Export of Substances on the Export Control List Regulations

Marginal note:Persistent organic pollutant

• 6 (1) In this section, persistent organic pollutant means a substance listed in Annex A or B of the Stockholm Convention, other than one added to that Convention by an amendment that is not in force for Canada.

• Marginal note:POP specified in Part 2 or 3 of Schedule 3 to Act

  (2) A person that has provided a notice of proposed export under subsection 101(1) of the Act may export a persistent organic pollutant that is specified in Part 2 or 3 of the Export Control List under the following conditions, unless the export of that persistent organic pollutant is prohibited by any other regulation made under the Act:

  • (a) if a specific exemption or acceptable purpose is listed in Annex A or B of the Stockholm Convention for that persistent organic pollutant and the export is to a Stockholm Party,

    • (i) that Party has registered a specific exemption or acceptable purpose in the relevant Register established under the Stockholm Convention and the export complies with the terms of that specific exemption or acceptable purpose,

    • (ii) in the case of a persistent organic pollutant added to the Stockholm Convention by an amendment that is not in force for that Party, an annual certification for the year in question regarding that Party that is in accordance with paragraph 2 (b) (iii) of Article 3 of the Stockholm Convention has been transmitted by Canada to the Secretariat established under that Convention, and the export complies with the terms of the specific exemption or acceptable purpose listed in those Annexes;

  • (b) if a specific exemption or acceptable purpose is listed in Annex A or B of the Stockholm Convention for that persistent organic pollutant and the export is to a State or regional economic integration organization that is not a party to the Stockholm Convention, an annual certification for the year in question regarding that State or organization that is in accordance with paragraph 2 (b) (iii) of Article 3 of the Stockholm Convention has been transmitted by Canada to the Secretariat established under that Convention, and the export complies with the terms of the specific exemption or acceptable purpose listed in those Annexes;

  • (c) the persistent organic pollutant is exported in accordance with paragraph 1 (d) of Article 6 of the Stockholm Convention;

  • (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 by the person during the calendar year in question does not exceed 10 kg;

  • (e) the persistent organic pollutant is incidentally present in trace amounts in the product that is being exported; or

  • (f) the persistent organic pollutant is contained in a product

    • (i) that was manufactured on or before the entry into force for Canada of a provision of the Stockholm Convention prohibiting, under Annex A, or restricting, under Annex B, the production or use of that persistent organic pollutant, and

    • (ii) in respect of which a notification has been provided by Canada in accordance with note (ii) to Annex A or B of the Stockholm Convention and the notification has been made publicly available in accordance with that note by the Secretariat established under the terms of that Convention.

• Marginal note:Non-application

  (3) Subsection (2) does not apply to a persistent organic pollutant that 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.