CEPA 1999 Regulations

Environment Canada (EC) is modernizing the federal regulatory framework related to the movements of hazardous waste and hazardous recyclable material. EC is also planning to develop a regulatory framework for the international movement of non hazardous waste. This regulatory work is done pursuant to the Canadian Environmental Protection Act, 1999 (CEPA 1999). Pertinent information regarding ongoing consultations is available through the CEPA Environmental Registry at URL: www.ec.gc.ca/CEPARegistry/participation, or under each specific regulation.

The following provides information on the regulatory initiatives as well as on other federal regulations pertaining to waste.

	Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations
	PCB Waste Export Regulations
	Development of regulatory provisions for the Export and Import of Non-Hazardous Wastes
	Regulations for the Inter-Provincial Movements of Hazardous Waste and Hazardous Recyclable Material
	Hazardous Waste Management in the Federal House

1. Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

The Export and Import of Hazardous Wastes and Hazardous Recyclable Material Regulations (the Export and Import Regulations) under CEPA 1999 revoked and replaced the former Export and Import of Hazardous Waste Regulations (EIHWR).The Export and Import Regulations were published in part II of the Canada Gazette in June 2005, and came into force on November 1, 2005.

The Export and Import Regulations were necessary to contribute to the protection of the environment and human health, to adapt to evolving international obligations, to implement authorities introduced under CEPA 1999 and to modernize the former control regime established in 1992.

The Export and Import Regulations continue to ensure that transboundary movements of hazardous wastes and hazardous recyclable material are handled in an environmentally sound manner. By requiring that transboundary movements be directed to environmentally acceptable disposal or recovery/recycling operations, the Regulations reduce risks to the environment and human health. The Regulations implement the prior informed consent mechanisms for exports, imports and transit of hazardous wastes and hazardous recyclable materials.

The Export and Import Regulations are consistent with Canada's international obligations regarding transboundary movement of hazardous wastes and recyclables, including the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989 (ratified by Canada in 1992), the Organisation for Economic Co-operation and Development (OECD) Decision of Council on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, C(2001)107, June 2001, and the Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Wastes, 1986 (as amended in 1992). The text of the Export and Import of Hazardous Wastes and Hazardous Recyclable Material Regulations can be found at URL: http://www.ec.gc.ca/ceparegistry/documents/regs/g2-13911_r1.pdf.

2. PCB Waste Export Regulations

The PCB Waste Export Regulations, 1996 (PCBWER) allow Canadian owners of PCB waste to export such wastes to the United States for treatment and destruction (excluding landfilling) when these wastes are in concentrations equal to or greater than 50 parts per million. The Regulations require that advance notice of proposed export shipments be given to Environment Canada. If the PCB waste shipment complies with the Regulations for the protection of human health and the environment, and authorities in any countries or provinces through which the waste will transit do not object to the shipment, a permit is sent from Environment Canada to the applicant authorizing the shipment to proceed.

3. Development of regulatory framework for the Export and Import of Non-Hazardous Wastes

A regulatory framework is being developed to protect the environment from risks posed by uncontrolled export and import of non-hazardous wastes destined for final disposal. Consistent with Canada's international obligations, the regulatory framework would control the export from and imports into Canada of these wastes. The proposed regulatory framework will likely include mechanisms for notification and prior informed consent, and tracking.

As part of the development of this framework, stakeholder consultations were held across the country in spring 2000. Subsequently, an options paper, "Development of Regulatory Options for the Export and Import of Prescribed Non-Hazardous Wastes Destined for Final Disposal", was prepared and a second round of consultations was held early in 2001. The "Development of Regulatory Options for the Export and Import of Prescribed Non-Hazardous Wastes Destined for Final Disposal: Options Paper" can be found at URL: http://www.ec.gc.ca/CEPARegistry/documents/part/RepFinDisp.cfm.

EC is planning a final public consultation on the details of the regulatory proposal in 2006.

4. Regulations for the Inter-Provincial Movements of Hazardous Waste and Hazardous Recyclable Material

The Interprovincial Movement of Hazardous Waste Regulations (the Interprovincial Regulations) maintain the tracking system for movements of hazardous waste and hazardous recyclable material between provinces and territories, formerly set out in the Transportation of Dangerous Goods Regulations.

The Interprovincial Regulations are currently being reviewed to ensure consistency with the Export and Import Regulations namely regarding the definitions of hazardous waste and hazardous recyclable material and the movement document.

5. Hazardous Waste Management in the Federal House

The draft Federal Hazardous Waste Regulations consulted on in early 2002 have not been finalized. Environment Canada is considering a revision to the strategy for the development of the Federal Hazardous Waste initiative to ensure the most efficient approach to the management of hazardous waste in the Federal House.