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

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.

Marginal note:Refusal to issue permit

9 The Minister must refuse to issue a permit if

• (a) an authorization referred to in subparagraph 185(1)(b)(i) of the Act is not obtained, unless the circumstances in subsection 185(4) of the Act apply;

• (b) the Minister has reasonable grounds to believe that, if the permit were issued, the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit would not comply with the Act, these Regulations or conditions to an authorization imposed by the jurisdiction of destination or a country of transit; or

• (c) the Minister has reasonable grounds to believe that false or misleading information was provided in the notification under section 8.

Marginal note:Period of validity of permit

10 A permit is valid for the period set out in it, which cannot be longer than

• (a) 36 months after the day on which it is issued, in the case of hazardous recyclable material

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

  • (ii) that is to be recycled by means of a final recycling operation at a receiving facility that is a pre-consented recovery facility referred to in Case 2 in Chapter II. D (2) of OECD Decision C(2001)107/FINAL, as amended from time to time, to the extent that the amendments are binding on Canada; and

• (b) 12 months after the day on which it is issued, in any other case.

Marginal note:New application

11 If a permit needs to be amended the permit holder must apply for a new permit.

Marginal note:Suspension of permit required

• 12 (1) The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph.

• Marginal note:Optional suspension of permit

  (2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that

  • (a) the permit holder no longer satisfies the conditions in section 7;

  • (b) the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit does not comply — or will not comply — with the Act, these Regulations or the conditions of an authorization imposed by the jurisdiction of destination or a country of transit;

  • (c) false or misleading information was provided in the notification under section 8;

  • (d) as a result of a natural or artificial disaster or another emergency, the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, cannot be in accordance with the permit; or

  • (e) the hazardous waste or hazardous recyclable material is not being managed in a manner that will protect the environment and human health against the adverse effects that may result from it.

• Marginal note:Notice

  (3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

• Marginal note:Manner of notice

  (4) The Minister notifies the permit holder when the Minister

  • (a) informs the permit holder at their last known address or email address that the notice of the suspension and the reasons for it are available through a generally accessible electronic source and identifies the location of the notice and reasons; or

  • (b) sends the notice and reasons to the permit holder’s last known address or email address.

• Marginal note:Representations

  (5) The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

• Marginal note:Reinstatement of permit

  (6) The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

Marginal note:Revocation of permit

• 13 (1) The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

• Marginal note:Notice

  (2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

• Marginal note:Manner of notice

  (3) The Minister notifies the permit holder when the Minister

  • (a) informs the permit holder at their last known address or email address that the notice of the proposed revocation and the reasons for it are available through a generally accessible electronic source and identifies the location of the notice and reasons; or

  • (b) sends the notice and reasons to the permit holder’s last known address or email address.

• Marginal note:Representations

  (4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.

• Marginal note:Date of revocation

  (5) The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act

Conditions Relating to Import

Marginal note:Conditions

• 14 (1) For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the import of hazardous waste or hazardous recyclable material under one or more permits that are held by a permit holder are the following:

  • (a) the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits;

  • (b) the import must not be prohibited under the laws of Canada;

  • (c) the country of origin must be a party to the Convention or the Canada-USA Agreement or must be subject to OECD Decision C(2001)107/FINAL and the export of the hazardous waste or hazardous recyclable material must not be prohibited by that country;

  • (d) the conveyance in transit of the hazardous waste or hazardous recyclable material through a country must not be prohibited by that country;

  • (e) biomedical waste set out in item 1 of Schedule 6 or anything that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations must be disposed of by means of a final disposal operation;

  • (f) if anything contains PCBs in a concentration greater than 50 mg per kg, the PCBs in that thing or in any residue from its decontamination must be destroyed or irreversibly transformed;

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

  • (h) all of the contracts referred to in paragraphs 8(4)(c) to (e) must be in effect;

  • (i) every contract referred to in paragraph 8(4)(c) must

    • (i) describe each type of hazardous waste or hazardous recyclable material that is to be imported under the contract,

    • (ii) set out the quantity of each type of hazardous waste or hazardous recyclable material,

    • (iii) identify the operation set out in column 2 of Part 1 or 2 of Schedule 1 that is to be performed on each type of hazardous waste or hazardous recyclable material,

    • (iv) state that the hazardous waste or hazardous recyclable material is to be imported in accordance with the permit, and

    • (v) require the foreign exporter and the facility to take all feasible measures to assist the permit holder to satisfy the conditions under paragraph 185(1)(c) of the Act;

