Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

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 the OECD Decision, 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 the OECD Decision, 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.