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:Rail consist

 In the case of hazardous waste or hazardous recyclable material that is transported by rail, the movement document may be replaced by a rail consist if it contains all of the information contained in the movement document.

Marginal note:Unit of measure

 The exporter must ensure that the quantity of hazardous waste or hazardous recyclable material indicated in the movement document is in the same unit of measure as is used in the export permit.

Marginal note:Retention of movement document

 The exporter and every authorized carrier must keep a copy of the movement document at their principal place of business in Canada for a period of three years after the day on which the hazardous waste or hazardous recyclable material is exported.

PART 3Import

Department of National Defence Exemption

Marginal note:Exemption

 This Part does not apply to the Department of National Defence if the hazardous waste or hazardous recyclable material is

  • (a) generated by that Department in the course of an operation conducted by it outside Canada;

  • (b) transported from the site of operation to a defence establishment as defined in subsection 2(1) of the National Defence Act; and

  • (c) transported under the sole direction or control of the Minister of National Defence as described in section 1.20 of the Transportation of Dangerous Goods Regulations, as though the hazardous waste or hazardous recyclable material is a dangerous good under those Regulations.

Conditions

Marginal note:Conditions of import

 An importer may import hazardous waste or hazardous recyclable material if

  • (a) at the time of the import

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

    • (ii) the country of export is a party to the Convention or the Canada-USA Agreement or is subject to OECD Decision C(2001)107/Final, and

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

  • (b) 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 import is only for the purposes of disposal;

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

  • (d) the importer

    • (i) is the owner or operator of the authorized facility named in the import permit, or

    • (ii) buys and sells hazardous recyclable material for the purposes of recycling;

  • (e) there is a signed, written contract or a series of contracts among the importer, the foreign exporter 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 imported,

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

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

    • (v) requires the foreign exporter to complete Part A 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 export, authorizes the importer to complete Part A on the foreign exporter’s behalf, and

    • (vi) requires the foreign exporter

      • (A) to provide a copy of the movement document and a copy of the import permit to the first authorized carrier prior to the shipment of the hazardous waste or hazardous recyclable material,

      • (B) to provide a copy of the movement document to the importer once Part A has been completed by the foreign exporter, Part B has been completed by the first authorized carrier and the hazardous waste or hazardous recyclable material has been shipped, and

      • (C) to take all practicable measures to assist the importer to fulfil the importer’s obligations under clause (o)(iii)(A) or (B) or (p)(iii)(A) or (B);

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

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

  • (h) the 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;

  • (i) the hazardous waste or hazardous recyclable material is imported through the port of entry named in the import permit;

  • (j) the quantity of hazardous waste or hazardous recyclable material imported does not exceed the quantity set out in the import permit;

  • (k) a copy of the import permit and a copy of the movement document completed in accordance with sections 18 to 20

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

    • (ii) is provided by the importer or the authorized carrier to the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 12 of the Customs Act;

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

  • (m) 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;

  • (n) in the case of operations 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 laws of the jurisdiction in which the authorized facility is located requires shorter time periods, in which case those time periods apply;

  • (o) in the event that the hazardous waste or hazardous recyclable material is imported but is not accepted by the authorized facility named in the import permit, or if the authorized facility cannot, or refuses to, dispose of the waste or recycle the material in accordance with the permit, the importer

    • (i) immediately notifies the Minister and the foreign exporter 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 export,

      • (A) makes all necessary arrangements to dispose of the hazardous waste, or recycle the hazardous recyclable material, in Canada at an authorized facility other than the one named in the import 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 35, returns the hazardous waste or hazardous recyclable material to the facility from which it was imported, 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 authorities of the jurisdiction in which the authorized facility is located have approved its disposal or recycling at that authorized facility; and

  • (p) in the event that the hazardous waste or hazardous recyclable material is imported in accordance with the import permit but the Minister notifies the importer that the Minister does not accept it, the importer

    • (i) immediately notifies the foreign exporter 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 the Minister,

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

      • (A) makes all necessary arrangements to dispose of the hazardous waste, or recycle the hazardous recyclable material, in Canada at an authorized facility other than the one named in the import 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 35, returns the hazardous waste or hazardous recyclable material to the facility from which it was imported, 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 authorities of the jurisdiction in which the authorized facility is located have approved its disposal or recycling at that authorized facility.

  • SOR/2012-99, s. 9;
  • SOR/2016-273, s. 9.
 
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