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

Regulations are current to 2017-10-13 and last amended on 2016-10-21. Previous Versions

Marginal note:Transportation of Dangerous Goods Regulations

 For the purposes of sections 1 and 2, references to the Transportation of Dangerous Goods Regulations shall be read as follows:

  • (a) the reference to “public safety” in subparagraph 2.43(b)(i) shall be read as a reference to “the environment and human health”; and

  • (b) subparagraph 2.43(b)(i) shall be read without reference to “during transport”.

Marginal note:Definitions

 The following definitions apply in Division 8 of Part 7 of the Act and in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

authorities of the country

authorities of the country[Repealed, SOR/2016-273, s. 5]

authorized carrier

authorized carrier means a carrier that is authorized by the authorities of the jurisdiction in which the waste or material is transported, to transport the hazardous waste or hazardous recyclable material that is to be exported, imported or conveyed in transit. (transporteur agréé)

authorized facility

authorized facility means a facility that is authorized by the authorities of the jurisdiction in which the facility is located to

  • (a) dispose of the hazardous waste being exported or imported using an operation set out in Schedule 1; or

  • (b) recycle the hazardous recyclable material being exported or imported using an operation set out in Schedule 2. (installation agréée)

Canada-USA Agreement

Canada-USA Agreement means the Agreement between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste, which entered into force on November 8, 1986, as amended from time to time. (accord Canada-États-Unis)

competent authority

competent authority means, in the case of a country that is a party to the Convention or is subject to OECD Decision C(2001)107/Final, the authority that is designated as the competent authority by that country under the Convention or under OECD Decision C(2001)107/Final, as the case may be, and, in the case of the United States, the United States Environmental Protection Agency. (autorité compétente)

Convention

Convention means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which entered into force on May 5, 1992. (Convention)

foreign exporter

foreign exporter means the person who exports hazardous waste or hazardous recyclable material from a country other than Canada. (expéditeur étranger)

foreign receiver

foreign receiver means the person who imports hazardous waste or hazardous recyclable material into a country other than Canada. (destinataire étranger)

movement document

movement document means the form set out in Schedule 9. (document de mouvement)

notice

notice means the notice of export, import or transit referred to in paragraph 185(1)(a) of the Act. (notification)

OECD Decision C(94)152/Final

OECD Decision C(94)152/Final means Decision C(88)90/Final of the Organization for Economic Co-operation and Development, Decision of the Council on Transfrontier Movements of Hazardous Wastes, dated May 27, 1988, as amended by Decision C(94)152/Final, Decision of the Council Amending the Decision on Transfrontier Movements of Hazardous Wastes, dated July 28, 1994. (décision C(94)152/Final de l’OCDE)

OECD Decision C(2001)107/Final

OECD Decision C(2001)107/Final means Decision C(2001)107/Final of the Organization for Economic Co-operation and Development, Decision of the Council Concerning the Revision of Decision C(92)39/FINAL on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, dated May 21, 2002. (décision C(2001)107/Final de l’OCDE)

permit

permit means the export, import or transit permit referred to in paragraph 185(1)(b) of the Act. (permis)

registration number

registration number means the number assigned by a province or country indicating the authority to undertake an activity with respect to a hazardous waste or hazardous recyclable material. (numéro d’immatriculation)

  • SOR/2016-273, s. 5.

PART 1Notice

Application

Marginal note:Application

 This Part applies to the export, import and transit of hazardous waste and hazardous recyclable material other than returns of that waste or material under Part 5.

Notice Procedure

Marginal note:Notice reference number

 The Minister shall provide a notice reference number to any person who requests one for the purpose of submitting a notice.

Marginal note:Delivery of notice
  •  (1) The person that proposes to export, import or convey in transit a hazardous waste or hazardous recyclable material must submit a notice to the Minister in writing within 12 months before the export, import or transit.

  • Marginal note:Separate notices

    (2) In the case of an export or import, the notice must not include both hazardous waste and hazardous recyclable material.

  • Marginal note:Notice for multiple hazardous wastes or hazardous recyclable materials

    (3) The notice may provide for more than one hazardous waste or more than one hazardous recyclable material, as the case may be, if they

    • (a) are to be shipped

      • (i) to the same authorized facility at the same location,

      • (ii) through the same port of exit or the same port of entry, and

      • (iii) within the same 12-month period;

    • (b) are to be reported to the same customs office;

    • (c) originate from the same person and the same facility; and

    • (d) in the case of an export or import, have essentially the same physical and chemical characteristics.

  • Marginal note:Language

    (4) In the case of an export or a transit, if English or French is not a language used by the competent authority of the country of import or transit, the notice must be submitted in English or French and in a language used by that competent authority.

  • Marginal note:Application for permit

    (5) The notice shall serve as an application for a permit.

  • Marginal note:New notice

    (6) A person must submit a new notice to the Minister if there is a change to any of the information contained in the permit, except that the person who submitted the notice may advise the Minister in writing of a change to quantity of hazardous waste or hazardous recyclable material or the number of shipments, or may add authorized carriers, ports of exit or entry or customs offices.

