Service Standard and Performance Target for permits under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR)

Quality and predictability of service are legitimate expectations of Canadians when interacting with the Government of Canada. A public commitment to a measureable level of performance that clients can expect under normal circumstances (i.e., regular day-to-day operations) is referred to as a service standard.

Service standards are integral to good client service and are important for effective management of performance. They help to clarify expectations (both internally and externally), drive improvement to services being provided and contribute to results-based management.

A high volume of regulatory authorizations (in the form of permits) are issued annually by Environment and Climate Change Canada under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR). Under these Regulations, the following service standards and performance indicators have been set.

Service Standard

The administrative review process will be completed within 60 days for shipments of wastes or materials to or from the United States, and materials to or from Organisation for Economic Co-operation and Development (OECD) countries.

Performance Target

The target for achieving this standard is set at 70%.

Certain factors impact the ability to meet the listed service standard. Notifications submitted to Environment and Climate Change Canada are not always complete or accurate, thus requiring that clarifications or additional information be submitted. In addition, consent required from other parties prior to issuing a permit (e.g., foreign states, Canadian provinces) sometimes takes longer than the expected 30 days.

Measuring Service Performance

The service standard on cross-border movement of waste authorizations has been in place since April 1, 2013. For 2013, performance in meeting this service standard was measured over the period April 1 - December 31, 2013. Starting in 2014, performance was measured from January 1st to December 31st.

Table 1. Service Standard and Performance Target for Permits issued under the EIHWHRMR

Service StandardThe administrative review process for permit applications will be completed within 60 days for shipments of wastes or materials to or from the United States, and materials to or from Organisation for Economic Co-operation and Development (OECD) countries.
Performance TargetThe target for achieving this standard is set at 70%.
Assessment MeasureWhat proportion of permit applicants received a final decision on their application within 60 days?
2013 Performance64% Footnote 1
2014 Performance76%
2015
Performance
54.2% Footnote 2
2016
Performance
34.1% Footnote3

Footnotes

Footnote 1

In 2013, a number of factors that were beyond Environment and Climage Change Canada’s control influenced performance against the service standard for the issuance of export permits. Delays were noted in the time required to exchange correspondence with regulated companies in order to obtain complete information, and to obtain consent from importing jurisdictions (particularly the United States due to the shut-down of their federal government). If export permits were removed from the assessment of performance, the service standard would have been met 79% of the time.

Return to the footnote 1

Footnote 2

In 2015, Environment and Climate Change Canada’s performance against the service standard was affected by: a significantly higher volume of notifications and requests for amendments to existing permits; delays in receiving required information from regulated companies and consent from importing jurisdictions; the need to allocate resources to developing a new online notification and movement tracking system and helping regulatees to adjust to the first phase of the new system.

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Footnote 3

In 2016, Environment and Climate Change Canada’s performance against the service standard was affected by: data entry delays; delays in receiving required information from regulated companies; and the implementation of regulatory changes both in Canada and the US.

Return to the footnote 3

Applying for an Export, Import or Transit Permit for Hazardous Waste or Hazardous Recyclable Material

Notification is the process by which exporters, importers, and persons wishing to convey in transit notify the Minister of the Environment of their intention to send or receive international shipments of hazardous wastes or hazardous recyclable materials. It serves as the application for a permit, without which no shipment can proceed.

Although the Regulations do not prescribe the completion of a specific form, Environment and Climate Change Canada has developed an Online Notification and Permit System and paper Administrative Notice forms to facilitate the notification process for regulatees. Note: The Online Notification and Permit System is not available for transits at this time. Notices for transits must continue to be submitted via email, mail, registered mail, fax, or courier.

Important notice to Canadian companies considering exporting waste or recyclable materials to another country:

Not every country considers the same types of waste or recyclable materials to be hazardous. Before exporting any type of waste or recyclable material, you should first determine if the countries to which you want to export and through which you want to transit the waste or material have national laws that in any way prohibit, restrict, or control the import or transit of the waste or material you are planning to export.

