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

Marginal note:Revocation of permit

• 37 (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 Export from and Import to Canada Following Transit Through a Foreign Country

Marginal note:Conditions

38 For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the export of hazardous waste or hazardous recyclable material and its import to Canada under one or more permits that are held by a permit holder after it is conveyed in transit through a foreign country 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) at the time of export,

  • (i) the export from and import to Canada must not be prohibited under the laws of Canada, and

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

• (c) 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;

• (d) each shipment that contains hazardous waste or hazardous recyclable material must be recorded in a separate movement document in accordance with sections 39 and 40;

• (e) the movement document completed in accordance with section 40 must be provided, in accordance with that section, to the Minister and the authorities of the provinces where the facility from which the shipment was shipped and the receiving facility are located;

• (f) 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 40, when they are required to do so to demonstrate that the movement of the shipment complies with this Division;

• (g) the permit or permits, and Parts A and B of the movement document completed in accordance with section 40, 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 or 95 of the Customs Act; and

• (h) the documents referred to in section 41 must be kept in accordance with that section.

Movement Document

Marginal note:Unit of measure

39 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

• 40 (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 32(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 32(4), with the exception of the information referred to in clauses 3(i)(iii)(A), (F) and (L) of Schedule 3;

  • (c) the remaining information set out in subitem 1(3) 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 provinces where the facility and the receiving facility are 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 — with Part A 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 — with Part A 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 provinces where the facility from which the shipment was shipped and the receiving facility are located, if those authorities ask for it.

• Marginal note:Delivery to receiving facility

  (6) For the purposes of subsections (4) and (5), delivery of a shipment to a 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.

Record Retention

Marginal note:Permit holder

• 41 (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; and

  • (b) 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 4Transit Through Canada

Permit for Transit Through Canada

Marginal note:Application

• 42 (1) An application for a permit to convey hazardous waste or hazardous recyclable material in transit through Canada may be made by any person and 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) may relate to both hazardous waste and hazardous recyclable material;

  • (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 foreign importer,

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

    • (iv) 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 4(i)(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 4(i)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 4 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) 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;

  • (b) 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

  • (c) 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

43 The Minister must refuse to issue a permit if the Minister has reasonable grounds to believe that

• (a) if the permit were issued, the transportation of hazardous waste or hazardous recyclable material under the permit would not comply with the Act or these Regulations; or

• (b) false or misleading information was provided in the notification under section 42.

Marginal note:Period of validity of permit

44 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, if

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

  • (ii) the hazardous recyclable material 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

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

Marginal note:Suspension of permit required

• 46 (1) The Minister must suspend a permit when, or at any time after, a shipment enters Canada under the permit if

  • (a) the Minister becomes aware that the competent authority of the country of destination or of a country through which the hazardous waste or hazardous recyclable material is to be conveyed in transit after it has left Canada has not authorized the import or conveyance in transit, as the case may be; or

  • (b) the competent authority of one of those countries withdraws its authorization.

• Marginal note:Optional suspension of permit

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

  • (a) false or misleading information was provided in the notification under section 42;

  • (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 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) the transportation of hazardous waste or hazardous recyclable material under the permit does not comply with the Act or these Regulations;

  • (d) as a result of a natural or artificial disaster or another emergency, the transportation of hazardous waste or 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.