Vol. 138, No. 12 — March 20, 2004

Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

Statutory Authority

Canadian Environmental Protection Act, 1999

Sponsoring Department

Department of the Environment

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

The purpose of the proposed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (hereafter referred to as the proposed Regulations) to be adopted under section 191 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) is to protect Canada's environment and the health of Canadians from the risks posed by the transboundary movement of hazardous wastes and hazardous recyclable materials through exports from and imports into Canada and to implement Canada's international obligations. The proposed Regulations will revoke and replace the Export and Import of Hazardous Wastes Regulations (EIHWR) adopted in 1992 under the authority of the former Canadian Environmental Protection Act.

The proposed Regulations revise existing EIHWR obligations and introduce new elements. These revisions and new elements are necessary to further contribute to the protection of the environment and human health, to adapt to evolving international obligations, to incorporate new authorities under CEPA 1999, and to modernize the EIHWR control regime established over a decade ago. The most significant revisions and new elements include

— separate definitions for "hazardous waste" and "hazardous recyclable material";

— a definition of hazardous waste and hazardous recyclable material that will enable progress toward a federal-provincial-territorial harmonized approach to the management of hazardous waste and hazardous recyclable material;

— the definitions of hazardous waste and hazardous recyclable material that will enable Canada to prohibit the export of wastes or recyclable materials when informed by a Basel Party in accordance with the Basel Convention, or by the United States, that although the waste is not included on the Basel lists, it is considered hazardous under the legislation of that country and the country has prohibited its import or transit;

— specific time periods for completing the disposal or recycling operations once the hazardous wastes or hazardous recyclable materials are accepted at the authorized facilities;

— criteria that the Minister will take into account, prior to refusing to issue an export, import and transit permit, to form an opinion as to whether the hazardous waste or hazardous recyclable material will be managed in a manner that will protect the environment and human health;

— elements to be contained in the plans for reduction or phase out of exports of hazardous wastes destined for disposal;

— facilitation of recycling, by excluding from the definition of hazardous recyclable material certain low-risk recyclable materials, and by extending the $1-million liability insurance requirement for Canadian importers and Canadian exporters to movements of hazardous recyclable materials (the current requirements are $1 million for movement of hazardous recyclables within the Organisation for Economic Co-operation and Development [OECD], and $5 million for movements of hazardous recyclables to non-OECD countries, in contrast with the $5 million required for movements of hazardous wastes); and

— a new manifest form that is based on the information elements of the OECD movement document. This form will replace the existing manifest to distinguish international movements from domestic movements, and will contain additional information necessary for these movements.

The proposed Regulations maintain the following requirements of the existing EIHWR:

— the prior informed consent mechanism where the receiving country agrees in advance to any shipments;

— the tracking of all transboundary movements of hazardous wastes and hazardous recyclable materials from the facility from which it is shipped to final destinations, and the written confirmation of disposal or recycling when completed;

— the prohibitions on exports of hazardous wastes and hazardous recyclable materials to Antarctica or countries that prohibit their imports;

— conditions governing who is permitted to import or export;

— the recycling of hazardous material and disposal of hazardous waste only at authorized facilities;

— the requirements for contracts between importers and foreign exporters, and between exporters and foreign receivers;

— the requirements for liability insurance and what insurance coverage is required;

— the obligations to make alternative arrangements or arrange for returns when shipments are not accepted at the intended authorized facility in the country of import. The exporter may dispose of the hazardous waste or recycle the hazardous material at an authorized facility other than the one named in the permit in the country of import or arrange for the return of the waste or the recyclable material to the facility in Canada from which it was shipped; and

— the requirement that imports, exports and transits are only allowed with countries that are parties to one of the three agreements.

Although the proposed Regulations maintain the core framework of the existing EIHWR, the structure and the language of the proposed Regulations is substantially changed from the existing EIHWR, which provides for a greater clarity of the legal requirements.

Environment Canada still intends to issue a 30-day tacit consent for hazardous recyclable materials, and allow for the application for pre-approved recycling facilities for hazardous recyclable materials that are exported to, or imported from, a country that is party to the OECD Decision C(2001)107/Final, in addition to the 30-day tacit consent for hazardous wastes and hazardous recyclable materials under the Canada-USA Agreement. Provisions have not been included in the proposed Regulations, as it has been determined that they can be best addressed administratively.

Background

Canada's international obligations

Over the last decade, various modifications to Canada's international obligations on transboundary movements of hazardous wastes and hazardous recyclable materials have emerged. Canada is a Party to three international agreements relating to wastes and recyclable materials, namely

1. the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989;

2. the OECD Decision of Council Concerning the Control of Transboundary Movements of Wastes Destined for Recovery Operations, C(92)39/Final, 1992, as amended and replaced by C(2001)/107/Final; and

3. the Canada-United States Agreement Concerning the Transboundary Movement of Hazardous Wastes, 1986 (as amended in 1992).

On August 28, 1992, Canada ratified the Basel Convention (the Convention). The Convention controls the transboundary movements of hazardous wastes and hazardous recyclable materials, and promotes their environmentally sound management. In 1992, Canada complied with its international obligations by bringing the EIHWR into force.

Since March 1992, the transboundary movements of hazardous wastes destined for recycling operations between Member countries of the OECD have been supervised and controlled according to Council Decision C(92)39/Final. The OECD Decision provides a framework to control transboundary movement of hazardous recyclable materials within the OECD area, in an environmentally sound and economically efficient manner.

The Canada-USA Agreement, which came into effect in 1986 and was later amended in 1992, is intended to ensure that hazardous waste and municipal solid waste destined for final disposal crossing the Canada-U.S. border comply with each country's domestic law and the provisions of the Agreement. It confirms basic principles recognized by both countries for the proper control of transboundary movements of hazardous wastes and other wastes, including a prior informed consent regime.

During the past 10 years, various modifications have been made to the three international agreements on transboundary movements of hazardous wastes and recyclable materials. The most significant ones are discussed below.

In February 1998, Parties to the Convention adopted an amendment to add two new detailed wastes lists to the Convention: the hazardous waste list (Annex VIII) and the non-hazardous waste list (Annex IX), which entered into force on February 27, 1999.

The adoption of the new waste Annexes under the Convention was the driver behind the revisions to the OECD Decision C(92)39/Final. Recognizing the need to revise procedures and requirements and enhance harmonization with the Convention, the Parties adopted the Council Decision C(2001)107/Final in 2001.

The revised OECD Decision modified the controls for hazardous recyclable material and reduced three levels of control down to two: controlled and not controlled. The revised OECD Decision represents a risk-based approach in determining levels of controls for hazardous recyclable materials, while the approach under the Convention takes into account hazard characteristics. Therefore, Parties to the OECD Decision have determined that certain recyclable materials pose negligible risks for the environment and human health during their transboundary movement within the OECD area, and do not require controls during their transboundary movement. If, however, these recyclable materials are contaminated by other materials to an extent that increases risk to the environment or prevents the recycling of the materials in an environmentally sound manner, they must comply with the requirements for the controlled category of hazardous recyclable materials during their transboundary movement.

The revised OECD Decision does impose a general requirement that all recyclable materials, including those that are not controlled, must be recycled at an authorized facility. This is to ensure that the recycling will take place in an environmentally sound manner according to national laws, regulations and practices, in addition to other existing controls normally applied in commercial transactions.

In line with the revised OECD Decision, the definition of "hazardous recyclable material" in the proposed Regulations excludes four streams of recyclable materials that are not controlled within the OECD. These four streams of recyclable materials are controlled, however, if they are contaminated by other materials to an extent that increases risks to the environment or prevents the recycling of the materials in an environmentally sound manner.

In 1999, the OECD started working toward the development of an international Environmentally Sound Management (ESM) guideline to improve and harmonize the environmental practices of hazardous waste management facilities in OECD countries. Workshops were held in order to elaborate and develop the elements of an ESM framework. This work was used as the basis to develop the criteria in the proposed Regulations, through which the Minister can refuse to issue a permit if he or she is of the opinion that the hazardous waste or hazardous recyclable material will not be managed in a manner that will protect the environment and human health.

National context

In Canada, the federal, provincial and territorial governments have the authority to set controls to manage hazardous wastes and hazardous recyclable materials. The federal government regulates the transboundary movements of hazardous wastes and hazardous recyclable materials (i.e. exports from and imports into Canada as well as interprovincial/territorial movements). The provincial and territorial governments establish the controls for the licensing of hazardous wastes and hazardous recyclable material generators, carriers and treatment facilities, as well as regulating intraprovincial movements. The common objective for each government jurisdiction is to ensure that these wastes and recyclable materials are handled safely and in a manner that protects the environment and human health.

Since 1992, the volume of hazardous wastes and hazardous recyclable materials exported from Canada has slightly increased, due largely to increased recyclable materials going to the United States for recycling. Imports to Canada reached an all-time high in 1999. The 1999 statistics revealed that the rate of increase in imports is explained by the difference in standards for pretreatment of waste within Canada, by differing environmental liabilities between Canada and the United States, and by the lower Canadian dollar. In 2000, federal, territorial and provincial ministers initiated work on implementing ESM practices for handling hazardous wastes and hazardous recyclable materials within their jurisdictions. As a result, imports have declined between 2001 and 2003.

The Canadian Council of Ministers of the Environment have identified numerous opportunities to move toward harmonization of the relevant federal-provincial-territorial regimes, particularly in defining what is a "hazardous waste" and "hazardous recyclable material."

