CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Contaminated Fuel RegulationsRegulations Respecting the Import and Export of Contaminated FuelP.C.1991-143319918
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Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection Act*, the Minister of the Environment published in the Canada Gazette Part I on March 16, 1991, a copy of the proposed Regulations respecting the import and export of contaminated fuel and amending the List of Toxic Substances in Schedule I to the Canadian Environmental Protection Act, substantially in the form annexed hereto;R.S., c. 16 (4th Supp.)Whereas more than 60 days have elapsed from the date of publication and no notices of objection to the proposed Regulations were filed with the Minister of the Environment pursuant to subsection 48(2) of the Canadian Environmental Protection Act*;And Whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of the Canadian Environmental Protection Act, the regulations do not regulate any aspect of any substance that is regulated by or under any other Act of Parliament;Therefore, His Excellency the Governor General in Council, pursuant to section 34** of the Canadian Environmental Protection Act*, on the recommendation of the Minister of the Environment and the Minister of National Health and Welfare and after the federal-provincial advisory committee has been given an opportunity to provide its advice under section 6 of that Act, is pleased hereby to make the annexed Regulations respecting the import and export of contaminated fuel and amending the List of Toxic Substances in Schedule I to the Canadian Environmental Protection Act.S.C. 1989, c. 9, s. 2SHORT TITLEThese Regulations may be cited as the Contaminated Fuel Regulations.INTERPRETATIONIn these Regulations, contaminated fuel means any fuel described in item 13 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.
SOR/2000-102, s. 6.
PROHIBITIONSSubject to subsection 4(1) and section 5, no person shall import into Canada contaminated fuel.Subject to subsection 4(2), no person shall export out of Canada contaminated fuel.EXEMPTIONSA person may import into Canada contaminated fuel for destruction, disposal or recycling in accordance with applicable federal or provincial law regarding the destruction, disposal or recycling of hazardous wastes.A person may export contaminated fuel to a country if the appropriate authority in that country authorizes or permits the importation.MAINTENANCE OF RECORDSA person who imports contaminated fuel into Canada shall maintain, for each shipment of contaminated fuel imported, records that contain the following information:the type of contaminated fuel imported;the quantity of each type of contaminated fuel imported;the date on which the contaminated fuel was imported;the port of entry through which the contaminated fuel passed;the commodity code for each type of contaminated fuel imported;the importer number for the shipment of contaminated fuel;the name of the manufacturer of the contaminated fuel, if known;the name of the supplier of the contaminated fuel, if different from that of the manufacturer;locations to which the contaminated fuel is to be delivered;the name and address of all purchasers of the contaminated fuel; andthe class and name of the dangerous goods that contaminate each fuel.A person who exports contaminated fuel out of Canada shall maintain, for each shipment of contaminated fuel exported, a document that provides proof that the importation into the country of destination is authorized or permitted by that country in accordance with subsection 4(2).Any record referred to in subsection (1) and any document referred to in subsection (2) shall be kept by the importer or exporter, as the case may be, for a period of five years after the day on which the record or document, as the case may be, is made.PRODUCTION OF RECORDS AND DOCUMENTSAn importer or exporter of contaminated fuel shall, on request of an inspector, produce any records or documents that contain the information referred to in section 5.[Repealed, SOR/2000-102, s. 7]