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

Summary of Conditions on Exports, Imports and Transits

9.1 Exports

9.1.1 Where the Waste or Material May Be Exported

An exporter may only export hazardous waste or hazardous recyclable material to countries that are party to the Basel Convention, Organization for Economic Co-operation and Development (OECD) Decision C(2001)107/Final, or the Canada-United States of America (USA) Agreement.

No exports may be shipped south of 60o South latitude or to Antarctica.

9.1.2 What May Be Exported

The Regulations set out the conditions for the export of hazardous wastes and hazardous recyclable materials.

Some substances that fall within the Regulations’ definition of hazardous waste or hazardous recyclable material may be prohibited from export by other Canadian laws and, therefore, cannot be exported under the Regulations. Other substances have additional conditions placed on them by the Regulations. For example, biomedical waste, as defined by the Regulations, and infectious substances, as set out in the Transportation of Dangerous Goods Regulations (TDGR), may be exported only for disposal.

9.1.3 Who May Export

In order to obtain an export permit, a person must meet the conditions of what constitutes an exporter, as set out in the Regulations.

An exporter must be a resident of Canada or, in the case of a corporation, have a place of business in Canada. The exporter must also

  • be the owner or operator of a facility from which the waste or material will be exported, or
  • buy or sell hazardous recyclable material for the purposes of recycling, and export it to a country that is a party to OECD Decision C(2001)107/Final. Footnote 1

9.1.4 Permits

A permit will be issued by the Minister only after prior informed consent has been obtained from the authorities in the countries of transit and destination, in accordance with section 185 of Canadian Environmental Protection Act, 1999 (CEPA 1999).

The conditions that must be met are specified in both the Regulations and the export permit. They are as follows:

  • the hazardous waste or hazardous recyclable material must be transported by the authorized carriers named in the export permit
  • the waste or material must be exported through the ports of exit named in the export permit
  • the quantity of waste or material exported cannot exceed the quantity set out in the export permit
  • the waste must be disposed of or the material recycled at the authorized facility named in the export permit, using the disposal or recycling operation set out in the export permit
  • the waste or recyclable must be shipped within the valid dates of the permit
  • the permit identifies the waste or material that may be shipped

This information is similar to that required for notification. A Canadian exporter may notify Environment Canada with his or her intentions to export hazardous wastes or hazardous recyclable materials, but it is only after a rigorous approval process that a permit will be issued indicating what may be exported and how the export must be carried out.

In addition to meeting the requirements of the export permit, the Canadian exporter or authorized carrier must ensure that copies of both the permit and movement document accompany the waste or material and are deposited at the border.

Shipments of hazardous waste may also be subject to other local, provincial, national, or international laws, regulations, and agreements. The Regulations are meant to complement these additional controls, especially those related to safety. The provisions of the Regulations do not override or replace any other current federal or international laws, regulations, or agreements concerning the transportation of dangerous goods under which any given shipment of hazardous waste may be controlled.

It is important to note that most of the wastes and materials subject to the Regulations may also be subject to the TDGR. Exporters and authorized carriers must comply with the applicable Part 4 requirements of the TDGR governing such areas as proper vehicle placarding, labelling and packaging.

9.1.5 Time Limits

The disposal and recycling operations specified in the Regulations are consistent with those set out under Canada’s international obligations. These obligations also specify the time within which disposal or recycling must take place.

The following are interim operations that may take place prior to final disposal or recycling:

  • D14, D14, or D17
  • R12, R13, or R16

The authorized facility (commonly known as a “transfer station”) has 180 days to complete these interim disposal or recycling operations, after which time the waste or material must undergo final disposal or recycling.

The authorized facility has one year to complete the operations that constitute final disposal or recycling. If the jurisdictional authority requires final disposal or recycling to be completed within a shorter time frame, the authorized facility must comply with this requirement.

Within 30 days after the date on which the final disposal or recycling took place, the Canadian exporter must provide the Minister with written confirmation that the operation has been completed. There is no prescribed form for this confirmation.