On March 31, 2000, CEPA 1999 came into force. CEPA 1999 includes new authorities with respect to hazardous wastes and hazardous recyclable materials that did not exist under the former CEPA. Some of the most noteworthy are as follows:

— to prohibit exports, imports or transits of wastes and recyclable materials where required by Canada's international obligations;

— to develop criteria to assess the ESM of transboundary wastes and recyclable materials, and to refuse permits for exports, imports or transits if these criteria are not met;

— to issue permits for the "equivalent level of environmental safety," allowing for variances from the regulations under specific conditions; and

— to require the preparation and implementation of plans to reduce or phase out exports of wastes destined for final disposal.

Prior to 2002, the tracking requirements for hazardous wastes and hazardous recyclable materials were under the Transportation of Dangerous Goods Regulations (TDGR), made pursuant to the Transportation of Dangerous Good Act, 1992. The introduction in CEPA 1999 of a new authority to control the movement of hazardous wastes and hazardous recyclable material signalled the intent of the Government of Canada to transfer this authority from the Transportation of Dangerous Goods Act. In August 2002, the manifest-tracking requirements were removed from the TDGR. Simultaneously with this repeal, amendments to the EIHWR with respect to the tracking of exports and imports of hazardous wastes and hazardous recyclable materials through the use of a manifest system came into force.

Environment Canada considered further improvements to the EIHWR to further protect the environment and human health, and to provide greater clarity to the regulatory regime for export, import and transit of hazardous wastes and hazardous recyclable materials. Canada's evolving international obligations, as well as the broader scope of the export, import and transit provisions of CEPA 1999, led Environment Canada to develop the proposed Regulations.

The proposed Regulations will come into force on the day they are registered.

Alternatives

Three major categories of alternatives were examined: (1) to maintain the status quo with the existing EIHWR; (2) the use of non-regulatory instruments; and (3) to modernize the regulatory regime.

1. Maintain status quo

The option of maintaining the status quo with the existing EIHWR was rejected, because the Regulations needed to be modernized in response to evolving national and international obligations, as discussed above. The regulatory regime had been in place for over a decade, and experience had shown that the administrative requirements needed to be streamlined to enhance its efficiency and effectiveness.

2. Use of non-regulatory instruments

By ratifying the Basel Convention, Canada committed to fulfilling the obligations set out in this international Convention. The Convention requires Parties to implement obligations on exports, imports, and transits of hazardous wastes and hazardous recyclable materials, and the only way to do so in a compulsory manner is through legislation and regulations. Hence, non-regulatory instruments were excluded from possible options by the nature of the international requirements.

3. Modernize the regulatory regime

Hazardous wastes and hazardous recyclable materials management within Canada has evolved. Progress has been made in the past 10 years with respect to pollution prevention and the strengthening of legislative authorities for wastes and recyclable materials management under CEPA 1999. In addition, modifications to the international agreements on transboundary movements of hazardous wastes and hazardous recyclable materials have emerged. Action is required to strengthen the controls of the transboundary movements of wastes and recyclable materials, implement CEPA 1999 authorities that require regulation, adapt to the changes in the international agreements, and modernize a control regime that has been in place for over a decade. As previously mentioned, the Basel Convention specifies that Parties have to set conditions through regulations for exports, imports, and transits of hazardous wastes and hazardous recyclable materials. For these reasons, regulations under CEPA 1999 were determined to be the most appropriate implementation mechanism.

Benefits and costs

The proposed Regulations are designed to bring changes that are built around the existing core framework outlined in the EIHWR, as previously outlined above.

Benefits

In the case of hazardous wastes and hazardous recyclable materials handling, damages, such as the contamination of ground water or surrounding soil, can be generated from poor management and inefficient practices. Setting out ESM criteria for the Minister to consider when refusing to issue a permit will strengthen the current controls to further protect the environment and human health. In addition, it is expected that prescribing the information which must be contained in plans to reduce the exports of hazardous wastes destined for final disposal will lead to better management of wastes in Canada and potentially increased recycling instead of disposal. The proposed Regulations exclude from their definition of hazardous waste certain low-risk recyclable materials destined for recycling, if they meet certain elements set out in the definition. This will enhance the protection of the environment by promoting the recycling of valuable resources. This will also result in cost savings to the industry.

Total incremental benefits to the industry were quantified by conducting a survey of organizations involved in the export and import of hazardous wastes and recyclable materials. The survey data results were used to estimate incremental benefits accrued mainly from cost savings to the industry, by adopting a streamlined approach under the proposed Regulations. The cost savings are in the form of

— streamlining the regulatory framework by including electronic filing of notice and manifest forms;

— exempting small quantities of hazardous wastes and hazardous recyclable materials from the Regulations;

— submission by exporters and importers of proof of insurance (insurer name and policy number) as opposed to a certificate of insurance or the entire policy with shipments;

— removal of restrictions on the number of hazardous wastes or hazardous recyclables streams to be identified in each notice;

— an expedited renewal mechanism for notices and permits if shipments are materially unchanged;

— presentation of the manifest and permit (not the notice) at the border;

— clearer rules on returns and rerouting of imports; and

— streamlined manifest procedures for recyclers for shipments from OECD countries.

Table 1, below, provides an estimate of cost-savings breakdown per year per firm. The survey questionnaire used to estimate the cost savings was based on 30 responses representing organizations across Canada, and in aggregate accounted for more than 42 percent of annual shipments of hazardous wastes and recyclable materials. These cost savings vary among individual firms or regions, but on average, using a 5 percent discount rate and a 5-year time horizon, the total aggregate present value of such cost savings (perceived as benefits) to the industry is estimated at about $3.07 million. Using 3 percent and 7 percent discount rates, the value of these direct benefits to the industry is assessed at approximately $3.19 and $2.97 million, respectively. This indicates that benefits are not significantly sensitive to a change in the discount rate.

Table 1. Estimated cost savings ($/firm/year)

Incremental environmental and human health benefits accruing from the proposed Regulations are a significant part of the benefits. However, because it would be necessary to isolate them from the existing EIHWR, their quantification is technically very difficult. However, there are established linkages between the proposed changes and associated benefits to the environment and human health by streamlining and improving the controls of transboundary movements of hazardous wastes and hazardous recyclable materials. Reducing the risk of damage to the environment and human health are of primary importance, particularly in handling hazardous wastes and hazardous recyclable materials. These benefits are represented not only in the reduction of monetary costs associated with improvement in environment or human health, but also through the reduction in risk of damage occurring as outlined above, and in the value that can be achieved through recycling rather than through export for disposal. Potential damages from the mismanagement of transboundary movements of hazardous wastes and hazardous recyclable materials include

— ground water contamination;

— damages to vegetation and to aquatic life; and

— damage to human health.

Many of the hazardous wastes and hazardous recyclable materials can pose a threat to water, vegetation and human health if released into the environment. Impacts on human health can vary, depending on the substances that may be part of the particular type of wastes to which a person may be exposed. Exposure can be by skin contact or by ingestion of contaminants. The risk to human health associated with hazardous wastes and hazardous recyclable materials depends on exposure and toxicity. Other benefits include the avoidance of personal injury or death, property damage, response and clean-up costs.

In addition, there are also other unquantifiable benefits resulting from improved environmental protection related to the incorporation of the broader authorities for the export, import and transit of hazardous wastes and hazardous recyclable materials under CEPA 1999, as well as meeting Canada's international obligations. These include the ESM criteria and the Minister's authority to refuse to issue a permit if he or she is of the opinion that a proposed shipment of hazardous wastes or hazardous recyclable materials will not be managed in an environmentally sound manner and may pose an adverse effect on the environment and human health. There was no authority under the previous CEPA to create such criteria.

Costs

The proposed Regulations contain a number of elements that may lead to increases in costs for the hazardous waste recycling and disposal industry involved in the import and export of hazardous wastes and hazardous recyclable materials. A survey questionnaire was also used to elicit the information about the potential compliance cost increases by the organizations involved in the export and import of hazardous wastes and hazardous recyclable materials. In the questionnaire, increases in costs were evaluated in the following areas:

— the new requirement that the export or import must be disposed of or recycled within one year;

— ensuring that facilities are operated in an ESM; and

— in the case of exports for disposal, a statement will be required that options for minimizing waste and engaging in recycling have been examined.

It is important to note that the proposed Regulations do not require exporters and importers to submit a declaration that an ESM system is in place. However, it is expected that the industry will be diligent in ensuring that facilities are operating in an ESM, and, accordingly, it may incur costs.

The respondents indicated that there were costs associated with identified proposed regulatory requirements. The survey data results for these compliance cost items are summarized in Table 2 below.

Table 2. Compliance costs to industry ($/firm/year)

^*One-time cost only

The data in Table 2 show that the above elements generate compliance cost increases for firms. Using these data and aggregating them at the national level, the total cost increase for the industry, for the first year of the proposed Regulations, is estimated to be about $0.93 million. The ESM costs are one-time costs only. Excluding ESM costs, other costs in subsequent years are estimated to be about $0.17 million. Using a five-year time horizon and a discount rate of 5 percent, the discounted value of these incremental costs, following the introduction of these new regulatory requirements, is estimated at approximately $1.55 million. Using discount rates of 3 percent and 7 percent, the present values change to about $1.52 million and $1.58 million, respectively, indicating that the estimated costs are not significantly sensitive to variations of discount rates.

In addition, costs accrued to the federal government to implement and enforce the new elements of the proposed Regulations were estimated. These incremental costs are related to the implementation and enforcement of the proposed Regulations. Elements related to the implementation fall into the following categories:

— compliance promotion;

— applying the ESM criteria;

— plans for reduction or phase-out of the export of wastes for final disposal; and

— administrative streamlining and database improvement.

