Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (SOR/2021-25)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

authorized carrier

authorized carrier means, as the case may be,

• (a) a carrier that, in accordance with the Canada Shipping Act, 2001 and the regulations under that Act, transports — or is to transport — hazardous waste or hazardous recyclable material by means of a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water; and

• (b) a carrier that transports — or is to transport — hazardous waste or hazardous recyclable material in accordance with the requirements of the jurisdiction in which the waste or recyclable material is transported. (transporteur agréé)

authorized facility

authorized facility means a facility that is authorized by the authorities of the jurisdiction in which it is located to dispose of hazardous waste by means of a disposal operation set out in column 2 of Part 1 of Schedule 1 or to recycle hazardous recyclable material by means of a recycling operation set out in column 2 of Part 2 of Schedule 1. (installation agréée)

Canada-USA Agreement

Canada-USA Agreement means the Agreement Between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste, which entered into force on November 8, 1986, as amended from time to time. (accord Canada – États-Unis)

CAS Registry Number

CAS Registry Number means the identification number assigned to a substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS)

competent authority

competent authority means, in the case of a country that is a party to the Convention or is subject to OECD Decision C(2001)107/FINAL, the authority that is designated as the competent authority by that country under the Convention or under OECD Decision C(2001)107/FINAL, as the case may be, and, in the case of the United States, the United States Environmental Protection Agency. (autorité compétente)

consignee

consignee means a person that receives or is to receive delivery from a consignor of a shipment that contains hazardous waste or hazardous recyclable material at a site that they own, operate or otherwise control. (destinataire)

consignor

consignor means a person that, on their own behalf or on behalf of another person under an agreement or arrangement with that person, sends or is to send a shipment that contains hazardous waste or hazardous recyclable material from a site that is located in a province to a site that is located in another province and that is owned, operated or otherwise controlled by a consignee. (expéditeur)

contract

contract means a contract — or, if all of the parties are the same legal entity, an arrangement among those parties — that is in writing and is signed and, if parties are the same legal entity that is doing business in both Canada and another country, is signed by the representatives of that entity in both countries. (contrat)

Convention

Convention means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which entered into force on May 5, 1992. (Convention)

environmentally hazardous constituent

environmentally hazardous constituent means a constituent that is contained in a leachate and is set out in column 3 of Schedule 2 in a concentration that is determined to be equal to or greater than the concentration set out in column 4 of that Schedule in accordance with Method 1311: Toxicity Characteristic Leaching Procedure, as set out in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, Third Edition, published by the United States Environmental Protection Agency. (constituant dangereux pour l’environnement)

final disposal operation

final disposal operation means a disposal operation set out in column 2 of Part 1 of Schedule 1 that bears one of the disposal codes D1 to D12, DC1 and DC2 set out in column 1 of that Part. (opération finale d’élimination)

final recycling operation

final recycling operation means a recycling operation set out in column 2 of Part 2 of Schedule 1 that bears one of the recycling codes R1 to R11, RC1 and RC2 set out in column 1 of that Part. (opération finale de recyclage)

foreign exporter

foreign exporter means a person, including a government entity, in a foreign country that exports hazardous waste or hazardous recyclable material from that country for import into, or conveyance in transit through, Canada. (exportateur étranger)

foreign importer

foreign importer means a person, including a government entity, in a foreign country that imports into that country hazardous waste or hazardous recyclable material that is exported from, or conveyed in transit through, Canada. (importateur étranger)

interim disposal operation

interim disposal operation means a disposal operation set out in column 2 of Part 1 of Schedule 1 that bears one of the disposal codes D13 to D15 set out in column 1 of that Part. (opération préalable d’élimination)

interim recycling operation

interim recycling operation means a recycling operation set out in column 2 of Part 2 of Schedule 1 that bears one of the recycling codes R12, R13 and RC3 set out in column 1 of that Part. (opération préalable de recyclage)

line entry

line entry means

• (a) in respect of a notification, an entry that appears on a separate numbered line in the notification with respect to a type of hazardous waste or hazardous recyclable material that is to be transported under the permit and that includes that line number and the information set out in subparagraphs 1(j)(i) to (iii), 2(j)(i) to (iii), 3(i)(i) to (iii), 4(i)(i) to (iii), 5(j)(i) to (iii) or 6(j)(i) to (iii) of Schedule 3, as the case may be;

