Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Permits based on equivalent environmental safety level

• 190. (1) The Minister may issue a permit authorizing, subject to conditions fixed by the Minister, any activity to be conducted in a manner that does not comply with this Division if the Minister is satisfied that

  • (a) the manner in which the activity will be conducted provides a level of environmental safety at least equivalent to that provided by compliance with this Division; and

  • (b) in the case of the importation, exportation or transit of a waste or material referred to in subsection 185(1), the activity is consistent with international environmental agreements binding on Canada.

• Marginal note:Scope of permit

  (2) The permit may authorize the activity in terms of the persons who may conduct the activity and in terms of the waste and material that it may involve.

• Marginal note:Revocation of permit

  (3) The Minister may revoke the permit if

  • (a) the Minister is of the opinion that paragraph (1)(a) or (b) no longer applies;

  • (b) the regulations have been amended and address the activity authorized by the permit; or

  • (c) the permit holder does not comply with the conditions of the permit.

• Marginal note:Publication

  (4) The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, a copy of each permit issued under this section.

Marginal note:Regulations

191. The Governor in Council may, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Division, including regulations

• (a) defining, for the purposes of this Division and Part 10, words and expressions used in this Division, and providing criteria, testing protocols and standards in relation to those definitions;

• (b) respecting the notification referred to in paragraph 185(1)(a) and the procedure for applying for a permit under this Division;

• (c) establishing criteria for the purpose of subsection 185(2) that take into account obligations arising from international agreements to which Canada is a party;

• (d) for establishing a classification system for waste and material;

• (e) respecting information and documents to be provided to the Minister;

• (f) respecting conditions governing the import, export, transit and movement within Canada of waste and material;

• (g) respecting plans referred to in subsection 188(1), taking into account

  • (i) the benefit of using the nearest appropriate disposal facility, and

  • (ii) changes in the quantity of goods the production of which generates hazardous waste to be disposed of by an exporter or class of exporters; and

• (h) prescribing anything that by this Division is to be prescribed.