Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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 6Miscellaneous Matters (continued)

Export Reduction Plans

Marginal note:Content of plan

  •  (1) The plan referred to in subsection 188(1) of the Act must contain

    • (a) the following information with respect to the hazardous waste to which the plan applies, namely,

      • (i) the International Waste Identification Code under OECD Decision C(94)152/Final,

        • (A) with the disposal code in the International Waste Identification Code replaced by the disposal code set out in column 1 of Schedule 1 to these Regulations for the applicable operation set out in column 2 of that Schedule, and

        • (B) with the letter L (liquid), P (sludge) or S (solid) in the International Waste Identification Code replaced by the letter G if the hazardous waste is a gas,

      • (i.1) every applicable code set out in Annex I of the Convention — as amended from time to time, to the extent that the amendments are binding on Canada — added at the end of the International Waste Identification Code,

      • (ii) the applicable code set out in List A of Annex VIII to the Convention, as amended from time to time, to the extent that the amendments are binding on Canada,

      • (iii) the identification number set out in column 1 of Schedule 3, 4 or 7, and

      • (iv) the following information set out in the applicable schedules to the Transportation of Dangerous Goods Regulations, namely,

        • (A) the applicable UN number set out in column 1 of Schedule 1 or column 3 of Schedule 3,

        • (B) the applicable class set out in column 3 of Schedule 1 or the applicable primary class set out in column 2 of Schedule 3, and

        • (C) the applicable packing group or category set out in column 4 of Schedule 1;

    • (b) the name, quantity and concentration of any persistent organic pollutant set out in column 2 of Schedule 10 that is contained in the hazardous waste referred to in the plan;

    • (c) if the exporter generates the hazardous waste referred to in the plan, the name and a description of the process that generated the waste and the activity in which that process is used;

    • (d) the origin of the hazardous waste if the exporter does not generate the waste referred to in the plan;

    • (e) the quantity of hazardous waste exported at the start of the implementation of the plan and the quantity of export reduction to be achieved at each stage of the plan;

    • (f) a description of the manner in which the exporter will reduce or phase out exports of the hazardous waste referred to in the plan;

    • (g) the options considered for reducing or phasing out the export of the hazardous waste referred to in the plan, including options for disposing of it or recycling it in Canada;

    • (h) the stages of the plan and a schedule for implementing the plan; and

    • (i) for each stage of the plan, an estimate of the quantity of goods produced that generates the hazardous waste to which the plan applies and a description of the impact of any changes to the quantity produced on the reduction or phasing out of exports of that waste.

  • Marginal note:Retention of plan

    (2) A person who submits a plan to the Minister must keep a copy of the plan at their principal place of business in Canada for a period of five years after the day on which the plan is submitted.

  • SOR/2012-99, s. 14
  • SOR/2016-273, s. 11

Environmentally Sound Management

Marginal note:Refusal to issue permit

 If the Minister is of the opinion that the hazardous waste or hazardous recyclable material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may, in accordance with subsection 185(2) of the Act, refuse to issue a permit taking into account the following criteria:

  • (a) the implementation of an environmental management system at the authorized facility that includes

    • (i) procedures for ensuring the protection of the environment and human health against the adverse effects that may result from the disposal of the hazardous waste or the recycling of the hazardous recyclable material including measures for monitoring the efficiency of the procedures and modifying them in the event that they do not protect the environment and human health,

    • (ii) measures to monitor and ensure compliance with applicable laws with respect to the protection of the environment and human health, and

    • (iii) a certification that the system includes those procedures and measures;

  • (b) the implementation of a plan at the authorized facility to prevent, prepare for and respond to an uncontrolled, unplanned or accidental release of hazardous waste or hazardous recyclable material; and

  • (c) the existence of prohibitions or conditions relating to the disposal of hazardous waste or the recycling of hazardous recyclable material in Canada or abroad.

  • SOR/2012-99, s. 15(F)

Consequential Amendment

Marginal note:Consequential amendment

 [Amendment]

Repeal

Marginal note:Repeal

 [Repeal]

Coming into Force

Marginal note:Coming into Force

 These Regulations come into force on November 1, 2005.

 
Date modified: