Export of Substances on the Export Control List Regulations (SOR/2013-88)

Liability Insurance

Marginal note:Amount

20 The exporter must have liability insurance in an amount of not less than $5,000,000 for each export in respect of

• (a) any damages arising from the export for which the exporter could become liable; and

• (b) any costs that could be imposed on the exporter under the applicable laws for cleaning up the environment as a result of the substance being released into the environment during export.

Labelling

Marginal note:Information to appear on label

• 21 (1) An exporter must affix to any container in which a substance is exported a label that includes the following information in both official languages and, as far as practicable, at least one of the official languages of the country of destination:

  • (a) the name of the substance as it appears on the Export Control List and the commodity code of the substance as it is identified in the Harmonized Commodity Description and Coding System;

  • (b) a description of the hazards to the environment or human health that can arise from the nature of the substance or, if applicable, the product that contains it; and

  • (c) the precautionary measures to be followed when handling, using or being exposed to the substance or, if applicable, the product that contains it, and the first aid measures to be administered in case of exposure.

• Marginal note:Bulk shipment

  (2) In the case of a bulk shipment, the exporter must either affix a label in accordance with subsection (1) or include with each shipment a label or a document that contains the information required to be included on the label.

• Marginal note:Definition of bulk shipment

  (3) For the purposes of subsection (2), bulk shipment means the shipment of a substance without any packaging or containment other than containment in

  • (a) a vessel having a water capacity of more than 454 L;

  • (b) a freight container or a portable tank;

  • (c) a road vehicle or a railway vehicle; or

  • (d) the hold of a ship.

Safety Data Sheet

Marginal note:Information required

22 The exporter must include with each export of the substance, in both official languages and, as far as practicable, at least one of the official languages of the country of destination, a safety data sheet as defined in section 2 of the Hazardous Products Act that meets the requirements of the Hazardous Products Regulations in respect of the substance or, if applicable, the product that contains it.

Conditions Relative to the Minamata Convention

Marginal note:Restrictions

23 A person that has provided a notice of proposed export under subsection 101(1) of the Act may export a mixture that contains elemental mercury (CAS 7439-97-6) at a concentration of 95% or more by weight only if the mixture

• (a) is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations;

• (b) is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard, if the total quantity exported by the exporter during the calendar year in question does not exceed 10 kg; or

• (c) is contained in a manufactured item that during manufacture is formed into a specific physical shape or design and has for its final use a function or functions wholly or partly dependent on its shape or design.

24 [Repealed, SOR/2017-11, s. 16]

25 [Repealed, SOR/2017-11, s. 16]

26 [Repealed, SOR/2017-11, s. 16]