an importer who requests one for the purpose of completing a movement document.Importer — prior to importPrior to importing the hazardous waste or hazardous recyclable material, the importer shall provide the foreign exporter with a copy of the movement document indicating the movement document reference number and a copy of the import permit.Importer — at time of importAt the time of the import of the hazardous waste or hazardous recyclable material, the importer must ensure thatthe foreign exporter has completed Part A of the movement document unless the importer is authorized to do so on the foreign exporter’s behalf under the contract referred to in paragraph 16(e);the foreign exporter has provided a copy of the movement document and a copy of the import permit to the first authorized carrier; andthe first authorized carrier has completed Part B of the movement document and has provided a copy to the foreign exporter.Copy of movement documentWithin three working days after the day on which the importer receives a copy of the movement document with Parts A and B completed in accordance with subsection (2), the importer must send a copy of it tothe Minister; andthe authorities of the province of import, if they ask for it.Authorized carriersEvery authorized carrier that transports the hazardous waste or hazardous recyclable material must complete Part B of the movement document and provide it and a copy of the import permit to the next authorized carrier or the importer, as the case may be, on delivery of the waste or material to that carrier or the importer.ImporterThe importer must ensure that every authorized carrier that transports the hazardous waste or hazardous recyclable material completes Part B of the movement document.Copy of movement documentWithin three working days after the day on which the hazardous waste or hazardous recyclable material is delivered to the authorized facility, the importer must complete Part C of the movement document and must send a copy of the completed movement document tothe Minister;the authorities of the province of import, if they ask for it;the foreign exporter; andevery authorized carrier of the hazardous waste or hazardous recyclable material.
SOR/2012-99, ss. 10(F), 19.
Previous VersionRail consistIn the case of hazardous waste or hazardous recyclable material that is transported by rail, the movement document may be replaced by a rail consist if it contains all of the information contained in the movement document.Unit of measureThe importer must ensure that the quantity of hazardous waste or hazardous recyclable material indicated in the movement document is in the same unit of measure as is used in the import permit.Retention of movement documentThe importer and every authorized carrier must keep a copy of the movement document at their principal place of business in Canada for a period of three years after the date of import.TRANSITConditionsConditions of transitA person may convey hazardous waste or hazardous recyclable material in transit ifat the time of transit, the export or import of the hazardous waste or hazardous recyclable material is not prohibited under the laws of Canada or the laws of the country of transit;the hazardous waste or hazardous recyclable material is transported by the authorized carriers named in the transit permit;the applicable safety mark is displayed on each shipment of hazardous waste or hazardous recyclable material in accordance with Part 4 of the Transportation of Dangerous Goods Regulations;the hazardous waste or hazardous recyclable material is exported and imported through the port of entry and port of exit named in the transit permit;the quantity of hazardous waste or hazardous recyclable material conveyed in transit does not exceed the quantity set out in the transit permit;in the case of a transit through Canada, the authorized carrier if other than Her Majesty in right of Canada or of a province is insured in accordance with section 37;in the case of a transit through a country other than Canada, the exporter and importer if other than Her Majesty in right of Canada or of a province are insured in accordance with section 37;in the case of a transit through Canada, the country of export has provided the Minister with written confirmation that the country of import and any countries through which the hazardous waste or hazardous recyclable material will be transited after it has left Canada, has consented to the proposed import into or transit through that country; anda copy of the transit permit and a copy of the movement document completed in accordance with sections 25 and 26, or 30 and 31, as the case may be,accompanies the hazardous waste or hazardous recyclable material, andis deposited by the exporter, importer or authorized carrier at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under sections 12 and 95 of the Customs Act.Movement Document — Transits Through CanadaApplicationSections 24 to 27 apply to the transit of hazardous waste and hazardous recyclable material through Canada.Movement document reference numberThe Minister shall provide a movement document reference number to any person who requests one for the purpose of completing a movement document.Authorized carrierAt the time the hazardous waste or hazardous recyclable material enters Canada, the authorized carrier must ensure that the foreign exporter has completed Part A of a movement document and that the movement document reference number provided by the Minister is indicated on the movement document.Authorized carriersEvery authorized carrier that transports the hazardous waste or hazardous recyclable material must complete Part B of the movement document and provide it and a copy of the transit permit to the next authorized carrier on delivery of the waste or material to that carrier.Copy of movement documentWithin three working days after the day on which the hazardous waste or hazardous recyclable material exits Canada, the authorized carrier that transports the waste or material out of Canada must send a copy of the movement document completed in accordance with subsections (1) and (2) to the Minister.Rail consistIn the case of hazardous waste or hazardous recyclable material that is transported by rail, the movement document may be replaced by a rail consist if it contains all of the information contained in the movement document.Retention of movement documentIf the authorized carrier has a place of business in Canada, the authorized carrier must keep a copy of the movement document at their principal place of business in Canada for a period of three years after the day on which the hazardous waste or hazardous recyclable material exits Canada.Movement Document — Transits Through a Country Other than CanadaApplicationSections 29 to 32 apply to the transit of hazardous waste and hazardous recyclable material where Canada is the country of origin and the country of destination.Movement document reference numberThe Minister shall provide a movement document reference number to any exporter who requests one for the purpose of completing a movement document.ExporterAt the time the hazardous waste or hazardous recyclable material exits Canada, the exporter must complete Part A of a movement document, indicate the movement document reference number provided by the Minister and provide a copy of the movement document and a copy of the transit permit to the first authorized carrier.First authorized carrierImmediately on receipt of the movement document, the first authorized carrier must complete Part B of the movement document and provide a copy to the exporter.Copy of movement documentWithin three working days after the day on which the hazardous waste or hazardous recyclable material exits Canada, the exporter must send a copy of the movement document completed in accordance with subsections (1) and (2) tothe Minister; andthe authorities of the province of export, if they ask for it.Other authorized carriersEvery authorized carrier that transports the hazardous waste or hazardous recyclable material must complete Part B of the movement document and provide it and a copy of the transit permit on delivery of the waste or material to the next carrier or the importer, as the case may be.ExporterThe exporter must ensure that Part B of the movement document is completed by every authorized carrier that transports the hazardous waste or hazardous recyclable material.Copy of movement documentWithin three working days after the day on which the hazardous waste or hazardous recyclable material is delivered to the authorized facility, the importer must complete Part C of the movement document and must send a copy of the completed movement document tothe Minister;the authorities of the province of import, if they ask for it;the exporter; andevery authorized carrier of the hazardous waste or hazardous recyclable material.
