Permit of Equivalent Level of Environmental Safety issued under section 190 of Canadian Environmental Protection Act, 1999

• 1. Permit Number
• 2. Permit Holder
• 3. Mode of Transport
• 4. Issue date
• 5. Expiry Date
• 6. Regulations
• 7. Definitions
• 8. Application
• 9. Description of Hazardous Recyclable Material
• 10. Conditions
• 11. Miscellaneous Matters
• 12. Revocation
• 13. Schedule 1

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1. Permit Number

EC 02-02/9 (Ren 5)

2. Permit Holder

Name : Rechargeable Battery Recycling Corporation of Canada

Street Address :
4576 Yonge Street, suite 606
Toronto (Ontario) M2N 6N4
Canada

Telephone : 416-224-0141

Facsimile : 416-987-6877

3. Mode of Transport

road or marine

4. Issue date

May 7, 2012

5. Expiry Date

May 7, 2015

6. Regulations

Interprovincial Movement of Hazardous Waste Regulations (IMHWR)

 

7. Definitions

(1) The definitions in this subsection apply in this Permit.

a. “IMHWR” means the Interprovincial Movement of Hazardous Waste Regulations;

b. The definitions in section 1 of the IMHWR apply in this Permit;

c. The “Consignors”, as defined in section 1 of the IMHWR, are the participants of the program “Call2Recycle!” registered with the Permit Holder as collection sites for batteries or cell phones, as described in section 9 of this Permit;

d. “Shipping site” means a collection site for batteries or cell phones, as described in section 9 of this Permit, registered with the Permit Holder under the program “Call2Recycle!”, and from which the batteries or cell phones are transported;

e. The “Consignee”, as defined in section 1 of the IMHWR, is one of the following consolidation facilities, confirmed by an agreement with the Permit Holder, that receive batteries or cell phones, as described in section 9 of this Permit, under the program “Call2Recycle!”:

i) Newalta Corporation
1731 Pettit Road
Fort Erie, Ontario
L2A 5N1

ii) Toxco Waste Management Ltd.
9384 Highway 22A
Trail, British Columbia
V1R 4W6

f. “Director” means the
Director
Waste Reduction and Management Division
Environment Canada
Place Vincent-Massey, 9th Floor
351 St-Joseph Blvd.
Gatineau, Quebec
Canada
K1A 0H3
Telephone: (819) 997-3377
Facsimile:   (819) 997-3068;

8. Application

(1) Permit EC 02-02/9 (Ren 4 – Amendment 2) is repealed and replaced by this Permit [EC 02-02/9 (Ren 5)].

(2) This Permit is hereby granted to the Permit Holder for the purpose of collecting from multiple sites, transporting within Canada, and the recycling of batteries or cell phones that meet the definition of hazardous wastes of the IMHWR, and are described in section 9 of this Permit.

(3) The Permit Holder, the consignor, the consignee and any authorized carrier transporting hazardous waste under this Permit, shall comply with all of the requirements of the IMHWR. However, where requirements other than those of the IMHWR are expressly set out in this Permit (including the conditions), those requirements apply.

(4) The Permit Holder shall comply with all of the conditions listed in Schedule 1 of this Permit.

(5) The consignor, the consignee and any authorized carrier transporting hazardous waste under this Permit shall comply with the conditions listed in Schedule 1 of this Permit that apply to their field of activity.

9. Description of Hazardous Recyclable Material

 

(1) For the purposes of this Permit, a “battery” means, and is strictly limited to, the types of batteries that meet the criteria for Class 8 of the Transportation of Dangerous Goods Regulations (TDGR), such that they:

1. are known to cause full thickness destruction of human skin, that is, skin lesions that are permanent and destroy all layers of the outer skin through to the internal tissues;
2. cause full thickness skin destruction, as determined in accordance with the OECD Guidelines; or
3. do not cause full thickness destruction of skin, but exhibit a corrosion rate that exceeds 6.25 mm per year at a test temperature of 55°C, as determined in accordance with the ASTM Corrosion Test;

(2) or that meet the criteria for Class 9 of the TDGR, such that they contain a substance that:

1. is included in Class 9 in column 3 of Schedule 1 of the TDGR; or
2. is not included in Class 9 in column 3 of Schedule 1 of the TDGR and does not meet the criteria for inclusion in any of Classes 1 to 8 and is listed in Appendix 1, Marine Pollutants, to Part 2 of the TDGR.

