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Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) User Guide

Notification

5.1 What is notification?

Section 185 of Canadian Environmental Protection Act, 1999 (CEPA) 1999)) and Sections 5 to 8 of the Regulations

Notification is the process by which exporters, importers, and persons wishing to convey in transit notify the Minister of Environment Canada (EC) of their intentions 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.

Under the Regulations, notification involves completing either the information requirements set out in section 8 of the EIHWHRMR or the administrative notice form specifying the details of the intended shipment, and attaching certain supporting documents. EC reviews the notice to ensure that it is complete and meets the technical requirements of the Regulations before forwarding it to the appropriate provincial or foreign government authorities for consent.

While EC is the contact point between the notifier and the competent authorities in the provincial/territorial or foreign governments, it cannot predict or control the length of time it will take these authorities to respond to a request for consent. The length of time required to obtain a permit can vary greatly, and is affected by such factors as the type of waste or material, its destination, the disposal or recycling operation to be used, and the number of transit countries involved.

In general, the person submitting the notification should allow at least 60 days for the administrative review process to be completed for shipments of wastes or materials to or from the United States, and materials to or from Organization for Economic Co-operation and Development (OECD) countries. More time should be allowed for shipments to other countries, especially when confirmation of consent is required.

The issuance of a permit may or may not correspond exactly to the intended shipping dates set out in the notice. Only after the notifier has received a permit is the shipment allowed to proceed. Permits are normally valid for up to one year; the export, import, or transit may take place at any time within this period.

5.2 Notification Procedure

The Minister will provide a notice reference number to any person who requests one for the purpose of submitting a notice. This reference number is important in the tracking of the shipment and its associated documentation. For example, the notice number and line-item number must be entered on the movement document that accompanies the hazardous wastes or hazardous recyclable materials during transport.

To obtain a reference notice number or a block or notice number for many proposed shipment, call 1-844-524-5295.

Notifying for Hazardous Wastes or Hazardous Recyclable Materials

In the case of an export or import, a single notice can be submitted for either hazardous wastes or hazardous recyclable materials--but not for both. In the case of a transit, however, a single notice can include both hazardous wastes and hazardous recyclable materials.

A single notice may be submitted as notification of a series of international shipments of hazardous wastes or hazardous recyclable materials if the wastes or materials

  1. are to be shipped
    1. to the same authorized facility at the same location,
    2. through the same port of exit or the same port of entry, and
    3. within the same 12-month period;
  2. are to be reported to the same customs office;
  3. originate from the same person and the same facility; and
  4. in the case of an export or import, have essentially the same physical and chemical characteristics.

This allows for the notification of multiple hazardous wastes or hazardous recyclable materials from one site to another site within one year of the issuance of a permit.

Site-Specific Notification

The notification procedure is site-specific, meaning that the hazardous wastes or hazardous recyclable materials must originate from the same person and the same authorized facility, and be shipped to the same authorized facility at the same location. If a potential regulatee wishes to ship to or from multiple locations, a new notice must be submitted for each site or location.

This is necessary in order to be consistent with the notification procedures of the Basel Convention and OECD Decision C(2001)107/Final.

Language

The notice and all attachments may be submitted to EC in either English or French. If requested by the importing country, EC will also ask the Canadian exporter to provide the information in another language specified by the foreign authority.

Exporters may wish to contact EC before submitting a notice to determine whether a given country requires information in another language. Compliance with such requests will speed up the notification process and may minimize delays at border crossings or in transit.

Notification for Amendments

In general, once a permit has been issued, changes in the information on the notice require re-notification, since the permit is granted based on the original notice information.

The person who submitted the notice may request an amendment to an existing permit by advising the Minister in writing of

  • a change in the quantity of hazardous waste or hazardous recyclable material,
  • a change in the number of shipments,
  • the addition of authorized carriers, or
  • the addition of ports of exit or entry or customs offices.

After the proposed changes to the notice have been reviewed, an amendment to the permit may be issued. The new permit must be received prior to any shipment taking place under the new circumstances.

Administrative updates and minor changes that do not significantly alter the notice, such as a change in phone number or civic address, may not necessarily require re-notification. The Waste Reduction and Management Division (WRMD) should be contacted to obtain information on the need for re-notification.

5.3 What Must the Notice Contain?

The exporter, importer, or person conveying in transit who submits the notice must ensure that the application meets the information requirements specified in section 8 of the EIHWHRMR. These requirements are summarized in sections 5.6 and 5.7 of this guide.

5.4 Who Must Notify?

For exports of hazardous waste from Canada, the Canadian exporter is responsible for completing the notification and for making sure that all of the documents that must accompany it are provided to EC. For imports, the Canadian importer must provide EC with a notice.

In the case of a transit through Canada, the notification should be completed by the person who is importing or exporting the waste in Canada. This person is normally the carrier.

Paperwork may be submitted by a head office; however, the notice must indicate the actual authorized shipping and receiving sites.

