37. (1) The liability insurance required by these Regulations must be in respect of
(a) any damages to third parties for which the exporter, importer or authorized carrier is responsible; and
(b) any 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.
(2) The amount of liability insurance required in respect of each export or import of hazardous waste or hazardous recyclable material is
(a) for exporters or importers, at least $5,000,000 for hazardous waste;
(b) for exporters or importers, at least $1,000,000 for hazardous recyclable material; and
(c) for authorized carriers, the amount required by the laws of the jurisdiction in which the hazardous waste or hazardous recyclable material is transported.
Marginal note:Coverage period
(3) The insurance must cover liability arising
(a) in 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;
(b) 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; or
(c) if Canada is a country of transit, at any time during the transit through Canada.
Export Reduction Plans
Marginal note:Content of plan
38. (1) The plan referred to in subsection 188(1) of the Act must contain
(a) the following information with respect to the hazardous waste to which the plan applies, namely,
(i) 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,
(ii) the applicable code set out in List A of Annex VIII to the Convention,
(iii) the identification number set out in column 1 of Schedule 3, 4 or 7, and
(iv) the following information set out in the applicable schedules to the Transportation of Dangerous Goods Regulations, namely,
(A) the applicable UN number set out in column 1 of Schedule 1 or column 5 of Schedule 3,
(B) the applicable class set out in column 3 of Schedule 1 or the primary class set out in column 4 of Schedule 3, and
(C) the applicable packing group and risk group set out in column 4 of Schedule 1;
(b) 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;
(c) 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;
(d) the origin of the hazardous waste if the exporter does not generate the waste referred to in the plan;
(e) 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;
(f) a description of the manner in which the exporter will reduce or phase out exports of the hazardous waste referred to in the plan;
(g) 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;
(h) the stages of the plan and a schedule for implementing the plan; and
(i) for 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.
Marginal note:Retention of plan
(2) A 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.
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