SOR/2012-99, s. 19.
Previous VersionRail consistIn the case of hazardous waste or hazardous recyclable material that is transported by rail, the movement document may be replaced by a rail consist if it contains all of the information contained in the movement document.Retention of movement documentThe exporter, the importer and every authorized carrier must keep a copy of the movement document at their principal place of business in Canada for a period of three years after the day on which the hazardous waste or hazardous recyclable material is imported.RETURNSApplicationReturnsThis Part applies to the return of hazardous waste or hazardous recyclable material toCanada after it has been exported from Canada; andthe country of export after it has been imported into Canada.Returns to CanadaNoticeIf the hazardous waste or hazardous recyclable material is returned to Canada, the exporter that exported the waste or material from Canada must submit a notice to the Minister in writing, containing the following information:the name, civic and mailing addresses, telephone number and, if applicable, electronic address and facsimile number of, and the name of the contact person for, the exporter, the foreign receiver and any authorized carriers that were not named in the original export permit;the name of each insurance company and the policy number for each insurance policy required under these Regulations;the reason for the return;the quantity of hazardous waste or hazardous recyclable material that will be returned using the same unit of measure as in the original export permit;if the quantity of hazardous waste or hazardous recyclable material to be returned is less than the quantity of waste or material exported from Canada, the reason for the difference;the port of entry through which the return will take place and the customs office at which the hazardous waste or hazardous recyclable material will be reported;the notice reference number contained in the original export permit; andthe line item number contained in the original export permit for the hazardous waste or hazardous recyclable material that will be returned.ExporterAfter an import permit is issued, the exporter mustreturn the hazardous waste or hazardous recyclable material to the facility from which it was exported, using the authorized carriers and the port of entry named in the import permit;ensure that a copy of the import permit and a copy of the movement document with Parts A and B completed, clearly indicating that the hazardous waste or hazardous recyclable material is being returned to Canada,accompanies the hazardous waste or hazardous recyclable material, andis deposited at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 12 of the Customs Act; andsubmit a copy of the movement document referred to in paragraph (b) to the Minister, every authorized carrier and if they ask for it, to the authorities of the province of export.
SOR/2012-99, ss. 11, 19.
Previous VersionReturns to the Country of ExportNotice — returns to country of exportIf the hazardous waste or hazardous recyclable material is returned to the country of export, the importer that imported the waste or material into Canada must submit a notice to the Minister in writing, containing the following information:the name, civic and mailing addresses, telephone number and, if applicable, electronic address and facsimile number of, and the name of the contact person for, the importer, the foreign exporter and any authorized carriers that were not named in the original import permit;the name of each insurance company and the policy number for each insurance policy required under these Regulations;the reason for the return;the quantity of hazardous waste or hazardous recyclable material that will be returned using the same unit of measure as in the original import permit;if the quantity of hazardous waste or hazardous recyclable material to be returned is less than the quantity of waste or material imported into Canada, the reason for the difference;the port of entry through which the return will take place and the customs office at which the hazardous waste or hazardous recyclable material will be reported;the notice reference number contained in the original import permit for the import of the hazardous waste or hazardous recyclable material into Canada; andthe line item number contained in the original import permit for the hazardous waste or hazardous recyclable material that will be returned.Importer’s obligationsAfter an export permit is issued, the importer mustreturn the hazardous waste or hazardous recyclable material to the facility from which it was imported, using the authorized carriers and the port of exit named in the export permit;ensure that a copy of the export permit and a copy of the movement document with Parts B and C completed, clearly indicating that the hazardous waste or hazardous recyclable material is being returned to the country of export,accompanies the hazardous waste or hazardous recyclable material, andis deposited at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 95 of the Customs Act; andsubmit a copy of the movement document referred to in paragraph (b) to the Minister, every authorized carrier and if they ask for it, the authorities of the province of import.
