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

Regulations are current to 2019-02-28 and last amended on 2018-12-30. Previous Versions

Conditions Relative to the Rotterdam Convention (continued)

Exports Requiring a Permit (continued)

Retention of Records

Marginal note:Period of retention

 An exporter must keep at the exporter’s principal place of business in Canada, for a period of five years after the end of the calendar year for which the export permit is issued,

  • (a) the export permit;

  • (b) a copy of the application for the export permit and the documents required under paragraphs 11(1)(a) to (d) if the originals were submitted to the Minister or, if copies were submitted to the Minister, the original of the application and documents;

  • (c) for each export of a substance, proof of liability insurance coverage as required under section 20;

  • (d) for each export of a substance, a copy of the label referred to in section 21 and the safety data sheet referred to in section 22; and

  • (e) any shipping documents or any other documents that substantiate the date of the export and the exact quantity of the substance that was exported.

  • SOR/2015-19, s. 3(F);
  • SOR/2017-11, s. 14.

Liability Insurance

Marginal note:Amount

 The exporter must have liability insurance in an amount of not less than $5,000,000 for each export in respect of

  • (a) any damages arising from the export for which the exporter could become liable; and

  • (b) any costs that could be imposed on the exporter under the applicable laws for cleaning up the environment as a result of the substance being released into the environment during export.

Labelling

Marginal note:Information to appear on label

  •  (1) An exporter must affix to any container in which a substance is exported a label that includes the following information in both official languages and, as far as practicable, at least one of the official languages of the country of destination:

    • (a) the name of the substance as it appears on the Export Control List and the commodity code of the substance as it is identified in the Harmonized Commodity Description and Coding System;

    • (b) a description of the hazards to the environment or human health that can arise from the nature of the substance or, if applicable, the product that contains it; and

    • (c) the precautionary measures to be followed when handling, using or being exposed to the substance or, if applicable, the product that contains it, and the first aid measures to be administered in case of exposure.

  • Marginal note:Bulk shipment

    (2) In the case of a bulk shipment, the exporter must either affix a label in accordance with subsection (1) or include with each shipment a label or a document that contains the information required to be included on the label.

  • Marginal note:Definition of bulk shipment

    (3) For the purposes of subsection (2), bulk shipment means the shipment of a substance without any packaging or containment other than containment in

    • (a) a vessel having a water capacity of more than 454 L;

    • (b) a freight container or a portable tank;

    • (c) a road vehicle or a railway vehicle; or

    • (d) the hold of a ship.

  • SOR/2017-11, s. 15.

Safety Data Sheet

Marginal note:Information required

 The exporter must include with each export of the substance, in both official languages and, as far as practicable, at least one of the official languages of the country of destination, a safety data sheet as defined in section 2 of the Hazardous Products Act that meets the requirements of the Hazardous Products Regulations in respect of the substance or, if applicable, the product that contains it.

  • SOR/2015-19, s. 4.

Conditions Relative to the Minamata Convention

Marginal note:Restrictions

 A person that has provided a notice of proposed export under subsection 101(1) of the Act may export a mixture that contains elemental mercury (CAS 7439-97-6) at a concentration of 95% or more by weight only if the mixture

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

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

  • (c) is contained in a manufactured item that during manufacture is formed into a specific physical shape or design and has for its final use a function or functions wholly or partly dependent on its shape or design.

  • SOR/2017-11, s. 16.

 [Repealed, SOR/2017-11, s. 16]

 [Repealed, SOR/2017-11, s. 16]

 [Repealed, SOR/2017-11, s. 16]

 
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