Definitions and Interpretation

Marginal note:Definition of hazardous waste

• 1 (1) For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous waste means anything that is to be disposed of using one of the operations set out in Schedule 1 and that

  • (a) is set out in column 2 of Schedule 3;

  • (b) is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;

  • (c) is set out in column 2 of Schedule 4 and is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;

  • (d) is set out in column 1 of Schedule 5 in a concentration equal to or greater than the applicable concentration set out in column 2 of that Schedule;

  • (e) produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental Protection Agency, which, for the purposes of this definition, shall be read without reference to section 7.1.3; or

  • (f) is set out in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused.

  • (g) [Repealed, SOR/2016-273, s. 1]

• Marginal note:Exclusion

  (2) The definition hazardous waste in subsection (1) does not include anything that is

  • (a) exported, imported or conveyed in transit in a quantity of less than 5 kg or 5 L per shipment or, in the case of mercury, in a quantity of less than 50 mL per shipment, other than anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations;

  • (b) collected from households in the course of regular municipal waste collection services; or

  • (c) part of the exporter’s or importer’s personal effects or household effects not resulting from commercial use.

Marginal note:Waste considered hazardous for export

1.1 Anything that is to be disposed of using one of the operations set out in Schedule 1, even if it is not hazardous waste within the meaning of subsection 1(1), is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations if it is to be exported to a country of import or conveyed in transit through a country and

• (a) it is defined as, or considered to be, hazardous under the legislation of the country of import or a country of transit;

• (b) its importation is prohibited under the legislation of the country of import; or

• (c) it is one of the hazardous wastes referred to in Article 1, subparagraph 1(a) of the Convention or one of the other wastes referred to in Article 1, paragraph 2 of the Convention — as amended from time to time, to the extent that the amendments are binding on Canada — and the country of import is a party to the Convention.

Definition of hazardous recyclable material

• 2 (1) For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous recyclable material means anything that is to be recycled using one of the operations set out in Schedule 2 and that

  • (a) is set out in column 2 of Schedule 3;

  • (b) is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;

  • (c) is set out in column 2 of Schedule 4 and is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;

  • (d) is set out in column 1 of Schedule 5 in a concentration equal to or greater than the applicable concentration set out in column 2 of that Schedule;

  • (e) produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental Protection Agency, which, for the purposes of this definition, shall be read without reference to section 7.1.3; or

  • (f) is set out in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused.

  • (g) [Repealed, SOR/2016-273, s. 3]

• Marginal note:Exclusion

  (2) The definition hazardous recyclable material in subsection (1) does not include anything that is

  • (a) exported, imported or conveyed in transit in a quantity of less than 5 kg or 5 L per shipment or, in the case of mercury, in a quantity of less than 50 mL per shipment, other than anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations;

  • (b) collected from households in the course of regular municipal waste collection services;

  • (c) part of the exporter’s or importer’s personal effects or household effects not resulting from commercial use;

  • (d) exported to, imported from or conveyed in transit through a country that is subject to OECD Decision C(2001)107/Final and that

    • (i) is in a quantity of 25 kg or 25 L or less,

    • (ii) is exported or imported for the purpose of conducting measurements, tests or research with respect to the recycling of that material,

    • (iii) is accompanied by a shipping document, as defined in section 1.4 of the Transportation of Dangerous Goods Regulations, that includes the name and address of the exporter or importer and the words “test samples” or “échantillons d’épreuve”, and

    • (iv) is not and does not contain an infectious substance as defined in section 1.4 of the Transportation of Dangerous Goods Regulations; or

  • (e) exported to, imported from or conveyed in transit through a country that is subject to OECD Decision C(2001)107/Final and that

    • (i) is set out in Schedule 8,

    • (ii) produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental Protection Agency, which, for the purposes of this definition, shall be read without reference to section 7.1.3, and

    • (iii) is to be recycled at an authorized facility in the country of import using one of the operations set out in Schedule 2.

Marginal note:Recyclable material considered hazardous for export

2.1 Anything that is to be recycled using one of the operations set out in Schedule 2, even if it is not hazardous recyclable material within the meaning of subsection 2(1), is considered to be hazardous recyclable material for the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations if it is to be exported to a country of import or conveyed in transit through a country and

• (a) it is defined as, or considered to be, hazardous under the legislation of the country of import or a country of transit;

• (b) its importation is prohibited under the legislation of the country of import; or

• (c) it is one of the hazardous wastes referred to in Article 1, subparagraph 1(a) of the Convention or one of the other wastes referred to in Article 1, paragraph 2 of the Convention — as amended from time to time, to the extent that the amendments are binding on Canada — and the country of import is a party to the Convention.