SOR/2012-99, ss. 12, 19.
Previous VersionMISCELLANEOUS MATTERSConfirmation of Disposal or RecyclingConfirmationWithin 30 days after the day on which the disposal of the hazardous waste or recycling of the hazardous recyclable material is completed, the exporter or importer must provide the Minister with a written, dated and signed confirmation indicating that the waste has been disposed of or the material has been recycledin accordance with the export or import permit;in a manner that protects the environment and human health against the adverse effects that may result from the waste or material; andwithin the period referred to in paragraph 9(o) or 16(n).Mandatory referenceThe exporter or importer must include the movement document reference number and line item number for the applicable hazardous waste or hazardous recyclable material referred to in subsection (1) in the confirmation.Retention of confirmationThe exporter or importer must keep a copy of the confirmation at their principal place of business in Canada for a period of three years after the day on which it is submitted to the Minister.
SOR/2012-99, s. 13(F).
Previous VersionLiability InsuranceCoverageThe liability insurance required by these Regulations must be in respect ofany damages to third parties for which the exporter, importer or authorized carrier is responsible; andany costs imposed by law on the exporter, importer or authorized carrier to clean up the environment in respect of any hazardous waste or hazardous recyclable material that is released.AmountThe amount of liability insurance required in respect of each export or import of hazardous waste or hazardous recyclable material isfor exporters or importers, at least $5,000,000 for hazardous waste;for exporters or importers, at least $1,000,000 for hazardous recyclable material; andfor authorized carriers, the amount required by the laws of the jurisdiction in which the hazardous waste or hazardous recyclable material is transported.Coverage periodThe insurance must cover liability arisingin the case of an export from Canada, from the time the hazardous waste or hazardous recyclable material leaves the exporter’s facility to the time an authorized facility, including an authorized facility in Canada if the waste or material is returned to Canada in accordance with section 34, accepts delivery of the waste for disposal or the material for recycling;in the case of an import into Canada, from the time the hazardous waste or hazardous recyclable material enters Canada to the time an authorized facility in Canada accepts delivery of the waste or material, or to the time the waste or material leaves Canada for return to the country of export in accordance with section 35; orif Canada is a country of transit, at any time during the transit through Canada.Export Reduction PlansContent of planThe plan referred to in subsection 188(1) of the Act must containthe following information with respect to the hazardous waste to which the plan applies, namely,the International Waste Identification Code under OECD Decision C(94)152/Final, substituting the disposal code with the disposal code set out in column 1 of Schedule 1 to these Regulations for the applicable operation set out in column 2 of that Schedule and, if the hazardous waste is a gas, substituting the letter G for the letter L, P or S in the International Waste Identification Code,the applicable code set out in List A of Annex VIII to the Convention,the identification number set out in column 1 of Schedule 3, 4 or 7, andthe following information set out in the applicable schedules to the Transportation of Dangerous Goods Regulations, namely,the applicable UN number set out in column 1 of Schedule 1 or column 5 of Schedule 3,the applicable class set out in column 3 of Schedule 1 or the primary class set out in column 4 of Schedule 3, andthe applicable packing group and risk group set out in column 4 of Schedule 1;the name, quantity and concentration of any persistent organic pollutant set out in column 2 of Schedule 10 that is contained in the hazardous waste referred to in the plan;if the exporter generates the hazardous waste referred to in the plan, the name and a description of the process that generated the waste and the activity in which that process is used;the origin of the hazardous waste if the exporter does not generate the waste referred to in the plan;the quantity of hazardous waste exported at the start of the implementation of the plan and the quantity of export reduction to be achieved at each stage of the plan;a description of the manner in which the exporter will reduce or phase out exports of the hazardous waste referred to in the plan;the options considered for reducing or phasing out the export of the hazardous waste referred to in the plan, including options for disposing of it or recycling it in Canada;the stages of the plan and a schedule for implementing the plan; andfor each stage of the plan, an estimate of the quantity of goods produced that generates the hazardous waste to which the plan applies and a description of the impact of any changes to the quantity produced on the reduction or phasing out of exports of that waste.Retention of planA person who submits a plan to the Minister must keep a copy of the plan at their principal place of business in Canada for a period of five years after the day on which the plan is submitted.
SOR/2012-99, s. 14.
Previous VersionEnvironmentally Sound ManagementRefusal to issue permitIf the Minister is of the opinion that the hazardous waste or hazardous recyclable material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may, in accordance with subsection 185(2) of the Act, refuse to issue a permit taking into account the following criteria:the implementation of an environmental management system at the authorized facility that includesprocedures for ensuring the protection of the environment and human health against the adverse effects that may result from the disposal of the hazardous waste or the recycling of the hazardous recyclable material including measures for monitoring the efficiency of the procedures and modifying them in the event that they do not protect the environment and human health,measures to monitor and ensure compliance with applicable laws with respect to the protection of the environment and human health, anda certification that the system includes those procedures and measures;the implementation of a plan at the authorized facility to prevent, prepare for and respond to an uncontrolled, unplanned or accidental release of hazardous waste or hazardous recyclable material; andthe existence of prohibitions or conditions relating to the disposal of hazardous waste or the recycling of hazardous recyclable material in Canada or abroad.