  • SOR/2016-273, s. 6.

Content of Notice

Marginal note:Content

 The person who submits the notice must include the following information in the notice:

  • (a) the notice reference number provided by the Minister under section 6;

  • (b) the name, registration number, civic and mailing addresses, telephone number and, if applicable, electronic address and facsimile number of, and the name of the contact person for,

    • (i) the person submitting the notice,

    • (ii) the foreign receiver or the foreign exporter, as the case may be,

    • (iii) the facility from which the hazardous waste or hazardous recyclable material will be shipped,

    • (iv) the authorized carriers that will transport the hazardous waste or hazardous recyclable material, and

    • (v) all authorized facilities that will receive the hazardous waste or hazardous recyclable material;

  • (c) all modes of transport that will be used;

  • (d) the proposed number of shipments;

  • (e) the port of exit or the port of entry through which the export or import will take place, as the case may be and, in the case of a transit, the port of exit and entry through which the transit will take place;

  • (f) the customs office at which the hazardous waste or hazardous recyclable material is to be reported, if applicable;

  • (g) the proposed date of the first and last shipments or, in the case of a transit, the proposed dates of entry of the first shipment and exit of the last shipment;

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

  • (i) the countries of transit through which the hazardous waste or hazardous recyclable material will be conveyed and the length of time it will be in each country of transit;

  • (j) the following information with respect to each hazardous waste or hazardous recyclable material, namely,

    • (i) the International Waste Identification Code under OECD Decision C(94)152/Final,

      • (A) with the disposal or recycling code in the International Waste Identification Code replaced by the disposal or recycling code set out in column 1 of Schedule 1 or 2 to these Regulations for the applicable operation set out in column 2 of that Schedule, and

      • (B) with the letter L (liquid), P (sludge) or S (solid) in the International Waste Identification Code replaced by the letter G if the hazardous waste or hazardous recyclable material is a gas,

    • (i.1) every applicable code set out in Annex I or II of the Convention — as amended from time to time, to the extent that the amendments are binding on Canada — added at the end of the International Waste Identification Code,

    • (ii) the applicable code set out in List A of Annex VIII to the Convention, as amended from time to time, to the extent that the amendments are binding on Canada,

    • (iii) for hazardous recyclable material that will be exported to, imported from or conveyed in transit through a country that is subject to OECD Decision C(2001)107/Final, the applicable code set out in Part II of Appendix 4 to that Decision, as amended from time to time, to the extent that the amendments are binding on Canada,

    • (iv) the tariff item and the statistical suffix set out in the Customs Tariff Departmental Consolidation, published by the Canada Border Services Agency, as amended from time to time,

    • (v) the applicable identification number set out in column 1 of Schedule 3, 4 or 7 for the hazardous waste or hazardous recyclable material set out in column 2 of that Schedule, or the applicable hazardous constituent code number set out in column 1 of Schedule 6 for the hazardous constituent set out in column 2 of that Schedule,

    • (vi) 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 3 of Schedule 3,

      • (B) the applicable class set out in column 3 of Schedule 1 or the applicable primary class set out in column 2 of Schedule 3, and

      • (C) the applicable packing group or category set out in column 4 of Schedule 1,

    • (vii) the total quantity in kilograms or litres of each hazardous waste or hazardous recyclable material,

    • (viii) the applicable disposal or recycling code set out in column 1 of Schedule 1 or 2 for every applicable operation set out in column 2 of that Schedule, and the name and description of the processes to be employed with respect to those operations, and

    • (ix) 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 or hazardous recyclable material, if the concentration is equal to or greater than the concentration set out in column 3;

  • (k) in the case of an export, the options considered for reducing or phasing out the export of the hazardous waste and the reason that the final disposal is taking place outside Canada;

  • (l) distinct line item numbers for each hazardous waste or hazardous recyclable material;

  • (m) in the case of an export or import, a copy of the contract or series of contracts, excluding financial information, or the statement referred to in paragraph 9(f) or 16(e); and

  • (n) a statement signed and dated by the person submitting the notice indicating that

    • (i) in the case of an export or import, the contract or series of contracts referred to in paragraph 9(f) or 16(e) is in force,

    • (ii) in the case of hazardous waste or hazardous recyclable material that is exported or imported, if the hazardous waste cannot be disposed of, or the hazardous recyclable material cannot be recycled, in accordance with the export or import permit, the exporter or importer will implement the arrangements referred to in clause 9(p)(iii)(A) or (B) or (q)(iii)(A) or (B) or 16(o)(iii)(A) or (B) or (p)(iii)(A) or (B), as the case may be,

    • (iii) the insurance policy referred to in section 37 will cover the period referred to in that section, and

    • (iv) the information in the notice is complete and correct.

  • SOR/2012-99, s. 7;
  • SOR/2016-273, s. 7.
 
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