9.1.6 Alternate Arrangements

Section 186 of CEPA 1999 prohibits the abandonment of any waste or material for which a permit has been issued.

Section 9(p) of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) sets out the conditions that must be followed when

  • alternate arrangements are undertaken to dispose of the waste or recycle the material, or
  • the waste or material is returned to the original country of export (Section 11).

If the shipment cannot be recycled or disposed of in the manner stated in the export permit (after the transboundary shipment process has begun), the Canadian exporter must

  • immediately notify the Minister [through the Waste Reduction and Management Division (WRMD)] and the authority in the country of import that the shipment cannot be accepted, and explain the reason for non-acceptance (e.g., the waste or material may be off-specification or the foreign receiver’s facility may not have the technical capability to dispose of or recycle it in an environmentally sound manner),
  • ensure that the waste or material is stored at an authorized alternate facility if it cannot be safely stored at the foreign receiver’s site (this may be necessary if the receiver’s site is not authorized by the jurisdiction to store the material until alternate arrangements have been made), and
  • within 90 days after the Minister was notified
  • make alternate arrangements for the disposal of the waste or recyclable material in the country of import at a facility other than the one named in the export permit, and provide the Minister with the name and address of the alternate facility and the name of a contact person, or
  • return the waste or recyclable material to the exporter’s original site in Canada, in accordance with the return conditions.

9.1.7 Movement Document

Before the shipment may begin, the Canadian exporter must complete and sign Part A of the movement document and provide it and a copy of the export permit to the first authorized carrier. The carrier must then complete and sign Part B of the movement document and provide a copy to the exporter. The shipment may then proceed.

The Canadian exporter has three working days after the date on which the waste or material was shipped to submit a copy of the movement document, with Parts A and B completed, to the Minister and, if required, the provincial authority.

A copy of the movement document and export permit must also be deposited at the Canada Customs by the Canadian exporter or authorized carrier. The Canadian exporter must ensure that the foreign receiver completes Part C of the movement document on receipt of the shipment, and provides a copy of the movement document and the export permit to the Canadian exporter. If the waste or material is not regulated as hazardous in the foreign jurisdiction, the exporter may, in accordance with the contract, sign Part C of the document on behalf of the foreign receiver.

The Canadian exporter has three working days after the date on which the hazardous waste or hazardous recyclable material was delivered to the foreign receiver to provide the movement document, with Parts A, B, and C completed, to the Minister and, if required, the provincial authority.

The following table summarizes the export conditions set out in Part 2 of the Regulations.

Table 2: Conditions on Exports for Disposal or Recycling
ConditionDescription
ApplicabilityAll exports of hazardous waste or hazardous recyclable material from Canada destined for disposal or recycling operations.
General Conditions

The importing country is a party to the Basel Convention, the Canada-USA Agreement, or OECD Decision C(2001)107/Final, and the import is not prohibited by that country.

Disposal or recycling will not take place in the Antarctic.

The export is not prohibited under Canadian law, nor is its movement prohibited by any countries of transit.

Biomedical waste, as defined by the Regulations, and infectious substances, as set out by the TDGR, may be exported for disposal only.

Exporters

The exporter must be a resident of Canada or, in the case of a corporation, have a place of business in Canada, and

  • be the owner/operator of the facility from which the hazardous waste or hazardous recyclable material will be exported, or
  • buy or sell hazardous recyclable material for the purposes of recycling for export to a country that is a party to OECD Decision C(2001)107/Final.
InsuranceThe Canadian exporter and authorized carriers must be insured (see section 37 of the EIHWHRMR).
Contracts

There is a signed, written contract between the Canadian exporter, the foreign receiver, and the authorized facilities containing

  • a description (including the quantity) of the hazardous waste or hazardous recyclable material to be exported,
  • the code and description of the proposed disposal or recycling operation as defined in Schedule 1 or 2, respectively, of the EIHWHRMR,
  • a requirement that the foreign receiver submit written confirmation to the Canadian exporter of the completion of the disposal or recycling operation within 30 days after the date on which it occurs, and
  • a statement that, if the waste or material is accepted but disposal or recycling cannot occur, the foreign importer will help the Canadian exporter meet his or her obligations under the Regulations.
Permit

No shipment can proceed unless the Minister is notified and an export permit is issued. Under the Regulations, notification serves as the application for the permit.

