Export and Import of Hazardous Wastes Regulations

This fact sheet has been created as a general overview of how the Export and Import of Hazardous Wastes Regulations (EIHWR) help Canada and the world manage hazardous waste effectively. More extensive information on the subject is available elsewhere on this web site.If more information is required than is available through the web site, please use the Contact Us link found on the black navigation bar at the top of this page. The link also appears at the end of this fact sheet.

On a per capita basis, Canada is one of the largest generators of wastes in the western world. Of the total of 38 million tonnes of wastes generated each year in Canada, approximately 6 million tonnes are hazardous.

To improve the management of hazardous wastes, the federal government has put in place an effective system to control the export and import of such wastes at border points.

The net effect of the EIHWR is threefold:

• they improve the overall management of hazardous wastes within Canada;
• they also enabled Canada to ratify the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which Canada signed on March 22, 1989; and
• they allowed Canada to fully implement the Organisation for Economic Co-operation and Development (OECD) Decision concerning the control of transboundary movement of wastes destined for recovery/recycling operations.

The Export and Import of Hazardous Wastes Regulations

The EIHWR under the Canadian Environmental Protection Act (CEPA) are the result of a two-track approach designed to deal both with hazardous wastes destined for final disposal, and with hazardous wastes destined for recycling/recovery operations. These regulations:

• in the case of exports, require mandatory prior notification of, and consent from, the importing country. In the case of imports, provincial consent will be obtained beforehand;
• implement a tracking system to ensure that, after shipping, hazardous wastes actually arrive at intended and authorized facilities, and are treated, disposed of or recycled as per the advance notice;
• prohibit exports of hazardous wastes to those countries that ban imports or are not party to the Basel Convention or a bilateral agreement with Canada (for example, the Canada-U.S. A. Agreement on the Transboundary Movement of Hazardous Wastes);
• require every importer or exporter to obtain insurance to cover environmental damage should an accident occur during the transboundary movement of hazardous wastes;
• require contingency plans for shipments which cannot be completed as planned on the notice, to prevent them from becoming "orphans";
• include simplified procedures for the transboundary movement of hazardous wastes destined for recovery/recycling facilities within the OECD area, based on the OECD three-tier system.

The enforcement and compliance policy under CEPA applies to these regulations. Strict penalties for non-compliance include fines of up to $1 million and jail terms of up to three years.

The Importance of Recycling

The control system, based on the OECD three-tier system for hazardous wastes destined for recovery/recycling facilities, recognizes the importance of recycling to the management of hazardous wastes. Environmentally and economically sound waste management practices promote the preventative aspects, such as Reduction, Re-use, Recycling and Recovery (the 4 "R's"), and also ensure safe handling, disposal and destruction of the remaining wastes. Recycling of wastes has been and will continue to be the cornerstone of the prevention program.

The recycling industry in Canada is playing an important role in ensuring that wastes that otherwise would have been disposed of, are being reused or substituted for virgin materials. This practice is encouraged since it provides opportunities for expanding recycling initiatives and, at the same time, ensures that recycling is carried out in an economically and environmentally sound manner.

Conclusion

The EIHWR ensure that transboundary movements of hazardous wastes destined for disposal, and hazardous wastes destined for recovery/recycling facilities, 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 human health and to the environment. They establish proper mechanisms for exports and imports of hazardous wastes, and at the same time ensure environmental protection and the economic viability of such shipments.

The EIHWR ensure that Canadian borders will continue to remain open to transboundary movements of hazardous wastes, especially those destined for recovery/recycling operations. They are consistent with international developments in the field, especially among OECD countries. Canada's EIHWR contribute significantly to the development of an overall, integrated approach to waste management.

For further information:

Transboundary Movement Branch
(819) 997-3377
E-mail: tmb@ec.gc.ca