Division Name, Transboundary Movement Branch

Frequently Asked Questions (FAQ)

	Notices
	Manifests
	Definitions

Environment Canada's Transboundary Movement Branch (TMB) has compiled these frequently asked questions and answers to assist those affected by the Export and Import of Hazardous Wastes Regulations (EIHWR) made pursuant to the Canadian Environmental Protection Act, 1999 (CEPA, 1999). If you cannot find the answer to your question(s) through this web site, please use the Contact Us link provided at the bottom of this web page or the Staff Directory.

These interpretations have been prepared for convenience of reference only and have no official sanction. For all purposes of interpreting and applying the law, users should consult the regulations, as registered by the clerk of the Privy Council and published in Part II of the Canada Gazette and available in most public libraries.

Notices

Question: What happens if the material is not regulated in the United States (or another country)?

Answer: Any material defined as a hazardous waste as prescribed in Section 2.(1) of the EIHW Regulations is subject to the requirements prescribed under the EIHWR. In the case of exports, the Canadian exporter is responsible for ensuring compliance with the regulations. For imports, the Canadian importer must ensure that the shipment complies with Canadian regulations.

Whether a material to be exported or imported is, or is not, controlled in the other country has no bearing on the requirements of the EIHWR. All shipments of hazardous wastes and/or hazardous recyclable materials are subject to the EIHWR when the material is being transported in Canadian jurisdiction.

Question: My notice is about to expire. How long will it take get a new permit?

Answer: The time required to obtain a permit can vary greatly from case to case. The type of waste, its destination, the disposal/recycling operation to be used, and the number of transit countries can all affect the length of time between notification and issuance of a permit.

Environment Canada acts as an intermediary between the Canadian notifier and other governments. As such, Environment Canada cannot predict or control the length of time it will take the other authorities to respond to the request for consent.

In general, the notifier should normally allow at least 60 days for the administrative review process for shipments to and from the United States. More time should be allowed for shipments to other countries.

It must be emphasized, however, that the permit may or may not correspond to the exact shipping dates set out in the notice. Only after the notifier has received a permit, is the shipment allowed to proceed. The permit from Environment Canada states when shipping may begin. These permits are normally valid for up to 12 months. The import or export according to the permit, may take place at any time within this period.

Question: When can I ship if my notice expires soon?

Answer: A shipment must be completed (received at the consignee site) prior to the expiration of the notice. Should the notice expire during transit, a shipment may be refused at the border or by the receiver for non-compliance.

Question: I exported/imported a shipment of hazardous waste for which I did not have a valid notice. What do I do?

Answer: You should contact the regional office of Environment Canada nearest to you as soon as possible.

Question: Why must I re-notify every year?

Answer: The Basel Convention and the OECD Decision (international guidelines), to which Canada is a party, require that notices be renewed every 12 months. The renewal also helps to ensure that the information required to obtain consent is up to date.

Question: What is the role of the provinces?

Answer: The federal government has the primary responsibility for controlling transboundary movements of hazardous wastes. However, the provinces also play an important role in implementing the EIHWR. For imports into Canada, provincial authorities review all notices to ensure that the receiving facility is environmentally sound and authorized to receive such wastes. As well, for all transboundary movements, it is provincial authorities that authorize the carriers that will transport hazardous wastes. The provinces play a similar role for the PCB Waste Export Regulations.

Question: How long will it take me to get my export notice to the United States approved and receive my export permit?

Answer: The scenario described below applies only to transboundary movements between Canada and the United States. Under the Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Wastes, Article 3 (c), the designated authority of the country of import shall have 30 days from the date of receipt of the notice provided to respond to such a notice, indicating its consent (conditional or not) or its objection to the export.

With respect to the Canadian processing time for export applications, there are many factors that will affect the time to review and submit the notice to the United States. If the notice and all the appropriate attachments (contract, insurance, customs points, carrier insurance) are complete and correct, it is possible that the approval for the notice (including the U.S. review, which takes 30 days) could be issued in approximately 35-40 days. Any errors or omissions by the applicant will delay the file.

Please be advised that in the case of an import into Canada of a waste defined as hazardous under the EIHWR, the review period will depend on the following:

whether the waste is also controlled in the United States;
in the case of a controlled waste, whether the U.S. authorities have been notified by the U.S. exporter of the proposed export of hazardous waste; and
the time taken by the provincial authority to consent or object to the import.

