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

Movement Document

Marginal note:Unit of measure

15 The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

Marginal note:Part A

• 16 (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

  • (a) each type of hazardous waste or hazardous recyclable material that is contained in the shipment and that was recorded as a line entry in the notification under subsection 8(3) must be recorded as a line entry;

  • (b) each line entry must include the reference number of the notification, the line entry number and the information that was included in the line entry in the notification under subsection 8(4) — with the exception of the information referred to in clauses 1(j)(iii)(A), (F) and (L) of Schedule 3;

  • (c) the remaining information set out in subitem 1(1) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

  • (d) the individual who provides the information and certification must date and sign Part A.

• Marginal note:Part A to Minister and provincial authorities

  (2) Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the receiving facility is located, if those authorities ask for it.

• Marginal note:Part B

  (3) Each authorized carrier that transports the shipment must complete Part B of the movement document — of which Part A was completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

• Marginal note:Part C

  (4) Immediately after the shipment is delivered to the receiving facility, Part C of the movement document — of which Part A was completed in accordance with subsection (1) — must be completed as follows:

  • (a) the information set out in subitem 3(1) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

  • (b) the individual who provides the information and certification must date and sign Part C.

• Marginal note:Parts B and C to Minister and provincial authorities

  (5) Within three working days after the day on which the shipment is delivered to the receiving facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the receiving facility is located, if those authorities ask for it.

• Marginal note:Amendments to Part C

  (6) Part C of the movement document may be amended only with respect to the quantities specified in it. The amendments must be made in the form and manner specified by the Minister and before the confirmation under subsection 17(1) is to be filed with the Minister.

• Marginal note:Delivery to receiving facility

  (7) For the purposes of subsections (4) and (5), 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.

Confirmation of Disposal or Recycling

Marginal note:Confirmation

• 17 (1) Within 30 days after the day on which the disposal by means of an operation set out in column 2 of Part 1 of Schedule 1 of a type of hazardous waste, or the recycling by means of an operation set out in column 2 of Part 2 of Schedule 1 of a type of hazardous recyclable material, that is recorded as a line entry in a movement document is completed, the Minister must be provided with a confirmation, based on the written notice received by the permit holder from the authorized facility that performed the operation, that the operation was completed

  • (a) in accordance with the permit or, if applicable, with the arrangements referred to in clause 14(1)(u)(iii)(A) or (v)(iii)(A);

  • (b) within the period set out in one of paragraphs 14(1)(p) to (r) or subparagraph 14(1)(u)(v) or (v)(v), as the case may be; and

  • (c) 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:Form and manner of confirmation

  (2) The confirmation must be provided in the form and manner specified by the Minister.

• Marginal note:Additional information in confirmation

  (3) The confirmation

  • (a) must identify the reference number of the movement document, the line number of the line entry in the movement document and the disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1 that applies to the type of hazardous waste or hazardous recyclable material and the date on which the operation was completed; and

  • (b) must be dated and signed by the individual who provides it and must include that individual’s name and telephone number.

Record Retention

Marginal note:Permit holder

• 18 (1) The permit holder must keep the following documents that relate to hazardous waste or hazardous recyclable material that is transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

  • (a) all documents that are necessary to demonstrate their compliance with this Division;

  • (b) every notice that is referred to in subparagraph 14(1)(j)(v) or subsection 14(3);

  • (c) all contracts that relate to the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material; and

  • (d) all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

• Marginal note:Authorized carrier

  (2) Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

  • (a) all documents that are necessary to demonstrate that the movement of the shipment complies with this Division; and

  • (b) if the authorized carrier transported the shipment in Canada, all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

DIVISION 2Export

Export Permit

Marginal note:Applicant

19 A person may apply for a permit to export 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 facility from which the hazardous waste or hazardous recyclable material is to be shipped, or

  • (ii) buy and sell — or are to buy and sell — hazardous recyclable material for recycling and are to export such recyclable material for recycling in a country of destination that is subject to OECD Decision C(2001)107/FINAL; or

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

Marginal note:Form of application

• 20 (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 importer,

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

    • (iii) one receiving facility in the country of destination 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 2(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 2(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 2 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 set out in section 19;

  • (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 export of the hazardous waste or hazardous recyclable material and of a possible return under Division 5 of this Part in the circumstances set out in clauses 26(1)(v)(iii)(B) and (w)(iii)(B), other than transportation by an authorized carrier, are governed by one or more contracts to which the applicant, the foreign importer and the facility in Canada 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

21 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 country 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 20.

Marginal note:Period of validity of permit

22 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 exported to a country of destination 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

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

Marginal note:Suspension of permit required

• 24 (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 set out in section 19;

  • (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 20;

  • (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

• 25 (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.