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

Guidance document for exporters

Export of Substances on the Export Control List Regulations

Chemical Production Division
Environmental Stewardship Branch
Environment Canada
January 28, 2015

Introduction

The Export of Substances on the Export Control List Regulations (the Regulations) apply to exports of substances listed on Schedule 3 of the Canadian Environmental Protection Act, 1999 which is also known as the Export Control List. The Regulations also apply to the export of products containing one or more of the substances listed on the Export Control List. The Regulations apply even if other regulations under the Canadian Environmental Protection Act, 1999, or any other applicable legislation apply to the export, unless an exemption is expressly provided.

The Regulations introduce provisions describing the method of providing prior notice of export as required by the Canadian Environmental Protection Act, 1999, further provisions to ensure that Canada is compliant with its export obligations under the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention), and finally describe how to obtain an export permit which is required when the export is subject to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention).

This guidance document has been developed for exporters of substances listed on the Export Control List. For all purposes of interpreting and applying the law, users should consult:

• the Acts as passed by Parliament, which are published in the "Assented to" Acts service, Part III of the Canada Gazette and the annual Statutes of Canada, and
• the Export of Substances on the Export Control List Regulations, as registered by the Clerk of the Privy Council and published in Part II of the Canada Gazette.

The above-mentioned publications are available in most public libraries. Official versions of the Statutes and regulations can also be found at the Department of Justice website – Justice Laws Website. The law as stated in the above-mentioned publications will prevail should any inconsistencies be found in this guidance document. Additionally, in case of a discrepancy between this document and the current Registers and Annexes made available through the Stockholm Convention Secretariat and Rotterdam Convention Secretariat, those registers and annexes shall prevail. Links to these registers are provided in this document.

This guidance document is subject to amendment from time to time. Each version is dated therefore the user should ensure that they are always consulting the most recent version of the document. Users can contact SEC-ECS@ec.gc.ca for this information.

Table of contents

• 1. The Export Control List
• 2. Overview of the regulatory obligations
• 3. Prior notice of export
• 4. Stockholm Convention
  • 4.1. Not in force for Canada - 6(1)
  • 4.2. Exports to Parties for acceptable purposes or specific exemptions - 6(2)(a)(i)
  • 4.3. Exports to Parties who have not ratified an amendment adding the substance to the Convention - 6(2)(a)(ii)
  • 4.4. Exports to countries which are not Party to the Convention - 6(2)(b)
  • 4.5. Environmentally sound disposal - 6(2)(c)
  • 4.6. Laboratory use - 6(2)(d)
  • 4.7. Incidentally present in trace amounts - 6(2)(e)
  • 4.8. Products already in use - 6(2)(f)
  • 4.9. Hazardous waste - 6(3)
• 5. Rotterdam Convention
  • 5.1. Parties to the Rotterdam Convention
  • 5.2. Permit applications
    • 5.2.1. Exports of substances on Part 1 of the Export Control List
    • 5.2.2. Exports of substances on Part 2 of the Export Control List
    • 5.2.3. Exports of substances on Part 3 of the Export Control List
    • 5.2.4. Refusal, cancellation, amendment or suspension of a permit
    • 5.2.5. Retention of records
    • 5.2.6. Insurance
    • 5.2.7. Labelling
      

List of figures

• Flowchart 1 - Overview of conditions relative to the Stockholm Convention
• Flowchart 2 - Overview of conditions relative to the Rotterdam Convention
  

List of tables

• Table 1: Specific exemptions and acceptable purposes
• Table 2: List of active annual certifications as registered by Canada
• Table 3: Articles in use as claimed by Canada
• Table 4: Substances on the Export Control List which are also listed to Annex A or Annex B of the Stockholm Convention and ratified by Canada
• Table 5: Substances listed to the Export Control List that are also listed to Annex III of the Rotterdam Convention
  

Forms for exporters

• Export notification form
• Export permit application
• Combined export notification and permit application form