It was estimated that the annual costs for the implementation and enforcement of the new elements of the proposed framework were approximately $1.14 million the first year, $0.76 the second year, and $0.62 million in subsequent years. The annual enforcement costs were estimated at $0.98 million the first year, decreasing to $0.63 million in subsequent years. The discounted value of the implementation and enforcement costs of the new elements of the proposed framework was approximately $3.74 million, of which $3.20 million are required for enforcement. The discounted value was calculated over the same five-year time horizon used for benefits. Similarly, sensitivity results (by changing the discount rate to 3 percent and 7 percent) showed little difference in such costs.

The new elements of the proposed Regulations that will require inspection and other enforcement activities are verification of the following:

— compliance with the time periods for completing disposal or recycling operations once the hazardous waste or hazardous recyclable material, as the case may be, has been accepted at the authorized facility;

— the accuracy of the information contained in the confirmation of disposal or recycling, as the case may be, that are required to be submitted to the Minister within 30 days of the completion of the disposal or recycling operation;

— compliance with the elements of the plans for reduction of export of hazardous wastes that are being shipped outside Canada for final disposal;

— the accuracy of the information provided to the Minister, which take into account the ESM criteria set out in the proposed Regulations and allow the Minister to determine whether to refuse an export, import or transit permit; and

— whether or not the insurance held by an exporter or importer, as the case may be, does meet the liability insurance requirements of the proposed Regulations.

Section 190 of CEPA 1999 allows the Minister to grant Permits of Equivalent Level of Environmental Safety (PELES) that replace the requirements of a regulation made under section 191 with other terms and conditions, as long as the Minister is satisfied that these variances will provide a level of environmental safety that is equivalent to that which would exist under the proposed Regulations. The authority to grant such permits was previously under the Transportation of Dangerous Goods Act. Under CEPA 1999, the Minister may receive application for such permits, and inspections and other enforcement activities to verify compliance with the PELES and to deal with non-compliance identified through those inspections will be required.

In addition, inspections may later require further follow-up for reasons such as ensuring that an alleged violation has been corrected or that measures set out in an environmental protection compliance order have been complied with. Enforcement costs also need to take into account investigations of alleged violations and prosecution, in addition to inspections to verify compliance with court orders that may be issued by a judge following the conviction of an offender.

Environment Canada has been carrying out an increased level of enforcement activity with respect to the current Regulations, for which resources have been allocated. This increased level of enforcement activity will be maintained under the proposed Regulations. This is required mostly to enhance security at the Canadian border related to the transboundary movements of wastes and recyclable materials.

Based on this estimation, the aggregate cost, including the cost of compliance by the industry and the cost to federal government, was estimated at approximately $5.29 million.

Non-allocative impacts

Non-allocative impacts of the proposed Regulations, such as transfers within society, resulting for example from price changes; disproportionate burdens on particular groups in society, including employment impacts and other impacts differentiated by income level, region, or size of firm; changes in the degree of competition in the Canadian marketplace; and impacts on the competitiveness and trade were also considered. There may be some non-allocative impacts with the provisions of the proposed Regulations, but an overall impact does not appear to be significant.

There appears to be no evidence of impacts on sales revenue, employment, extent of competition in Canadian marketplace and regional distribution, competitiveness and trade. Such impacts will be either minimal or negligible. However, to the extent that there are economies of scale in complying with the proposed Regulations, smaller firms or some regions may be at somewhat of a disadvantage. Overall, there appears to be no evidence suggesting any impacts.

Conclusion

Precise estimates of the economic impacts of the proposed Regulations are difficult to quantify, particularly the benefits of risk reduction in environment and human health (by adopting ESM criteria, export reduction plans, strengthening Canada's compliance with international obligations) and increase in efficiency (by streamlining the administrative requirements for the transboundary movement of hazardous wastes and hazardous recyclable materials). However, other quantifiable benefits in the form of cost saving to the industry are $3.07 million. These quantified benefits do not represent the entire value of benefits, as they do not take into account all quantified benefits that would be generated. The net quantified benefits of the proposed Regulations are estimated at about -$2.22 million. However, it is estimated that if other benefits were quantified, the proposed Regulations would generate an overall positive net benefit to society.

Consultation

Three rounds of consultations were held in 2001, 2002 and 2003 respectively. During each round, a series of multi-stakeholder sessions were held at different locations across the country (in 2001: Moncton, Montréal, Edmonton and Vancouver; in 2002 and 2003: Halifax, Calgary, Toronto, Montréal and Vancouver). In each round, the attendees included representatives from environmental non-governmental organizations (ENGOs), industry, carriers, hazardous wastes management companies and other government departments (including Transport Canada, Natural Resources Canada, Industry Canada, Health Canada, and the Department of Foreign Affairs and International Trade). Throughout the consultations, a number of common themes emerged. These included harmonization, linkages to other federal policies, the recyclable dynamics, usability and simplicity of regulations, community right to know and focus on enforcement activities.

The consultations process, which began in 2001, was designed to take place prior to Environment Canada having formulated its own policy choices on the key elements surrounding the revisions to the EIHWR. The main objectives of the first round of consultations were to inform stakeholders and interested groups of the key issues being addressed in the EIHWR amendments, in addition to seeking and collecting their input on these issues and any additional concerns.

The main objectives of the second round of consultations were to review and solicit feedback on the direction of the proposed Regulations and to generate consensus on major issues. There were a number of common issues that the majority of participants expressed including the need

— for the proposed Regulations to better facilitate and promote recycling;

— to differentiate the regulatory regimes for hazardous waste and hazardous recyclable material;

— to revisit liability and insurance levels;

— to further develop issues concerning export reduction plans; and

— to clarify ESM and potential application to the proposed Regulations.

The purpose of the third round of consultations, in early 2003, was twofold:

— to present and obtain feedback on a fairly comprehensive set of proposed revisions to the existing regulatory regime; and

— to discuss and refine options to address a small number of outstanding issues related to the proposed Regulations.

The following were the major aspects of discussions during these consultations with general feedback from the participants:

— definitional issues/scope of proposals;

— balancing privacy of corporate information with the public's right to know;

— ESM;

— controls on low-risk recyclables; and

— plans for the reduction or phase out of the export of hazardous wastes destined for disposal.

Some stakeholders expressed concern over the use of lists to identify hazardous wastes and hazardous recyclable materials. Environment Canada indicated that small- and medium-sized enterprises are often not able to afford the cost of testing for hazardous properties. The proposed definitions of "hazardous waste" and "hazardous recyclable material" use both a listing approach and hazardous-property criteria. The proposed Regulations use listings preferentially, followed by hazardous property testing. This approach is consistent with both the Basel Convention and the OECD Decision C(2001)107/Final. In addition, the proposed list of hazardous wastes and hazardous recyclable materials was reviewed to ensure compatibility to the greatest extent possible with the controls in the United States, since more than 95 percent of the trade in hazardous wastes and hazardous recyclable materials is with the United States.

The purpose of ESM is to ensure that hazardous wastes and hazardous recyclable materials are managed in a manner that will protect the environment and human health against adverse effects that may result from such wastes and materials. There was general agreement on the concept of ESM but there were concerns that the requirements in the proposed Regulations, which were presented at the consultations, would represent an important administrative burden to stakeholders for minimal environmental benefit, given that most movements already meet the criteria of ESM. The provinces and territories are also in agreement with the general concept and need for ESM, but expressed concern about how the criteria would be applied given the shared jurisdiction of the provinces and territories in the management of wastes and recyclable materials and their authority over facilities. The proposed Regulations do take into account this shared jurisdiction and require, as a condition that is separate from the ESM criteria, that facilities must be authorized by the jurisdiction in which they are located. ENGOs expressed concern that the proposed ESM criteria were process-oriented rather than performance-based and were therefore not likely to result in any real changes in industrial practices. The proposed Regulations list the various criteria the Minister may consider when deciding whether to refuse to issue a permit under subsection 185(2) of CEPA 1999. These criteria are based on the work being done internationally by the OECD and on comments from public consultations. However, the main purpose of the proposed Regulations is to control the transboundary movements of hazardous wastes and hazardous recyclable materials, and, as such, the ESM criteria do not set performance standards for facilities.

ENGOs also indicated that Canadians ought to have prior knowledge of hazardous wastes and hazardous recyclable materials movements through their communities. They indicated that this would need to be true of returns and re-routing as well. Industry representatives, while not opposed to some form of prior publication, expressed concerns that the information requested may be confidential in nature. This issue is best addressed administratively.

Some stakeholders indicated that they would like to see exemptions directly in the Regulations for certain categories of low-risk recyclable materials that are valuable secondary feedstocks for the recycling industry. Environment Canada reviewed the proposal and the fact that some of these low-risk recyclable materials are not controlled as hazardous under the revised OECD decision unless they are contaminated by other materials to an extent which increases the risk associated with the waste or prevents the recovery of the waste in an environmentally sound manner. In the United States, these materials are exempt when they are destined for recycling. The definition of "hazardous recyclable material" in the proposed Regulations effectively excludes certain low-risk recyclable materials from being regulated if they met the elements set out in the definition. The nature of the definition, together with certain other provisions, is expected to promote sustainable recycling, thereby enhancing the protection of the environment by promoting recycling of valuable materials.

With respect to export-reduction plans, some stakeholders expressed doubt over the ability of the requirements to impact behaviour and result in export reductions. Some stakeholders suggested that the export-reduction requirements would increase the overall administrative burden and would provide minimal environmental benefits. The export-reduction-plan provisions of the proposed Regulations have been modelled on provisions related to disposal at sea and contain elements from the pollution-prevention-planning provisions in Part 4 of CEPA 1999. The provisions seek to have export for final disposal to be considered as a last resort, rather than the first option. The Department is taking into account the burden on industry; hence, the information required in an export-reduction plan are the minimum necessary to secure a genuine reduction, while still allowing for consideration by exporters of the benefits of the most appropriate disposal facility, even if outside Canadian boundaries.