(3) ’’Battery’’ includes:

1. lithium ion; lithium ion polymer; or lithium metal batteries (UN3090 or UN3480);
2. small lead acid batteries (UN2800);
3. any other type of primary and secondary batteries (alkaline; nickel metal-hydride; nickel-cadmium; nickel-zinc; zinc-air, zinc-carbon; and various button cell primary batteries such as those used in hearing aids, watches and cameras) that can be described with UN1759; UN2813; UN2923; UN3028; UN3084; UN3085; UN3095; UN3096; UN3131; UN3496 or any other applicable TDGR product identification number.

(4) “Battery” expressly excludes automotive, marine and other wet or spillable batteries (including spillable lead acid batteries), pursuant to the TDGR;

(5) “Cell phone” means any phones that appear to have been lawfully used in Canada at any time after 1983 as part of the mobile radio-telephone service licensed by Industry Canada to utilize 50 MHz of spectrum in the 800 MHz band, and individually weigh less than one kilogram, but does not include household cordless phones, mobile installed or bag phones, two-way radios, walkie-talkies, and pagers.

10. Conditions

(1) This Permit authorizes the Permit Holder, the consignor, the consignee and any authorized carrier transporting hazardous waste under this Permit to transport within Canada hazardous waste, in a manner that is at variance with sections 3 and 4 of the IMHWR, under the following conditions:

1. the hazardous wastes are batteries or cell phones, as described in section 9, that are destined to recycling.
2. the hazardous wastes are collected from the Permit Holder’s batteries and cell phones collection sites, and transported within Canada from a shipping site to one of the consolidation facility identified in paragraph 7(e) of this Permit;
3. the hazardous wastes are transported by an authorized carrier.

(2) In lieu of a manifest required under subsection 3(1) of the IMHWR and of the requirements set out in subsections 3(2), 4(1) and 4(2), the consignor shall ensures that the container in which the hazardous waste is packaged is accompanied by a document, such as a shipping label or a bill of lading, that includes the following information:

1. shipping site address or other means to identify the shipping site address;
2. receiving site address;
3. shipping date;
4. for bulk shipments, total quantity of batteries and cell phones;
5. for shipment of a box, a recommendation that the quantity will not exceed 22 kg, unless otherwise labelled.
6. TDGR class(es) applicable for the set of batteries or cell phones;
7. the following statement:

“Shipped in accordance with the Permit of Equivalent Level of Environmental Safety EC 02-02/9”

 or

“Expédié conformément au Permis de sécurité environnementale équivalente EC 02-02/9”.

(3) In lieu of the requirements set out in subsection 4(4), every authorized carrier that transports that the hazardous waste shall ensure that the document referred to in subsection 10(2) of this Permit accompany the hazardous waste.

(4) In lieu of the requirements set out in subsections 4(3), 4(5) and 4(6) of the IMHWR:

a. The Permit Holder must provide, on a quarterly basis, a report that includes the information listed in paragraphs 10(2)a) to 10(2)c) of this Permit, in addition to the following information:

i) a list of authorized carriers used for the shipments that happened during the period covered by the report,

ii) total quantity for each type of batteries and cell phones during the period covered by the quarterly report,

iii) TDGR Class in which each type of batteries or cell phones, and

iv) TDGR product identification number associated with each type or batteries or cell phones,

to the authorities of the province where the waste originated and of the province of destination, if they request it.

b. The consignee gather and provide data to fill in the report referred to in paragraph 4a. above to the Permit Holder, as agreed between them.

