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ARCHIVED - CEPA - Annual Report for the Period April 1993 to March 1994

CEPA Part II: Toxic Substances

Part II of CEPA focuses on reducing the risks posed by new and existing substances. In order to distinguish new substances from existing ones and to prescribe reporting requirements for new substances, Environment Canada has developed two major inventories

  • the Domestic Substances List, an inventory of all chemicals known to be in use in Canada during 1984-86; and
  • the Non-domestic Substances List, an inventory of substances not in use in Canada from 1984-86 but used elsewhere.

Part II of CEPA also requires the establishment of the Priority Substances List (PSL), a list of substances considered most important for assessment.

The Priority Substances List

The first Priority Substances List (PSL), published in February 1989 by the Ministers of the Environment and of Health, comprised 44 substances. About one third of the substances on the list were families of chemicals or effluents, some of which may comprise up to several hundred individual substances. Assessment of these substances, to determine whether they were toxic or capable of becoming toxic, as defined under Section 11 of CEPA, was thus given high priority.

According to CEPA, a substance is toxic if it is entering or may enter the environment in a quantity, or concentration, or under conditions

  • having, or that may have, an immediate or long-term harmful effect on the environment;
  • constituting, or that may constitute, a danger to the environment on which human life depends; or
  • constituting, or that may constitute, a danger in Canada to human life or health.

The Government completed assessments of all 44 substances on the PSL within the five-year time frame referenced in Section 14 of CEPA. Of the original 44 substances, 25 were found to be toxic. Regulations for four of the toxic substances--polychlorinated dibenzodioxins, polychlorinated dibenzofurans, effluents from pulp mills using bleaching, and 1,1,1-trichloroethane--have already been implemented in the Pulp and Paper Mill Defoamer and Wood Chip Regulations and Pulp and Paper Mill Effluent Chlorinated Dioxin and Furan Regulations, which came into effect in 1992, and the Ozone-Depleting Substances Regulations (1993). Of the remaining 21 substances found to be toxic, two--chloromethyl methyl ether and bis(chloromethyl) ether--were proposed for regulation, while the other 19 substances are subject to a Strategic Options Process that will determine measures needed to reduce exposure to them. Environment Canada and provincial governments, in cooperation with federal partners and affected stakeholders, are considering all options including voluntary, economic and regulatory instruments and will recommend the most appropriate responses for these substances.

The Government plans to finish assessing 100 substances by the year 2000. In April 1993, Environment Canada and Health Canada released for comment a proposal to revise the PSL using an open, science-based process to select substances. The proposal suggested a process for substance nomination, criteria for screening substances, and considerations for a Ministerial Expert Advisory Panel that would recommend a new list. The government's aim is to finalize the revised PSL in 1994-95 and to revise it again every three years.

Collecting Information

Sections 15 through 18 of CEPA allow the federal government to collect data and samples concerning the production, application and importation of substances.

National Pollutant Release Inventory

With a notice in the Canada Gazette requiring facilities to report releases and transfers of waste of 178 substances, the federal government initiated a National Pollutant Release Inventory (NPRI) in March 1993. The notice was based on recommendations made to the Minister by a Multi-Stakeholder Advisory Committee charged with developing criteria for the NPRI. Reports are now being received for the 1993 reporting year, from which the NPRI annual summary report will be prepared. Following publication of the summary report, all information, except confidential information, will be made available to the public by electronic means.

Environment Canada will continue to address outstanding issues identified in the Multi-Stakeholder Advisory Committee report and any other proposed changes to the program through consultation with Canadian stakeholders.

A second notice was published in the Canada Gazette in February 1994 for the 1994 reporting year.

Confidentiality Requests

In some circumstances, a person may submit a written request for confidentiality when providing information on toxic substances (Section 19). Section 20 provides for the non-disclosure of information that has been submitted with a request for confidentiality. Such requests are subject to certain terms and conditions.

Disclosing Information

Information collected under CEPA may be disclosed if it consists of

  • general data on uses of a substance;
  • occupational exposure studies;
  • recommended methods for disposal and elimination of a substance;
  • toxicological, clinical and ecological studies of a substance;
  • safe handling precautions;
  • physical and chemical data that do not reveal the identity of a ubstance;
  • safety measures to be taken in case of accidents involving a substance;
  • health and safety data;
  • tests performed under CEPA; or
  • test methods and results of product or environmental testing when carried out by, or on behalf of, a government institution, unless it was done for a fee as a service to other than a federal government institution.

