Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

Definition of hazardous recyclable material

• 2 (1) In Division 8 of Part 7 and Part 10 of the Act and in these Regulations, hazardous recyclable material means anything that is intended 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;

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

  • (g) according to information that Canada has received from the United States or in accordance with the Convention, is considered or defined as hazardous under the legislation of the country receiving it and is prohibited by that country from being imported or conveyed in transit.

• 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 a party 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 a party 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 intended to be recycled at an authorized facility in the country of import using one of the operations set out in Schedule 2.