Marginal note:Transportation of Dangerous Goods Regulations

3 For the purposes of sections 1 and 2, references to the Transportation of Dangerous Goods Regulations shall be read as follows:

• (a) the reference to “public safety” in subparagraph 2.43(b)(i) shall be read as a reference to “the environment and human health”; and

• (b) subparagraph 2.43(b)(i) shall be read without reference to “during transport”.

Marginal note:Definitions

4 The following definitions apply in Division 8 of Part 7 of the Act and in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

authorities of the country

authorities of the country[Repealed, SOR/2016-273, s. 5]

authorized carrier

authorized carrier means a carrier that is authorized by the authorities of the jurisdiction in which the waste or material is transported, to transport the hazardous waste or hazardous recyclable material that is to be exported, imported or conveyed in transit. (transporteur agréé)

authorized facility

authorized facility means a facility that is authorized by the authorities of the jurisdiction in which the facility is located to

• (a) dispose of the hazardous waste being exported or imported using an operation set out in Schedule 1; or

• (b) recycle the hazardous recyclable material being exported or imported using an operation set out in Schedule 2. (installation agréée)

Canada-USA Agreement

Canada-USA Agreement means the Agreement between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste, which entered into force on November 8, 1986, as amended from time to time. (accord Canada-États-Unis)

competent authority

competent authority means, in the case of a country that is a party to the Convention or is subject to OECD Decision C(2001)107/Final, the authority that is designated as the competent authority by that country under the Convention or under OECD Decision C(2001)107/Final, as the case may be, and, in the case of the United States, the United States Environmental Protection Agency. (autorité compétente)

Convention

Convention means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which entered into force on May 5, 1992. (Convention)

foreign exporter

foreign exporter means the person who exports hazardous waste or hazardous recyclable material from a country other than Canada. (expéditeur étranger)

foreign receiver

foreign receiver means the person who imports hazardous waste or hazardous recyclable material into a country other than Canada. (destinataire étranger)

movement document

movement document means the form set out in Schedule 9. (document de mouvement)

notice

notice means the notice of export, import or transit referred to in paragraph 185(1)(a) of the Act. (notification)

OECD Decision C(94)152/Final

OECD Decision C(94)152/Final means Decision C(88)90/Final of the Organization for Economic Co-operation and Development, Decision of the Council on Transfrontier Movements of Hazardous Wastes, dated May 27, 1988, as amended by Decision C(94)152/Final, Decision of the Council Amending the Decision on Transfrontier Movements of Hazardous Wastes, dated July 28, 1994. (décision C(94)152/Final de l’OCDE)

OECD Decision C(2001)107/Final

OECD Decision C(2001)107/Final means Decision C(2001)107/Final of the Organization for Economic Co-operation and Development, Decision of the Council Concerning the Revision of Decision C(92)39/FINAL on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, dated May 21, 2002. (décision C(2001)107/Final de l’OCDE)

permit

permit means the export, import or transit permit referred to in paragraph 185(1)(b) of the Act. (permis)

registration number

registration number means the number assigned by a province or country indicating the authority to undertake an activity with respect to a hazardous waste or hazardous recyclable material. (numéro d’immatriculation)

PART 1Notice

Application

Marginal note:Application

5 This Part applies to the export, import and transit of hazardous waste and hazardous recyclable material other than returns of that waste or material under Part 5.

Notice Procedure

Marginal note:Notice reference number

6 The Minister shall provide a notice reference number to any person who requests one for the purpose of submitting a notice.

Marginal note:Delivery of notice

• 7 (1) The person that proposes to export, import or convey in transit a hazardous waste or hazardous recyclable material must submit a notice to the Minister in writing within 12 months before the export, import or transit.

• Marginal note:Separate notices

  (2) In the case of an export or import, the notice must not include both hazardous waste and hazardous recyclable material.

• Marginal note:Notice for multiple hazardous wastes or hazardous recyclable materials

  (3) The notice may provide for more than one hazardous waste or more than one hazardous recyclable material, as the case may be, if they

  • (a) are to be shipped

    • (i) to the same authorized facility at the same location,

    • (ii) through the same port of exit or the same port of entry, and

    • (iii) within the same 12-month period;

  • (b) are to be reported to the same customs office;

  • (c) originate from the same person and the same facility; and

  • (d) in the case of an export or import, have essentially the same physical and chemical characteristics.