In 1993-94, Environment Canada received 17 requests under the Access to Information Act for information related to CEPA, on the following subjects:

  • import and export of hazardous waste;
  • environmental regulations;
  • CEPA prosecutions and convictions;
  • PCBs;
  • dioxin and furan regulations;
  • the CEPA Federal-Provincial Advisory Committee; and
  • the Canada-U.S. Air Quality Committee.

Environment Canada released complete or partial documents in response to four requests, and exempted or excluded documents related to four other requests. The Department was unable to locate information to respond to two requests. Five requests were abandoned or could not be processed. The Department treated one request informally, and one request is ongoing.

The Domestic Substances List

The Domestic Substances List is an inventory of more than 21,000 substances manufactured in or imported into Canada on a commercial scale between 1984 and 1986. Environment Canada published the first list in the January 1991 edition of the Canada Gazette Part I. In May 1994, it will publish a revised list in the Canada Gazette Part II, incorporating deletions, additions and corrections to the 1991 publication.

Environment Canada uses this list as its sole basis for determining whether a substance is "existing" or "new" to Canada. It also relies on the list when deciding whether substances require notification or assessment before they are manufactured in Canada or are imported into the country. Substances on this list are exempt from CEPA's New Substances provisions, as they are considered to be "in use" in Canada. However, existing substances that could cause adverse environmental or health effects are covered by Priority Substances List assessments.

In a new development, Environment Canada is considering the inclusion of biotechnology products on the Domestic Substances List. The Department has advised Canadian manufacturers and importers of this initiative and has assembled a provisional list of micro-organisms and products of organisms that meet the criteria for inclusion on the Domestic Substances List.

The Non-domestic Substances List

There are 41,000 substances on the Non-domestic Substances List known to be commercially available around the world, but not on the Canadian market.

This list recognizes substances that are not on the Domestic Substances List but are not new to world commerce. The Government requires less detailed information about these substances than about substances new to Canada.

Environment Canada chose the United States' 1985 Toxic Substances Control Act Inventory as a basis for this list. It deleted all substances on Canada's Domestic Substances List from the non-confidential portion of the U.S. inventory to produce the Non-domestic Substances List.

The list appeared, along with the Domestic Substances List, in the Canada Gazette Part I on January 26, 1991. Beginning in 1995, Environment Canada plans to update this list annually.

New Substances

Notification and assessment is required before substances not on the Domestic Substances List can be manufactured in or imported into Canada. The New Substances Notification Regulations will prescribe the information required from manufacturers and importers for this notification.

New Substances Notification Regulations: Chemicals and Polymers

The New Substances Notification Regulations for chemicals and polymers were published in the Canada Gazette Part I on May 1, 1993, followed by a 60-day period for public comment. The regulations will be published in the Canada Gazette Part II in April 1994 and will go into effect on July 1, 1994.

These regulations mark the beginning of CEPA's New Substances Notification Program. They require manufacturers and importers to supply specified information on new commercial substances, including chemical identity; toxicological and environmental effects data; manufacturing, processing and use data; and the volumes proposed for manufacture and import. Substances on the Non-domestic Substances List, however, have fewer notification requirements than other new substances.

New substances are divided into categories, such as site-limited intermediates, export only, and research and development substances. The characteristics of each category and any anticipated concerns determine the nature of the information required about new substances. The Government may require additional information or testing, impose controls, or ban the manufacture or importation of a substance if it suspects the substance is toxic.

Regulatory Impact Analysis Statement

Environment Canada developed a Regulatory Impact Analysis Statement for the New Substances Notification Regulations to evaluate potential costs and benefits associated with their implementation. The analysis examined such factors as annual costs to notifiers, administrative costs to industry, impacts on innovation, cost to the Government and anticipated benefits. It concluded that the increase in regulatory costs should not be a significant financial burden to industry and will result in various benefits for society.

Guidelines for the Notification and Testing of New Substances

Following the proposal of the regulations in the Canada Gazette Part I, the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers were completed. The guidelines explain why a substance is subject to notification and identify the applicable information requirements. As well, they provide step-by-step instructions for preparing notification documentation, identify appropriate test procedures and practices, and outline how to treat confidential information.

New Substances Notification Regulations: Biotechnology

Following public review, recommendations on New Substances Notification Regulations for Biotechnology Products included

  • clarifying the scope of the regulations;
  • adding biotechnology products to the Domestic Substances List;
  • reviewing the information requirements; and
  • making regulations "risk-based," rather than "stage-of-development-based."

These recommendations were included in draft New Substance Notification Regulations and a background document for biotechnology products prepared for a multi-stakeholder consultation in December 1992. Following the consultation, consensus changes were made to the draft regulations, and multi-stakeholder task forces were formed to address consortia, waste treatment, and fate and effects testing. Task force reports and the revised draft regulations were the subject of a second consultation in July 1993. A final consultation planned for early 1995 will address additional concerns and revision of the draft regulations. A Regulatory Impact Analysis Statement for the New Substance Notification Regulations dealing with biotechnology products will then be drafted, based on an assessment of the impacts associated with the regulations.

Confidential Business Information

Draft regulations have been developed for confidential business information submissions and for masking chemical names published on the Domestic Substances List and the Non-domestic Substances List for reasons of confidentiality. The Masked Names Regulations will be published in the Canada Gazette Part II in April 1 1994.

Good Laboratory Practice

In 1993-94, Environment Canada formed a Good Laboratory Practice (GLP) Compliance Monitoring Unit in response to an Organization for Economic Co-operation and Development (OECD) Council decision on the mutual acceptance of data for tests involving the health and safety evaluation of chemicals and a requirement in the New Substances Notification Regulations that will come into effect in July 1994. The GLP program will inspect domestic laboratories supplying test data for new substances notifications, determine the compliance status of foreign laboratories supplying similar data, and participate in ongoing OECD activities on the development and use of GLP in member countries.

In the near future, the GLP Compliance Monitoring Unit will prepare for public consultation on the development of a specific Canadian GLP program within the OECD framework, explore the development of bilateral and multilateral agreements on the mutual acceptance of data, and participate in OECD-related activities.

Creating Regulations

Regulations can be developed under various parts of CEPA. Before they have the force of law, CEPA regulations pass through many stages to allow time for public comment and close examination of implications. For hazards requiring immediate action, however, the Government may issue interim orders and temporarily by-pass the public consultation system.

Regulations typically begin with an assessment report that establishes a scientific basis for control. The Government considers a number of options before pursuing regulations, but where regulations are the preferred course of action, draft versions are developed and sent to a Cabinet committee following public consultation.

Proposed regulations appear in the Canada Gazette Part I with a Regulatory Impact Analysis Statement (RIAS) summarizing the purpose of the regulations, alternatives, benefits and costs, consultation, and enforcement and compliance. Following a 60-day period set aside for public comment, the Government finalizes the proposed regulations. After regulations are registered, they are in force and are published in the Canada Gazette Part II.

Throughout the decision-making process for all environmental protection initiatives, the government's approach to regulation takes socio-economic issues into account. This includes

  • developing socio-economic background studies;
  • assessing the effectiveness of alternative instruments for achieving environmental protection objectives; and
  • evaluating and quantifying the benefits of the selected instruments.

These considerations provide for more informed decision making and improve the quality of the RIAS.

Strategic Options Process

Acting as partners, Environment Canada, Health Canada, provincial governments and other federal departments are using a multi-stakeholder consultative approach to develop effective and efficient options for managing CEPA toxic substances. To provide the best advice to accountable federal and provincial ministers, these partners are consulting key industry and non-governmental stakeholders. The primary principles of this approach are public participation, openness and transparency, disciplined cost effectiveness, flexibility, cross-sectoral equity, and harmonized management of CEPA toxics across federal and provincial governments.

Partners and stakeholders will consider a wide range of tools to achieve environmental and health objectives, including market-based tools (trading programs, taxes and charges, financial incentives, environmental liability and deposit/refund systems), voluntary actions (guidelines and multi-stakeholder protocols), information provision (environmental labelling, technology development and transfer, government reports/inventories, citizenship) and regulation.

In the first two years, partners and stakeholders will use this approach to develop options for action on substances declared toxic in the CEPA Priority Substance List Assessments. Then they will assess the process and refine it if necessary.

Regulatory Review

In 1993-94, Environment Canada reviewed 25 CEPA regulations in accordance with Treasury Board's government-wide review of regulations. An independent external panel was set up to advise the Department on the review process and to challenge the results. Regulations were assessed against criteria designed to facilitate collection of information about the objectives, control measures, and history of the regulations, and about comparable situations in the provinces, territories and other countries. The criteria were designed also to assist in analyzing the impacts of the regulations in terms of environmental sustainability, competitiveness, obsolescence, duplication, trade barriers, costs, benefits, and alternatives to the existing regulations.

Environment Canada published the findings in a discussion document in November 1993 and initiated public consultation at that time. The review did not raise any significant competitiveness issues. Such concerns were expressed only at a very general level and dealt with the overall burden of the total of regulations from all jurisdictions.

The review, however, did identify some areas of overlap and duplication with provincial requirements. Specifically, overlap exists where three older federal regulations dealing with the control of toxic air emissions were rolled over into CEPA from the Clean Air Act. As well, there is a partial overlap in the Storage of PCB Materials Regulations and the Pulp and Paper Mill Effluent Chlorinated Dioxin and Furan Regulations.

The review also identified many areas where there is no overlap. These areas include the regulation of federal lands and activities, ocean disposal, international waste transport and notification, product manufacturing, product prohibitions and product information gathering.

Environment Canada, through the Canadian Council of Ministers of the Environment (CCME) Harmonization Initiative and other multi-stakeholder processes, intends to investigate the response strategies for the regulations that the Review identified as overlapping to degree with provincial requirements. The Parliamentary review of CEPA, will also provide an opportunity to examine federal-provincial harmonization in developing environmental policy. The result will be a better integration of federal-provincial responses to environmental issues, perhaps with fewer federal regulations or with a readjustment of federal regulatory provisions.

In addition, the review identified opportunities to streamline, simplify and consolidate regulations. Environment Canada is pursuing the consolidation of three ozone-depleting substances regulations and three prohibited substances regulations. It will also conduct a feasibility study to examine the possibility of creating a consolidated PCB regulation. Work to determine whether or not two other regulations should be revoked is also under way.

The results of the regulatory review support the use of alternative instruments in place of or combined with regulations. The Department is currently supporting the development and use of a wider range of alternative instruments and strategies to achieve environmental objectives through the creation in 1994 of a multi-stakeholder Strategic Options Process. Through this process, the Department, in collaboration with key partners and stakeholders, will identify and evaluate a range of tools for meeting environmental objectives. The process explores beyond traditional command and control regulations and is focused on promoting harmonization between federal and provincial governments. The process will lead to recommendations on the most effective and efficient tools to achieve environmental objectives.

Recently Developed Regulations and Amendments

Twenty-five regulations are currently in place under CEPA. Over the past year, the Department brought one new regulation into force, made major revisions to one regulation, and continued work on several other regulatory initiatives. The Government also introduced an Omnibus Amendment Order during the year. It allows departments to make minor, non-contentious amendments with no policy implications through a streamlined process. Through the use of this Order, one regulation was amended and amendments to five other regulations were proposed.

CEPA Omnibus Amendment Order, 1992

The Omnibus Amendment Order allows departments to clean up various regulations requiring minor changes or corrections without following the normal lengthy regulatory process. Under the Omnibus Amendment Order published in the Canada Gazette Part II on June 2, 1993, the following regulations under CEPA were amended:

  • Asbestos Mines and Mills Release Regulations;
  • Chlor-Alkali Mercury Release Regulations;
  • PCB Waste Export Regulations;
  • Pulp and Paper Mill Effluent Chlorinated Dioxin and Furan Regulations; and
  • Federal Mobile PCB Treatment and Destruction Regulations.

Amendments to CEPA Schedule III and Ocean Dumping Regulations

The London Convention 1972, to which Canada and 70 other countries are parties, has started an amendment process to address immediate and long-term disposal at sea issues. Aimed at strengthening safeguards of the marine environment, amendments to the Ocean Dumping Regulations are being made in two phases. The changes to the regulations are the result of consultation with industry, environmental groups, the provinces and other government departments.