Question: My present "Export Permit" expires shortly, and I have not yet received a new permit. Can I continue to export up to and including the present expiry date?

Answer: Exports may proceed up to the expiry date of the permit provided the notified quantity is not exceeded. However, an export departing on January 20, 2002, must clear Canada Customs prior to midnight on that date or risk being returned. Ideally, exporters should re-notify in enough time to avoid a situation such as this.

Question: I plan to ship hazardous waste from the eastern United States to a facility located in the mid-western United States. The carrier that I have hired plans to travel through Canada, from Fort Erie to Windsor. Are there any conditions that need to be met under the EIHWR?

Answer: The EIHWR address two types of controlled transit:
Type 1
A hazardous waste is exported from a country and passes through Canada on its way to the country of import. (Note: a Type 1 transit includes cases where the country of export and import are the same, and also cases where the country of export and import are not the same.)
Type 2
A hazardous waste is exported from Canada and passes through another country, or several countries, on its way to the country of import. (Note: see the definition of "country of transit" in the EIHWR. The definition does not include any air-space or marine area outside the limits of Canada's territorial waters.)

The question involves a Type 1 transit, in which the exporting and importing country are the same (i.e., the United States). Therefore, a "Transit Notice" must be completed (Form 2 in Schedule II of the EIHWR). A certificate of insurance for the carrier must also be provided at the time the notice is submitted. The transit can take place only when the notifier of the hazardous waste has received written confirmation from the Director, TMB, as designated under the EIHWR, and after the notice for the proposed transit of hazardous waste has been received.

When transporting hazardous wastes through Canada (including marine shipments through Canadian territorial waters), a Canadian waste manifest must accompany the shipment along with a copy (photocopy) of the "Transit Notice and a copy of the written confirmation letter from the Director, TMB. For road shipments, copies of these documents must be submitted to the Canada Customs and Revenue Agency when the shipment enters and leaves Canada. In the case of marine transits where the shipment never docks in Canada, forward copies of the relevant documents to the appropriate regional office of Environment Canada prior to the shipment's leaving port, and forward another set of copies after the shipment is received by the importer.

For Type 2 transits, an "Export Notice" must be completed and submitted with the appropriate documentation (contract, insurance, etc.). The country (or countries) through which the hazardous waste transits must be indicated in Box 9 of the notice. If there is not enough space to list all the countries on the form, an additional list can be attached.

Manifests

Question: What is the distribution for manifests under the EIHWR, and who is responsible for their distribution?

Answer: For international shipments, the manifest tracking of hazardous waste is subject to Part V of the EIHWR, and manifests are distributed as follows:

Exports (the exporter must ensure that the distribution of the manifest is completed)

COPY 1 - mailed by the exporter (consignor) to the appropriate authority in the province/territory of origin within 3 days after the hazardous wastes have been taken by the carrier. A photocopy must also be sent to Environment Canada. A second photocopy accompanies the shipment and is deposited with Customs (with a photocopy of the notice and letter of consent).
COPY 2 - retained by the exporter (consignor) for 2 years after the shipment following the date of export.
COPY 3 - mailed by the importer to the province/territory of origin after Part C has been completed and signed by the importer (consignee). The importer must send a photocopy to Environment Canada within 3 days after receiving the hazardous wastes.
COPY 4 - retained by the carrier for 2 years after the shipment following the date of import.
COPY 5 - retained by the importer (consignee) for 2 years following the date of import.
COPY 6 - mailed by the importer (consignee) to the Canadian exporter (consignor) after the shipment has reached its final destination (retained by the exporter for 2 years).

Imports (the importer must ensure that the distribution of the manifest is completed)

COPY 1 - mailed by the exporter (consignor) to the appropriate authority in the province/territory of destination within 3 days after the hazardous wastes have been taken by the carrier. A photocopy must also be sent to Environment Canada. A second photocopy accompanies the shipment and is deposited at Customs (with a photocopy of the notice and letter of consent).
COPY 2 - retained by the exporter (consignor) for 2 years after the shipment has reached its final destination following the date of import.
COPY 3 - mailed by the importer (consignee) to the province/territory of origin within 3 days after receiving the hazardous wastes. A photocopy must also be sent to Environment Canada.
COPY 4 - retained by the carrier for 2 years after the shipment has reached its final destination following the date of import.
COPY 5 - retained by the importer (consignee) for 2 years after the shipment has reached its final destination following the date of import.
COPY 6 - mailed by the importer (consignee) to the exporter (consignor) after the shipment has reached its final destination (retained by the exporter for 2 years).