• Marginal note:Language

  (4) In the case of an export or a transit, if English or French is not a language used by the competent authority of the country of import or transit, the notice must be submitted in English or French and in a language used by that competent authority.

• Marginal note:Application for permit

  (5) The notice shall serve as an application for a permit.

• Marginal note:New notice

  (6) A person must submit a new notice to the Minister if there is a change to any of the information contained in the permit, except that the person who submitted the notice may advise the Minister in writing of a change to quantity of hazardous waste or hazardous recyclable material or the number of shipments, or may add authorized carriers, ports of exit or entry or customs offices.

Content of Notice

Marginal note:Content

8 The person who submits the notice must include the following information in the notice:

• (a) the notice reference number provided by the Minister under section 6;

• (b) the name, registration number, civic and mailing addresses, telephone number and, if applicable, electronic address and facsimile number of, and the name of the contact person for,

  • (i) the person submitting the notice,

  • (ii) the foreign receiver or the foreign exporter, as the case may be,

  • (iii) the facility from which the hazardous waste or hazardous recyclable material will be shipped,

  • (iv) the authorized carriers that will transport the hazardous waste or hazardous recyclable material, and

  • (v) all authorized facilities that will receive the hazardous waste or hazardous recyclable material;

• (c) all modes of transport that will be used;

• (d) the proposed number of shipments;

• (e) the port of exit or the port of entry through which the export or import will take place, as the case may be and, in the case of a transit, the port of exit and entry through which the transit will take place;

• (f) the customs office at which the hazardous waste or hazardous recyclable material is to be reported, if applicable;

• (g) the proposed date of the first and last shipments or, in the case of a transit, the proposed dates of entry of the first shipment and exit of the last shipment;

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

• (i) the countries of transit through which the hazardous waste or hazardous recyclable material will be conveyed and the length of time it will be in each country of transit;

• (j) the following information with respect to each hazardous waste or hazardous recyclable material, namely,

  • (i) the International Waste Identification Code under OECD Decision C(94)152/Final,

    • (A) with the disposal or recycling code in the International Waste Identification Code replaced by the disposal or recycling code set out in column 1 of Schedule 1 or 2 to these Regulations for the applicable operation set out in column 2 of that Schedule, and

    • (B) with the letter L (liquid), P (sludge) or S (solid) in the International Waste Identification Code replaced by the letter G if the hazardous waste or hazardous recyclable material is a gas,

  • (i.1) every applicable code set out in Annex I or II of the Convention — as amended from time to time, to the extent that the amendments are binding on Canada — added at the end of the International Waste Identification Code,

  • (ii) the applicable code set out in List A of Annex VIII to the Convention, as amended from time to time, to the extent that the amendments are binding on Canada,

  • (iii) for hazardous recyclable material that will be exported to, imported from or conveyed in transit through a country that is subject to OECD Decision C(2001)107/Final, the applicable code set out in Part II of Appendix 4 to that Decision, as amended from time to time, to the extent that the amendments are binding on Canada,

  • (iv) the tariff item and the statistical suffix set out in the Customs Tariff Departmental Consolidation, published by the Canada Border Services Agency, as amended from time to time,

  • (v) the applicable identification number set out in column 1 of Schedule 3, 4 or 7 for the hazardous waste or hazardous recyclable material set out in column 2 of that Schedule, or the applicable hazardous constituent code number set out in column 1 of Schedule 6 for the hazardous constituent set out in column 2 of that Schedule,

  • (vi) 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 3 of Schedule 3,

    • (B) the applicable class set out in column 3 of Schedule 1 or the applicable primary class set out in column 2 of Schedule 3, and

    • (C) the applicable packing group or category set out in column 4 of Schedule 1,

  • (vii) the total quantity in kilograms or litres of each hazardous waste or hazardous recyclable material,

  • (viii) the applicable disposal or recycling code set out in column 1 of Schedule 1 or 2 for every applicable operation set out in column 2 of that Schedule, and the name and description of the processes to be employed with respect to those operations, and

  • (ix) 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 or hazardous recyclable material, if the concentration is equal to or greater than the concentration set out in column 3;

• (k) in the case of an export, the options considered for reducing or phasing out the export of the hazardous waste and the reason that the final disposal is taking place outside Canada;