  • (j) every contract referred to in paragraphs 8(4)(d) and (e) must

    • (i) describe each type of hazardous waste or hazardous recyclable material that is to be imported under the contract,

    • (ii) set out the quantity of each type of hazardous waste that is to be disposed of, or hazardous recyclable material that is to be recycled, at the authorized facility,

    • (iii) identify the operation set out in column 2 of Part 1 or 2 of Schedule 1 that is to be performed on each type of hazardous waste or hazardous recyclable material at the authorized facility,

    • (iv) state that the hazardous waste is to be disposed of, or the hazardous recyclable material is to be recycled, in accordance with the permit,

    • (v) require the authorized facility to notify the permit holder in writing, within 30 days after the day on which the authorized facility completes an interim or final disposal operation for a type of hazardous waste, or an interim or final recycling operation for a type of hazardous recyclable material, that is recorded as a line entry in the movement document,

      • (A) of the date on which the operation was completed,

      • (B) of the reference number of the movement document, and the line number of the line entry in the movement document, that applies to that type of hazardous waste or hazardous recyclable material, and

      • (C) that the operation was completed in a manner that protects the environment and human health against the adverse effects that may result from the hazardous waste or hazardous recyclable material, and

    • (vi) require the authorized facility to take all feasible measures to assist the permit holder to satisfy the conditions under paragraph 185(1)(c) of the Act;

  • (k) every contract referred to in paragraph 8(4)(e) must require the receiving facility to provide the authorized facility that is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material that was contained in the shipment by means of a final disposal operation or final recycling operation with the reference number of the movement document and the line number of the line entry in the movement document that applies to that type of hazardous waste or hazardous recyclable material;

  • (l) each shipment must be recorded in a separate movement document in accordance with sections 15 and 16;

  • (m) the movement document completed in accordance with section 16 must be provided, in accordance with that section, to the Minister and the authorities of the province where the receiving facility is located;

  • (n) while they transport the shipment, every authorized carrier must produce the permit or permits, and Parts A and B of the movement document completed in accordance with section 16, when they are required to do so to demonstrate that the movement of the shipment complies with this Division;

  • (o) the permit or permits, and Parts A and B of the movement document completed in accordance with section 16, must be provided to a customs office when the hazardous waste or hazardous recyclable material that is contained in the shipment is required to be reported at the customs office under section 12 of the Customs Act;

  • (p) if the receiving facility is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material under the permit or permits by means of an interim disposal operation or interim recycling operation, it must complete the disposal of all of the hazardous waste, or the recycling of all of the hazardous recyclable material, of that type that is contained in a shipment, either within a period of 180 days after the day on which the shipment is delivered to it or within a shorter period required by the authorities of the jurisdiction in which it is located;

  • (q) if the receiving facility is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material under the permit or permits by means of a final disposal operation or final recycling operation, it must complete the disposal of all of the hazardous waste, or the recycling of all of the hazardous recyclable material, of that type that is contained in a shipment, either within a period of one year after the day on which the shipment is delivered to it or within a shorter period required by the authorities of the jurisdiction in which it is located;

  • (r) if an authorized facility other than a receiving facility is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material under the permit or permits by means of a final disposal operation or final recycling operation, it must complete the disposal of all of the hazardous waste, or the recycling of all of the hazardous recyclable material, of that type that was contained in a shipment delivered to the receiving facility and that was sent to the authorized facility by the receiving facility, either within a period of 18 months after the day on which the shipment was delivered to the receiving facility or within a shorter period required by the authorities of the jurisdiction in which the authorized facility is located;

  • (s) the Minister must be provided with confirmation of the disposal of the hazardous waste by means of an operation set out in column 2 of Part 1 of Schedule 1, or of the recycling of the hazardous recyclable material by means of an operation set out in column 2 of Part 2 of Schedule 1, in accordance with section 17;

  • (t) the documents referred to in section 18 must be kept in accordance with that section;

  • (u) if the permit holder is notified that the receiving facility does not accept hazardous waste or hazardous recyclable material that is contained in a shipment that is shipped in accordance with the Act and these Regulations, or that it cannot, or refuses to, dispose of that hazardous waste or recycle that hazardous recyclable material in accordance with the permit,

    • (i) the permit holder must immediately notify the Minister and the foreign exporter of the situation and the reason for it,

    • (ii) if necessary, the permit holder must store the hazardous waste or hazardous recyclable material in a facility that is authorized for that purpose by the authorities of the jurisdiction in which the facility is located,