Over the summer and fall 2003, further discussions took place with the provinces and territories via the CEPA National Advisory Committee and the Canadian Council of Ministers of the Environment. Discussions addressed the definitions for "hazardous waste" and "hazardous recyclable material," criteria for ESM, and the management of low-risk recyclable materials. The input from the provinces and territories was taken into account in the development of the proposed Regulations to ensure harmonization to the extent possible with the provinces and territories' approach for the management of hazardous wastes and hazardous recyclable materials.

In summary, the proposed Regulations were developed with input from extensive consultations with stakeholders. Overall, there is a good level of support for this initiative. The majority of industry stakeholders support the proposed Regulations, as it exempts certain low-risk recyclable materials and streamlines the administrative requirements. The provinces and territories are in agreement that the proposed approach on the definition for "hazardous waste" and "hazardous recyclable material" will enable progress toward a federal-provincial/territorial harmonized approach to the management of wastes and recyclable materials, ESM and low-risk recyclable materials. The provinces and territories also support the concept of ESM; however, they are concerned with its implementation. ENGOs have concerns with some elements of the proposed Regulations, namely the ESM criteria. They are also of the view that Canadians should be informed of recyclable shipments prior to the occurrence of these shipments.

Compliance and enforcement

As the proposed Regulations will be promulgated under CEPA 1999, enforcement officers will, when verifying compliance with the proposed Regulations, apply the Compliance and Enforcement Policy implemented under the Act. The Policy outlines measures designed to promote compliance, including education, information, the promotion of technology development, and consultation on the development of the proposed Regulations. The Policy also sets out the range of possible responses to violations, including warnings, directions, and environmental protection alternative measures (which are an alternative to a court trial after the laying of charges for a CEPA 1999 violation). In addition, the Policy explains when Environment Canada will resort to civil suits by the Crown for costs of recovery.

When, following inspection or an investigation, an enforcement officer discovers an alleged violation, the officer will choose the appropriate enforcement action based on the following factors:

— Nature of the alleged violation: this includes consideration of the damage, the intent of the alleged violator, whether it is a repeat violation, and whether an attempt has been made to conceal information or otherwise subvert the objectives and requirements of the Act.

— Effectiveness in achieving the desired result with the alleged violator: the desired result is compliance within the shortest possible time and with no further repetition of the violation. Factors to be considered include the violator's history of compliance with the Act, willingness to cooperate with enforcement officers, and evidence of corrective action already taken.

— Consistency: enforcement officers will consider how similar situations have been handled in determining the measures to be taken to enforce the Act.

Contacts

Ms. Lyne Monastesse, Transboundary Movement Branch, Environmental Protection Service, Environment Canada, Place Vincent Massey, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3, (819) 953-1121 (telephone), (819) 997-3068 (facsimile), lyne.monastesse@ec.gc.ca (electronic mail); and Ms. Céline Labossière, Regulatory and Economic Analysis Branch, Policy and Communications, Environment Canada, Terrasses de la Chaudière, 10 Wellington Street, Gatineau, Quebec K1A 0H3, (819) 997-2377 (telephone), (819) 997-2769 (facsimile), celine.labossiere@ec.gc.ca (electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a), that the Governor in Council proposes, pursuant to section 191 of that Act, to make the annexed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations.

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of the Canadian Environmental Protection Act, 1999 (see footnote b) and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to the Director General, Pollution Prevention Directorate, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3.

A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of the Canadian Environmental Protection Act, 1999 (see footnote c).

Ottawa, March 8, 2004

EILEEN BOYD
Assistant Clerk of the Privy Council

EXPORT AND IMPORT OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL REGULATIONS

INTERPRETATION

1. The definitions in this section apply to Division 8 of Part 7 and Part 10 of the Act and in these Regulations.

"Act" means the Canadian Environmental Protection Act, 1999. (Loi)

"authorities" includes the competent authorities designated in the Compilation of Country Fact Sheets (CFS), Basel Convention Series No. 01/04, as amended from time to time. (autorités)

"authorized carrier" means a carrier that is authorized by the authorities of the jurisdiction in which the hazardous waste or hazardous recyclable material is transported to transport the waste or material that is to be exported, imported or conveyed in transit. (transporteur agréé)

"authorized facility" means a facility that is authorized by the authorities of the jurisdiction in which the facility is located to dispose of or recycle, in the manner set out in the notice, the hazardous waste or hazardous recyclable material being exported or imported, using an operation set out in Schedule 1 or 2. (installation agréée)

"Canada-USA Agreement" means the Agreement between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste, which entered into force on November 8, 1986, as amended from time to time. (accord Canada-États-Unis)

"Convention" means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which entered into force on May 5, 1992, as amended from time to time. (Convention)

"foreign exporter" means the person who exports hazardous waste or hazardous recyclable material from a country other than Canada. (expéditeur étranger)

"foreign receiver" means the person who imports hazardous waste or hazardous recyclable material into a country other than Canada. (destinataire étranger)

"notice" means the notice of export or import referred to in section 5 or the notice of transit referred to in section 18. (notification préalable)

"OECD Decision C(94)152/Final" means Decision C(88)90/Final of the Organization for Economic Co-operation and Development, Decision of the Council on Transfrontier Movements of Hazardous Wastes, dated May 27, 1988, as amended by Decision C(94)152/Final, Decision of the Council Amending the Decision on Transfrontier Movements of Hazardous Wastes, dated July 28, 1994. (décision C(94)152/Final de l'OCDE)

"OECD Decision C(2001)107/Final" means Decision C(2001)107/ Final of the Organization for Economic Co-operation and Development, Decision of the Council Concerning the Revision of Decision C(92)39/FINAL on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, dated May 21, 2002. (décision C(2001)107/Final de l'OCDE)

"registration number" means the number assigned by a province or country indicating the authority to undertake an activity with respect to a hazardous waste or hazardous recyclable material. (numéro d'immatriculation)

2. In Division 8 of Part 7 and Part 10 of the Act and in these Regulations, "hazardous waste" means anything in a quantity of 5 kg or 5L or more, or in the case of mercury in a quantity of 50 mL or more, that is intended to be disposed of

(a) using one of the operations set out in Schedule 1 and that

(i) is set out in column 2 of Schedule 3 or 4,
(ii) is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations, which, for the purposes of this definition, shall be read as follows, namely,
(A) the reference to "public safety" in subparagraph 2.43(b)(i) shall be read as a reference to "the environment and human health",
(B) subparagraph 2.43(b)(i) shall be read without reference to "during transport",
(C) subparagraphs 2.43(b)(iv) and (v) and the title of Appendix 5 of Part 2 shall be read without reference to "is intended for disposal", "is intended for disposal and", and "intended for disposal" respectively, and
(D) the references to Appendix 4 in subparagraph 2.43(b)(iv) shall be read as references to Schedule 5 to the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, or
(iii) Canada has been informed in accordance with the Convention, or by the United States, that the waste is considered or defined as hazardous under the legislation of the country receiving it and that the country has prohibited its import or transit; or

(b) using operation D1 or D5 set out in Schedule 1, and that is set out in column 2 of Part 1 or 2 of Schedule 6.

3. (1) Subject to subsection (2), in Division 8 of Part 7 and Part 10 of the Act and in these Regulations, "hazardous recyclable material" means anything in a quantity of 5 kg or 5 L or more, or in the case of mercury in a quantity of 50 mL or more, that is intended to be recycled

(a) using one of the operations set out in Schedule 2 and that

(i) is set out in column 2 of Schedule 3 or 4, other than a biomedical waste,
(ii) is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations, which, for the purposes of this definition, shall be read as follows, namely,
(A) the reference to "public safety" in subparagraph 2.43(b)(i) shall be read as a reference to "the environment and human health",
(B) subparagraph 2.43(b)(i) shall be read without reference to "during transport",
(C) subparagraphs 2.43(b)(iv) and (v) and the title of Appendix 5 of Part 2 shall be read without reference to "is intended for disposal", "is intended for disposal and", and "intended for disposal", respectively, and
(D) the references to Appendix 4 in subparagraph 2.43(b)(iv) shall be read as references to Schedule 5 to the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, or
(iii) Canada has been informed in accordance with the Convention, or by the United States, that the material is considered or defined as hazardous under the legislation of the country receiving it and that the country has prohibited its import or transit; or

(b) using operation R1 or R10 set out in Schedule 2, and that is set out in column 2 of Part 1 or 2 of Schedule 6.

(2) "Hazardous recyclable material" does not include anything that is exported to, or imported from, a country that is a party to OECD Decision C(2001)107/Final and that

(a) meets the following conditions, namely,

(i) it is in a quantity of 25 kg or 25 L or less,
(ii) it is exported or imported for the purpose of conducting measurements, tests or research with respect to the recycling of that material,
(iii) it is accompanied by a shipping document, as defined in section 1.4 of the Transportation of Dangerous Goods Regulations, that includes the name and address of the exporter or importer and the words "test samples" or "échantillons d'épreuve", and
(iv) it is not and does not contain an infectious substance as defined in section 1.4 of the Transportation of Dangerous Goods Regulations, or

(b) meets the following conditions, namely,

(i) it is set out in Schedule 7,
(ii) it is included in Class 9 of the Transportation of Dangerous Goods Regulations because it is a hazardous recyclable material only as a result of the application of subparagraph 2.43(b)(iv) of those Regulations, with the modifications set out in clauses (1)(a)(ii)(C) and (D) of these Regulations, and
(iii) it is intended to be recycled at an authorized facility in the country of import, using one of the operations set out in Schedule 2.

PART 1

EXPORT AND IMPORT

Application

4. This Part applies to the export and import of hazardous waste and hazardous recyclable material other than returns of that waste or material under Part 2.