• (b) in respect of a movement document referred to in Part 1, an entry that appears on a separate numbered line in the movement document with respect to a type of hazardous waste or hazardous recyclable material that is to be transported under a permit and that includes that line number, the reference number of the notification for the permit and the line entry for that type of hazardous waste or hazardous recyclable material that is set out in the notification, with the exception of the information set out in clauses 1(j)(iii)(A), (F) and (L), 2(j)(iii)(A), (F) and (L), 3(i)(iii)(A), (F) and (L), 4(i)(iii)(A), (F) and (L), 5(j)(iii)(A), (E) and (K) or 6(j)(iii)(A), (E) and (K) of Schedule 3, as the case may be; and

• (c) in respect of a movement document referred to in Part 2, an entry that appears on a separate numbered line in the movement document with respect to a type of hazardous waste or hazardous recyclable material that is to be shipped from a consignor to a site that is owned, operated or otherwise controlled by a consignee and that includes that line number and the information set out in paragraph 1(g) of Schedule 4. (ligne de renseignements)

movement document

movement document means, with respect to a shipment of hazardous waste or hazardous recyclable material, a document that is referred to

• (a) in sections 15 and 16, if the shipment is imported to Canada;

• (b) in sections 27 and 28, if the shipment is exported from Canada;

• (c) in sections 39 and 40, if the shipment is exported from Canada and is imported to Canada after it is conveyed in transit through a foreign country;

• (d) in sections 49 and 50, if the shipment is conveyed in transit through Canada;

• (e) in sections 60 and 61, if the hazardous waste or hazardous recyclable material is returned to Canada;

• (f) in sections 71 and 72, if the hazardous waste or hazardous recyclable material is returned to a foreign country of origin; and

• (g) in section 80, if the shipment is moved within Canada. (document de mouvement)

municipality

municipality means an incorporated city, town, village, metropolitan authority, township, district, county or rural municipality in Canada. (municipalité)

notification

notification means a notification referred to in paragraph 185(1)(a) of the Act. (notification)

OECD Decision C(2001)107/FINAL

OECD Decision C(2001)107/FINAL means Decision C(2001)107/FINAL of the Organization for Economic Co-operation and Development, entitled Decision of the Council Concerning the Revision of Decision C(92)39/FINAL on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, dated February 25, 2002. (décision C(2001)107/FINAL de l’OCDE)

PCB

PCB means polychlorinated biphenyl. (BPC)

permit

permit means a permit referred to in paragraph 185(1)(b) of the Act. (permis)

persistent organic pollutant

persistent organic pollutant means a substance set out in column 3 of Schedule 5 that is contained in hazardous waste or hazardous recyclable material, if the concentration is equal to or greater than the concentration set out in column 4 of that Schedule. (substance polluante organique persistante)

receiving facility

receiving facility means the first authorized facility that receives or is to receive hazardous waste or hazardous recyclable material for disposal or recycling under a permit or permits, whether the disposal or recycling operation that is to be performed at that facility is interim or final. (installation de réception)

recyclable material

recyclable material means anything that is to be recycled. (matière recyclable)

shipment

shipment means cargo, in one or more containers or in bulk, that is transported as a unit without being separated at any time during the movement and that

• (a) in the case of a return to Canada or to a foreign country of origin, is shipped to the facility from which it was originally shipped or to the facility identified in the permit for the return;

• (b) in the case of a movement within Canada, is shipped by a consignor to a site that is located in another province and that is owned, operated or otherwise controlled by a consignee; and 

