Interprovincial Movement of Hazardous Waste Regulations (SOR/2002-301)

Regulations are current to 2019-07-01

Interprovincial Movement of Hazardous Waste Regulations

SOR/2002-301

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2002-08-08

Interprovincial Movement of Hazardous Waste Regulations

P.C. 2002-1394 2002-08-08

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999Footnote a, the Minister of the Environment published in the Canada Gazette, Part I, on April 20, 2002, a copy of the proposed Interprovincial Movement of Hazardous Waste Regulations, substantially in the form set out in the annexed Regulations, and persons were given an opportunity to file comments with respect to the Regulations or a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 191 of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Interprovincial Movement of Hazardous Waste Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

authorized carrier

authorized carrier means a carrier that is authorized under the laws of Canada or of a province to transport hazardous waste. (transporteur agréé)

consignee

consignee means the person to whom hazardous waste is being or is intended to be transported. (destinataire)

consignor

consignor means a person who has possession of hazardous waste immediately before it is transported. (expéditeur)

hazardous waste

hazardous waste means a product, substance or organism that is

  • (a) included in any of Classes 2 to 6 and 8 of the Transportation of Dangerous Goods Regulations, or in Class 9 of those Regulations as if a reference to “disposal” in subparagraphs 2.43(b)(iv) and (v) means “disposal or recycling”;

  • (b) intended for disposal or recycling, including storage prior to disposal or recycling; and

  • (c) is neither household in origin, nor returned directly to a manufacturer or supplier of the product, substance or organism for reprocessing, repackaging or resale for any reason, including that the product, substance or organism is

    • (i) defective or otherwise not usable for its original purpose, or

    • (ii) in surplus quantities but still usable for its original purpose. (déchets dangereux)

manifest

manifest means the manifest set out in Form 3 of Schedule II to the Export and Import of Hazardous Wastes Regulations. (manifeste)

recycling

recycling means an operation listed in Part II of Schedule I to the Export and Import of Hazardous Wastes Regulations. (recyclage)

Application

 These Regulations apply with respect to all transport within Canada of hazardous waste that is

  • (a) a solid in a quantity of 5 kg or more;

  • (b) liquid in a quantity of 5 L or more; or

  • (c) a liquid or a solid, or a mixture of liquids and solids, in a quantity of 500 grams or more that contains PCBs described in item 1 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999 in a concentration greater than 50 mg/kg.

Manifest Requirements

  •  (1) No person shall transport hazardous waste within Canada unless the waste is accompanied by a manifest in accordance with these Regulations.

  • (2) A manifest shall have a unique manifest reference number for each shipment of hazardous waste, provided by the Minister or the province of origin or destination.

  •  (1) The consignor shall complete and sign Part A of the manifest

    • (a) indicating the applicable shipping name, UN number, classification and packing group set out in the Transportation of Dangerous Goods Regulations; and

    • (b) adding the word “waste” or “recyclable”, as applicable, to the shipping name, unless that word is already part of, or implied in, the shipping name.

  • (2) The consignor shall provide a copy of the manifest, with Part A completed, to the first authorized carrier of the hazardous waste, before the authorized carrier transports the waste.

  • (3) Every authorized carrier that transports the hazardous waste shall fill out, sign and date Part B of the manifest and provide it on delivery to the next carrier, if any.

  • (4) During transport, the manifest shall be kept in the location required for shipping documents under the Transportation of Dangerous Goods Regulations.

  • (5) The consignor shall send a copy of the manifest, with Parts A and B completed, within three days after providing the manifest to the first authorized carrier, to the authorities of the province where the hazardous waste originated and of the province of destination.

  • (6) The consignee shall complete Part C of the manifest and shall ensure that copies of the completed manifest are sent, within three days after receiving the hazardous waste, to the consignor, the last authorized carrier and the authorities of the province where the waste originated and of the province of destination.

  • (7) The consignor, each authorized carrier and the consignee shall keep at their principal place of business in Canada a copy of the manifest for a period of two years after the hazardous waste is received by the consignee.

Coming into Force

 These Regulations come into force on August 15, 2002.

 
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