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

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.