Marginal note:Refusal to issue permit

39. If the Minister is of the opinion that the hazardous waste or hazardous recyclable material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may, in accordance with subsection 185(2) of the Act, refuse to issue a permit taking into account the following criteria:

• (a) the implementation of an environmental management system at the authorized facility that includes

  • (i) procedures for ensuring the protection of the environment and human health against the adverse effects that may result from the disposal of the hazardous waste or the recycling of the hazardous recyclable material including measures for monitoring the efficiency of the procedures and modifying them in the event that they do not protect the environment and human health,

  • (ii) measures to monitor and ensure compliance with applicable laws with respect to the protection of the environment and human health, and

  • (iii) a certification that the system includes those procedures and measures;

• (b) the implementation of a plan at the authorized facility to prevent, prepare for and respond to an uncontrolled, unplanned or accidental release of hazardous waste or hazardous recyclable material; and

• (c) the existence of prohibitions or conditions relating to the disposal of hazardous waste or the recycling of hazardous recyclable material in Canada or abroad.

Marginal note:Consequential amendment

40. Paragraph 2(2)(b) of the Export of Substances Under the Rotterdam Convention RegulationsFootnote ¹ is replaced by the following:

• (b) is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;

• Return to footnote ¹SOR/2002-317

Marginal note:Repeal

41. The Export and Import of Hazardous Wastes RegulationsFootnote ² are repealed.

• Return to footnote ²SOR/92-637

Marginal note:Coming into Force

42. These Regulations come into force on November 1, 2005.