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

Regulations are current to 2019-05-07 and last amended on 2016-10-21. Previous Versions

Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

SOR/2005-149

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2005-05-17

Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

P.C. 2005-930 2005-05-17

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on March 20, 2004 a copy of the proposed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 191 of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations.

Definitions and Interpretation

Marginal note:Definition of hazardous waste

  •  (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.

  • SOR/2016-273, s. 1

Marginal note:Waste considered hazardous for export

 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.

  • SOR/2016-273, s. 2

Definition of hazardous recyclable material

  •  (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.

  • SOR/2016-273, s. 3

Marginal note:Recyclable material considered hazardous for export

 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.

  • SOR/2016-273, s. 4
 
Date modified: