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

Regulations are current to 2017-09-27 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:Retention of movement document

 The exporter, the importer 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 imported.

PART 5Returns

Application

Marginal note:Returns

 This Part applies to the return of hazardous waste or hazardous recyclable material to

  • (a) Canada after it has been exported from Canada; and

  • (b) the country of export after it has been imported into Canada.

Returns to Canada

Marginal note:Notice
  •  (1) If the hazardous waste or hazardous recyclable material is returned to Canada, the exporter that exported the waste or material from Canada must submit a notice to the Minister in writing, containing the following information:

    • (a) the name, civic and mailing addresses, telephone number and, if applicable, electronic address and facsimile number of, and the name of the contact person for, the exporter, the foreign receiver and any authorized carriers that were not named in the original export permit;

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

    • (c) the reason for the return;

    • (d) the quantity of hazardous waste or hazardous recyclable material that will be returned using the same unit of measure as in the original export permit;

    • (e) if the quantity of hazardous waste or hazardous recyclable material to be returned is less than the quantity of waste or material exported from Canada, the reason for the difference;

    • (f) the port of entry through which the return will take place and the customs office at which the hazardous waste or hazardous recyclable material will be reported;

    • (g) the notice reference number contained in the original export permit; and

    • (h) the line item number contained in the original export permit for the hazardous waste or hazardous recyclable material that will be returned.

  • Marginal note:Exporter

    (2) After an import permit is issued, the exporter must

    • (a) return the hazardous waste or hazardous recyclable material to the facility from which it was exported, using the authorized carriers and the port of entry named in the import permit;

    • (b) ensure that a copy of the import permit and a copy of the movement document with Parts A and B completed, clearly indicating that the hazardous waste or hazardous recyclable material is being returned to Canada,

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

      • (ii) is deposited at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 12 of the Customs Act; and

    • (c) submit a copy of the movement document referred to in paragraph (b) to the Minister, every authorized carrier and if they ask for it, to the authorities of the province of export.

  • SOR/2012-99, ss. 11, 19.

Returns to the Country of Export

Marginal note:Notice — returns to country of export
  •  (1) If the hazardous waste or hazardous recyclable material is returned to the country of export, the importer that imported the waste or material into Canada must submit a notice to the Minister in writing, containing the following information:

    • (a) the name, civic and mailing addresses, telephone number and, if applicable, electronic address and facsimile number of, and the name of the contact person for, the importer, the foreign exporter and any authorized carriers that were not named in the original import permit;

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

    • (c) the reason for the return;

    • (d) the quantity of hazardous waste or hazardous recyclable material that will be returned using the same unit of measure as in the original import permit;

    • (e) if the quantity of hazardous waste or hazardous recyclable material to be returned is less than the quantity of waste or material imported into Canada, the reason for the difference;

    • (f) the port of entry through which the return will take place and the customs office at which the hazardous waste or hazardous recyclable material will be reported;

    • (g) the notice reference number contained in the original import permit for the import of the hazardous waste or hazardous recyclable material into Canada; and

    • (h) the line item number contained in the original import permit for the hazardous waste or hazardous recyclable material that will be returned.

  • Marginal note:Importer’s obligations

    (2) After an export permit is issued, the importer must

    • (a) return the hazardous waste or hazardous recyclable material to the facility from which it was imported, using the authorized carriers and the port of exit named in the export permit;

    • (b) ensure that a copy of the export permit and a copy of the movement document with Parts B and C completed, clearly indicating that the hazardous waste or hazardous recyclable material is being returned to the country of export,

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

      • (ii) is deposited at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 95 of the Customs Act; and

    • (c) submit a copy of the movement document referred to in paragraph (b) to the Minister, every authorized carrier and if they ask for it, the authorities of the province of import.

  • SOR/2012-99, ss. 12, 19.

PART 6Miscellaneous Matters

Confirmation of Disposal or Recycling

Marginal note:Confirmation
  •  (1) Within 30 days after the day on which the disposal of the hazardous waste or recycling of the hazardous recyclable material is completed, the exporter or importer must provide the Minister with a written, dated and signed confirmation indicating that the waste has been disposed of or the material has been recycled

    • (a) in accordance with the export or import permit;

    • (b) in a manner that protects the environment and human health against the adverse effects that may result from the waste or material; and

    • (c) within the period referred to in paragraph 9(o) or 16(n).

  • Marginal note:Mandatory reference

    (2) The exporter or importer must include the movement document reference number and line item number for the applicable hazardous waste or hazardous recyclable material referred to in subsection (1) in the confirmation.

  • Marginal note:Retention of confirmation

    (3) The exporter or importer must keep a copy of the confirmation at their principal place of business in Canada for a period of three years after the day on which it is submitted to the Minister.

  • SOR/2012-99, s. 13(F).

Liability Insurance

Marginal note:Coverage
  •  (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.

  • Marginal note:Amount

    (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.

 
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