The conditions that must be met are set out in both the Regulations and the export permit.

Movement Document

The notice number and line-item number of the hazardous waste or hazardous recyclable material must appear on the movement document. The Canadian exporter must complete Part A of the document, the carrier Part B, and the foreign receiver Part C.

The Canadian exporter and every authorized carrier must keep a copy of the movement document at their principal place of business for a period of three days after the date of export.

Transport Issues

Copies of the movement document and export permit issued by Environment Canada must be deposited at Canada Customs.

The appropriate safety mark must be displayed on each shipment of hazardous waste or hazardous recyclable material, in accordance with Part 4 of the TDGR.

Authorized FacilityWhere a hazardous waste or hazardous recyclable material has been exported out of Canada and subjected to operations D13, D14, or D17 of Schedule 1 or R12, R13, or R16 of Schedule 2 of the EIHWHRMR, the waste or material must be disposed of or recycled at an authorized facility (submitted in accordance with section 8(v) of the Regulations) using an operation other than D13, D14, D17,l R12, R13, or R16. The disposal or recycling operation must be completed within 180 days after the date on which the hazardous waste or hazardous recyclable material was accepted by the authorized facility.

9.2 Imports

9.2.1 Where the Waste or Material May be Imported

An importer may only import hazardous waste or hazardous recyclable material from countries that are party to the Basel Convention, OECD Decision C(2001)107/Final, or the Canada-USA Agreement.

9.2.2 What May Be Imported

The Regulations set out the conditions for the import of hazardous waste and hazardous recyclable material.

Some substances that fall within the Regulations’ definition of hazardous waste or hazardous recyclable material may be prohibited from import by other Canadian laws and, therefore, cannot be imported under the Regulations. Other substances have additional conditions placed on them by the Regulations. For example, biomedical waste, as defined by the Regulations, and infectious substances, as set out in the TDGR, may be imported only for disposal.

9.2.3 Who May Import

In order to obtain an import permit, a person must meet the conditions of what constitutes an importer, as set out in the Regulations.

An importer must be a resident of Canada or, in the case of a corporation, have a place of business in Canada. The importer must also

  • be the owner or operator of a facility to which the waste or material will be imported, or
  • buy or sell hazardous recyclable material for the purposes of recycling. Footnote 2

9.2.4 DND Exemption

The Regulations exempt the DND from the conditions for importing hazardous wastes and hazardous recyclable materials (specified in sections 16 to 21 of the Regulations).

The stipulations governing this exemption are that

  • the hazardous waste must be generated by DND in the course of an operation it conducted outside of Canada,
  • the hazardous waste must be transported from the site of operation to a defence establishment defined in section 2 of the National Defence Act, and
  • the hazardous waste must be under the authority of the Minister of National Defence.

9.2.5 Permits

An import permit will be issued by the Minister only after prior informed consent has been obtained from the authorities of the countries of transit and the provincial authority of destination, in accordance with section 185 of CEPA 1999.

The conditions that must be met are specified in both the Regulations and the import permit. They are as follows:

  • the hazardous waste or hazardous recyclable material must be transported by the authorized carriers named in the import permit
  • the waste or material must be imported through the ports of entry named in the import permit
  • the quantity of waste or material exported cannot exceed the quantity set out in the import permit
  • the waste must be disposed of or the material recycled at the authorized facility named in the import permit, using the disposal or recycling operation set out in the import permit
  • the waste or recyclable must be shipped within the valid dates of the permit
  • the permit identifies the waste or material that may be shipped

This information is similar to that required for notification. A Canadian importer may notify Environment Canada with his or her intentions to import hazardous waste or hazardous recyclable material, but it is only after a rigorous approval process that a permit will be issued indicating what may be imported and how the import must be carried out.