SOR/2012-99, s. 15(F).
Previous VersionCONSEQUENTIAL AMENDMENTConsequential amendmentParagraph 2(2)(b) of the Export of Substances Under the Rotterdam Convention Regulations1 is replaced by the following:is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;SOR/2002-317REPEALRepealThe Export and Import of Hazardous Wastes Regulations2 are repealed.SOR/92-637COMING INTO FORCEComing into ForceThese Regulations come into force on November 1, 2005.(Subsection 1(1), section 4, subparagraphs 8(j)(i) and (viii) and 9(f)(iv), paragraphs 9(n) and (o), subparagraph 16(e)(iv), paragraphs 16(m) and (n) and subparagraph 38(1)(a)(i))
DISPOSAL OPERATIONS FOR HAZARDOUS WASTE
Column 1Column 2ItemDisposal CodeOperation1.D1Release into or onto land, other than by any of operations D3 to D5 or D12.2.D2Land treatment, such as biodegradation of liquids or sludges in soil.3.D3Deep injection, such as injection into wells, salt domes, mines or naturally occurring repositories.4.D4Surface impoundment, such as placing liquids or sludges into pits, ponds or lagoons.5.D5Specially engineered landfilling, such as placement into separate lined cells that are isolated from each other and the environment.6.D6Release into water, other than a sea or ocean, other than by operation D4.7.D7Release into a sea or ocean, including sea-bed insertion, other than by operation D4.8.D8Biological treatment, not otherwise set out in this Schedule.9.D9Physical or chemical treatment, not otherwise referred to in this Schedule, such as calcination, neutralization or precipitation.10.D10Incineration or thermal treatment on land.11.D11Incineration or thermal treatment at sea.12.D12Permanent storage.13.D13Blending or mixing, prior to any of operations D1 to D12.14.D14Repackaging, prior to any of operations D1 to D13.15.D15Release, including the venting of compressed or liquified gases, or treatment, other than by any of operations D1 to D12.16.D16Testing of a new technology to dispose of a hazardous waste.17.D17Interim storage, prior to any of operations D1 to D12.
(Subsection 2(1), subparagraph 2(2)(e)(iii), section 4, subparagraphs 8(j)(i) and (viii) and 9(f)(iv), paragraphs 9(n) and (o), subparagraph 16(e)(iv) and paragraphs 16(m) and (n))
RECYCLING OPERATIONS FOR HAZARDOUS RECYCLABLE MATERIAL
Column 1Column 2ItemRecycling CodeOperation1.R1Use as a fuel in an energy recovery system, where the net heating value of the material is at least 12 780 kJ/kg.2.R2Recovery or regeneration of substances that have been used as solvents.3.R3Recovery of organic substances that have not been used as solvents.4.R4Recovery of metals and metal compounds.5.R5Recovery of inorganic materials other than metals or metal compounds.6.R6Regeneration of acids or bases.7.R7Recovery of components used for pollution abatement.8.R8Recovery of components from catalysts.9.R9Re-refining or re-use of used oil, other than by operation R1.10.R10Land treatment resulting in agricultural or ecological improvement.11.R11Use of residual materials obtained by any of operations R1 to R10 or R14.12.R12Exchange of a recyclable material for another recyclable material prior to recycling by any of operations R1 to R11 or R14.13.R13Accumulation prior to recycling by any of operations R1 to R11 orR14.14.R14Recovery or regeneration of a substance or use or re-use of a recyclable material, other than by any of operations R1 to R10.15.R15Testing of a new technology to recycle a hazardous recyclable material.16.R16Interim storage prior to any of operations R1 to R11 or R14.