Notice Procedure

5. (1) An exporter or importer must submit the notice referred to in paragraph 185(1)(a) of the Act to the Minister in writing by hand delivery, courier, registered mail or facsimile or in the electronic form provided by the Minister and authenticated by a secure electronic signature issued by the Minister, within 12 months before the export or import.

(2) The notice must not include both hazardous waste and hazardous recyclable material.

(3) The notice may provide for more than one hazardous waste or hazardous recyclable material, as the case may be, if they

(a) have essentially the same physical and chemical characteristics;

(b) are to be shipped

(i) to the same authorized facility,
(ii) through the same port of exit or the same port of entry, and
(iii) within the same 12-month period;

(c) are to be reported to the same customs office; and

(d) originate from the same person and the same site.

(4) The exporter or importer who submitted the notice may amend the following information contained in the notice provided that the Minister is notified in writing before an export or import is made under the amended information:

(a) the name of an authorized carrier;

(b) the quantity in kilograms or litres of the hazardous waste or hazardous recyclable material;

(c) the port of exit through which the export will take place, or the port of entry through which the import will take place; or

(d) the customs office at which the hazardous waste or hazardous recyclable material is to be reported.

(5) In the case of an export where the French or English language is not acceptable to the authorities of the country of import, the exporter must submit the notice in the French or English language and in the language used by those authorities.

Content of Notice

6. The notice of export or import must include

(a) the reference number provided by the Minister;

(b) the name, civic, mailing and electronic addresses and telephone and facsimile numbers of, and the name of the contact person for,

(i) the exporter and the foreign receiver or the importer and the foreign exporter, as the case may be,
(ii) the site from which the hazardous waste or hazardous recyclable material is shipped,
(iii) the authorized carriers, and
(iv) the authorized facilities;

(c) the registration number issued

(i) to the exporter and foreign receiver or importer and foreign exporter, as the case may be, and the authorized carriers, and
(ii) for the authorized facilities with respect to the operation set out in subparagraph (k)(ix);

(d) all modes of transport that will be used;

(e) the number of shipments;

(f) the port of exit through which the export will take place or the port of entry through which the import will take place;

(g) the customs office at which the hazardous waste or hazardous recyclable material is to be reported;

(h) the proposed date of the first and last shipments;

(i) the name of each insurance company and the policy number for each insurance policy required under section 24;

(j) the countries of transit and the length of time the hazardous waste or hazardous recyclable material will be in each country of transit;

(k) the following information with respect to each hazardous waste or hazardous recyclable material, namely,

(i) the International Waste Identification Code under OECD Decision C(94)152/Final, substituting the disposal or recycling code with the disposal or recycling code set out in column 1 of Schedule 1 or 2 to these Regulations for the applicable operation set out in column 2 of that Schedule, and if the hazardous waste or hazardous recyclable material is a gas, substituting the letter G for the letter L, P or S in the International Waste Identification Code,

(ii) for hazardous waste, or for hazardous recyclable material that will be exported to or imported from a country that is not a party to OECD Decision C(2001)107/Final, the applicable code set out in List A of Annex VIII of the Convention,

(iii) for hazardous recyclable material that will be exported to or imported from a country that is a party to OECD Decision C(2001)107/Final, the applicable code set out in Part II of Appendix 4 to that Decision,

(iv) in the case of exports, the commodity code from the Harmonized Commodity Description and Coding System prepared by the World Customs Organization, as amended from time to time,

(v) in the case of imports, the tariff item and the statistical suffix set out in the Customs Tariff Departmental Consolidation, published by the Canada Customs and Revenue Agency, as amended from time to time,

(vi) the identification number set out in column 1 of Schedule 3, 4 or 6 for the applicable hazardous waste or hazardous recyclable material set out in column 2 of that Schedule, or the hazardous constituent code number set out in column 1 of Schedule 5 for the applicable hazardous constituent set out in column 2 of that Schedule,

(vii) the following information set out in the applicable schedules to the Transportation of Dangerous Goods Regulations, namely,

(A) the applicable UN number set out in column 1 of Schedule 1 or column 5 of Schedule 3,
(B) the applicable class set out in column 3 of Schedule 1 or the primary class set out in column 4 of Schedule 3, and
(C) the applicable packing group and risk group set out in column 4 of Schedule 1,

(viii) the total quantity in kilograms or litres of each hazardous waste or hazardous recyclable material,

(ix) the applicable disposal or recycling code set out in column 1 of Schedule 1 or 2 for the applicable operation set out in column 2 of that Schedule, and the name and description of the processes to be employed with respect to that operation, and

(x) the options considered for reducing or phasing out the export of hazardous waste and the reason that the final disposal is taking place outside Canada;

(l) the name, quantity and concentration of any persistent organic pollutant set out in column 2 of Schedule 9 that is contained in the hazardous waste or hazardous recyclable material;

(m) distinct line item numbers for each hazardous waste or hazardous recyclable material;

(n) a copy of the contract or series of contracts, excluding financial information, or the statement referred to in paragraph 7(e) or 11(d); and

(o) a statement signed and dated by the exporter or importer indicating that

(i) the contract or series of contracts referred to in paragraph 7(e) or 11(d) is in force,
(ii) the insurance policy required under section 24 will cover the period referred to in subsection 24(3),
(iii) if the hazardous waste cannot be disposed of or the hazardous recyclable material cannot be recycled in accordance with the export or import permit, the exporter or importer will implement the alternative arrangements required under section 8 or 12, and if alternative arrangements cannot be made, the exporter or importer will return the waste or material to the facility from which it originated in accordance with section 15 or 16, and
(iv) the information in the notice is complete and correct.

Export

Conditions

7. An exporter may export hazardous waste and hazardous recyclable material if

(a) at the time of the export

(i) the export is not prohibited under the laws of Canada,
(ii) the country of import is a party to the Convention, the Canada-USA Agreement or OECD Decision C(2001)107/Final and the import of the hazardous waste or hazardous recyclable material is not prohibited by that country, and
(iii) the country of transit does not prohibit the transit of the hazardous waste or hazardous recyclable material;

(b) the hazardous waste or hazardous recyclable material is not to be disposed of or recycled south of 60° south latitude;

(c) the exporter is a resident of Canada, or in the case of a corporation, has a place of business in Canada;

(d) the exporter

(i) is the owner or operator of the facility from which the hazardous waste or hazardous recyclable material will be exported, or
(ii) buys and sells hazardous recyclable material for the purposes of recycling if that material is exported to a country that is a party to OECD Decision C(2001)107/Final;

(e) there is a signed, written contract or a series of contracts among the exporter, the foreign receiver and the authorized facilities, or if any of those persons are the same legal entity, a written statement signed by that entity, that

(i) indicates that the hazardous waste will be disposed of, or the hazardous recyclable material will be recycled, in accordance with the export permit,
(ii) describes the hazardous waste or hazardous recyclable material,
(iii) sets out the quantity of hazardous waste or hazardous recyclable material to be exported,
(iv) describes the operation set out in Schedule 1 or 2 that will be used,
(v) requires the foreign receiver
(A) to complete the boxes under the heading "To be Completed by Importer/Foreign Receiver" of the manifest and to provide a copy of the manifest to the exporter immediately after accepting the hazardous waste or hazardous recyclable material,
(B) to complete the disposal of the hazardous waste or recycling of the hazardous recyclable material within the time set out in paragraph (m),
(C) to submit written confirmation to the exporter of the disposal of the hazardous waste or recycling of the hazardous recyclable material within 30 days after the day that the disposal or recycling is completed, and
(D) to take all practicable measures to assist the exporter in fulfilling the terms of the exporter's obligations under these Regulations, if delivery is not accepted by the authorized facility named in the export permit within five working days after the day on which it arrives at the authorized facility, or if the authorized facility refuses to dispose of the hazardous waste or recycle the hazardous recyclable material in accordance with the export permit;

(f) the exporter and the authorized carrier, if other than Her Majesty in right of Canada or of a province, are insured in accordance with section 24;

(g) the hazardous waste will be disposed of, or the hazardous recyclable material will be recycled at, the authorized facility named in the export permit;

(h) the hazardous waste or hazardous recyclable material is transported by the authorized carriers named in the export permit;

(i) the hazardous waste or hazardous recyclable material is exported through the port of exit named in the export permit;

(j) the quantity of hazardous waste or hazardous recyclable material exported does not exceed the quantity set out in the export permit;

(k) a copy of the export permit and a copy of the manifest completed in accordance with section 9

(i) accompanies the hazardous waste or hazardous recyclable material, and
(ii) is deposited by the exporter or the authorized carrier at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 95 of the Customs Act;

(l) after operations D13, D14, D15 or D17 of Schedule 1 or operations R12, R13 or R16 of Schedule 2 are completed, the hazardous waste is disposed of or the hazardous recyclable material is recycled at an authorized facility using an operation set out in Schedule 1 or 2, other than any of operations D13, D14, D15 and D17 or R12, R13 and R16; and

(m) in the case of an operation referred to in paragraph (l), the operation is completed within 180 days or, in all other cases, within one year after the day on which the hazardous waste or hazardous recyclable material is accepted by the authorized facility, unless the authorities of the jurisdiction in which the authorized facility is located require shorter time periods, in which case those time periods apply.

8. An exporter may export hazardous waste or hazardous recyclable material if, in the event that the waste or material is exported but is not accepted by the authorized facility named in the export permit within five working days after the day on which it arrives at the authorized facility, or if the authorized facility refuses to dispose of or recycle it in accordance with the export permit, the exporter

(a) immediately notifies the Minister, the foreign receiver and the authorities of the country of import of the non-acceptance or refusal and the reason for it;

(b) if necessary, stores the hazardous waste or hazardous recyclable material in a facility authorized to store the waste or material by the authorities of the jurisdiction in which the facility is located; and

(c) within 90 days after the day on which the Minister is notified,

(i) arranges to return the hazardous waste or hazardous recyclable material to the facility in Canada from which it was shipped, in accordance with section 15, or
(ii) makes arrangements for the disposal of the hazardous waste or the recycling of the hazardous recyclable material in the country of import, at an authorized facility other than the one named in the export permit, and provides the Minister with the name and address of that facility and the name of a contact person.