• (l) distinct line item numbers for each hazardous waste or hazardous recyclable material;

• (m) in the case of an export or import, a copy of the contract or series of contracts, excluding financial information, or the statement referred to in paragraph 9(f) or 16(e); and

• (n) a statement signed and dated by the person submitting the notice indicating that

  • (i) in the case of an export or import, the contract or series of contracts referred to in paragraph 9(f) or 16(e) is in force,

  • (ii) in the case of hazardous waste or hazardous recyclable material that is exported or imported, if the hazardous waste cannot be disposed of, or the hazardous recyclable material cannot be recycled, in accordance with the export or import permit, the exporter or importer will implement the arrangements referred to in clause 9(p)(iii)(A) or (B) or (q)(iii)(A) or (B) or 16(o)(iii)(A) or (B) or (p)(iii)(A) or (B), as the case may be,

  • (iii) the insurance policy referred to in section 37 will cover the period referred to in that section, and

  • (iv) the information in the notice is complete and correct.

PART 2Export

Conditions

Marginal note:Conditions of export

9 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.

Movement Document

Marginal note:Movement document reference number

10 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

• 11 (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.

Marginal note:Rail consist

12 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

13 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

14 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

15 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

16 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.

Movement Document

Marginal note:Movement document reference number

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

Marginal note:Importer — prior to import

• 18 (1) Prior to importing the hazardous waste or hazardous recyclable material, the importer shall provide the foreign exporter with a copy of the movement document indicating the movement document reference number and a copy of the import permit.

• Marginal note:Importer — at time of import

  (2) At the time of the import of the hazardous waste or hazardous recyclable material, the importer must ensure that

  • (a) the foreign exporter has completed Part A of the movement document unless the importer is authorized to do so on the foreign exporter’s behalf under the contract referred to in paragraph 16(e);

  • (b) the foreign exporter has provided a copy of the movement document and a copy of the import permit to the first authorized carrier; and

  • (c) the first authorized carrier has completed Part B of the movement document and has provided a copy to the foreign exporter.

• Marginal note:Copy of movement document

  (3) Within three working days after the day on which the importer receives a copy of the movement document with Parts A and B completed in accordance with subsection (2), the importer must send a copy of it to

  • (a) the Minister; and

  • (b) the authorities of the province of import, 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 import permit to the next authorized carrier or the importer, as the case may be, on delivery of the waste or material to that carrier or the importer.

• Marginal note:Importer

  (5) The importer must ensure that every authorized carrier that transports the hazardous waste or hazardous recyclable material completes Part B of the movement document.

• 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 importer must complete Part C of the movement document and must send a copy of the completed movement document to

  • (a) the Minister;

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

  • (c) the foreign exporter; and

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

Marginal note:Rail consist

19 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

20 The importer 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 import permit.

Marginal note:Retention of movement document

21 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 date of import.

PART 4Transit

Conditions

Marginal note:Conditions of transit

22 A person may convey hazardous waste or hazardous recyclable material in transit if

• (a) at the time of transit, the export or import of the hazardous waste or hazardous recyclable material is not prohibited under the laws of Canada or the laws of the country of transit;

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

• (c) 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;

• (d) the hazardous waste or hazardous recyclable material is exported and imported through the port of entry and port of exit named in the transit permit;

• (e) the quantity of hazardous waste or hazardous recyclable material conveyed in transit does not exceed the quantity set out in the transit permit;

• (f) in the case of a transit through Canada, the authorized carrier if other than Her Majesty in right of Canada or of a province is insured in accordance with section 37;

• (g) in the case of a transit through a country other than Canada, the exporter and importer if other than Her Majesty in right of Canada or of a province are insured in accordance with section 37;

• (h) in the case of a transit through Canada, the country of export has provided the Minister with written confirmation that the country of import and any countries through which the hazardous waste or hazardous recyclable material will be transited after it has left Canada, has consented to the proposed import into or transit through that country; and

• (i) a copy of the transit permit and a copy of the movement document completed in accordance with sections 25 and 26, or 30 and 31, as the case may be,

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

  • (ii) is provided by the exporter, importer or authorized carrier to the customs office at which the hazardous waste or hazardous recyclable material is to be reported under sections 12 and 95 of the Customs Act.