(Paragraphs 1(1)(a) and 2(1)(a), subparagraph 8(j)(v), paragraphs 9(c) and 16(b) and subparagraph 38(1)(a)(iii))
HAZARDOUS WASTES AND HAZARDOUS RECYCLABLE MATERIALS
Column 1Column 2ItemIdentification No.Description of Hazardous Waste and Hazardous Recyclable Material1.HAZ1Biomedical waste – the following wastes, other than those generated from building maintenance, office administration or food preparation and consumption, that are generated by human or animal health care establishments, medical, health care or veterinary teaching or research establishments, clinical laboratories or facilities that test or produce vaccines and needle and syringe exchange programs:human tissues, organs or body parts, excluding teeth, hair or nails;human blood or blood products;human bodily fluids that are contaminated with blood;human bodily fluids removed in the course of autopsy, treatment, or surgery for diagnosis;animal tissues, organs, body parts or carcasses, excluding teeth, nails, hair, bristles, feathers, horns and hooves, resulting from the treatment of an animal for contamination or suspected contamination with one or more of the agents set out in paragraph 2.36(a) or (b) of the Transportation of Dangerous Goods Regulations;animal blood or blood products resulting from the treatment of an animal for contamination or suspected contamination with one or more of the agents set out in paragraph 2.36(a) or (b) of the Transportation of Dangerous Goods Regulations;animal bodily fluids that are visibly contaminated with animal blood and that result from the treatment of an animal for contamination or suspected contamination with one or more of the agents set out in paragraph 2.36(a) or (b) of the Transportation of Dangerous Goods Regulation;animal bodily fluids removed in the course of surgery, treatment or necropsy, and that result from the treatment of an animal for contamination or suspected contamination with one or more of the agents set out in paragraphs 2.36(a) or (b) of the Transportation of Dangerous Goods Regulations;live or attenuated vaccines, human or animal cell cultures, microbiology laboratory cultures, stocks or specimens of microorganisms and any items that have come into contact with them;any items that are saturated with the blood or bodily fluids referred to in paragraphs (b) to (d) or (f) to (h), including items that were saturated but that have dried; andcytotoxic drugs and any items, including tissues, tubing, needles or gloves, that have come into contact with a cytotoxic drug.Biomedical waste does not includeurine or feces;wastes that are controlled under the Health of Animals Act; orwastes that result from the breeding or raising of animals.2.HAZ2Used lubricating oils in quantities of 500 L or more, from internal combustion engines or gear boxes, transmissions, transformers, hydraulic systems or other equipment associated with such engines.3.HAZ3Used oil filters containing more than 6% of oil by mass.4.HAZ4Cyanide, or substances containing cyanide, in a concentration equal to or greater than 100 mg/kg.5.HAZ5Wastes that contain more than 2 mg/kg of polychlorinated terphenyls or polybrominated biphenyls described in Schedule 1 to the Act.6.HAZ6Wastes that contain, in a concentration of more than 100 ng/kg of 2,3,7,8-tetrachlorodibenzo-p-dioxin equivalent,total polychlorinated dibenzofurans that have a molecular formula C12H8-nClnO in which “n” is greater than 1; ortotal polychlorinated dibenzo-p-dioxins that have a molecular formula C12H8-nClnO2 in which “n” is greater than 1.The concentration is calculated in accordance with “International Toxicity Equivalency Factor (I-TEF) Method of Risk Assessment for Complex Mixtures of Dioxins and Related Compounds”, Pilot Study on International Information Exchange on Dioxins and Related Compounds, Committee on the Challenges of Modern Society, North Atlantic Treaty Organization, Report Number 176, August 1988, as amended from time to time, using the following factors:2,3,7,8-tetrachlorodibenzodioxin1.01,2,3,7,8-pentachlorodibenzodioxin0.51,2,3,4,7,8-hexachlorodibenzodioxin0.11,2,3,7,8,9-hexachlorodibenzodioxin0.11,2,3,6,7,8-hexachlorodibenzodioxin0.11,2,3,4,6,7,8-heptachlorodibenzodioxin0.01octachlorodibenzodioxin0.0012,3,7,8-tetrachlorodibenzofuran0.12,3,4,7,8-pentachlorodibenzofuran0.51,2,3,7,8-pentachlorodibenzofuran0.051,2,3,4,7,8-hexachlorodibenzofuran0.11,2,3,7,8,9-hexachlorodibenzofuran0.11,2,3,6,7,8-hexachlorodibenzofuran0.12,3,4,6,7,8-hexachlorodibenzofuran0.11,2,3,4,6,7,8-heptachlorodibenzofuran0.011,2,3,4,7,8,9-heptachlorodibenzofuran0.01octachlorodibenzofuran0.001
SOR/2012-99, s. 16(E).
Previous Version(Paragraphs 1(1)(c) and 2(1)(c) and subparagraphs 8(j)(v) and 38(1)(a)(iii))
PART 1
HAZARDOUS WASTES AND HAZARDOUS RECYCLABLE MATERIALS FROM NON-SPECIFIC SOURCESColumn 1Column 2ItemIdentification No.Description of Hazardous Waste and Hazardous Recyclable Material1.F001The following spent halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1 trichloroethane, carbon tetrachloride and chlorinated fluorocarbons; all spent solvent mixtures and blends used in degreasing containing, before use, a total of 10% or more (by volume) of one or more of the above halogenated solvents or those solvents listed as F002, F004 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures.2.F002The following spent halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1 trichloroethane, chlorobenzene, 1,1,2 trichloro 1,2,2 trifluoroethane, ortho dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane; all spent solvent mixtures and blends containing, before use, a total of 10% or more (by volume) of one or more of the above halogenated solvents or those listed as F001, F004 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures.3.F003The following spent non halogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n butyl alcohol, cyclohexanone and methanol; all spent solvent mixtures and blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures and blends containing, before use, one or more of the above spent non-halogenated solvents, and a total of 10% or more (by volume) of one or more of those solvents listed as F001, F002, F004 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures.4.F004The following spent non halogenated solvents: cresols, cresylic acid and nitrobenzene; all spent solvent mixtures and blends containing, before use, a total of 10% or more (by volume) of one or more of the above spent non-halogenated solvents or those solvents listed as F001, F002 or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.5.F005The following spent non halogenated solvents: toluene, methyl ethyl ketone, carbon disulphide, isobutanol, pyridine, benzene, 2-ethoxyethanol and 2-nitropropane; all spent solvent mixtures and blends containing, before use, a total of 10% or more (by volume) of one or more of the above spent non-halogenated solvents or those