Opening Statement to the Committee on the Environment and Sustainable Development

Chapter 4 - The Control Of The Transboundary Movement Of Hazardous Waste (April/October 1997 Report of the Auditor General)

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10 February 1998

Brian Emmett, Commissioner of the Environment and Sustainable Development


Today, modern industrialized economies like Canada's produce large amounts of hazardous wastes. A large and sophisticated industry, along with a regulatory regime, have grown up to ensure that these wastes are reused, recycled or disposed of in ways that do not harm human health or the environment. Proper disposal can be expensive, costing up to $10,000 dollars per truckload - but it is worth it to society to avoid the consequences of uncontrolled dumping.

Disposal of hazardous wastes operates on a global basis - we both import and export wastes to other countries, primarily the U.S. Over 600,000 tones of hazardous waste imports and exports cross Canada's borders each year, with more than half destined for recycling. Improper disposal of these hazardous wastes, such as used batteries, contaminated fuel, solvents, pesticides and medical waste, could jeopardize the quality of the environment and the health of Canadians.

Significant concerns exist that other countries - particularly in the developing world - may not have good ways of treating hazardous wastes. Therefore, Canada entered into an agreement - the Basel Convention - by which developed countries, globally, would try to prevent the export of hazardous waste to developing countries that might not have the facilities to handle it properly. Canada was motivated primarily by concern that our wastes not cause harm to people or the environment in vulnerable areas. Nor did we want Canada to become a destination for the uncontrolled dumping of hazardous wastes.

The work that is the subject of today's hearing was a departure for us. It was the first time we audited the implementation of a major international environmental agreement to which Canada was a signatory.

We found that domestic regulations to control the export and import of hazardous waste have been implemented and include features beyond what was required by the Basel Convention. We found that Environment Canada has made a good start in establishing the administrative mechanisms required by its own regulations. However, we also found that even though these regulations have been in place for over five years, Environment Canada has yet to vigorously enforce them. This is an important issue, given the volume of traffic, the incentives for illegal traffic and the potential risk to health, safety and the environment. To date, the chance of getting caught is minimal and the penalties have not been significant. Between 1988 and 1996 there was one case of a trial conviction in the three regions that have 99 percent of known imports of hazardous waste.

Environment Canada inspects only a small number of shipments detained at the border by Customs. For example, in the same three regions there was a total of only 21 border inspections in 1995-96, yet approximately 14,500 truckloads of hazardous waste crossed the border. During the same period a total of 12 samples were taken, and these were in one region only. Environment Canada lacks the expertise and equipment to test samples from suspect shipments. It is difficult to prosecute an offender without a sample for evidence.

There is little chance of detecting illegal traffic of hazardous waste at border points. If Customs officers at the border are to effectively identify shipments that they suspect contain hazardous waste, they need more training and there needs to be an increased inspection effort by Environment Canada.

It is even more difficult to detect the presence of hazardous waste at rail yards or marine ports. At the marine ports of Montreal and Vancouver, virtually no containers coming into the country are inspected for a potentially illegal shipment of hazardous waste. And relatively fewer rail containers are examined, whether imports or exports.

What can be done to improve enforcement?

There are practical measures that could be taken today to improve the government's enforcement effort. For example, Environment Canada has agreed that there is a need to make better use of intelligence data to profile and target potentially illegal traffic. We were consistently advised by Revenue Canada that it has the capacity to effectively use Environment Canada's information, if only it were provided. Environment Canada, Revenue Canada and the RCMP have together agreed that there is an urgent need to better co-ordinate federal enforcement efforts.

Ten months have passed since our audit. This hearing provides an opportunity to review the extent to which the commitments made by departments in their responses to our chapter are being translated into concrete action. Thank you Mr. Chairman.