Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (SOR/2005-149)

Regulations are current to 2013-04-29 and last amended on 2012-05-04. Previous Versions

Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

SOR/2005-149

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2005-05-17

Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

P.C. 2005-930 2005-05-17

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, 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, 1999Footnote b, hereby makes the annexed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations.

DEFINITIONS AND INTERPRETATION

Definition of “hazardous waste”

  • 1. (1) In 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 that

    • (a) is set out in column 2 of Schedule 3;

    • (b) is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;

    • (c) 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;

    • (d) 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;

    • (e) 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;

    • (f) is set out in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused; or

    • (g) according 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.

  • Marginal note:Exclusion

    (2) The definition “hazardous waste” in subsection (1) does not include anything that is

    • (a) exported, 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;

    • (b) collected from households in the course of regular municipal waste collection services; or

    • (c) part of the exporter’s or importer’s personal effects or household effects not resulting from commercial use.

Definition of “hazardous recyclable material”

  • 2. (1) In 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 that

    • (a) is set out in column 2 of Schedule 3;

    • (b) is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;

    • (c) 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;

    • (d) 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;

    • (e) 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;

    • (f) is set out in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused; or

    • (g) according 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.

  • Marginal note:Exclusion

    (2) The definition “hazardous recyclable material” in subsection (1) does not include anything that is

    • (a) exported, 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;

    • (b) collected from households in the course of regular municipal waste collection services;

    • (c) part of the exporter’s or importer’s personal effects or household effects not resulting from commercial use;

    • (d) exported to, imported from, or conveyed in transit through a country that is a party to OECD Decision C(2001)107/Final and that

      • (i) is in a quantity of 25 kg or 25 L or less,

      • (ii) is exported or imported for the purpose of conducting measurements, tests or research with respect to the recycling of that material,

      • (iii) 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”, and

      • (iv) is not and does not contain an infectious substance as defined in section 1.4 of the Transportation of Dangerous Goods Regulations; or

    • (e) exported to, imported from, or conveyed in transit through a country that is a party to OECD Decision C(2001)107/Final and that

      • (i) is set out in Schedule 8,

      • (ii) 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, and

      • (iii) is intended to be recycled at an authorized facility in the country of import using one of the operations set out in Schedule 2.