Export of Substances on the Export Control List Regulations
P.C. 2013-523 2013-05-02
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 August 6, 2011, a copy of the proposed Export of Substances on the Export Control List Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 102(1) of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Export of Substances on the Export Control List Regulations.
1 The following definitions apply in these Regulations.
Act means the Canadian Environmental Protection Act, 1999. (Loi)
asbestos means the forms of asbestos specified in the Export Control List. (amiante)
- CAS registry number
CAS registry number means the identification number assigned to a chemical substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS)
- designated national authority
designated national authority means an authority designated by a Rotterdam Party under Article 4 of the Rotterdam Convention to act on its behalf in the performance of the administrative functions required by the Rotterdam Convention. (autorité nationale désignée)
- Export Control List
Export Control List means the Export Control List in Schedule 3 to the Act. (Liste des substances d’exportation contrôlée)
- Minamata Convention
Minamata Convention means the Minamata Convention on Mercury, as amended from time to time. (Convention de Minamata)
pesticide means a pest control product as defined in subsection 2(1) of the Pest Control Products Act. (produit antiparasitaire)
- PIC Circular
PIC Circular means the circular that is published by the Rotterdam Secretariat and that contains a compilation of import responses from Rotterdam Parties, provided in accordance with Article 10 of the Rotterdam Convention, and a list of the substances subject to the prior informed consent procedure. (Circulaire PIC)
- Rotterdam Convention
Rotterdam Convention means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, as amended from time to time. (Convention de Rotterdam)
- Rotterdam Party
Rotterdam Party means a State or regional economic integration organization for which the Rotterdam Convention is in force. (Partie à la Convention de Rotterdam)
- Rotterdam Secretariat
Rotterdam Secretariat means the Secretariat for the Rotterdam Convention established under Article 19 of that Convention. (Secrétariat de Rotterdam)
- Stockholm Convention
Stockholm Convention means the Stockholm Convention on Persistent Organic Pollutants, as amended from time to time. (Convention de Stockholm)
- Stockholm Party
Stockholm Party means a State or regional economic integration organization for which the Stockholm Convention is in force. (Partie à la Convention de Stockholm)
- substance subject to the prior informed consent procedure
substance subject to the prior informed consent procedure means a substance specified in Annex III of the Rotterdam Convention that is destined for use in the category specified in that Annex. (substance soumise à la procédure de consentement préalable)
- SOR/2017-11, s. 1
- SOR/2018-196, s. 28
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/2017-11, s. 2
- SOR/2018-196, s. 29
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.
Marginal note: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/2017-11, s. 3
- SOR/2018-196, s. 30
4 These Regulations apply to the export of substances specified in the Export Control List.
Notice of Proposed Export
Marginal note:Effective date
(2) The notice is considered to be provided to the Minister
Marginal note:Content of notice
(3) The notice of proposed export must
Marginal note:Electronic or paper submission
(4) The notice of proposed export and the certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister and the documents must bear the signature of the person proposing the export or their duly authorized representative.
Marginal note:Notification of changes
(5) The exporter must notify the Minister in writing of any change to the information provided in a notice of proposed export within 30 days after learning of it.
- SOR/2017-11, s. 4
- SOR/2018-196, s. 31
Export of Asbestos
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.
- SOR/2018-196, s. 32
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.
- SOR/2018-196, s. 32
Marginal note: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
(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.
(2) Subsection (1) does not apply to asbestos referred to in section 5.2.
Marginal note: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.
Marginal note: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.
- SOR/2018-196, s. 32
- Date modified: