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Guidance document for Export of Substances on the Export Control List Regulations

1. The Export Control List

The Export Control List is a list of substances in Schedule 3 to the Canadian Environmental Protection Act, 1999 (CEPA 1999). It defines substances subject to the regulations and groups these substances into three parts:

  • Substances in Part 1 are subject to a prohibition on their use in Canada. They can be exported for the purpose of destruction or to comply with a direction issued by the Minister under subparagraph 99(b)(iii) of CEPA 1999. See subsection 5.2.1.
  • Substances in Part 2 are subject to an international agreement requiring the consent or notification of the importing country (i.e. the Rotterdam Convention). See subsection 5.2.2.
  • Substances in Part 3 are subject to domestic controls which restrict their use in Canada. See subsection 5.2.3.

The Export Control List is amended from time to time. Substances can be added to, or removed from, the List by Ministerial Order made by the Ministers of Environment and Health. Amendments to the List ensure Canada’s continued compliance with certain international treaties when exporting these substances. Orders amending the Export Control List are published in the Canada Gazette.

The Export of Substances on the Export Control List Regulations apply when a substance on the Export Control List is exported from Canada. This export can be:

  • the substance or pesticide mixture as identified on the Export Control List, or
  • a mixture, or product containing the substance identified on the Export Control List.

The Regulations describe the conditions under which the export of a substance listed in the Export Control List is acceptable and the procedures to follow. The procedures for exporting a substance can vary depending on the Part of the Export Control List the substance is listed to, and whether or not it is also listed under one or both of the Stockholm Convention or Rotterdam Convention.

 

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