The Basel Convention Export and Import Control Tool is a searchable database providing you with quick access to specific information for the countries of export, import, and transit, such as their national definitions of hazardous waste and import restrictions. If the export or transit of the waste or material is prohibited in the receiving country or any of the transit countries, you cannot send your shipment to those countries. If there are laws restricting or controlling the import or transit of the waste or material, you must submit a notification to Environment and Climate Change Canada of your intent to export. Environment and Climate Change Canada will contact the competent authority of the countries to seek their consent before you begin the export.

The Regulations are administered by Environment and Climate Change Canada. The competent authority for all Canadian imports, exports, and transits is Environment and Climate Change Canada’s Waste Reduction and Management Division, which is also the contact point for the competent authorities in other countries. Canadian companies wishing to import or export hazardous waste or hazardous recyclable material do not need to contact the provincial and foreign authorities directly during the notification process; rather, Environment and Climate Change Canada will contact them and then forward the response to the notifier.

Summary of Notification Information Requirements:

The information that must be included in the notification is outlined in section 8 of the Regulations. It includes:

  • the name, registration number, civic and mailing addresses, email address, and contact information (name, telephone number, and fax number) of the
    • Canadian exporter and foreign receiver,
    • Canadian importer and foreign exporter,
    • the facility from which the hazardous waste or hazardous recyclable material will be shipped,
    • the authorized facility that will receive the hazardous waste or hazardous recyclable material, and, if applicable, any authorized facilities where final disposal or recycling will take place (formerly referred to as the “final destination”),
    • exporter and importer or foreign exporter and foreign receiver, in the case of a transit, and
    • authorized carriers;
  • shipment details, including dates, number of shipments and all modes of transport (road, rail, marine or air) that will be used;
  • customs details, including the ports of entry or exit, or the customs offices, if applicable;
  • the classification of the hazardous waste or hazardous recyclable material (see the Guide to Classification).

In addition to the requirements above, the notifier must also submit:

  • a signed, written contract or series of contracts, and
  • proof of insurance for the Canadian exporter or Canadian importer and all carriers, by providing the name of the insurance company and the insurance policy number.

The EIHWHRMR User Guide (PDF; 167 KB) has been prepared to help you understand and implement the requirements of the Regulations. It will be useful to anyone who generates, handles, transports, treats, recycles, stores, or disposes of hazardous wastes or hazardous recyclable materials where international shipments are involved.

A list of key considerations with respect to the export, import or transit of hazardous wastes or hazardous recyclable materials is also available.

After Environment and Climate Change Canada has received the notification and its accompanying documents, a thorough technical review of the accuracy and completeness of the application is conducted. If the notification is found to be satisfactory, the information is forwarded to the receiving jurisdiction.

In the case of an export, Environment and Climate Change Canada submits the notification to the competent authority in the country of import and countries of transit (if applicable), as required by the Basel Convention, for review and consent. For exports to the United States, the notification information is sent to the United States Environmental Protection Agency.

In the case of an import, Environment and Climate Change Canada submits the notification to the appropriate authority in the province or territory where the disposal or recycling operation is to take place, since the provinces/territories license the treatment facilities.

Environment and Climate Change Canada must receive acknowledgement from the authority that has jurisdiction over the receiving facility that the hazardous waste or hazardous recyclable material is authorized for disposal or recycling. If any competent authority objects, the shipment cannot proceed.

The Minister will issue a permit to the notifier once all authorizations are in place. No one shall import, export, or transit hazardous waste or hazardous recyclable material without a permit.

Signed and completed Administrative Notice Forms and all accompanying documents required by the Regulations must be forwarded to:

Waste Reduction and Management Division
Environment Canada
351 St. Joseph Boulevard, 9th Floor
Gatineau, QC K1A 0H3
Fax: 819-938-4555
Email: ec.notification.ec@canada.ca

The notice may be sent by email, mail, registered mail, fax, or courier, or submitted through the Online Notification and Permit System.

For additional information, please contact the Waste Reduction and Management Division by telephone at 1-844-524-5295 to have your call directed to an appropriate contact. Alternatively, you may also send an email to ec.notification.ec@canada.ca.

Feedback Mechanisms

If a service expectation has not been met, feedback can be provided by one of the following means:

Mail:

Director, Waste Reduction and Management Division
Environment Canada
351 St. Joseph Boulevard, 9th Floor
Gatineau, QC K1A 0H3

Email:

ec.notification.ec@canada.ca

For More Information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians web sites.

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