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Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

Version of section 38 from 2006-03-22 to 2012-05-03:


Marginal note:Content of plan

  •  (1) The plan referred to in subsection 188(1) of the Act must contain

    • (a) the following information with respect to the hazardous waste to which the plan applies, namely,

      • (i) the International Waste Identification Code under OECD Decision C(94)152/Final, substituting the disposal code with the disposal code set out in column 1 of Schedule 1 to these Regulations for the applicable operation set out in column 2 of that Schedule and, if the hazardous waste is a gas, substituting the letter G for the letter L, P or S in the International Waste Identification Code,

      • (ii) the applicable code set out in List A of Annex VIII to the Convention,

      • (iii) the identification number set out in column 1 of Schedule 3, 4 or 7, and

      • (iv) 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 5 of Schedule 3,

        • (B) the applicable class set out in column 3 of Schedule 1 or the primary class set out in column 4 of Schedule 3, and

        • (C) the applicable packing group and risk group set out in column 4 of Schedule 1;

    • (b) 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 referred to in the plan;

    • (c) if the exporter generates the hazardous waste referred to in the plan, the name and a description of the process that generated the waste and the activity in which that process is used;

    • (d) the origin of the hazardous waste if the exporter does not generate the waste referred to in the plan;

    • (e) the quantity of hazardous waste exported at the start of the implementation of the plan and the quantity of export reduction to be achieved at each stage of the plan;

    • (f) a description of the manner in which the exporter will reduce or phase out exports of the hazardous waste referred to in the plan;

    • (g) the options considered for reducing or phasing out the export of the hazardous waste referred to in the plan, including options for disposing or recycling it in Canada;

    • (h) the stages of the plan and a schedule for implementing the plan; and

    • (i) for each stage of the plan, an estimate of the quantity of goods produced that generates the hazardous waste to which the plan applies and a description of the impact of any changes to the quantity produced on the reduction or phasing out of exports of that waste.

  • Marginal note:Retention of plan

    (2) A person who submits a plan to the Minister must keep a copy of the plan at their principal place of business in Canada for a period of five years after the day on which the plan is submitted.


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