The first phase of the regulatory amendments consisted of a revision of permit application fees and forms. More specifically, application fees were changed from a scale of $50 to $1,000 to a flat fee of $2,500 for all applicants, including federal government departments. Furthermore, in order to improve controls on ocean disposal, additional information concerning project justification, evaluation of alternatives and waste audit is now required. These amendments to the Ocean Dumping Regulations were published in Canada Gazette Part II on September 8, 1993 and came into force on September 30, 1993.

The second phase consists of proposed new environmental assessment procedures and standards to better account for effects on the marine environment.

Consultations were undertaken across Canada during October 1993 to begin preparations for the Phase II Regulatory Amendments. Changes that are being contemplated include

  • replacing current chemical limits with guidelines based on no-effect data;
  • adopting a tiered testing approach for evaluating materials for ocean disposal; and
  • incorporating the Waste Assessment Framework of the London Convention 1972.

To implement the London Convention ban on ocean disposal of industrial and radioactive wastes, proposed amendments to the regulations and to CEPA were published in the Canada Gazette Part I on March 19, 1993. No objections were received during the 60-day comment period. Publication of the Order-in-Council in the Canada Gazette Part II, which will bring the changes into force, is anticipated in the fall of 1994.

As well, the Parliamentary Review of CEPA to begin in June 1994 will include consideration of changes to CEPA Part VI, including

  • introducing a permit fee based on the type and quantity of material disposed;
  • modifying Schedule III to reflect a reverse listing approach, if that approach is adopted by parties to the London Convention 1972;
  • clarifying the definition of dumping; and
  • harmonizing Part VI inspectors' powers with those under other parts of the Act.

In 1994-95, a socio-economic study will be undertaken to examine permit fees. An analysis of options and a study assessing the socio-economic impacts of the Phase II amendments will be prepared in fiscal year 1995-96, as will the draft Phase II amendments themselves. Publication of the draft and final amendments in the Canada Gazette is expected by 1996.

Ozone-Depleting Substances Regulations

The Montreal Protocol

In September 1987, Canada joined 23 nations in signing the United Nations Environment Programme Montreal Protocol on Substances that Deplete the Ozone Layer. The Protocol states that CFCs, halons and other substances deplete the atmosphere's ozone layer. As of February 28, 1994, 133 countries had signed it. They agreed to cooperate to prevent a global environmental and health crisis by implementing domestic regulations to control these substances.

In 1990, amendments to the Montreal Protocol accelerated the phase-out schedule for CFCs and halons to the year 2000, added methyl chloroform and carbon tetrachloride to the list of controlled substances, and provided financial support to help developing countries phase out ozone-depleting substances.

Two years later, at a meeting in Copenhagen, Denmark, parties to the Montreal Protocol agreed to phase out consumption and production of halons by January 1, 1994, and consumption and production of CFCs, methyl chloroform and carbon tetrachloride by January 1, 1996. Canada had already announced it would phase out production and consumption of carbon tetrachloride by January 1, 1995.

In Copenhagen, the parties also added hydrobromofluorocarbons (HBFCs), hydrochlorofluorocarbons (HCFCs) and methyl bromide to the list of controlled substances. In addition, Canada chaired a sub-committee to develop a list of acceptable destruction procedures for ozone-depleting substances. The final report was tabled and accepted at the Copenhagen meeting.

CEPA Regulations and Amendments
RegulationPublication in Canada Gazette, Part II
Ocean Dumping Regulations, 1988 AmendmentSeptember 1993
CEPA Omnibus Amendment Order, 1992June 1993
Ozone-Depleting Substances Regulations No. 4May 1993
Export and Import of Hazardous Waste RegulationsDecember 1992
Toxic Substances Export Notification RegulationsDecember 1992
Vinyl Chloride Release Regulations (revision)December 1992
Pulp and Paper Mill Defoamer and Wood Chip RegulationsMay 1992
Pulp and Paper Mill Effluent Chlorinated Dioxin and Furan RegulationsMay 1992
Storage of PCB Materials RegulationsMay 1992
Contaminated Fuels RegulationsAugust 1991
Chlorobiphenyls RegulationsMarch 1991
Secondary Lead Smelter Release RegulationsMarch 1991
Ozone-Depleting Substances Regulations No. 2September 1990 (freeze consumption of halons)
Ozone-Depleting Substances Regulations No. 3September 1990 (prohibit certain uses of CFCs and halons)
PCB Waste Export RegulationsAugust 1990
Asbestos Mines and Mills Release RegulationsJuly 1990
Gasoline RegulationsMay 1990
Chlor-Alkali Mercury Release RegulationsFebruary 1990
Mirex RegulationsFebruary 1990
Polychlorinated Terphenyl RegulationsFebruary 1990
Chlorofluorocarbon RegulationsFebruary 1990
Polybrominated Biphenyl RegulationsFebruary 1990
Federal Mobile PCB Treatmentand Destruction RegulationsJanuary 1990
Phosphorus Concentration RegulationsNovember 1989
Ocean Dumping RegulationsNovember 1989
Ozone-Depleting Substances Regulations No. 1July 1989 (reduce consumption of CFCs)
Fuels Information Regulations No. 1August 1977


Domestic Regulations to Support International Commitments

Canada has earmarked more than $9 million to accelerate the phase out of ozone-depleting substances.

Environment Canada, authorized by CEPA, regulates the production, import and export of ozone-depleting substances, including CFCs, halons, methyl chloroform and carbon tetrachloride, as well as certain products containing CFCs.

The federal government is amending its regulations to reflect its current domestic and international commitments. The following is a short description of the current contents of these regulations.

Ozone-Depleting Substances Regulations

The amalgamated and amended Ozone-Depleting Substances Regulations will come into force in June 1994. These regulations control the import, manufacture, use, sale and export of bulk ozone-depleting substances. They reflect the commitments Canada has made regarding production and consumption of ozone-depleting substances. Note that consumption is equal to the amount of a substance produced domestically plus the amount imported, less the amount exported.

Canada has made the following commitments:

  • CFCs:
    • 75 percent reduction by January 1, 1994
    • 100 percent elimination by January 1, 1996
  • halons:
    • 100 percent elimination by January 1, 1994
  • carbon tetrachloride:
    • 100 percent elimination by January 1, 1995
  • methyl chloroform:
    • 50 percent reduction by January 1, 1994
    • 85 percent reduction by January 1, 1995
    • 100 percent elimination by January 1, 1996
  • HBFCs:
    • 100 percent elimination by January 1, 1996

These regulations prohibit the use or sale of a controlled substance that was illegally imported or manufactured after its phase-out date. They also establish requirements for obtaining permits for the import and export of used, recovered, recycled and reclaimed ozone-depleting substances.

Ozone-Depleting Substances Products Regulations

The Ozone-Depleting Substances Regulations No. 3 (products) will be amended to the Ozone-Depleting Substances Products Regulations. These regulations prohibit the manufacture, import, sale and offer for sale of

  • plastic foam packaging material or containers in which any CFC has been used as a foaming agent; and
  • pressurized containers that contain 10 kilograms or less of CFCs. Products affected by this prohibition include aerosols, cans of refrigerant (less than 10 kilograms), novelty products and fog horns.

Health care products are exempted from these regulations. The regulations also prohibit the import of certain products containing ozone-depleting substances from non-parties to the Montreal Protocol as required by the Protocol.

The development of strategic options reports for HCFCs and methyl bromide, including the use of market-based instruments, is ongoing. Consultations on control options took place in June 1993 for HCFCs, and in November 1993 for methyl bromide. Draft amendments to incorporate methyl bromide controls into existing regulations will be distributed to stakeholders in April 1994.

Release of Toxic Substances

Sections 36 through 38 of CEPA address the dangers posed by the release of toxic substances into the ecosystem. CEPA provides for reporting and precautionary measures, including the notification of inspectors and of any member of the public who may be adversely affected by the impending threat.

Recovery of Reasonable Costs

When the Department must step in to control the release of toxic substances, CEPA makes provisions for the recovery of costs. Under Sections 39, 60 and 77, when polluters fail to take preventive measures to correct their contravention of a CEPA regulation or interim order, the federal government may take action and reclaim expenses. Environment Canada has not yet had reason to invoke these sections.