• (c) in any other case, is shipped by one person from one facility in the country of origin to a receiving facility in the country of destination. (envoi)

sign

sign includes to sign by means of an electronic signature that is generated using a technology or process that is approved by the Minister for the purposes of submitting information to the Minister online. (signature)

unique identification number

unique identification number means a number assigned by a province or a country to identify a person, entity or facility. (numéro d’identification unique)

waste

waste means anything that is to be disposed of. (déchet)

Marginal note:Definition of hazardous waste

• 2 (1) For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous waste means anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1 and that

  • (a) is set out in column 2 of Schedule 6;

  • (b) meets the criteria for inclusion in one of Classes 2 to 6, 8 and 9 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;

  • (c) contains a substance set out in column 3 of Schedule 7 that is in a concentration equal to or greater than the concentration set out in column 4 of that Schedule;

  • (d) produces a leachate that contains an environmentally hazardous constituent set out in column 3 of Schedule 2 that is in a concentration equal to or greater than the concentration set out in column 4 of that Schedule; or

  • (e) is set out in column 3 of Schedule 8, is either pure or the only active ingredient and is unused.

• Marginal note:Exclusions

  (2) Hazardous waste referred to in subsection (1) does not include anything

  • (a) that is to be transported in a quantity of less than 5 kg or 5 L per shipment, unless it contains mercury or meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;

  • (b) that remains in a container that is to be transported after the contents of that container have been removed to the maximum extent feasible and before the container is either refilled or cleaned of its residual contents;

  • (c) that is mingled with non-hazardous waste or non-hazardous recyclable material and collected as part of the regular collection of non-hazardous waste and non-hazardous recyclable material by or on behalf of a municipality, unless it is separated from that waste or recyclable material during or after the collection;

  • (d) that is personal or household waste of the individual who transports it; or

  • (e) that is generated from the normal operations of a ship and whose discharge is authorized under the Canada Shipping Act, 2001.

Marginal note:Waste considered hazardous for export

• 3 (1) Anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1, even if it is not hazardous waste within the meaning of subsection 2(1), is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and Divisions 1 to 4, 7 and 8 of Part 1 of these Regulations if it is to be exported to a country of destination or conveyed in transit through Canada or a foreign country and

  • (a) it is defined as, or considered to be, hazardous under the legislation of the country of destination or country of transit;

  • (b) its import is prohibited under the legislation of the country of destination; or

  • (c) it is one of the hazardous wastes referred to in Article 1, subparagraph 1(a) of the Convention or of the other wastes referred to in Article 1, paragraph 2 of the Convention, with the exception of wastes referred to in Article 1, paragraphs 3 and 4 of the Convention — as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada — and the country of destination is a party to the Convention.

• Marginal note:Waste considered hazardous for return to foreign country of origin

  (2) Anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1, even if it is not hazardous waste within the meaning of subsection 2(1), is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and Division 6 of Part 1 of these Regulations if it is to be conveyed in transit through a foreign country and it is defined as, or considered to be, hazardous under the legislation of that country.

Marginal note:Definition of hazardous recyclable material

• 4 (1) For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous recyclable material means anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1 and that

  • (a) is set out in column 2 of Schedule 6;

  • (b) meets the criteria for inclusion in one of Classes 2 to 6, 8 and 9 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;

  • (c) contains a substance set out in column 3 of Schedule 7 that is in a concentration equal to or greater than the concentration set out in column 4 of that Schedule;

  • (d) produces a leachate that contains an environmentally hazardous constituent set out in column 3 of Schedule 2 that is in a concentration equal to or greater than the concentration set out in column 4 of that Schedule; or

  • (e) is set out in column 3 of Schedule 8, is either pure or the only active ingredient and is unused.