In addition to meeting the requirements of the import permit, the Canadian importer or authorized carrier must ensure that copies of both the permit and movement document accompany the waste or material and are deposited at the border.

Shipments of hazardous wastes or hazardous recyclable material may be subject to other local, provincial, national, or international laws, regulations, and agreements. The Regulations are meant to complement these additional controls, especially those related to safety. The provisions of the Regulations do not override or replace any other current federal or international laws, regulations, or agreements concerning the transportation of dangerous goods under which any given shipment of hazardous waste or hazardous recyclable material may be controlled.

It is important to note that most of the wastes and materials subject to the Regulations may also be subject to the TDGR. Canadian importers and authorized carriers must comply with the applicable Part 4 requirements of the TDGR governing such areas as proper vehicle placarding, labelling, and packaging.

9.2.6 Time Limits

The disposal and recycling operations specified in the Regulations are consistent with those set out under Canada’s international obligations. These obligations also specify the time within which disposal or recycling must take place.

The following are interim operations that may take place prior to final disposal or recycling:

  • D14, D14, or D17
  • R12, R13, or R16

The authorized facility (commonly known as a “transfer station”) has 180 days to complete these interim disposal or recycling operations, after which time the waste or material must undergo final disposal or recycling.

The authorized facility has one year to complete the operations that constitute final disposal or recycling. If the jurisdictional authority requires final disposal or recycling to be completed within a shorter time frame, the authorized facility must comply with this requirement.

Within 30 days after the date on which the final disposal or recycling took place, the Canadian importer must provide the Minister with written confirmation that the operation has been completed. There is no prescribed form for this confirmation.

9.2.7 Alternate Arrangements

Section 186 of CEPA 1999 prohibits the abandonment of any waste or material for which a permit has been issued.

Section 16(o) of the EIHWHRMR sets out the conditions that must be followed when

  • alternate arrangements are undertaken to dispose of the waste or recycle the material, or
  • the waste or material is returned to the original country of export (see Section 11 of this document).

If the shipment cannot be recycled or disposed of in the manner stated in the import permit (after the transboundary shipment process has begun), the Canadian importer must

  • immediately notify the Minister (through the WRMD) and the authority in the country of export that the shipment cannot be accepted, and explain the reason for non-acceptance,
  • ensure that the waste or material is stored in an authorized alternate facility if it cannot be safety stored at the importer’s site (this may be necessary if the importer’s site is not authorized by the jurisdiction to store the material until alternate arrangements have been made), and
  • within 90 days after the Minister was notified
    • make alternate arrangements for the disposal of the waste or recyclable material in Canada at a facility other than the one named in the import permit, and provide the Minister with the name and address of the alternate facility and the name of a contact person (before shipping the waste or recyclable material to the alternate facility, the Canadian importer must receive confirmation from the Minister that the facility is authorized), or
    • return the waste or recyclable material to the foreign exporter’s original site, in accordance with the return conditions.

9.2.8 Movement Document

Before the import may begin, the Canadian importer must provide the foreign exporter with a copy of the movement document and import permit. In accordance with the contract, the foreign exporter must complete and sign Part A of the movement document and provide it and a copy of the import permit to the first authorized carrier. If the waste or material is not regulated as hazardous in the foreign jurisdiction, the importer may, in accordance with the contract, sign Part A on behalf of the foreign exporter.

The first authorized carrier must complete and sign Part B of the movement document and provide a copy to the foreign exporter. The shipment may then proceed.

The foreign exporter must provide the Canadian importer with a copy of the movement document, with Parts A and B completed, at the commencement of the shipment. The Canadian importer has three working days after the date on which the waste or material was shipped to submit a copy of the movement document, with Parts A and B completed, to the Minister and, if required, the provincial authority.

