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

Regulations are current to 2014-09-15 and last amended on 2012-05-04. Previous Versions

Returns to the Country of Export

Marginal note:Notice — returns to country of export
  •  (1) If 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:

    • (a) 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;

    • (b) the name of each insurance company and the policy number for each insurance policy required under these Regulations;

    • (c) the reason for the return;

    • (d) 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;

    • (e) 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;

    • (f) 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;

    • (g) the notice reference number contained in the original import permit for the import of the hazardous waste or hazardous recyclable material into Canada; and

    • (h) the line item number contained in the original import permit for the hazardous waste or hazardous recyclable material that will be returned.

  • Marginal note:Importer’s obligations

    (2) After an export permit is issued, the importer must

    • (a) return 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;

    • (b) 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,

      • (i) accompanies the hazardous waste or hazardous recyclable material, and

      • (ii) is 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; and

    • (c) submit 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.

PART 6MISCELLANEOUS MATTERS

Confirmation of Disposal or Recycling

Marginal note:Confirmation
  •  (1) Within 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 recycled

    • (a) in accordance with the export or import permit;

    • (b) in a manner that protects the environment and human health against the adverse effects that may result from the waste or material; and

    • (c) within the period referred to in paragraph 9(o) or 16(n).

  • Marginal note:Mandatory reference

    (2) The 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.

  • Marginal note:Retention of confirmation

    (3) The 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).