    • (iii) within 90 days after the day on which the Minister is notified or within any other period of time that is agreed to by the Minister and the competent authority of the country of origin, the permit holder must either

      • (A) make all necessary arrangements to dispose of the hazardous waste by means of a final disposal operation, or to recycle the hazardous recyclable material by means of a final recycling operation, at another authorized facility in Canada and provide the Minister with the name and address of, and the name of a contact person for, that authorized facility, the reference number of the movement document and, for each type of hazardous waste or hazardous recyclable material, the line number of the applicable line entry in the movement document, the quantity in kilograms or litres and the applicable disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1, or

      • (B) in accordance with Division 6 of this Part, return the hazardous waste or hazardous recyclable material to the country of origin under an export permit for the return,

    • (iv) the hazardous waste or hazardous recyclable material must not be transported to an authorized facility referred to in clause (iii)(A) unless the permit holder has received confirmation from the Minister that the authorities of the jurisdiction in which the authorized facility is located have approved its disposal or recycling at that authorized facility, and

    • (v) if the hazardous waste or hazardous recyclable material is transported to an authorized facility referred to in clause (iii)(A) for disposal or recycling, the authorized facility must complete the disposal of all of the hazardous waste by means of a final disposal operation, or the recycling of all of the hazardous recyclable material by means of a final recycling operation, within one year after the expiry of the period referred to in subparagraph (iii); and

  • (v) if a shipment is imported in accordance with the Act and these Regulations but the Minister notifies the permit holder that the Minister does not accept hazardous waste or hazardous recyclable material that is contained in the shipment or that hazardous waste or hazardous recyclable material that is contained in the shipment cannot be moved, disposed of or recycled in accordance with the permit,

    • (i) the permit holder must immediately notify the foreign exporter of the situation and the reason for it,

    • (ii) if necessary, the permit holder must store the hazardous waste or hazardous recyclable material in a facility that is identified for that purpose by the Minister,

    • (iii) within 90 days after the day on which the Minister notifies the permit holder or within any other period of time that is agreed to by the Minister and the competent authority of the country of origin, the permit holder must either

      • (A) make all necessary arrangements to dispose of the hazardous waste by means of a final disposal operation, or to recycle the hazardous recyclable material by means of a final recycling operation, at an authorized facility in Canada and provide the Minister with the name and address of, and the name of a contact person for, that authorized facility, the reference number of the movement document and, for each type of hazardous waste or hazardous recyclable material, the line number of the applicable line entry in the movement document, the quantity in kilograms or litres and the applicable disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1, or

      • (B) in accordance with Division 6 of this Part, return the hazardous waste or hazardous recyclable material to the country of origin under an export permit for the return,

    • (iv) the hazardous waste or hazardous recyclable material must not be transported to an authorized facility referred to in clause (iii)(A) unless the permit holder has received confirmation from the Minister that the authorities of the jurisdiction in which the authorized facility is located have approved its disposal or recycling at that authorized facility, and

    • (v) if the hazardous waste or hazardous recyclable material is transported to an authorized facility referred to in clause (iii)(A) for disposal or recycling, the authorized facility must complete the disposal of all of the hazardous waste by means of a final disposal operation, or the recycling of all of the hazardous recyclable material by means of a final recycling operation, within one year after the expiry of the period referred to in subparagraph (iii).

• Marginal note:Delivery to receiving facility

  (2) For the purposes of paragraphs (1)(p) to (r), delivery of a shipment to the receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

• Marginal note:Necessary arrangements

  (3) The necessary arrangements referred to in clauses (1)(u)(iii)(A) and (v)(iii)(A) must include a requirement that the authorized facility notify the permit holder in writing, within 30 days after the day on which the authorized facility completes a final disposal operation for a type of hazardous waste, or a final recycling operation for a type of hazardous recyclable material, that is recorded as a line entry in the movement document,

  • (a) of the date on which the operation was completed;

  • (b) of the reference number of the movement document, and the line number of the line entry in the movement document, that applies to that type of hazardous waste or hazardous recyclable material; and

  • (c) that the operation was completed in a manner that protects the environment and human health against the adverse effects that may result from the hazardous waste or hazardous recyclable material.

• Marginal note:Manner of notice

  (4) For the purposes of subparagraph (1)(v)(iii), the Minister notifies the permit holder when the Minister

  • (a) informs the permit holder at their last known address or email address that the notice is available through a generally accessible electronic source and identifies the location of the notice; or

  • (b) sends the notice to the permit holder’s last known address or email address.