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

Regulations are current to 2017-11-20 and last amended on 2016-10-21. Previous Versions

PART 2Export

Conditions

Marginal note:Conditions of export

 An exporter may export hazardous waste and hazardous recyclable material if

  • (a) at the time of the export

    • (i) the export is not prohibited under the laws of Canada,

    • (ii) the country of import is a party to the Convention or the Canada-USA Agreement or is subject to OECD Decision C(2001)107/Final and the import of the hazardous waste or hazardous recyclable material is not prohibited by that country, and

    • (iii) the country of transit does not prohibit the transit of the hazardous waste or hazardous recyclable material;

  • (b) the hazardous waste or hazardous recyclable material is not to be disposed of or recycled south of 60° south latitude;

  • (c) in the case of biomedical wastes set out in column 2 of Schedule 3 or anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations, the export is only for the purposes of disposal;

  • (d) the exporter is a resident of Canada or, in the case of a corporation, has a place of business in Canada;

  • (e) the exporter

    • (i) is the owner or operator of the facility from which the hazardous waste or hazardous recyclable material is exported, or

    • (ii) buys and sells hazardous recyclable material for the purposes of recycling and exports it to a country that is subject to OECD Decision C(2001)107/Final;

  • (f) there is a signed, written contract or a series of contracts among the exporter, the foreign receiver and the authorized facilities or, if any of those persons are the same legal entity, a written statement signed by that entity, that

    • (i) describes the hazardous waste or hazardous recyclable material,

    • (ii) sets out the quantity of hazardous waste or hazardous recyclable material to be exported,

    • (iii) indicates that the hazardous waste will be disposed of, or the hazardous recyclable material will be recycled, in accordance with the export permit,

    • (iv) describes the operation set out in Schedule 1 or 2 that will be used,

    • (v) requires the foreign receiver to complete Part C of the movement document or, if the waste or material is not defined as, or considered to be, hazardous under the legislation of the country of import, authorizes the exporter to complete Part C on the foreign receiver’s behalf, and

    • (vi) requires the foreign receiver

      • (A) to provide a copy of the movement document and a copy of the export permit to the exporter on delivery of the hazardous waste or hazardous recyclable material to the authorized facility,

      • (B) to complete the disposal of the hazardous waste or recycling of the hazardous recyclable material within the time set out in paragraph (o),

      • (C) to provide written confirmation to the exporter of the disposal of the hazardous waste or recycling of the hazardous recyclable material within 30 days after the day on which the disposal or recycling is completed, and

      • (D) to take all practicable measures to assist the exporter to fulfil the exporter’s obligations under clause (p)(iii)(A) or (B) or (q)(iii)(A) or (B);

  • (g) the exporter and the authorized carrier if other than Her Majesty in right of Canada or of a province are insured in accordance with section 37;

  • (h) the hazardous waste or hazardous recyclable material is transported by the authorized carriers named in the export permit;

  • (i) he applicable safety mark is displayed on each shipment of hazardous waste or hazardous recyclable material in accordance with Part 4 of the Transportation of Dangerous Goods Regulations;

  • (j) the hazardous waste or hazardous recyclable material is exported through the port of exit named in the export permit;

  • (k) the quantity of hazardous waste or hazardous recyclable material exported does not exceed the quantity set out in the export permit;

  • (l) a copy of the export permit and a copy of the movement document completed in accordance with sections 11 to 13

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

    • (ii) is provided by the exporter or the authorized carrier to the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 95 of the Customs Act;

  • (m) the hazardous waste is disposed of, or the hazardous recyclable material is recycled, at the authorized facility named in the export permit using the disposal or recycling operation set out in the export permit;

  • (n) after operation D13, D14 or D17 of Schedule 1 or operation R12, R13 or R16 of Schedule 2 is completed, the hazardous waste is disposed of, or the hazardous recyclable material is recycled, at an authorized facility using an operation set out in Schedule 1 or 2 other than operation D13, D14 or D17 or R12, R13 or R16;

  • (o) in the case of operation D13, D14 or D17 of Schedule 1 or operation R12, R13 or R16 of Schedule 2, the operation is completed within 180 days, or in all other cases, within one year, after the day on which the hazardous waste or hazardous recyclable material is accepted by the authorized facility, unless the authorities of the jurisdiction in which the authorized facility is located require shorter time periods, in which case those time periods apply;

