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Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (SOR/2005-149)

Regulations are current to 2020-06-17 and last amended on 2016-10-21. Previous Versions

PART 3Import (continued)

Movement Document

Marginal note:Movement document reference number

 The Minister shall provide a movement document reference number to an importer who requests one for the purpose of completing a movement document.

Marginal note:Importer — prior to import

  •  (1) Prior to importing the hazardous waste or hazardous recyclable material, the importer shall provide the foreign exporter with a copy of the movement document indicating the movement document reference number and a copy of the import permit.

  • Marginal note:Importer — at time of import

    (2) At the time of the import of the hazardous waste or hazardous recyclable material, the importer must ensure that

    • (a) the foreign exporter has completed Part A of the movement document unless the importer is authorized to do so on the foreign exporter’s behalf under the contract referred to in paragraph 16(e);

    • (b) the foreign exporter has provided a copy of the movement document and a copy of the import permit to the first authorized carrier; and

    • (c) the first authorized carrier has completed Part B of the movement document and has provided a copy to the foreign exporter.

  • Marginal note:Copy of movement document

    (3) Within three working days after the day on which the importer receives a copy of the movement document with Parts A and B completed in accordance with subsection (2), the importer must send a copy of it to

    • (a) the Minister; and

    • (b) the authorities of the province of import, if they ask for it.

  • Marginal note:Authorized carriers

    (4) Every authorized carrier that transports the hazardous waste or hazardous recyclable material must complete Part B of the movement document and provide it and a copy of the import permit to the next authorized carrier or the importer, as the case may be, on delivery of the waste or material to that carrier or the importer.

  • Marginal note:Importer

    (5) The importer must ensure that every authorized carrier that transports the hazardous waste or hazardous recyclable material completes Part B of the movement document.

  • Marginal note:Copy of movement document

    (6) Within three working days after the day on which the hazardous waste or hazardous recyclable material is delivered to the authorized facility, the importer must complete Part C of the movement document and must send a copy of the completed movement document to

    • (a) the Minister;

    • (b) the authorities of the province of import, if they ask for it;

    • (c) the foreign exporter; and

    • (d) every authorized carrier of the hazardous waste or hazardous recyclable material.

  • SOR/2012-99, ss. 10(F), 19

Marginal note:Rail consist

 In the case of hazardous waste or hazardous recyclable material that is transported by rail, the movement document may be replaced by a rail consist if it contains all of the information contained in the movement document.

Marginal note:Unit of measure

 The importer must ensure that the quantity of hazardous waste or hazardous recyclable material indicated in the movement document is in the same unit of measure as is used in the import permit.

Marginal note:Retention of movement document

 The importer and every authorized carrier must keep a copy of the movement document at their principal place of business in Canada for a period of three years after the date of import.

PART 4Transit

Conditions

Marginal note:Conditions of transit

 A person may convey hazardous waste or hazardous recyclable material in transit if

  • (a) at the time of transit, the export or import of the hazardous waste or hazardous recyclable material is not prohibited under the laws of Canada or the laws of the country of transit;

  • (b) the hazardous waste or hazardous recyclable material is transported by the authorized carriers named in the transit permit;

  • (c) the applicable safety mark is displayed on each shipment of hazardous waste or hazardous recyclable material in accordance with Part 4 of the Transportation of Dangerous Goods Regulations;

  • (d) the hazardous waste or hazardous recyclable material is exported and imported through the port of entry and port of exit named in the transit permit;

  • (e) the quantity of hazardous waste or hazardous recyclable material conveyed in transit does not exceed the quantity set out in the transit permit;

  • (f) in the case of a transit through Canada, the authorized carrier if other than Her Majesty in right of Canada or of a province is insured in accordance with section 37;

  • (g) in the case of a transit through a country other than Canada, the exporter and importer if other than Her Majesty in right of Canada or of a province are insured in accordance with section 37;

  • (h) in the case of a transit through Canada, the country of export has provided the Minister with written confirmation that the country of import and any countries through which the hazardous waste or hazardous recyclable material will be transited after it has left Canada, has consented to the proposed import into or transit through that country; and

  • (i) a copy of the transit permit and a copy of the movement document completed in accordance with sections 25 and 26, or 30 and 31, as the case may be,

    • (i) accompanies the hazardous waste or hazardous recyclable material, and

    • (ii) is provided by the exporter, importer or authorized carrier to the customs office at which the hazardous waste or hazardous recyclable material is to be reported under sections 12 and 95 of the Customs Act.