5.5 Where Must the Notice Be Sent?

The notification form and all accompanying documents required by the EIHWHRMR must be forwarded to the following:

Director, Waste Reduction and Management Division
Environment Canada
Place Vincent-Massey
351 St. Joseph Blvd., 9th floor
Gatineau QC  K1A 0H3
Fax: (819) 938-4555

Submission of the Notice

The notice may be sent by registered mail, facsimile, or courier. EC is also working toward developing a new electronic means of notice submission.

5.6 Summary of Notification Information Requirements

The information requirements for notification are outlined in section 8 of the Regulations. They include

  • the name, registration number, civic and mailing addresses, e-mail address, and contact information (name, telephone number, and facsimile number) of the
  • Canadian exporter and the foreign receiver,
  • Canadian importer and the foreign exporter,
  • exporter and importer or foreign exporter and foreign receiver, in the case of a transit, and
  • the 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
  • information on all authorized facilities where the final disposal or recycling will take place (formerly referred to as the “final destination”).

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

  • signed and written contracts, and
  • proof of insurance, by providing the name of the insurance company and the policy number.

5.7 Completing the Notice Step-by-Step

The information requirements that must be included in the notification are outlined in section 8 of the Regulations. Although the Regulations do not prescribe the completion of a specific form, the WRMD has developed an administrative notice form to facilitate the notification process for regulatees. Following are step by step directions on how to complete this form.

5.7.1 Options (Box 1)

Select one of the following three options (a separate notice must be completed for each option selected, even if the rest of the information on the notice remains the same):

Option 1: Disposal, Schedule 1 of the EIHWHRMR, if the waste is destined for disposal

Option 2: Recycling, Schedule 2 of the EIHWHRMR, if the material is destined for recycling

Option 3: Pre-Approved Recycling Facility, if the hazardous recyclable material is destined for recycling at a pre-approved facility (Pre-approval is discussed further in Section 12 of this document.)

5.7.2 Canadian Exporter/Foreign Exporter (Box 2)

Exports from Canada

Enter the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers of the Canadian exporter, as well as the e-mail address and name of the contact person. The civic address is the street address of the shipping site. Where applicable, the registration number (i.e., the provincial waste/recycler generator or identification number) must also be indicated.

In the case of an export, the name of the insurance company and the policy number of the Canadian exporter must also be provided.

Exports into Canada

Enter the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers of the foreign exporter, as well as the e-mail address and name of the contact person. Where applicable, the registration number (i.e., the waste/recycler generator or exporter identification number issued by the foreign authority) must also be indicated.

Transits through Canada

Enter the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers of the foreign exporter, as well as the e-mail address and name of the contact person. Where applicable, the registration number (i.e., the waste/recycler generator or exporter identification number issued by the foreign authority) must also be indicated.

Transits through a Country Other Than Canada

Enter the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers of the Canadian exporter, as well as the e-mail address and name of the contact person. Where applicable, the registration number (i.e., the provincial waste/recycler generator or identification number) must also be indicated.

5.7.3 Foreign Receiver/Canadian Importer (Box 3)

Exports from Canada

Provide the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers of the foreign receiver, as well as the e-mail address and name of the contact person. Where applicable, the registration number (i.e., the operating licence or permit number of the facility issued by the foreign authority) must also be indicated..

Imports into Canada

Enter the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers of the Canadian importer, as well as the e-mail address and name of the contact person. Where applicable, the registration number (i.e., the provincial operating licence or permit number of the facility) must also be indicated..

In the case of an import, the name of the insurance company and the policy number of the Canadian importer must also be provided.

Transits through Canada

Provide the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers of the foreign receiver, in addition to the e-mail address and name of the contact person. Where applicable, the registration number (i.e., the operating licence or permit number of the facility issued by the foreign authority) must also be indicated.

Transits through a Country Other Than Canada

Enter the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers of the Canadian importer, as well as the e-mail address and name of the contact person. Where applicable, the registration number (i.e., the provincial operating licence or permit number of the facility) must also be indicated.

5.7.4 Authorized Carrier (Box 4)

Indicate the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers of the authorized carrier, as well as the e-mail address and name of the contact person. Also indicate the mode of transport and the carrier's licence or permit number. If using more than one carrier/mode of transport, attach a list providing the same information for each carrier that will be used.

The name of the insurance company and the policy number of each authorized carrier must also be provided.

5.7.5 Authorized Facilities (Box 5)

(formerly the “Final Destination”)

The Regulations require that all authorized facilities be specified as part of the notification. In the case of an interim operation, this includes not only the receiving facility, but also the facility that will undertake the final disposal or recycling of the waste or material.

It is important to note that only one interim operation is allowed per waste stream, and that the final disposal or recycling operation associated with that waste stream must also be indicated.

This information must be completed if the disposal/recycling operation is D13 (blending or mixing), D14 (repackaging), D17 (interim storage), R12 (waste exchange), R13 (accumulation), or R16 (interim storage), as described in Schedules I and 2 of the Regulations.