solvents listed as F001, F002 or F004; and still bottoms from the recovery of those spent solvents and spent solvent mixtures.6.F006Wastewater treatment sludges from electroplating operations except for the following processes: (1) sulphuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (on a segregated basis) on carbon steel; (4) aluminum or aluminum zinc plating on carbon steel; (5) cleaning or stripping associated with tin, zinc or aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum.7.F007Spent cyanide plating bath solutions from electroplating operations.8.F008Plating bath sludge from the bottom of plating baths from electroplating operations where cyanides are used in the process.9.F009Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process.10.F010Quenching bath sludge from oil baths from metal heat treating operations where cyanides are used in the process.11.F011Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.12.F012Quenching wastewater treatment sludge from metal heat treating operations where cyanides are used in the process.13.F019Wastewater treatment sludge from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing if such phosphating is an exclusive conversion coating process.14.F020Wastes from the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tri- or tetrachlorophenol or of intermediates used to produce their pesticide derivatives, excluding wastewater and spent carbon from hydrogen chloride purification and wastes from the production of hexachlorophene from highly purified 2,4,5-trichlorophenol.15.F021Wastes from the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of pentachlorophenol or of intermediates used to produce its derivatives, excluding wastewater and spent carbon from hydrogen chloride purification.16.F022Wastes from the manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tetra-, penta- or hexachlorobenzenes under alkaline conditions, excluding wastewater and spent carbon from hydrogen chloride purification.17.F023Wastes from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tri- and tetrachlorophenols, excluding wastewater and spent carbon from hydrogen chloride purification and wastes from equipment used only for the production or use of hexachlorophene from highly purified 2,4,5-trichlorophenol.18.F024Process wastes, including, but not limited to, distillation residues, heavy ends, tars and reactor clean-out wastes from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes, those chlorinated aliphatic hydrocarbons being those having carbon chain lengths ranging from 1 to and including 5, with varying amounts and positions of chlorine substitution, and excluding wastewaters, wastewater treatment sludge, spent catalysts and wastes set out in Schedule 7.19.F025Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes, those chlorinated aliphatic hydrocarbons being those having carbon chain lengths ranging from 1 to and including 5, with varying amounts and positions of chlorine substitution.20.F026Wastes from the production of materials on equipment previously used for the manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tetra-, penta- or hexachlorobenzene under alkaline conditions, excluding wastewater and spent carbon from hydrogen chloride purification.21.F027Discarded unused formulations containing tri-, tetra- or pentachlorophenol or discarded unused formulations containing compounds derived from those chlorophenols, excluding formulations containing hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component.22.F028Residues resulting from incineration or treatment of soil contaminated with wastes listed as F020, F021, F022, F023, F026 or F027.23.F032Wastewaters, spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations, process residuals and preservative drippage, except wastewaters that have not come into contact with process contaminants, spent formulations that potentially cross-contaminated wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives, and bottom sediment sludge listed as K001.24.F034Wastewaters, process residuals, preservative drippage and spent formulations from wood preserving processes generated at plants that use creosote formulations, excluding bottom sediment sludge listed as K001 and wastewaters that have not come into contact with process contaminants.25.F035Wastewaters, process residuals, preservative drippage and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium, excluding bottom sediment sludge listed as K001 and wastewaters that have not come into contact with process contaminants.26.F037Petroleum refinery primary oil, water and solids separation sludge; sludge generated from the gravitational separation of oil, water and solids during the storage or treatment of process wastewaters and oil cooling wastewaters from petroleum refineries, including, but not limited to, those generated in oil, water and solids separators, tanks and impoundments, ditches and other conveyances, sumps and stormwater units receiving dry weather flow; sludge generated in stormwater units that do not receive dry weather flow; sludge generated from non-contact once-through cooling waters segregated for treatment from other processes or oily cooling waters; sludge generated in biological treatment units that employ one of the following treatment methods: activated sludge, trickling filter, rotating biological contactor for the continuous accelerated biological oxidation of wastewaters, or high-rate aeration (including sludge generated in one or more additional units after wastewaters have been treated in biological treatment units). Wastes listed as K051 are excluded.27.F038Petroleum refinery secondary (emulsified) oil, water and solids separation sludge; sludge or float generated from the physical or chemical separation of oil, water and solids in process wastewaters and oily cooling wastewaters from petroleum refineries, including, but not limited to, sludge and floats generated in induced air flotation (IAF) units, tanks and impoundments, and in dissolved air flotation (DAF) units; sludge generated in stormwater units that do not receive dry weather flow; sludge generated from non-contact once-through cooling waters segregated for treatment from other processes or oily cooling water; sludge and float generated in biological treatment units that employ one of the following treatment methods: activated sludge, trickling filter, rotating biological contactor for the continuous accelerated biological oxidation of wastewaters, or high-rate aeration (including sludge and float generated in one or more additional units after wastewaters have been treated in a biological treatment unit). Wastes listed as F037, K048 and K051 are excluded.28.F039Leachate (liquids that percolated through land disposed wastes) resulting from the disposal of more than one waste classified as a hazardous waste by being included in this Schedule.