Export and Import of Hazardous Wastes

According to Section 43 of CEPA, "hazardous waste" is a waste dangerous good within the meaning of the Transportation of Dangerous Goods Act and Regulations, or any substance included on Environment Canada's list of hazardous wastes requiring export and import notifications. This section allows the Minister of the Environment to

  • determine which hazardous wastes require import and export notification;
  • decide which hazardous waste authorities importers and exporters must notify; and
  • regulate the contexts of the notice and conditions under which a person may import or export a hazardous waste.

The Export and Import of Hazardous Waste Regulations came into force in November 1992. They regulate the transportation into and out of Canada of hazardous wastes destined for recycling or disposal. They also allow Canada to meet its international obligations to control the transboundary movement of hazardous wastes.

Environment Canada and Canada Customs inspectors attended a comprehensive training program on the regulations in the fall of 1992. Both departments have also implemented programs to inform regulated industries of their responsibilities under the regulations.

An amendment to these regulations was published in the Canada Gazette Part I on July 31, 1993. Among other changes, the amendment would permit electronic transmission of advance notice. The amendment will be published in the Canada Gazette Part II in July 1994.

The Basel Convention

When the Export and Import of Hazardous Waste Regulations were introduced in Canada in November 1992, the Basel Convention on the Transboundary Movements of Hazardous Wastes and their Disposal came into force in this country. The Convention aims to

  • decrease the amount of hazardous waste generated;
  • ensure that hazardous waste is disposed of in the country of generation, where possible;
  • establish stricter controls on imports and exports of hazardous waste;
  • prohibit exports of hazardous waste to countries lacking the legal, administrative and technical capacity to manage and dispose of it safely;
  • forbid exports to countries that have banned imports; and
  • promote technology transfer, information exchange, and harmonized standards, guidelines and codes.

The Basel Convention also supports the continued application of bilateral agreements that do not inhibit environmentally sound management of hazardous wastes. The Canada-United States Agreement on the Transboundary Movement of Hazardous Wastes, which governs most Canadian hazardous waste shipments to and from the United States, is one such agreement.

In late 1992, Canada attended the first meeting of the parties to the Basel Convention in Uruguay to start implementing the Convention's objectives. In March 1994, Canada attended the second meeting of the parties to the Basel Convention. This meeting resulted in 28 decisions. One decision calls for a ban on the export of hazardous wastes for final disposal from OECD countries to non-OECD countries. It also calls for a phase-out of such exports destined for recycling/recovery operations by December 31, 1997.

Timetable of Planned Regulations

Regulatory Initiative and Expected Year of Publication
in Canada Gazette Part II

1994-95

Environmental Protection Boards of Review Rules
New Substances Notification Regulations (Part I - New substances other
than biotechnology products or polymers, and Part II - Polymers)
Asbestos Mines and Mills Release Regulations, Amendments*
Masked Names Regulations
Ozone-Depleting Substances Regulations**
Ozone-Depleting Substances Products Regulations***
PCB Regulations, Amendments
Export and Import of Hazardous Waste Regulations, Amendments
CEPA Omnibus Amendment Order, 1993-1

  • Asbestos Mines and Mills Release Regulations
  • Chlor-Alkali Mercury Release Regulations
  • PCB Waste Export Regulations
  • Secondary Lead Smelter Release Regulations
  • Pulp and Paper Mill Defoamer and Wood Chip Regulations

Gasoline Regulations, Amendment
Fuels Information Regulation No. 1, Amendment
Confidential Information Regulations
Amendments to CEPA, Schedule III and Ocean Dumping Regulations

1995-96

Ocean Dumping Regulations, Amendments - Phase II
CEPA Omnibus Amendment Order, 1994-1

  • Chlorofluorocarbon Regulations, 1989
  • Vinyl Chloride Release Regulations, 1992
  • Storage of PCB Materials Regulations, 1992
  • Masked Name Regulations
  • Gasoline Regulations Amendments

Unscheduled

Secondary Lead Smelter Release Regulations, Amendments*
Good Laboratory Practice Regulations
Hazardous Waste Management at Federal Facilities
Spill Reporting Regulations

* Presently under departmental regulatory review
** Amalgamation and amendment of Ozone-Depleting Substances Regulation No. 1, 2 and 4.
*** Amendment to Ozone-Depleting Substances Regulation No. 3 (products)