Enter the name, civic and mailing addresses (if different), electronic address, and telephone and facsimile numbers, as well as the e-mail address and name of the contact person of the receiver at the final destination. Where applicable, the registration number (i.e., the operating licence or permit number of the facility) must also be indicated.

5.7.6 Number of Imports/Exports (Box 6)

Enter the number of shipments that are intended to take place over the 12-month period covered by the notice.

5.7.7 Ports of Exit or Entry or Customs Offices (Box 7)

Specify the names of all the ports of exit or entry through which the hazardous wastes or hazardous recyclable materials are to be shipped, attaching a separate page and marking the appropriate box on the notice, if necessary. Customs offices must also be indicated if the shipment is to be declared inland.

5.7.8 First and Last Shipment (Box 8)

Indicate the anticipated dates of the first and last shipment.Depending on the time required to obtain consent from all authorities involved, the actual period covered by the notice may not correspond to these dates.

5.7.9 Transit Countries (Box 9)

Indicate all countries through which the hazardous wastes or hazardous recyclable materials will pass before reaching their final destination, and the amount of time they will spend in each. Attach an additional page, if necessary.

5.7.10 Hazardous Waste or Hazardous Recyclable Material Information (Box 10)

The following information must be provided for each hazardous waste or hazardous recyclable material:

  • International Waste Identification Code (IWIC): Enter the waste or the recyclable material’s seven-part IWIC code, as defined by OECD Decision C(94)152/Final, with the following modifications: substitute the “D” or “R” code with the appropriate code indicated in Schedule 1 or 2 of the Regulations ("G" may be used as a substitute for “L”, “P”, or “S” to describe the physical state for gases).
  • Basel/OECD Code: Indicate the Basel Annex VIII or OECD Appendix 4 code that best represents the hazardous waste or hazardous recyclable material in question.
  • Transportation of Dangerous Goods Regulations (TDGR) Product Identification Number (PIN): Provide the PIN set out in column 1 of Schedule 1 or column 5 of Schedule 3 of the TDGR, if applicable.
  • Primary TDGR Hazard Class: Enter the applicable class set out in column 3 of Schedule 1 or the primary class set out in column 4 of Schedule 3 of the TDGR, if applicable.
  • Quantity of Waste: Indicate, in kilograms or litres only, the total quantity of each type of waste or material that will be shipped under this notice for the whole year, regardless of how it may be divided if multiple shipments take place.
  • Packing Group/Risk Group: Enter the packing group or risk group of the waste, as set out in column 4 of Schedule 1 of the TDGR. More than one group can be entered on one line, where applicable.
  • Customs Code: Enter the applicable tariff item and statistical suffix set out in the Customs Tariff Departmental Consolidation published by Canadian Border Services Agency (CBSA). The code is composed of ten digits (i.e., six tariff item numbers and four statistical suffix numbers).
  • Identification Number and Description of Schedules 3, 4, 6, and 7: Enter both the ID number and description of the waste or material set out in schedules 3, 4, 6, and 7 of the Regulations. Footnote1
  • Persistent organic pollutants (POP) Information: Enter the name, quantity, and concentration of any POP set out in Schedule 10 of the Regulations that is contained in the waste or material in a quantity equal to or greater than that specified in column 3. Footnote 1
  • Description of the Disposal or Recycling Operation: Enter a description of the process to be employed with respect to the disposal or recycling operation, as set out in schedules 1 and 2, respectively.

For each hazardous waste or hazardous recyclable material, a new line containing the above information must be used.

For more information on determining the classification of a waste or material, please refer to the User's Guide to Hazardous Waste and Hazardous Recyclable Material Classification.

5.7.11 Exports of Hazardous Waste for Disposal (Box 11)

In the case of the export of hazardous waste destined for disposal, specify the options considered for reducing or phasing out the export of the waste and the reason that the final disposal is taking place outside Canada.

5.7.12 Statement of the Person Submitting the Notice (Box 12)

The person who submits the notice must include a signed and dated statement indicating that

  1. in the case of an export or import, the contract or series of contracts is in force,
  2. in the case of an export or import, if the waste or material cannot be disposed of or recycled in accordance with the permit, the Canadian exporter or Canadian importer will implement alternate arrangements or will return it to the facility from which it originated,
  3. the insurance policy covers the period of the shipment, and
  4. the information in the notice is complete and correct.

No agent can sign any document that, according to the Regulations, requires the signature of the exporter or importer.

In the case of an export or import, the applicable contracts must also be submitted as part of the notification requirements. These contracts are described in Section 7 of this document.


Footnotes

Footnote 1

Schedule 5 does not set out an Identification number, so the substance name identified in column 1 of that schedule is to be entered instead.

Return to footnote 1

Footnote 2

This information is required in order for Canada to meet its obligations under the Stockholm Convention. The management of waste POPs is a joint effort involving the secretariats of both the Stockholm and Basel conventions. The levels set out under the Regulations are consistent with the low POP content being used under the Basel Convention’s “General technical guidelines for the environmentally sound management of wastes consisting of, containing, or contaminated with POP.

Return to footnote 2