(5) In lieu of the requirements set out in subsection 4(7) of the IMHWR, a record containing all information related to the movements within Canada of hazardous wastes under this permit, is maintained for two years by the Permit Holder at their street address in Canada, as set out in section 2 of this Permit, so that the record is available for inspection by an enforcement officer or an analyst designated under section 217 of the Canadian Environmental Protection Act, 1999.

 

11. Miscellaneous Matters

(1) The Permit Holder, the consignor, the consignee or any authorized carrier transporting hazardous waste under this Permit , must be in compliance with all other applicable Canadian laws, including provincial laws.

(2) The Permit Holder will inform, in writing, the Director of any change to:

1. the Permit Holder’s name, street address, telephone or facsimile as set out in section 2 of this Permit;
2. the name, street address, telephone, facsimile or email of the Contact Person identified in section 13 of this permit;

within 30 days of the change.

(3) This Permit is non transferable.

(4) The Permit Holder’s street address in section 2 of this Permit must correspond to a place in Canada.

12. Revocation

The Minister of the Environment may revoke this permit if one of the situations described in subsection 190(3) of the Canadian Environmental Protection Act 1999 applies.

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Schedule 1

Table 1: Conditions and Consent from the Provincial and Territorial Authorities

#	Provincial/Territorial Authority	Conditions
1	Yukon	No condition specified.
2	Northwest Territories	Please contact the Northwest Territories Department of Transportation as an authority for transport safety of the listed dangerous goods in the PELES.
3	Nunavut	No condition specified.
4	British Columbia	For parties involved in any activities taking place in British Columbia (BC), the referenced document (subsection 10(4)a)) should include a summary of the regulated parties' information, including a list of consignors, carriers and consignees, including, where required, the Provincial ID Numbers (i.e.: BC Generator Numbers) for generators (consignors), transport licence numbers for carriers and permit or registered site numbers for receivers (consignees).
		The PELES issued by Environment Canada does not supersede the requirements of the provincial Environmental Management Act and Hazardous Waste Regulation.  Therefore, where there are inconsistencies, RBRC and/or any other regulated parties must apply for any necessary exemptions or changes in requirements under Section 51 of the Hazardous Waste Regulation.
		Except as provided for under Section 45 of the Hazardous Waste Regulation or unless otherwise authorized, carriers of hazardous waste are required to hold a valid licence to transport hazardous waste issued by the BC Ministry of Environment when transporting such wastes in BC.
		The BC Ministry of Environment formally requests that the document describing the actual movement of hazardous waste be provided quarterly to the BC Ministry of Environment when hazardous waste is originated from or destined to British Columbia. The ministry prefers the document be sent in electronic format.
5	Alberta	No condition specified.
6	Saskatchewan	No condition specified.
7	Manitoba	As per subsection 10(4)a) of the PELES, the Province of Manitoba will require the quarterly information. Please send to Raj.Rathamano@gov.mb.ca.
8	Ontario	No condition specified.
9	Quebec	Please note that the matter of transportation to the consignee site is not under the jurisdiction of the Sustainable Development, Environment and Parks Ministry (MDDEP) and that carriers carrying their activities will have to be compliant with any transportation rules in Quebec.
10	New-Brunswick	NB Request that RBRC submits an annual report with information on how much batteries (weight and/or number) leave New Brunswick and how they are shipped. The report can be submitted by email or regular mail to Sheryl Johnstone, P.Eng Industrial Approvals Engineer Impact Management Department of Environment P.O. Box 6000 Fredericton, NB  E3A 5S6 Fax (506) 457-7805 sheryl.johnstone@gnb.ca
11	Nova Scotia	No condition specified.
12	Prince-Edward-Island	No condition specified.
13	Newfoundland and Labrador	No condition specified.