Regulations Amending the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (SOR/2016-273)The Amendments will expand what is captured as "hazardous" under the Regulations. Waste and recyclable material, including those collected from households, will be considered hazardous for the purposes of export if
- they are defined as, or considered to be, "hazardous" under the legislation of the importing country or a transit country;
- their importation is prohibited under the legislation of the importing country; or
- they are one of the "hazardous wastes" or "other wastes" in the Basel Convention and the importing country is a party to the Basel Convention.
A Canadian exporter will be required to notify the Department and obtain a permit prior to any export of the waste or recyclable material, and to meet all other requirements of the Regulations (insurance, tracking shipments, obtaining confirmation of disposal or recycling, etc.).
The Amendments will also add new provisions to address shipments of waste or recyclable material for which consent was provided by the importing and transit countries and a permit issued, but that could not be completed as planned. These include provisions that
- require the return of shipments exported in accordance with a permit that are not accepted by the authorities of the importing country or a transit country, or of shipments imported in accordance with a permit that are not accepted by Canada, when arrangements for an alternate destination facility cannot be made, and
- establish a period of 90 days (or another period agreed to by Canada and the country of export, transit or import, as applicable) following the non-acceptance of a shipment, during which the shipment must be returned or arrangements made with an alternate facility, consistent with the requirements under the Basel Convention.
All requirements for returning or making alternate arrangements will apply in the event the shipment is not accepted by the importing country or a transit country (insurance, tracking the returned shipment, etc.).
Furthermore, the Amendments remove the requirement for the Canadian exporter or importer to inform the authorities of the foreign country when an authorized facility refuses the shipment. They also add a requirement for the Canadian exporter to receive confirmation from the Minister of the Environment that the authorities of the country of import or transit, as applicable, have approved the disposal or recycling at the alternate facility.
The Amendments also include a number of minor changes to align the French and English texts and to ensure accurate references to the definitions of "hazardous waste" and "hazardous recyclable material," as well as to the conditions of export or import. Following publication in the Canada Gazette, Part I, some minor changes were also made to clarify and correct references relating to waste identification codes, as well as to respond to comments received.
Waste Reduction and Management Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard 9th floor
Gatineau, QC K1A 0H3
Email address: firstname.lastname@example.org
|Canada Gazette||Date published||Volume and number|
|Part 1:||2016-04-02||Vol. 150, No. 14|
|Part 2:||2016-11-02||Vol. 150, No. 22|
Regulatory Text in HTML and PDF:
Full text of Current Regulation
PDF (1.24 MB, go to page 36)
- PDF (1.24 MB, go to page 36)
Full text of proposed regulation (includes Regulatory Impact Analysis)
PDF (627 KB, go to page 17)
- PDF (627 KB, go to page 17)
Other Useful Links:
Discussion Document: Amendments to the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations
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