PART 2
HAZARDOUS WASTES AND HAZARDOUS RECYCLABLE MATERIALS FROM SPECIFIC SOURCESColumn 1Column 2ItemIdentification No.Description of Hazardous Waste and Hazardous Recyclable MaterialWood Preservation1.K001Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote or pentachlorophenol or both.Inorganic Pigments2.K002Wastewater treatment sludge from the production of chrome yellow and orange pigments.3.K003Wastewater treatment sludge from the production of molybdate orange pigments.4.K004Wastewater treatment sludge from the production of zinc yellow pigments.5.K005Wastewater treatment sludge from the production of chrome green pigments.6.K006Wastewater treatment sludge from the production of chromeoxide green pigments (anhydrous and hydrated).7.K007Wastewater treatment sludge from the production of iron blue pigments.8.K008Oven residue from the production of chromeoxide green pigments.Organic Chemicals9.K009Distillation bottoms from the production of acetaldehyde from ethylene.10.K010Distillation side cuts from the production of acetaldehyde from ethylene.11.K011Bottom stream from the wastewater stripper in the production of acrylonitrile.12.K013Bottom stream from the acetonitrile column in the production of acrylonitrile.13.K014Bottoms from the acetonitrile purification column in the production of acrylonitrile.14.K015Still bottoms from the distillation of benzylchloride.15.K016Heavy ends or distillation residues from the production of carbon tetrachloride.16.K017Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.17.K018Heavy ends from the fractionation column in ethyl chloride production.18.K019Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.19.K020Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.20.K021Aqueous spent antimony catalyst waste from fluoromethanes production.21.K022Distillation bottom tars from the production of phenol and acetone from cumene.22.K023Distillation light ends from the production of phthalic anhydride from naphthalene.23.K024Distillation bottoms from the production of phthalic anhydride from naphthalene.24.K025Distillation bottoms from the production of nitrobenzene by the nitration of benzene.25.K026Stripping still tails from the production of methyl ethyl pyridines.26.K027Centrifuge and distillation residues from toluene diisocyanate production.27.K028Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1 trichloroethane.28.K029Waste from the product stream stripper in the production of 1,1,1 trichloroethane.29.K030Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene.30.K083Distillation bottoms from aniline production.31.K085Distillation or fractionating column bottoms from the production of chlorobenzenes.32.K093Distillation light ends from the production of phthalic anhydride from o xylene.33.K094Distillation bottoms from the production of phthalic anhydride from o xylene.34.K095Distillation bottoms from the production of 1,1,1 trichloroethane.35.K096Heavy ends from the heavy ends columns from the production of 1,1,1 trichloroethane.36.K103Process residues from aniline extraction from the production of aniline.37.K104Combined wastewater streams from nitrobenzene and aniline production.38.K105Separated aqueous stream from the reactor product washing step in the production of chlorobenzene.39.K107Column bottoms from product separation from the production of 1,1-dimethyl-hydrazine (UDMH) from carboxylic acid hydrazines.40.K108Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.41.K109Spent filter cartridges from product purification from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides.42.K110Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.43.K111Product washwaters from the production of dinitrotoluene via nitration of toluene.44.K112Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene.45.K113Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.46.K114Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.47.K115Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.48.K116Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine.49.K117Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene.50.K118Spent adsorbent solids from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.51.K136Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.52.K140Floor sweepings, off-specification product and spent filter media from the production of 2,4,6-tribromophenol.53.K149Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, ring- chlorinated toluenes, benzoyl chlorides and compounds with mixtures of those functional groups, excluding still bottoms from the distillation of benzyl chloride.54.K150Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl ) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides and compounds with mixtures of those functional groups.55.K151Wastewater treatment sludge generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides and compounds with mixtures of those functional groups, excluding neutralization and biological sludge.56.K156Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates and decantates) from the production of carbamates and carbamoyl oximes, excluding waste generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.57.K157Wastewaters (including scrubber waters, condenser waters, washwaters and separation waters) from the production of carbamates and carbamoyl oximes, excluding wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.58.K158Bag house dusts and filter or separation solids from the production of carbamates and carbamoyl oximes, excluding wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.59.K159Organics from the treatment of thiocarbamate wastes.60.K161Purification solids (including filtration, evaporation and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts, excluding substances listed as K125 or K126.Inorganic chemicals61.K071Brine purification sludge from the mercury cell process in chlorine production if separately prepurified brine is not used.62.K073Chlorinated hydrocarbon wastes from the purification step of the diaphragm cell process using graphite anodes in chlorine production.63.K106Wastewater treatment sludge from the mercury cell process in chlorine production.Pesticides64.K031By product salts generated in the production of monosodium acid methanearsonate (MSMA) and cacodylic acid.65.K032Wastewater treatment sludge from the production of