Manifest

9. (1) Prior to the transport of the hazardous waste or hazardous recyclable material, the exporter must complete the boxes under the heading "To be Completed by Exporter/Foreign Exporter" of a manifest set out in Schedule 8, indicate the manifest reference number provided by the Minister, and provide a copy of the manifest and a copy of the export permit to the first authorized carrier.

(2) Immediately on receipt of the manifest, the first authorized carrier must complete the boxes under the heading "To be Completed by Authorized Carrier(s)" and provide a copy to the exporter.

(3) Within three working days after providing the manifest to the first authorized carrier, the exporter must send a copy of the manifest completed as required by subsections (1) and (2) to

(a) the Minister; and

(b) the authorities of the province of export, if required by the laws of the province of export.

(4) Every authorized carrier that transports the hazardous waste or hazardous recyclable material must complete the boxes under the heading "To be Completed by Authorized Carrier(s)" of the manifest and provide it on delivery of the waste or material to the next carrier or the foreign receiver, as the case may be.

(5) The exporter must ensure that the boxes under the heading "To be Completed by Authorized Carrier(s)" of the manifest are completed by every authorized carrier that transports the hazardous waste or hazardous recyclable material and that the boxes under the heading "To be Completed by Importer/Foreign Receiver" of the manifest are completed by the foreign receiver.

(6) Within three working days after the hazardous waste or hazardous recyclable material is accepted by the foreign receiver, the exporter must obtain a copy of the completed manifest from the foreign receiver and must send a copy of it to

(a) the Minister;

(b) the authorities of the province of export, if required by the laws of the province of export; and

(c) every authorized carrier of the hazardous waste or hazardous recyclable material.

(7) The exporter and every authorized carrier must keep a copy of the manifest at their principal place of business in Canada for a period of three years after the day on which the hazardous waste or hazardous recyclable material is exported.

(8) The quantity of hazardous waste or hazardous recyclable material indicated in the manifest must be in the same unit of measure as is used in the export permit.

Import

Department of National Defence Exemption

10. Sections 11 to 13 do not apply to the Department of National Defence if the hazardous waste or hazardous recyclable material is

(a) generated by the Department in the course of an operation conducted by it outside Canada;

(b) transported from the site of operation to a defence establishment as defined in subsection 2(1) of the National Defence Act; and

(c) transported under the sole direction or control of the Minister of National Defence as described in section 1.20 of the Transportation of Dangerous Goods Regulations, as though the hazardous waste or hazardous recyclable material is a dangerous good under those Regulations.

Conditions

11. An importer may import hazardous waste or hazardous recyclable material if

(a) at the time of the import

(i) the import is not prohibited under the laws of Canada,
(ii) the country of export is a party to the Convention, the Canada-USA Agreement or OECD Decision C(2001)107/Final, and
(iii) the country of transit does not prohibit the transit of that hazardous waste or hazardous recyclable material;

(b) the importer is a resident of Canada, or in the case of a corporation, has a place of business in Canada;

(c) the importer

(i) is the owner or operator of the authorized facility named in the import permit, or
(ii) buys and sells hazardous recyclable material for the purposes of recycling;

(d) there is a signed, written contract or a series of contracts among the importer, the foreign exporter and the authorized facilities, or if any of those persons are the same legal entity, a written statement signed by that entity, that

(i) indicates that the hazardous waste will be disposed of, or the hazardous recyclable material will be recycled, in accordance with the import permit,
(ii) describes the hazardous waste or hazardous recyclable material,
(iii) sets out the quantity of hazardous waste or hazardous recyclable material to be imported,
(iv) describes the operation set out in Schedule 1 or 2 that will be used,
(v) requires the foreign exporter
(A) to complete the boxes under the heading "To be Completed by Exporter/Foreign Exporter" of the manifest and provide a copy of it to the first authorized carrier prior to the transport of the hazardous waste or hazardous recyclable material,
(B) to send a copy of the manifest to the importer immediately on completion of the boxes under the headings "To be Completed by Exporter/Foreign Exporter" and "To be Completed by Authorized Carrier(s)", and
(C) to take all practicable measures to assist the importer in fulfilling the terms of the importer's obligations under these Regulations if delivery is not accepted by the authorized facility named in the import permit within five working days after the day on which it arrives at the facility, or if the authorized facility refuses to dispose of the hazardous waste or recycle the hazardous recyclable material in accordance with the import permit;

(e) the importer and the authorized carrier, if other than Her Majesty in right of Canada or of a province, are insured in accordance with section 24;

(f) the hazardous waste will be disposed of, or the hazardous recyclable material will be recycled at, the authorized facility named in the import permit;

(g) the hazardous waste or hazardous recyclable material is transported by the authorized carriers named in the import permit;

(h) the hazardous waste or hazardous recyclable material is imported through the port of entry named in the import permit;

(i) the quantity of hazardous waste or hazardous recyclable material imported does not exceed the quantity set out in the import permit;

(j) a copy of the import permit and a copy of the manifest completed in accordance with section 13

(i) accompanies the hazardous waste or hazardous recyclable material, and
(ii) is deposited by the importer or the authorized carrier at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 12 of the Customs Act;

(k) after operations D13, D14, D15 or D17 of Schedule 1 or operations R12, R13 or R16 of Schedule 2 are completed, the hazardous waste will be disposed of or the hazardous recyclable material will be recycled at an authorized facility using an operation set out in Schedule 1 or 2, other than any of operations D13, D14, D15 and D17 or R12, R13 and R16;

(l) in the case of an operation referred to in paragraph (k), the operation is completed within 180 days or, in all other cases, within one year after the day on which the hazardous waste or hazardous recyclable material is accepted by the authorized facility, unless the laws of the jurisdiction in which the authorized facility is located requires shorter time periods, in which case those time periods apply.

12. An importer may import hazardous waste or hazardous recyclable material if, in the event that the waste or material is imported but is not accepted by the authorized facility named in the import permit within five working days after the day on which it arrives at the authorized facility, or if the authorized facility refuses to dispose of the waste or recycle the material in accordance with the permit, the importer

(a) immediately notifies the Minister, the foreign exporter and the authorities of the country of export, of the non-acceptance or refusal and the reason for it;

(b) if necessary, stores the hazardous waste or hazardous recyclable material at a facility authorized to store the waste or material by the authorities of the province in which the facility is located;

(c) within 90 days after the day on which the Minister is notified,

(i) makes arrangements to dispose of the hazardous waste or recycle the hazardous recyclable material in Canada, at an authorized facility other than the one named in the import permit, and advises the Minister of the name and address of the facility and the name of a contact person, or
(ii) arranges to return the hazardous waste or hazardous recyclable material to the facility from which it was exported, in accordance with section 16; and

(d) before shipping the hazardous waste or hazardous recyclable material to the authorized facility referred to in subparagraph (c)(i), receives confirmation from the Minister that the facility is an authorized facility.

Manifest

13. (1) Prior to the transport of the hazardous waste or hazardous recyclable material, the importer must ensure that the foreign exporter completes the boxes under the heading "To be Completed by Exporter/Foreign Exporter" of a manifest set out in Schedule 8, indicating the manifest reference number provided by the Minister, and that the foreign exporter provides a copy of the manifest and a copy of the import permit to the first authorized carrier.

(2) Within three working days after providing the manifest to the first authorized carrier, the importer must ensure that a copy of the manifest completed as required under subsection (1) is sent to

(a) the Minister; and

(b) the authorities of the province of import, if required by the laws of the province of import.

(3) Every authorized carrier that transports the hazardous waste or hazardous recyclable material must complete the boxes under the heading "To be Completed by Authorized Carrier(s)" of the manifest and provide it on delivery of the waste or material to the next authorized carrier or the importer, as the case may be.

(4) The importer must ensure that the boxes under the heading "To be Completed by Authorized Carrier(s)" are completed by every authorized carrier of the hazardous waste or hazardous recyclable material.

(5) Within three working days after the hazardous waste or hazardous recyclable material has been received at the authorized facility, the importer must complete the boxes under the heading "To be Completed by Importer/Foreign Receiver" of the manifest and must send a copy of the completed manifest to

(a) the Minister;

(b) the authorities of the province of import, if required by the laws of the province of import;

(c) the foreign exporter; and

(d) every authorized carrier of the hazardous waste or hazardous recyclable material.

(6) The importer and every authorized carrier must keep a copy of the manifest at their principal place of business in Canada for a period of three years after the date of import.

(7) The quantity of hazardous waste or hazardous recyclable material indicated in the manifest must be in the same unit of measure as is used in the import permit.

PART 2

RETURNS

Application

14. This Part applies to the return of hazardous waste or hazardous recyclable material to

(a) Canada after it has been exported from Canada; and

(b) the country of export after it has been imported into Canada.

Returns to Canada

15. (1) If the hazardous waste or hazardous recyclable material is returned to Canada, the exporter that exported the waste or material from Canada must submit the notice referred to in paragraph 185(1)(a) of the Act to the Minister in writing, containing the following information:

(a) the name, civic, mailing and electronic addresses and telephone and facsimile numbers of, and the name of the contact person for, the exporter and foreign receiver;

(b) the reason for the return;

(c) the quantity of hazardous waste or hazardous recyclable material returned;

(d) if the quantity of hazardous waste or hazardous recyclable material returned is less than the quantity of waste or material exported from Canada, the reason for the difference;

(e) the notice reference number contained in the export permit for the export of the hazardous waste or hazardous recyclable material from Canada; and

(f) the distinct line item number contained in the export permit for the hazardous waste or hazardous recyclable material that is returned.

