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

Regulations are current to 2019-05-22 and last amended on 2017-02-03. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2018-196, s. 28

    • 28 Section 1 of the Export of Substances on the Export Control List RegulationsFootnote 2 is amended by adding the following in alphabetical order:

      asbestos

      asbestos means the forms of asbestos specified in the Export Control List. (amiante)

  • — SOR/2018-196, s. 29

    • 29 Section 2 of the Regulations is replaced by the following:

      • Purpose

        2 The purpose of these Regulations is to prohibit the export of substances specified in the Export Control List, or to establish regulatory conditions applicable to the export of those substances, and to implement the Stockholm Convention, Rotterdam Convention and Minamata Convention in relation to the export of those substances.

  • — SOR/2018-196, s. 30

    • 30 Section 3 of the Regulations is replaced by the following:

      • Notice
        • 3 (1) These Regulations set out the content of the notice of proposed export that is required under subsection 101(1) of the Act for substances specified in the Export Control List and the period within which and manner in which the notice must be provided.

        • Conditions of export

          (2) These Regulations also set out

          • (a) for the purposes of subsections 101(2) and (3) of the Act, the conditions applicable to the export of a substance that is specified in the Export Control List to a Rotterdam Party;

          • (b) for the purposes of subsection 101(3) of the Act, the conditions applicable to the export of a substance that is specified in Part 2 or 3 of the Export Control List; and

          • (c) for the purposes of subsection 101(4) of the Act, the relevant prohibitions of the export of a substance that is specified in the Export Control List.

  • — SOR/2018-196, s. 31

    • 31 Paragraph 5(1)(a) of the Regulations is replaced by the following:

      • (a) if the person holds a permit to export the substance issued under paragraph 185(1)(b) of the Act, seven days before the export; or

  • — SOR/2018-196, s. 32

    • 32 The Regulations are amended by adding the following after section 5:

      Export of Asbestos

      • Prohibition

        5.1 Subject to sections 5.2 and 5.3, a person must not export asbestos, whether or not it is contained in a product.

      • Exceptions

        5.2 A person that has provided a notice of proposed export under subsection 101(1) of the Act may export asbestos in the following circumstances:

        • (a) the asbestos is, or is contained in, hazardous waste or hazardous recyclable material the export of which is regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;

        • (b) the asbestos is contained in a product that is a personal or household effect intended for the person’s personal use; and

        • (c) the asbestos is contained in military equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations.

      • Regulated export
        • 5.3 (1) Subject to subsection (2), a person that has provided a notice of proposed export under subsection 101(1) of the Act may export asbestos in the following circumstances if the conditions set out in subsection (4) are met:

          • (a) the asbestos is exported for disposal of the asbestos or of the product containing it;

          • (b) the asbestos is contained in a product that was used before the day on which this paragraph comes into force;

          • (c) the asbestos is contained in a product that is exported in order to service military equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations, while that equipment is outside Canada for the purposes of a military operation, as defined in subsection 9(3) of those Regulations, if there is no technically or economically feasible asbestos-free alternative available;

          • (d) the asbestos is contained in a product in not greater than trace amounts;

          • (e) the asbestos is contained in raw material that is extracted from the ground and that is exported

            • (i) to manufacture a consumer product that contains asbestos in not greater than trace amounts,

            • (ii) to manufacture a product that is not a consumer product, or

            • (iii) for a purpose other than manufacturing a product, if the raw material will not be sold as a consumer product;

          • (f) the asbestos, whether or not it is contained in a product, is exported for use in a laboratory for analysis, in scientific research or as an analytical standard; and

          • (g) the asbestos, whether or not it is contained in a product, is exported for display in a museum.

        • Exception

          (2) Subsection (1) does not apply to asbestos referred to in section 5.2.