  • (p) in the event that the hazardous waste or hazardous recyclable material is exported but is not accepted by the authorized facility named in the export permit, or if the authorized facility cannot, or refuses to, dispose of or recycle it in accordance with the export permit, the exporter

    • (i) immediately notifies the Minister and the foreign receiver of the situation and the reason for it,

    • (ii) if necessary, stores the hazardous waste or hazardous recyclable material in a facility that is authorized for that purpose by the authorities of the jurisdiction in which the facility is located,

    • (iii) within 90 days after the day on which the Minister is notified or within any other period of time that is agreed to by the Minister and the competent authority of the country of import,

      • (A) makes all necessary arrangements to dispose of the hazardous waste, or recycle the hazardous recyclable material, in the country of import at an authorized facility other than the one named in the export permit and provides the Minister with the name and address of, and the name of a contact person for, that authorized facility, or

      • (B) in accordance with section 34, returns the hazardous waste or hazardous recyclable material to the facility in Canada from which it was exported, and

    • (iv) before shipping the hazardous waste or hazardous recyclable material to the authorized facility referred to in clause (iii)(A), receives confirmation from the Minister that the competent authority of the country of import has approved its disposal or recycling at that authorized facility; and

  • (q) in the event that the hazardous waste or hazardous recyclable material is exported in accordance with the export permit but is not accepted by the competent authority of the country of import or of a country of transit, the exporter

    • (i) immediately notifies the Minister and the foreign receiver of the situation and the reason for it,

    • (ii) if necessary, stores the hazardous waste or hazardous recyclable material in a facility that is identified for that purpose by that competent authority,

    • (iii) within 90 days after the day on which the Minister is notified or within any other period of time that is agreed to by the Minister and that competent authority,

      • (A) makes all necessary arrangements to dispose of the hazardous waste, or recycle the hazardous recyclable material, in the country that did not accept it at an authorized facility other than the one named in the export permit and provides the Minister with the name and address of, and the name of a contact person for, that authorized facility, or

      • (B) in accordance with section 34, returns the hazardous waste or hazardous recyclable material to the facility in Canada from which it was exported, and

    • (iv) before shipping the hazardous waste or hazardous recyclable material to the authorized facility referred to in clause (iii)(A), receives confirmation from the Minister that the competent authority of the country that did not accept it has approved its disposal or recycling at that authorized facility.

  • SOR/2012-99, s. 8;
  • SOR/2016-273, s. 8.

Movement Document

Marginal note:Movement document reference number

 The Minister shall provide a movement document reference number to an exporter who requests one for the purpose of completing a movement document.

Marginal note:Exporter
  •  (1) Prior to shipping the hazardous waste or hazardous recyclable material, the exporter must complete Part A of a movement document, indicate the movement document reference number and provide a copy of the movement document and a copy of the export permit to the first authorized carrier.

  • Marginal note:First authorized carrier

    (2) Immediately on receipt of the movement document, the first authorized carrier must complete Part B of the movement document and provide a copy to the exporter.

  • Marginal note:Copy of movement document

    (3) Within three working days after the day on which the hazardous waste or hazardous recyclable material is shipped, the exporter must send a copy of the movement document completed in accordance with subsections (1) and (2) to

    • (a) the Minister; and

    • (b) the authorities of the province of export, if they ask for it.

  • Marginal note:Authorized carriers

    (4) Every authorized carrier that transports the hazardous waste or hazardous recyclable material must complete Part B of the movement document and provide it and a copy of the export permit to the next authorized carrier or the foreign receiver, as the case may be, on delivery of the waste or material to that carrier or the foreign receiver.

  • Marginal note:Exporter

    (5) The exporter must ensure that

    • (a) every authorized carrier that transports the hazardous waste or hazardous recyclable material completes Part B of the movement document; and

    • (b) the foreign receiver completes Part C of the movement document, unless the exporter is authorized to do so on the foreign receiver’s behalf under the contract referred to in paragraph 9(f).

  • Marginal note:Copy of movement document

    (6) Within three working days after the day on which the hazardous waste or hazardous recyclable material is delivered to the authorized facility, the exporter must send a copy of the completed movement document to

    • (a) the Minister;

    • (b) the authorities of the province of export, if they ask for it; and

    • (c) every authorized carrier of the hazardous waste or hazardous recyclable material.

  • SOR/2012-99, s. 19.
 
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