Transits

A copy of the Canadian manifest with Parts A and B completed must be deposited at the border upon entry into Canada, and a copy must be deposited with Customs when leaving Canada.

Question: What exactly is a "Certificate of Disposal/Recycling"?

Answer: A "Certificate of Disposal/Recycling" must include the following information:

the name of the generator of the waste (the exporter in the case of an export, or the consignor in the case of an import);
the name of the receiver of the waste (the importer in the case of an import, or the consignee in the case of an export);
the quantity of waste to be disposed of;
the type of disposal/recycling operation (D or R option);
the Canadian manifest number; and
the Canadian notice number.

Question: Where can I obtain manifests in order to carry out my shipment?

Answer: In almost all cases, manifests are obtained from the authorities in the province of import or export for international, interprovincial (domestic shipments within Canada) and intraprovincial (shipments within the province) movements. If the waste or recyclable material does not require a manifest in the shipping province, it may be necessary to get the manifest from the receiving province.

Following the 1997 decision by the Québec Department of Environment and Wildlife to no longer provide manifests, alternative procedures have been implemented for shipments involving Québec. For shipments within Québec, photocopies of the manifest in Form 1, Schedule IV of the TDGR may be used. Some companies have also contracted with printers to have their own source of manifests for intraprovincial shipments in Québec.

The TMB will provide manifests only for international shipments under certain circumstances, such as for imports and exports to and from Québec, and in even fewer cases where the waste is not regulated by the province in question. An official request for manifests must be sent to Environment Canada by fax at (819) 994-4437. Based on the number of imports or exports completed over previous years, a reasonable number of manifests will be provided.

Question: Where do I indicate the notice reference number on the manifest?

Answer: The notice reference number should be referred to in the "Special Handling/Emergency Instructions" box. In addition to the notice reference number, you should include also the corresponding notice line number as set out in Box 10 in the notice: either 1, 2 or 3. This will assist in ensuring compliance with the total volume set out in the notice of consent.

Question: I have a valid permit to export (or import), but my next shipment will exceed the quantity I notified for on the notice. What can I do?

Answer: Exceeding the notified quantity approved would place the Canadian importer or exporter in non-compliance with the EIHWR and could result in enforcement action.

If you expect that any further shipment will exceed the quantity notified for and approved, you MUST contact Environment Canada immediately and apply for an amendment to your notice before the departure of any shipment that would exceed the permitted quantity.

Approval for a quantity amendment may take some time, as Environment Canada must verify that the country of import or province of import consents to the increase. Therefore, it is important that you keep track of the quantity of the shipments, so as not to exceed your original notified quantity.

Question: Where do I send Copy 1 and Copy 3 of the manifest for shipments coming into or going out of Canada?

Answer: The originals of manifest Copy 1 and Copy 3 MUST be sent to the appropriate provincial Ministry of Environment. Copies of manifest Copy 1 and manifest Copy 3 MUST be sent to Environment Canada's TMB.

Question: I plan to export hazardous waste using two different carriers to move hazardous wastes from my facility to the recycler in one trip. Do I need to use two manifests?

Answer: A manifest in accordance with the EIHWR, must be used for all exports and imports of hazardous waste, including transits through Canada.

For transboundary shipments under the EIHWR involving more than one carrier on a given continuous shipment, the following options are available when a hazardous waste is being transferred from the initial carrier to subsequent carriers without any changes to the initial quantity or packaging. Any changes to the quantity or packaging could result in modification of the original consignment and the information on the manifest copy.

Option 1

One manifest form is required for each carrier, although up to two rail-cars may be entered as one carrier.

Option 2

An acceptable alternative would be to attach a second page to the manifest, showing copies of the information block in Part B of the manifest. The use of this additional manifest page will allow each of the successive carriers involved to sign and date Part B of the manifest, as required by the EIHWR.

In order to save time, the consignor (exporter) may want to fill out some of the information in Part B for each of the carriers prior to the departure of the shipment. However, each carrier must ensure that the information is correct and then sign and date Part B when taking charge of the consignment.

In the case of Option 2, this additional page would be an integral part of the manifest and must be attached to the manifest photocopies that are required to be submitted to Canada Customs at border crossings and to Environment Canada at the time of departure and arrival of the hazardous waste shipment.

