Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

Marginal note:Definition of hazardous waste

• 1 (1) For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous waste means anything that is to be disposed of using one of the operations set out in Schedule 1 and that

  • (a) is set out in column 2 of Schedule 3;

  • (b) is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;

  • (c) is set out in column 2 of Schedule 4 and is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;

  • (d) is set out in column 1 of Schedule 5 in a concentration equal to or greater than the applicable concentration set out in column 2 of that Schedule;

  • (e) produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental Protection Agency, which, for the purposes of this definition, shall be read without reference to section 7.1.3; or

  • (f) is set out in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused.

  • (g) [Repealed, SOR/2016-273, s. 1]

• Marginal note:Exclusion

  (2) The definition hazardous waste in subsection (1) does not include anything that is

  • (a) exported, imported or conveyed in transit in a quantity of less than 5 kg or 5 L per shipment or, in the case of mercury, in a quantity of less than 50 mL per shipment, other than anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations;

  • (b) collected from households in the course of regular municipal waste collection services; or

  • (c) part of the exporter’s or importer’s personal effects or household effects not resulting from commercial use.