Movement Document — Transits Through Canada

Marginal note:Application

23 Sections 24 to 27 apply to the transit of hazardous waste and hazardous recyclable material through Canada.

Marginal note:Movement document reference number

24 The Minister shall provide a movement document reference number to any person who requests one for the purpose of completing a movement document.

Marginal note:Authorized carrier

• 25 (1) At the time the hazardous waste or hazardous recyclable material enters Canada, the authorized carrier must ensure that the foreign exporter has completed Part A of a movement document and that the movement document reference number provided by the Minister is indicated on the movement document.

• Marginal note:Authorized carriers

  (2) 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 transit permit to the next authorized carrier on delivery of the waste or material to that carrier.

• Marginal note:Copy of movement document

  (3) Within three working days after the day on which the hazardous waste or hazardous recyclable material exits Canada, the authorized carrier that transports the waste or material out of Canada must send a copy of the movement document completed in accordance with subsections (1) and (2) to the Minister.

Marginal note:Rail consist

26 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

27 If the authorized carrier has a place of business in Canada, the 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 exits Canada.

Movement Document — Transits Through a Country Other than Canada

Marginal note:Application

28 Sections 29 to 32 apply to the transit of hazardous waste and hazardous recyclable material where Canada is the country of origin and the country of destination.

Marginal note:Movement document reference number

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

Marginal note:Exporter

• 30 (1) At the time the hazardous waste or hazardous recyclable material exits Canada, the exporter must complete Part A of a movement document, indicate the movement document reference number provided by the Minister and provide a copy of the movement document and a copy of the transit 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 exits Canada, 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:Other 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 transit permit on delivery of the waste or material to the next carrier or the importer, as the case may be.

• Marginal note:Exporter

  (5) The exporter must ensure that Part B of the movement document is completed by every authorized carrier that transports the hazardous waste or hazardous recyclable material.

• 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 importer must complete Part C of the movement document and must send a copy of the completed movement document to

  • (a) the Minister;

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

  • (c) the exporter; and

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

Marginal note:Rail consist

31 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

32 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

33 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

• 34 (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.

Returns to the Country of Export

Marginal note:Notice — returns to country of export

• 35 (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.

PART 6Miscellaneous Matters

Confirmation of Disposal or Recycling

Marginal note:Confirmation

• 36 (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.

Liability Insurance

Marginal note:Coverage

• 37 (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.

Export Reduction Plans

Marginal note:Content of plan

• 38 (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,

      • (A) with the disposal code in the International Waste Identification Code replaced by 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

      • (B) with the letter L (liquid), P (sludge) or S (solid) in the International Waste Identification Code replaced by the letter G if the hazardous waste is a gas,

    • (i.1) every applicable code set out in Annex I of the Convention — as amended from time to time, to the extent that the amendments are binding on Canada — added at the end of the International Waste Identification Code,

    • (ii) the applicable code set out in List A of Annex VIII to the Convention, as amended from time to time, to the extent that the amendments are binding on Canada,

    • (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 3 of Schedule 3,

      • (B) the applicable class set out in column 3 of Schedule 1 or the applicable primary class set out in column 2 of Schedule 3, and

      • (C) the applicable packing group or category 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 of it 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.

Environmentally Sound Management

Marginal note:Refusal to issue permit

39 If the Minister is of the opinion that the hazardous waste or hazardous recyclable material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may, in accordance with subsection 185(2) of the Act, refuse to issue a permit taking into account the following criteria:

• (a) the implementation of an environmental management system at the authorized facility that includes

  • (i) procedures for ensuring the protection of the environment and human health against the adverse effects that may result from the disposal of the hazardous waste or the recycling of the hazardous recyclable material including measures for monitoring the efficiency of the procedures and modifying them in the event that they do not protect the environment and human health,

  • (ii) measures to monitor and ensure compliance with applicable laws with respect to the protection of the environment and human health, and

  • (iii) a certification that the system includes those procedures and measures;

• (b) the implementation of a plan at the authorized facility to prevent, prepare for and respond to an uncontrolled, unplanned or accidental release of hazardous waste or hazardous recyclable material; and

• (c) the existence of prohibitions or conditions relating to the disposal of hazardous waste or the recycling of hazardous recyclable material in Canada or abroad.

Consequential Amendment

Marginal note:Consequential amendment

40 [Amendment]

Repeal

Marginal note:Repeal

41 [Repeal]

Coming into Force

Marginal note:Coming into Force

42 These Regulations come into force on November 1, 2005.

SCHEDULE 9(Section 4)