  • SOR/2016-273, s. 10

Movement Document — Transits Through Canada

Marginal note:Application

 Sections 24 to 27 apply to the transit of hazardous waste and hazardous recyclable material through Canada.

Marginal note:Movement document reference number

 The Minister shall provide a movement document reference number to any person who requests one for the purpose of completing a movement document.

Marginal note:Authorized carrier

  •  (1) At the time the hazardous waste or hazardous recyclable material enters Canada, the authorized carrier must ensure that the foreign exporter has completed Part A of a movement document and that the movement document reference number provided by the Minister is indicated on the movement document.

  • Marginal note:Authorized carriers

    (2) Every authorized carrier that transports the hazardous waste or hazardous recyclable material must complete Part B of the movement document and provide it and a copy of the transit permit to the next authorized carrier on delivery of the waste or material to that carrier.

  • Marginal note:Copy of movement document

    (3) Within three working days after the day on which the hazardous waste or hazardous recyclable material exits Canada, the authorized carrier that transports the waste or material out of Canada must send a copy of the movement document completed in accordance with subsections (1) and (2) to the Minister.

Marginal note:Rail consist

 In the case of hazardous waste or hazardous recyclable material that is transported by rail, the movement document may be replaced by a rail consist if it contains all of the information contained in the movement document.

Marginal note:Retention of movement document

 If the authorized carrier has a place of business in Canada, the authorized carrier must keep a copy of the movement document at their principal place of business in Canada for a period of three years after the day on which the hazardous waste or hazardous recyclable material exits Canada.

Movement Document — Transits Through a Country Other than Canada

Marginal note:Application

 Sections 29 to 32 apply to the transit of hazardous waste and hazardous recyclable material where Canada is the country of origin and the country of destination.

Marginal note:Movement document reference number

 The Minister shall provide a movement document reference number to any exporter who requests one for the purpose of completing a movement document.

Marginal note:Exporter

  •  (1) At the time the hazardous waste or hazardous recyclable material exits Canada, the exporter must complete Part A of a movement document, indicate the movement document reference number provided by the Minister and provide a copy of the movement document and a copy of the transit permit to the first authorized carrier.

  • Marginal note:First authorized carrier

    (2) Immediately on receipt of the movement document, the first authorized carrier must complete Part B of the movement document and provide a copy to the exporter.

  • Marginal note:Copy of movement document

    (3) Within three working days after the day on which the hazardous waste or hazardous recyclable material exits Canada, the exporter must send a copy of the movement document completed in accordance with subsections (1) and (2) to

    • (a) the Minister; and

    • (b) the authorities of the province of export, if they ask for it.

  • Marginal note:Other authorized carriers

    (4) Every authorized carrier that transports the hazardous waste or hazardous recyclable material must complete Part B of the movement document and provide it and a copy of the transit permit on delivery of the waste or material to the next carrier or the importer, as the case may be.

  • Marginal note:Exporter

    (5) The exporter must ensure that Part B of the movement document is completed by every authorized carrier that transports the hazardous waste or hazardous recyclable material.

  • Marginal note:Copy of movement document

    (6) Within three working days after the day on which the hazardous waste or hazardous recyclable material is delivered to the authorized facility, the importer must complete Part C of the movement document and must send a copy of the completed movement document to

    • (a) the Minister;

    • (b) the authorities of the province of import, if they ask for it;

    • (c) the exporter; and

    • (d) every authorized carrier of the hazardous waste or hazardous recyclable material.

  • SOR/2012-99, s. 19
 
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