chlordane.66.K033Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane.67.K034Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane.68.K035Wastewater treatment sludge from the production of creosote.69.K036Still bottoms from toluene reclamation distillation in the production of disulfoton.70.K037Wastewater treatment sludge from the production of disulfoton.71.K038Wastewater from the washing and stripping of phorate production.72.K039Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate.73.K040Wastewater treatment sludge from the production of phorate.74.K041Wastewater treatment sludge from the production of toxaphene.75.K042Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5 T.76.K0432,6 Dichlorophenol waste from the production of 2,4 D.77.K97Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.78.L098Untreated process wastewater from the production of toxaphene.79.K099Untreated wastewater from the production of 2,4 D.80.K123Process wastewater, including supernates, filtrates and washwaters, from the production of ethylenebisdithiocarbamic acid and its salts.81.K124Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts.82.K125Filtration, evaporation and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts.83.K126Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts.84.K131Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide.85.K132Spent absorbent and wastewater separator solids from the production of methyl bromide.Explosives86.K044Wastewater treatment sludge from the manufacturing and processing of explosives.87K045Spent carbon from the treatment of wastewater containing explosives.88.K046Wastewater treatment sludge from the manufacturing, formulation and loading of lead based initiating compounds.89.K047Pink and red water from the production of TNT.Petroleum refining90.K048Dissolved air flotation (DAF) float from the petroleum refining industry.91.K049Slop oil emulsion solids from the petroleum refining industry.92.K050Heat exchanger bundle cleaning sludge from the petroleum refining industry.93.K051American Petroleum Institute (API) separator sludge from the petroleum refining industry.94.K052Tanks bottoms (leaded) from the petroleum refining industry.95.K169Crude oil storage tank sediment from refining petroleum.96.K170Clarified slurry oil tank sediment and in-line filter or separation solids from refining petroleum.97.K171Spent hydrotreating catalyst from refining petroleum, including guard beds used to desulfurize feeds to other catalytic reactors, excluding inert support media.98.K172Spent hydrorefining catalyst from refining petroleum, including guard beds used to desulfurize feeds to other catalytic reactors, excluding inert support media.Iron and steel99.K061Emission control dust and sludge from the primary production of steel in electric furnaces.100.K062Spent pickle liquor from steel finishing operations of facilities within the iron and steel industry at steel works, blast furnaces (including coke ovens), rolling mills, iron and steel foundries, gray and ductile iron foundries, malleable iron foundries, steel investment foundries or other miscellaneous steel foundries, or at facilities in the electrometallurgical products (except steel) industry, steel wiredrawing and steel nails and spikes industry, coldrolled steel sheet, strip and bars industry or steel pipes and tubes industry.Primary copper101.K064Acid plant blowdown slurry and sludge resulting from the thickening of blowdown slurry from primary copper production.Primary lead102.K065Surface impoundment solids contained in and dredged from surface impoundments at primary lead smelting facilities.Primary zinc103.K066Sludge from treatment of process wastewater and acid plant blowdown from primary zinc production.Primary aluminum104.K088Spent potliners from primary aluminum reduction.Ferroalloys105.K090Emission control dust or sludge from ferrochromiumsilicon production.106.K091Emission control dust or sludge from ferrochromium production.Secondary lead107.K069Emission control dust and sludge from secondary lead smelting.108.K100Waste leaching solution from acid leaching of emission control dust and sludge from secondary lead smelting.Veterinary pharmaceuticals109.K084Wastewater treatment sludge from the production of veterinary pharmaceuticals from arsenic or organo arsenic compounds.110.K101Distillation tar residues from the distillation of aniline based compounds in the production of veterinary pharmaceuticals from arsenic or organo arsenic compounds.111.K102Residue from the use of activated carbon for decolourization in the production of veterinary pharmaceuticals from arsenic or organo arsenic compounds.Ink formulation112.K086Solvent washes and sludge, caustic washes and sludge or water washes and sludge from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps and stabilizers containing chromium and lead.Coking113.K060Ammonia still lime sludge from coking operations.114.K087Decanter tank tar sludge from coking operations.115.K141Process residues from the recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal and the recovery of coke by-products produced from coal, excluding those wastes listed as K087.116.K142Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal.117.K143Process residues from the recovery of light oil, including, but not limited to, those generated in stills, decanters and wash oil recovery units from the recovery of coke by- products produced from coal.118.K144Wastewater sump residues from light oil refining, including, but not limited to, intercepting or contamination sump sludge from the recovery of coke by-products produced from coal.119.K145Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal.120.K147Tar storage tank residues from coal tar refining.121.K148Residues from coal tar distillation, including, but not limited to, still bottoms.
ItemDescription1.Slags, skimmings and dross containing precious metals, copper or zinc for further refining2.Platinum group metal (PGM) automobile catalysts3.Electronic scrap such as circuit boards, electronic components and wires that are suitable for base or precious metal recovery4.Brass in the form of turnings, borings and choppings
(Section 4)The movement document is divided in four sections. Sections A, B and C contain respectively the generator/consignor, the carrier and the receiver/consignee information, such as names and addresses. A fourth section contains the quantity and description of the waste or material.