A copy of the movement document and permit must also be deposited at Canada Customs by the Canadian importer or authorized carrier. The Canadian importer must complete Part C of the movement document upon receipt of the shipment.

The importer has three working days after the date on which the delivery was received to provide the movement document, with Parts A, B, and C completed, to the Minister and, if required, the provincial authority.

The following table summarizes the import conditions set out in Part 3 of the Regulations.

Table 3: Conditions on Imports for Disposal or Recycling
ConditionDescription
ApplicabilityAll imports of hazardous waste or hazardous recyclable material into Canada destined for disposal or recycling operations.
General Conditions

The exporting country is a party to the Basel Convention, the Canada-USA Agreement, or OECD Decision C(2001)107/Final, and the export is not prohibited by that country.

The import is not prohibited under Canadian law, nor is its movement prohibited by any countries of transit.

Biomedical waste, as defined by the Regulations, or infectious substances, as set out by the TDGR, may be imported only for disposal.

Importers

The importer must be a resident of Canada or, in the case of a corporation, have a place of business in Canada, and

  • be the owner/operator of the facility to which the hazardous waste or hazardous recyclable material will be imported, or
  • buy or sell hazardous recyclable material for the purposes of recycling.
InsuranceThe Canadian importer and authorized carriers must be insured (see section 37 of the EIHWHRMR).
Contracts

There is a signed, written contract between the Canadian importer, foreign exporter, and the authorized facilities containing

  • a description (including the quantity) of the hazardous waste or hazardous recyclable material to be imported,
  • the code and description of the proposed disposal or recycling operation as defined in Schedule 1 or 2, respectively, of the EIHWHRMR,
  • a requirement that the foreign exporter send a copy of the movement document to the Canadian importer once Part A and B have been completed and the hazardous waste or hazardous recyclable material has been shipped, and
  • a statement that, if the waste or material is accepted but disposal or recycling cannot occur, the foreign exporter will help the Canadian importer fulfill his or her obligations under the Regulations.
Permit

No shipment can proceed unless the Minister is notified and an import permit is issued. Under the Regulations, notification serves as the application for the permit.

The conditions that must be met are set out in both the Regulations and the import permit.

Movement Document

The notice number and line-item number of the hazardous waste or hazardous recyclable material must appear on the movement document. The foreign exporter must fill out Part A of the movement document, the authorized carrier Part B, and the Canadian importer Part C.

The Canadian importer and every authorized carrier must keep a copy of the movement document at their principal place of business for a period of three days after the date of import.

Transport Issues

Copies of the movement document and import permit issued by Environment Canada must be deposited at Canada Customs.

The appropriate safety mark must be displayed on each shipment of hazardous waste or hazardous recyclable material in accordance with Part 4 of the TDGR.

Authorized FacilityWhere a hazardous waste or hazardous recyclable material has been imported into Canada and subjected to operations D13, D14, or D17 of Schedule 1 or R12, R13, or R16 of Schedule 2 of the EIHWHRMR the waste or material must be disposed of or recycled at an authorized facility (submitted in accordance with section 8(v) of the Regulations) using an operation other than D13, D14, D17, R12, R13, or R16. The disposal or recycling operation must be completed within 180 days after the date on which the hazardous waste or hazardous recyclable material was accepted by the authorized facility.

9.3 Transits

9.3.1 What Constitutes a Transit

There are two types of transits that may occur under CEPA 1999 and the Regulations:

  • a transit through Canada (e.g., from Alaska through British Columbia to Seattle, or from France through Canada to the USA)
  • a transit through a country other than Canada (e.g., from Alberta through the United States to southwestern Ontario)

Put simply, a transit is basically the import of hazardous waste or hazardous recyclable material into Canada and the subsequent export of the waste of material from Canada, or vice versa.

9.3.2 What May Be Conveyed in Transit

The Regulations set out the conditions for the transit of hazardous wastes and hazardous recyclable materials.

Some substances that fall within the Regulations’ definition of hazardous waste or hazardous recyclable material may be prohibited from import, export, or transit by other Canadian laws and, therefore, cannot be conveyed in transit under the Regulations.