Question: I plan to ship hazardous waste from Canada to the United States. The waste I will be shipping is non-regulated on the American side of the border. How does this affect the manifesting of the waste?

Answer: The EIHWR govern the transboundary movements of hazardous waste. When exporting hazardous waste from Canada to the United States, the Canadian exporter is responsible for satisfying all the conditions prescribed under this federal regulation. The U.S. receiver must also meet whatever regulatory requirements exist on the American side of the border. However, Canadian law applies to Canadians, and U.S. law to Americans.

Even if the waste is non-regulated or exempt from the regulations on one side of the border, the other party is in no way absolved from satisfying all the conditions of its respective legislation.

The waste must be manifested from the generating facility in Canada, all the way to the receiver's facility in the United States. The classification of waste in another province or country does not in any way affect the way the waste is controlled under the EIHWR. The only difference, when the waste is non-regulated in the United States, is that there will be only one waste manifest-not two or more, as is the case when waste is regulated in all jurisdictions.

Definitions

Question: What is the definition of a hazardous waste?

Answer: In Canada, the definition of hazardous waste for the purpose of controlling transboundary movements destined for recovery or final disposal is given in Section 2.(1) of the EIHW Regulations. A waste can be classified as hazardous if it meets either part of the following definition:

those materials that would be waste dangerous goods (meeting one or more of the hazardous class criteria used to characterize the hazard) in accordance with the TDGR. The specific testing, criteria and protocols are set out in the TDGR;
any substance specified on the List of Hazardous Wastes as set out in Schedule III of the EIHWR.

Waste meeting either part of this definition is hazardous waste for the purposes of the EIHWR.

Question: I plan to ship hazardous waste from Canada to the United States. The present definition of waste in the TDGR does not apply to my material, because it is being returned directly to a manufacturer of the product for reprocessing. Is my waste material subject to export controls, and do I have to provide a notice under the EIHWR?

Answer: The answer to this question can be found in the EIHWR, which define "hazardous waste" as follows:

"...hazardous waste means a product, substance or organism that is intended for disposal or recycling, including storage prior to disposal or recycling, and that is

a) listed in Schedule III; or

b) included in any of classes 2 to 6 and 8 and 9 of the Transportation of Dangerous Goods Regulations, except a product, substance or organism that is

Although the material may be excluded under the TDGR, the second paragraph of the definition would apply if the waste material is found in Schedule III of the EIHWR and the waste exhibits or meets one of the hazard class criteria. Therefore, in order for a waste material to be excluded from control under the EIHWR, it must fail to meet both parts of the CEPA definition of "hazardous waste."

The EIHWR govern the transboundary movements of hazardous waste. When exporting hazardous waste from Canada to the United States, the Canadian exporter is responsible for satisfying all the conditions prescribed under this federal regulation, which includes providing a notice.

Question: Can brokers act as an exporter or importer of hazardous waste?

Answer: Brokers generally cannot act as exporters or importers. The only exception occurs when the movement of hazardous waste listed in Part I (C) or Parts III or IV of Schedule III of the EIHWR is destined for recycling in an OECD country or in the United States, and when the broker is a person who is in the business of buying hazardous waste for the purpose of selling it for recycling.

Question: I plan to import chlorofluorocarbons (CFCs) from the United States that have been removed from various refrigerant units and will be cleaned up so they can be used as refrigerants once again. Are CFCs subject to the EIHWR?

Answer: For the purposes of the EIHWR, ozone-depleting substances (ODSs)-such as CFCs used as refrigerants, or halons-that are destined for any recycling/recovery operations listed in Part II of Schedule I of the EIHWR, and that exhibit a hazard according to the hazard characteristic criteria set out under the TDGR, are considered hazardous waste. Many CFCs are gases for which criteria exist in the TDGR.

The operations listed in Part II, Schedule I, include (among others) clean-up or regeneration processes to remove impurities. However, once ODSs have undergone such a recycling process to make them usable again, they would no longer be considered a hazardous waste, particularly if the recovered material meets international purity standards.

Please note that all exports or imports of ODSs are also subject to the Ozone-Depleting Substances Regulations (ODSR). The ODSR control both products and wastes, and require a permit for the export or import of ODSs. Therefore, for CFCs and halons that are hazardous wastes, both a permit and a written confirmation are required, under the ODSR and the EIHWR respectively, to be in compliance with Canadian legislation.

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