• Marginal note:Exclusions — import, export and transit

  (2) For the purposes of the provisions of Division 8 of Part 7 and Part 10 of the Act that relate to the import, export and conveyance in transit of hazardous recyclable material and for the purposes of Part 1 of these Regulations, hazardous recyclable material referred to in subsection (1) does not include anything

  • (a) that is to be transported in a quantity of less than 5 kg or 5 L per shipment, unless it contains mercury or meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;

  • (b) that remains in a container that is to be transported after the contents of that container have been removed to the maximum extent feasible and before the container is either refilled or cleaned of its residual contents;

  • (c) that is mingled with non-hazardous waste or non-hazardous recyclable material and collected as part of the regular collection of non-hazardous waste and non-hazardous recyclable material by or on behalf of a municipality, unless it is separated from that waste or recyclable material during or after the collection;

  • (d) that is personal or household recyclable material of the individual who transports it;

  • (e) that is generated from the normal operations of a ship and whose discharge is authorized under the Canada Shipping Act, 2001;

  • (f) that is to be imported from a country of origin, or exported to a country of destination, that is subject to OECD Decision C(2001)107/FINAL, and, if applicable, that is to be conveyed in transit only through a country that is subject to that Decision, if it

    • (i) is to be imported or exported in a quantity of 25 kg or 25 L or less per shipment for the purpose of conducting analysis or research with respect to the recycling of that recyclable material,

    • (ii) does not contain an infectious substance that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations, and

    • (iii) is accompanied by a document that includes the name and address of the importer or exporter and the words “test samples” or “échantillons d’épreuve”; or

  • (g) that is to be imported from a country of origin, or exported to a country of destination, that is subject to OECD Decision C(2001)107/FINAL, and, if applicable, that is to be conveyed in transit only through a country that is a party to that Decision, if it

    • (i) is set out in Schedule 9,

    • (ii) is to be recycled by means of a recycling operation set out in column 2 of Part 2 of Schedule 1 at an authorized facility in the country of destination, and

    • (iii) is accompanied by one or more documents that demonstrate that the requirements of this paragraph are met.

• Marginal note:Exclusions — movement within Canada

  (3) For the purposes of the provisions of Division 8 of Part 7 and Part 10 of the Act that relate to the movement of hazardous recyclable material within Canada and for the purposes of Part 2 of these Regulations, hazardous recyclable material referred to in subsection (1) does not include anything

  • (a) that is to be transported in a quantity of less than 5 kg or 5 L per shipment, unless it contains mercury or meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;

  • (b) that remains in a container that is to be transported after the contents of that container have been removed to the maximum extent feasible and before the container is either refilled or cleaned of its residual contents;

  • (c) that is mingled with non-hazardous waste or non-hazardous recyclable material and collected as part of the regular collection of non-hazardous waste and non-hazardous recyclable material by or on behalf of a municipality, unless it is separated from that waste or recyclable material during or after the collection;

  • (d) that is personal or household recyclable material of the individual who transports it;

  • (e) that is generated from the normal operations of a ship and whose discharge is authorized under the Canada Shipping Act, 2001;

  • (f) that satisfies the following conditions:

    • (i) it is to be transported in a quantity of 25 kg or 25 L or less per shipment for the purpose of conducting analysis or research with respect to the recycling of that recyclable material,

    • (ii) it does not contain an infectious substance that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations, and

    • (iii) it is accompanied by a document that includes the name and address of the consignor or consignee and the words “test samples” or “échantillons d’épreuve”;

  • (g) that satisfies the following conditions:

    • (i) it is set out in Schedule 9, and

    • (ii) it is to be recycled by means of a recycling operation set out in column 2 of Part 2 of Schedule 1;

  • (h) that satisfies the following conditions:

    • (i) mercury is a component of it,

    • (ii) the mercury it contains is to be transported in a quantity of 50 mL or less per shipment,

    • (iii) it has reached the end of its useful life, and

    • (iv) it is to be recycled by means of a recycling operation set out in column 2 of Part 2 of Schedule 1; or

  • (i) that satisfies the following conditions:

    • (i) it is a non-rechargeable or rechargeable cell or battery that does not meet the criteria in paragraph (1)(b), and

    • (ii) it is to be recycled by means of a recycling operation set out in Column 2 of Part 2 of Schedule 1.