(2) After an import permit is issued, the exporter must

(a) return the hazardous waste or hazardous recyclable material to the facility from which it was exported, using the authorized carriers named in the export permit;

(b) ensure that a copy of the import permit and a copy of the manifest with the boxes under the headings "To be Completed by Exporter/Foreign Exporter" and "To be Completed by Authorized Carrier(s)" completed, clearly indicating that the hazardous waste or hazardous recyclable material is being returned to Canada,

(i) accompanies the hazardous waste or hazardous recyclable material, and
(ii) is deposited at the customs office at which a copy of the export permit and manifest was deposited when the hazardous waste or hazardous recyclable material was exported from Canada; and

(c) submit a copy of the manifest referred to in paragraph (b) to the Minister, every authorized carrier and the authorities of the province of export.

Returns to the Country of Export

16. (1) If the hazardous waste or hazardous recyclable material is returned to the country of export, the importer that imported the waste or material into Canada must submit the notice referred to in paragraph 185(1)(a) of the Act to the Minister in writing, containing the following information:

(a) the name, civic, mailing and electronic addresses and telephone and facsimile numbers of, and the name of the contact person for, the importer and foreign exporter;

(b) the reason for the return;

(c) the quantity of hazardous waste or hazardous recyclable material returned;

(d) if the quantity of hazardous waste or hazardous recyclable material returned is less than the quantity of waste or material imported into Canada, the reason for the difference;

(e) the notice reference number contained in the import permit for the import of the hazardous waste or hazardous recyclable material into Canada; and

(f) the distinct line item number contained in the import permit for the hazardous waste or hazardous recyclable material that is returned.

(2) After an export permit is issued, the importer must

(a) return the hazardous waste or hazardous recyclable material to the facility from which it was imported, using the authorized carriers named in the import permit;

(b) ensure that a copy of the export permit and a copy of the manifest with the boxes under the headings "To be Completed by Importer/Foreign Receiver" and "To be Completed by Authorized Carrier(s)" completed, clearly indicating that the hazardous waste or hazardous recyclable material is being returned to the country of export,

(i) accompanies the hazardous waste or hazardous recyclable material, and
(ii) is deposited at the customs office at which a copy of the import permit and manifest was deposited when the hazardous waste or hazardous recyclable material was imported into Canada; and

(c) submit a copy of the manifest referred to in paragraph (b) to the Minister, every authorized carrier and the authorities of the province of import.

PART 3

TRANSIT

Application

17. This Part applies to the transit of hazardous waste and hazardous recyclable material.

Notice Procedure

18. (1) A person conveying a hazardous waste or hazardous recyclable material in transit must submit the notice referred to in paragraph 185(1)(a) of the Act to the Minister in writing by hand delivery, courier, registered mail or facsimile or in the electronic form provided by the Minister and authenticated by a secure electronic signature issued by the Minister, within 12 months before the proposed transit.

(2) The notice may provide for more than one hazardous waste or hazardous recyclable material if they

(a) are to be shipped

(i) to the same authorized facility,
(ii) through the same port of exit and the same port of entry, and
(iii) within the same 12-month period;

(b) are to be reported to the same customs office; and

(c) originate from the same person and the same site.

(3) The following information contained in the notice may be amended provided that the Minister is notified in writing before a transit is made under the amended information:

(a) the name of an authorized carrier;

(b) the quantity in kilograms or litres of the hazardous waste or hazardous recyclable material;

(c) the ports of exit or the ports of entry through which the transit will take place; or

(d) the customs office at which the hazardous waste or hazardous recyclable material is to be reported.

(4) Where the French or English language is not acceptable to the authorities of the country of transit, the notice must be submitted in the French or English language and in the language used by those authorities.

Content of Notice

19. The notice of transit must include

(a) the reference number provided by the Minister;

(b) the name, civic, mailing and electronic addresses and telephone and facsimile numbers of, and the name of the contact person for,

(i) the foreign exporter and foreign receiver or the exporter and importer, as the case may be,
(ii) the site from which the hazardous waste or hazardous recyclable material is shipped, and
(iii) the authorized carriers;

(c) the registration number issued to

(i) the foreign exporter and foreign receiver or the exporter and importer, as the case may be, and
(ii) the authorized carriers;

(d) all modes of transport that will be used;

(e) the number of shipments;

(f) the ports of entry and exit through which the transit will take place;

(g) the customs office at which the hazardous waste or hazardous recyclable material is to be reported;

(h) the proposed date of entry of the first shipment and exit of the last shipment;

(i) the name of each insurance company and the policy number for each insurance policy required under section 24;

(j) the countries of transit and the length of time that the hazardous waste or hazardous recyclable material will be in each country of transit;

(k) the following information with respect to each hazardous waste or hazardous recyclable material, namely,

(i) the International Waste Identification Code under OECD Decision C(94)152/Final, substituting the disposal or recycling code with the disposal or recycling code set out in column 1 of Schedule 1 or 2 to these Regulations for the applicable operation set out in column 2 of that Schedule, and if the hazardous waste or hazardous recyclable material is a gas, substituting the letter G for the letter L, P or S in the International Waste Identification Code,

(ii) for hazardous waste, or for hazardous recyclable material that will be exported to or imported from a country that is not a party to OECD Decision C(2001)107/Final, the applicable code set out in List A of Annex VIII of the Convention,

(iii) for hazardous recyclable material that will be exported to or imported from a country that is a party to OECD Decision C(2001)107/Final, the applicable code set out in Part II of Appendix 4 to that Decision,

(iv) the commodity code from the Harmonized Commodity Description and Coding System prepared by the World Customs Organization, as amended from time to time, and the tariff item and the statistical suffix set out in the Customs Tariff Departmental Consolidation, published by the Canada Customs and Revenue Agency, as amended from time to time;

(v) the identification number set out in column 1 of Schedule 3, 4 or 6 for the applicable hazardous waste or hazardous recyclable material set out in column 2 of that Schedule, or the hazardous constituent code number set out in column 1 of Schedule 5 for the applicable hazardous constituent set out in column 2 of that Schedule,

(vi) the following information set out in the applicable schedules to the Transportation of Dangerous Goods Regulations, namely,

(A) the applicable UN number set out in column 1 of Schedule 1 or column 5 of Schedule 3,
(B) the applicable class set out in column 3 of Schedule 1 or the primary class set out in column 4 of Schedule 3, and
(C) the applicable packing group or risk group set out in column 4 of Schedule 1,

(vii) the total quantity in kilograms or litres of each hazardous waste or hazardous recyclable material, and

(viii) the applicable disposal or recycling code set out in column 1 of Schedule 1 or 2 for the applicable operation set out in column 2 of that Schedule, and a description of the processes to be employed with respect to that operation;

(l) the name, quantity and concentration of any persistent organic pollutant set out in column 2 of Schedule 9 that is contained in the hazardous waste or hazardous recyclable material;

(m) distinct line item numbers for each hazardous waste or hazardous recyclable material; and

(n) a statement signed and dated by the person who submits the notice indicating that

(i) the insurance policy required under section 24 will cover the period referred to in subsection 24(3), and
(ii) the information in the notice is complete and correct.

Conditions

20. A person may convey hazardous waste or hazardous recyclable material in transit if

(a) at the time of transit, the export or import of the hazardous waste or hazardous recyclable material is not prohibited under the laws of Canada or the laws of the country of transit;

(b) the hazardous waste or hazardous recyclable material is transported by the authorized carriers named in the transit permit;

(c) the hazardous waste or hazardous recyclable material is exported and imported through the port of entry and port of exit named in the transit permit;

(d) the quantity of hazardous waste or hazardous recyclable material conveyed in transit does not exceed the quantity set out in the transit permit;

(e) in the case of a transit through Canada, the authorized carrier, if other than Her Majesty in right of Canada or of a province, is insured in accordance with section 24;

(f) in the case of a transit through a country other than Canada, the exporter and importer, if other than Her Majesty in right of Canada or of a province, are insured in accordance with section 24;

(g) in the case of a transit through Canada, the country of export has provided the Minister with written confirmation that the country of import and any countries of transit through which the hazardous waste or hazardous recyclable material will be transited after it has left Canada, has consented to the proposed import into or transit through that country;

(h) a copy of the transit permit and a copy of the manifest completed in accordance with section 21 or 22, as the case may be,

(i) accompanies the hazardous waste or hazardous recyclable material, and
(ii) is deposited by the exporter, importer or the authorized carrier at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under sections 12 and 95 of the Customs Act.

Manifest - Transits Through Canada

21. (1) This section applies to the transit of hazardous waste and hazardous recyclable material through Canada.

(2) At the time the hazardous waste or hazardous recyclable material enters Canada, the authorized carrier must ensure that the foreign exporter has completed the boxes under the heading "To be Completed by Exporter/Foreign Exporter" of a manifest set out in Schedule 8, indicating the manifest reference number provided by the Minister.

(3) Every authorized carrier that transports the hazardous waste or hazardous recyclable material must complete the boxes under the heading "To be Completed by Authorized Carrier(s)" of the manifest and provide it on delivery of the waste or material to the next authorized carrier.

(4) Within three working days after the hazardous waste or hazardous recyclable material exits Canada, the authorized carrier that transports the waste or material out of Canada must send a copy of the manifest completed as required by subsections (2) and (3) to the Minister.

(5) If the authorized carrier has a place of business in Canada, the authorized carrier must keep a copy of the manifest at their principal place of business in Canada for a period of three years after the day on which the hazardous waste or hazardous recyclable material exits Canada.

