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

Appropriate Authorities

After Waste Reduction and Management Division (WRMD) has received the notification and its accompanying documents, a thorough technical review of the accuracy and completion 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, WRMD submits the notification information to the competent authority in the country of import, as designated by the Basel Convention, for review and consent. For exports to the United States of America (USA), the notification information is sent to the United States Environmental Protection Agency (US EPA).

In the case of an import, WRMD submits the notification information 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 Canada (EC) 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 once the notification has been satisfactorily completed and all authorizations are in place. No one shall import, export, or transit without a permit.

Tacit consent is a government-to-government mechanism under Organization for Economic Co-operation and Development (OECD) Decision C(2001)107/Final and the Canada-USA Agreement. This mechanism allows EC to issue 30-day tacit consent for hazardous recyclable materials exported to or imported from a country that is party to the OECD Decision. EC may also issue 30-day tacit consent for hazardous wastes and hazardous recyclable materials under the Canada-USA Agreement. These provisions have not been included in the Regulations, as they are best addressed administratively.