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

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) if the country of destination is a party to the Convention, it is one of

    • (i) the hazardous wastes referred to in subparagraph 1(a) of Article 1 of the Convention, with the exception of wastes referred to in paragraphs 3 and 4 of Article 1 of the Convention, as amended from time to time, to the extent that the amendments are binding on Canada, or

    • (ii) the other wastes referred to in paragraph 2 of Article 1 of the Convention, with the exception of wastes referred to in paragraphs 3 and 4 of Article 1 of the Convention, as amended from time to time, to the extent that the amendments are binding on Canada.

• 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.