(6) The quantity of hazardous waste or hazardous recyclable material indicated in the manifest must be in the same unit of measure as is used in the transit permit.

Manifest - Transits Through a Country Other than Canada

22. (1) This section applies to the transit of hazardous waste and hazardous recyclable material where Canada is the country of origin and the country of destination.

(2) At the time the hazardous waste or hazardous recyclable material exits Canada, the exporter must complete the boxes under the heading "To be Completed by Exporter/Foreign Exporter" of a manifest set out in Schedule 8, indicate the manifest reference number provided by the Minister, and provide a copy of the manifest and a copy of the transit permit to the first authorized carrier.

(3) Immediately on receipt of the manifest, the first authorized carrier must complete the boxes under the heading "To be Completed by Authorized Carrier(s)" and provide a copy to the exporter.

(4) Within three working days after providing the manifest to the first authorized carrier, the exporter must send a copy of the manifest completed as required by subsections (2) and (3) to

(a) the Minister; and

(b) the authorities of the province of export, if required by the laws of the province of export.

(5) Every authorized carrier that transports the hazardous waste or hazardous recyclable material must complete the boxes under the heading "To be Completed by Authorized Carrier(s)" of the manifest and provide it on delivery of the waste or material to the next carrier or the importer, as the case may be.

(6) The exporter must ensure that the boxes under the heading "To be Completed by Authorized Carrier(s)" of the manifest are completed by every authorized carrier that transports the hazardous waste or hazardous recyclable material.

(7) Within three working days after the hazardous waste or hazardous recyclable material has been received at the authorized facility, the importer must complete the boxes under the heading "To be Completed by Importer/Foreign Receiver" of the manifest and must send a copy of it to

(a) the Minister;

(b) the authorities of the province of import, if required by the laws of the province of import;

(c) the exporter; and

(d) every authorized carrier of the hazardous waste or hazardous recyclable material.

(8) The exporter, importer and every authorized carrier must keep a copy of the manifest at their principal place of business in Canada for a period of three years after the day on which the hazardous waste or hazardous recyclable material is imported.

(9) The quantity of hazardous waste or hazardous recyclable material indicated in the manifest must be in the same unit of measure as is used in the transit permit.

PART 4

MISCELLANEOUS MATTERS

Confirmation of Disposal or Recycling

23. (1) Within 30 days after the day on which the disposal of the hazardous waste or recycling of the hazardous recyclable material is completed, the exporter or importer must provide the Minister with a written, dated and signed confirmation indicating that the waste has been disposed of or the material has been recycled

(a) in accordance with the permit;

(b) in a manner that protects the environment and human health against the adverse effects that may result from that waste or material; and

(c) within the period referred to in paragraph 7(m) or 11(l).

(2) The exporter or importer must keep a copy of the confirmation at their principal place of business in Canada for a period of three years after the day on which it is submitted to the Minister.

Liability Insurance

24. (1) The liability insurance required by these Regulations must be in respect of

(a) any damages to third parties for which the exporter, importer or authorized carrier is responsible; and

(b) any costs imposed by law on the exporter, importer or authorized carrier to clean up the environment in respect of any hazardous waste or hazardous recyclable material that is released.

(2) The amount of liability insurance required in respect of each export or import of hazardous waste or hazardous recyclable material is

(a) for exporters or importers, at least $5,000,000 for hazardous waste;

(b) for exporters or importers, at least $1,000,000 for hazardous recyclable material; and

(c) for authorized carriers, the amount required by the laws of the jurisdiction in which the hazardous waste or hazardous recyclable material is transported.

(3) The insurance must cover liability arising

(a) in the case of an export from Canada, from the time the hazardous waste or hazardous recyclable material leaves the exporter's shipping site to the time an authorized facility, including an authorized facility in Canada if the waste or material is returned to Canada in accordance with section 15, accepts delivery of the waste for disposal or the material for recycling;

(b) in the case of an import into Canada, from the time the hazardous waste or hazardous recyclable material enters Canada to the time an authorized facility in Canada accepts delivery of the waste or material, or to the time the waste or material leaves Canada for return to the country of export in accordance with section 16; or

(c) if Canada is a country of transit, at any time during the transit through Canada.

Export Reduction Plans

25. (1) The plan referred to in subsection 188(1) of the Act must contain

(a) the following information with respect to the hazardous waste to which the plan applies, namely,

(i) the International Waste Identification Code under OECD Decision C(94)152/Final, substituting the disposal code with the disposal code set out in column 1 of Schedule 1 to these Regulations for the applicable operation set out in column 2 of that Schedule, and if the hazardous waste is a gas, substituting the letter G for the letter L, P or S in the International Waste Identification Code,
(ii) the applicable code set out in List A of Annex VIII to the Convention,
(iii) the identification number set out in column 1 of Schedule 3, 4 or 6 for the applicable hazardous waste set out in column 2 of that Schedule, and
(iv) the following information set out in the applicable schedules to the Transportation of Dangerous Goods Regulations, namely,
(A) the applicable UN number set out in column 1 of Schedule 1 or column 5 of Schedule 3,
(B) the applicable class set out in column 3 of Schedule 1 or the primary class set out in column 4 of Schedule 3, and
(C) the applicable packing group and risk group set out in column 4 of Schedule 1;

(b) the name, quantity and concentration of any persistent organic pollutant set out in column 2 of Schedule 9 that is contained in the hazardous waste referred to in the plan;

(c) if the exporter generates the hazardous waste referred to in the plan, the name and a description of the process that generated the waste and the activity in which that process is used;

(d) if the exporter does not generate the hazardous waste referred to in the plan, a description of the origin of the waste;

(e) the quantity of hazardous waste exported at the start of the implementation of the plan and the quantity of export reduction to be achieved at each stage of the plan;

(f) a description of the manner in which the exporter will reduce or phase out exports of the hazardous waste referred to in the plan;

(g) a description of the options available in Canada to dispose of, reuse and recycle the hazardous waste referred to in the plan or to destroy, reduce or remove the hazardous constituents of that waste;

(h) the name and address of the authorized facility in Canada that is the nearest to the facility from which the hazardous waste is exported and the reasons for not disposing of the waste at that authorized facility;

(i) the stages of the plan and a schedule for implementing the plan; and

(j) for each stage of the plan, an estimate of the quantity of goods produced that generates the hazardous waste to which the plan applies and a description of the impact of any changes to the quantity produced on the reduction or phasing out of exports of waste.

(2) A person who submits a plan to the Minister must keep a copy of the plan at their principal place of business in Canada for a period of five years after the day on which the plan is submitted.

Environmentally Sound Management

26. If the Minister is of the opinion that the hazardous waste or hazardous recyclable material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse to issue a permit under subsection 185(2) of the Act taking into account the following criteria:

(a) the implementation of an environmental management system at the authorized facility that includes

(i) procedures for ensuring the protection of the environment and human health against the adverse effects that may result from the disposal of the hazardous waste or the recycling of the hazardous recyclable material including measures for monitoring the efficiency of the procedures and modifying them in the event that they do not protect the environment and human health,
(ii) measures to monitor and ensure compliance with applicable laws with respect to the protection of the environment and human health, and
(iii) a certification that the system includes those procedures and measures;

(b) the implementation of a plan at the authorized facility to prevent, prepare for and respond to an uncontrolled, unplanned or accidental release of hazardous waste or hazardous recyclable material; and

(c) the existence of prohibitions or conditions relating to the disposal of hazardous waste or recycling of hazardous recyclable material in Canada or abroad.

CONSEQUENTIAL AMENDMENT

27. Paragraph 2(2)(b) of the Export of Substances Under the Rotterdam Convention Regulations (see footnote 1) is replaced by the following:

(b) is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;

REPEAL

28. The Export and Import of Hazardous Wastes Regulations (see footnote 2) are repealed.

COMING INTO FORCE

29. These Regulations come into force on the day on which they are registered.

SCHEDULE 1
(Section 1, subparagraphs 6(k)(i) and (ix), paragraphs 7(e)
and (l) and 11(d) and (k) and subparagraphs 19(k)(i)
and (viii) and 25(1)(a)(i))

DISPOSAL OPERATIONS FOR HAZARDOUS WASTE

SCHEDULE 2
(Section 1, subparagraphs 6(k)(i) and (ix), paragraphs 7(e) and (l) and 11(d) and (k) and subparagraphs 19(k)(i) and (viii)

RECYCLING OPERATIONS FOR HAZARDOUS
RECYCLABLE MATERIAL

SCHEDULE 3
(Section 1 and subparagraphs 6(k)(vi), 19(k)(v) and 25(1)(a)(iii))

SCHEDULE 4
(Section 1 and subparagraphs 6(k)(vi), 19(k)(v) and 25(1)(a)(iii))

TYPES OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL

SCHEDULE 5
(Section 1 and subparagraphs 6(k)(vi) and 19(k)(v))

TABLE OF HAZARDOUS CONSTITUENTS CONTROLLED UNDER LEACHATE TEST AND REGULATED LIMITS

SCHEDULE 6
(Section 1 and subparagraphs 6(k)(vi), 19(k)(v) and 25(1)(a)(iii))

PART 1

PART 2

SCHEDULE 7
(Section 1)

SCHEDULE 8
(Subsections 8(1), 12(1), 21(2) and 22(2))

MANIFEST

SCHEDULE 9
(Paragraphs 6(l), 19(l) and 25(1)(b))

PERSISTENT ORGANIC POLLUTANTS

Footnote a

S.C. 1999, c. 33

Footnote b

S.C. 1999, c. 33

Footnote c

S.C. 1999, c. 33

Footnote 1

SOR/2002-317

Footnote 2

SOR/92-637

NOTICE:
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