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

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.

Marginal note:Recyclable material considered hazardous for export

• 5 (1) Anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1, even if it is not hazardous recyclable material within the meaning of subsection 4(1), is considered to be hazardous recyclable material for the purposes of Division 8 of Part 7 and Part 10 of the Act and Divisions 1 to 5, 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:Recyclable material considered hazardous for return to foreign country of origin

  (2) Anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1, even if it is not hazardous recyclable material within the meaning of subsection 4(1), is considered to be hazardous recyclable material 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.

PART 1Import, Export and Transit

DIVISION 1Import

Non-application

Marginal note:Non-application — Department of National Defence

6 Paragraphs 8(4)(b) to (e) and sections 14 to 18 do not apply to the import of hazardous waste or hazardous recyclable material by the Department of National Defence if that hazardous waste or hazardous recyclable material is generated by the Department in the course of an operation conducted by it outside Canada and is transported from the site of the operation to a defence establishment, as defined in subsection 2(1) of the National Defence Act, in or on a means of transport

• (a) that is owned and operated by the Department or that is operated on behalf of the Department by

  • (i) an employee of the Department,

  • (ii) a member of the Canadian Forces, or

  • (iii) any other person, if the means of transport is accompanied at all times by, and is under the direct responsibility of, an employee of the Department or a member of the Canadian Forces; or

• (b) that is owned and operated by the military establishment of a member country of the North Atlantic Treaty Organization, or by the military establishment of another country under an agreement with the Department, or that is operated on behalf of such an establishment by

  • (i) military or civilian personnel of that establishment, or

  • (ii) any other person, if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment.

Import Permit

Marginal note:Applicant

7 A person may apply for a permit to import hazardous waste or hazardous recyclable material if

• (a) they are an individual who is a resident of Canada or a corporation that has its head office, or operates a branch office, in Canada, and they

  • (i) are the owner or operator of the receiving facility, or

  • (ii) buy and sell — or are to buy and sell — hazardous recyclable material for recycling and are to import such recyclable material for recycling in Canada; or

• (b) they are a municipality or Her Majesty in right of Canada or a province.

Marginal note:Form of application

• 8 (1) An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

• Marginal note:Notification

  (2) The notification

  • (a) must relate to either hazardous waste or hazardous recyclable material but not to both;

  • (b) may relate to one or more types of hazardous waste or hazardous recyclable material;

  • (c) may relate to one or more shipments that contain the hazardous waste or hazardous recyclable material; and

  • (d) must involve only

    • (i) one foreign exporter,

    • (ii) one facility in the country of origin from which the hazardous waste or hazardous recyclable material is to be shipped, and

    • (iii) one receiving facility in Canada to which the hazardous waste or hazardous recyclable material is to be delivered.

• Marginal note:Types of hazardous waste or hazardous recyclable material

  (3) The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 1(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

• Marginal note:Information in notification

  (4) The information set out in subparagraphs 1(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 1 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

  • (a) the applicant satisfies the conditions in section 7;

  • (b) the applicant and all authorized carriers that are to transport the hazardous waste or hazardous recyclable material in Canada hold the liability insurance referred to in Division 7 of this Part;

  • (c) all aspects of the proposed import of the hazardous waste or hazardous recyclable material and of a possible return under Division 6 of this Part in the circumstances set out in clauses 14(1)(u)(iii)(B) and (v)(iii)(B), other than transportation by an authorized carrier, are governed by one or more contracts to which the applicant, the foreign exporter and the facility in the country of origin from which the hazardous waste or hazardous recyclable material is to be shipped are parties;

  • (d) all aspects of the proposed disposal of the hazardous waste or recycling of the hazardous recyclable material are governed by one or more contracts to which the receiving facility and the applicant are parties;

  • (e) if the receiving facility is to dispose of hazardous waste or recycle hazardous recyclable material under the permit or permits by means of an interim disposal operation or interim recycling operation, all aspects of the proposed disposal of the hazardous waste by means of a final disposal operation, or the proposed recycling of the hazardous recyclable material by means of a final recycling operation, are governed by one or more contracts to which the receiving facility and the authorized facility that is to perform a final disposal operation or final recycling operation are parties;

  • (f) the applicant will ensure that the hazardous waste or hazardous recyclable material is managed in a manner that protects the environment and human health against the adverse effects that may result from it; and

  • (g) the information provided is accurate and complete.

• Marginal note:Timing and manner of notification

  (5) The notification must be made in the manner specified by the Minister

  • (a) within 12 months before the day on which the shipment that contains the hazardous waste or hazardous recyclable material is to be shipped, in the case of a single shipment; and

  • (b) within 12 months before the day on which the first shipment is to be shipped, in the case of multiple shipments.