        • Conditions for export

          (3) A person exporting asbestos in accordance with subsection (1) must comply with the permit requirements set out in subsection (4), unless

          • (a) the concentration of asbestos in the exported product, including a raw material referred to in paragraph (1)(e), is less than 0.1% by weight; or

          • (b) the asbestos exported is referred to in paragraph (1)(f) and the total quantity of asbestos exported for those purposes by the person during the calendar year in question does not exceed 10 kg.

        • Export with permit

          (4) A person who exports asbestos that is not referred to in paragraph (3)(a) or (b) must

          • (a) if the export is to a country other than a Rotterdam Party, hold an export permit referred to in section 5.4;

          • (b) if the export is to a Rotterdam Party, hold a permit issued under subsection 12(1) or section 14 and respect the conditions described in subsection 7(3);

          • (c) be a resident of Canada or, in the case of a corporation, have a place of business in Canada;

          • (d) meet the requirements of sections 20 to 22; and

          • (e) include a copy of the permit with each shipment.

      • Application for permit — non-party country
        • 5.4 (1) An application for an export permit to export to a country that is not a Rotterdam Party must comply with section 11.

        • Issuance

          (2) Subject to subsection (3), the Minister must issue an export permit on receipt of a permit application.

        • Reasonable grounds

          (3) The Minister must refuse to issue an export permit if the Minister believes on reasonable grounds that one or more of the circumstances referred to in paragraphs 16(a) to (c) apply.

        • Other conditions

          (4) Sections 15 and 18 to 22 set out additional conditions applicable to the export under the authority of a permit issued under subsection (2).

  • — SOR/2018-196, s. 33

    • 33 Paragraph 6(2)(d) of the Regulations is replaced by the following:

      • (d) the persistent organic pollutant is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard and the total quantity exported for those purposes by the person during the calendar year in question does not exceed 10 kg;

  • — SOR/2018-196, s. 34

      • 34 (1) Paragraph 7(2)(h) of the English version of the Regulations is replaced by the following:

        • (h) is exported for the personal use of the individual who imports it, if the total quantity exported for that purpose by the exporter during the calendar year in question does not exceed 10 kg; or

      • (2) Paragraph 7(2)(i) of the Regulations is replaced by the following:

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

      • (3) Section 7 of the Regulations is amended by adding the following after subsection (2):

        • Export of asbestos

          (3) Despite subsections (1) and (2), in the case of asbestos exported to a Rotterdam Party, other than asbestos referred to in section 5.2 or in paragraph 5.3(3)(a) or (b), sections 11, 12 and 14 to 22 set out additional conditions applicable to the export of the asbestos.

  • — SOR/2018-196, s. 35

    • 35 Section 3 of Schedule 1 to the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

      • (h) in the case of asbestos, an indication of

        • (i) whether the substance is contained in a product that is a personal or household effect intended for the person’s personal use,

        • (ii) whether the substance is contained in military equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations,

        • (iii) whether the substance is exported for disposal of the substance or of the product that contains it and, if so, the name and civic address of the facility at which the disposal will take place and the disposal method that will be used,

        • (iv) whether the substance is contained in a product that was used before the day on which paragraph 5.3(1)(b) came into force,

        • (v) whether the substance is contained in a product that is exported in order to service military equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations, while that equipment is outside Canada for the purposes of a military operation, as defined in subsection 9(3) of those Regulations, and there is no technically or economically feasible asbestos-free alternative available,

        • (vi) whether the substance is contained in a product in not greater than trace amounts,

        • (vii) whether the substance is contained in raw material that is extracted from the ground and that is exported

          • (A) to manufacture a consumer product that contains asbestos in not greater than trace amounts,

          • (B) to manufacture a product that is not a consumer product, or

          • (C) for a purpose other than manufacturing a product, if the material will not be sold as a consumer product,

        • (viii) whether the substance, whether or not it is contained in a product, is exported for use in a laboratory for analysis, in scientific research or as an analytical standard, and

        • (ix) whether the substance, whether or not it is contained in a product, is exported for display in a museum.

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