9.3.3 Permits

A transit permit will be issued by the Minister only after prior informed consent has been obtained from the authorities of the countries of transit, in accordance with section 185 of CEPA 1999.

The conditions that must be met are specified in both the Regulations and the transit permit. They are as follows:

  • the hazardous waste or hazardous recyclable material must be transported by the authorized carriers named in the transit permit
  • the waste or material must be exported through the ports of exit and entry named in the transit permit
  • the quantity of waste or material exported cannot exceed the quantity set out in the transit permit
  • the waste or recyclable must be shipped within the valid dates of the permit
  • the permit identifies the waste or material that may be shipped

In addition to meeting the requirements of the transit permit, the Canadian exporter or foreign exporter must ensure that copies of both the permit and movement document accompany the waste or material, and are deposited at Canada Customs.

Shipments of hazardous waste or hazardous recyclable material may be subject to other local, provincial, national, or international laws, regulations, and agreements. The Regulations are meant to complement these additional controls, especially those related to safety. The provisions of the Regulations do not override or replace any other current federal or international laws, regulations, or agreements concerning the transportation of dangerous goods under which any given shipment of hazardous waste or hazardous recyclable material may be controlled.

It is important to note that most of the wastes and materials subject to the Regulations may also be subject to the TDGR. Exporters and authorized carriers must comply with the applicable Part 4 requirements of the TDGR governing such areas as proper vehicle placarding, labelling, and packaging.

9.3.4 Movement Document

For transit through Canada: Before the transit may begin, the first authorized carrier must ensure that the foreign exporter has completed and signed Part A of the movement document. The first authorized carrier must complete and sign Part B of the movement document and provide a copy to the foreign exporter. The shipment may then proceed.

The authorized carrier has three working days after the date on which the waste or material exited Canada to provide a copy of the movement document, with Parts A and B completed, to the Minister and, if required, the provincial authority. The carrier must also deposit a copy of the movement document and transit permit at Canada Customs.

For transit through a country other than Canada: Before the shipment may begin, the Canadian exporter must complete and sign Part A of the movement document and provide it and a copy of the transit permit to the first authorized carrier. The first authorized carrier must complete and sign Part B of the movement document and provide a copy to the Canadian exporter.

The Canadian exporter has three working days after the date on which the waste or material was shipped to provide a copy of the movement document, with Parts A and B completed, to the Minister and, if required, the provincial authority. The Canadian exporter or the authorized carrier must also deposit a copy of the movement document and permit at Canada Customs.

The Canadian importer must complete Part C of the movement document, and has three working days after the date on which the delivery was received to provide the movement document, with Parts A, B, and C completed, to the Minister and, if required, the provincial authority.

The following table summarizes the transit conditions set out in Part 4 of the Regulations.

Table 4: Transits for Disposal or Recycling
ConditionDescription
ApplicabilityAll hazardous wastes and hazardous recyclable materials that are being conveyed in transit through Canada.
General ConditionsThe export or import is not prohibited under Canadian law, nor does the country of transit object to the transit through its territory.
InsuranceIn the case of a transit through Canada, the authorized carrier must be insured; for transits through a country other than Canada, the Canadian exporter and the authorized carrier must be insured (see section 37 of the EIHWHRMR).
Permit

No shipment can proceed unless the Minister is notified and a transit permit is issued. Under the Regulations, notification serves as the application for the permit.

The conditions that must be met are set out in both the Regulations and the permit.

Movement DocumentThe notice number and line-item number from the transit permit must appear on the movement document. The exporter (Canadian or foreign) must fill out Part A of the movement document, the authorized carrier Part B, and (if applicable) the Canadian importer Part C.
Transport Issues

Copies of the movement document and transit permit issued by Environment Canada must be deposited at Canada Customs.

The appropriate safety mark must be displayed on each shipment of hazardous waste or hazardous recyclable material, in accordance with Part 4 of the TDGR.


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