Export of Substances on the Export Control List Regulations (SOR/2013-88)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

asbestos

asbestos means the forms of asbestos specified in the Export Control List. (amiante)

CAS registry number

CAS registry number means the identification number assigned to a chemical substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS)

designated national authority

designated national authority means an authority designated by a Rotterdam Party under Article 4 of the Rotterdam Convention to act on its behalf in the performance of the administrative functions required by the Rotterdam Convention. (autorité nationale désignée)

Export Control List

Export Control List means the Export Control List in Schedule 3 to the Act. (Liste des substances d’exportation contrôlée)

Minamata Convention

Minamata Convention means the Minamata Convention on Mercury, as amended from time to time. (Convention de Minamata)

pesticide

pesticide means a pest control product as defined in subsection 2(1) of the Pest Control Products Act. (produit antiparasitaire)

PIC Circular

PIC Circular means the circular that is published by the Rotterdam Secretariat and that contains a compilation of import responses from Rotterdam Parties, provided in accordance with Article 10 of the Rotterdam Convention, and a list of the substances subject to the prior informed consent procedure. (Circulaire PIC)

Rotterdam Convention

Rotterdam Convention means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, as amended from time to time. (Convention de Rotterdam)

Rotterdam Party

Rotterdam Party means a State or regional economic integration organization for which the Rotterdam Convention is in force. (Partie à la Convention de Rotterdam)

Rotterdam Secretariat

Rotterdam Secretariat means the Secretariat for the Rotterdam Convention established under Article 19 of that Convention. (Secrétariat de Rotterdam)

Stockholm Convention

Stockholm Convention means the Stockholm Convention on Persistent Organic Pollutants, as amended from time to time. (Convention de Stockholm)

Stockholm Party

Stockholm Party means a State or regional economic integration organization for which the Stockholm Convention is in force. (Partie à la Convention de Stockholm)

substance subject to the prior informed consent procedure

substance subject to the prior informed consent procedure means a substance specified in Annex III of the Rotterdam Convention that is destined for use in the category specified in that Annex. (substance soumise à la procédure de consentement préalable)

Purpose

Marginal note:Purpose

2 The purpose of these Regulations is to prohibit the export of substances specified in the Export Control List, or to establish regulatory conditions applicable to the export of those substances, and to implement the Stockholm Convention, Rotterdam Convention and Minamata Convention in relation to the export of those substances.

Background

Marginal note:Notice

• 3 (1) These Regulations set out the content of the notice of proposed export that is required under subsection 101(1) of the Act for substances specified in the Export Control List and the period within which and manner in which the notice must be provided.

• Marginal note:Conditions of export

  (2) These Regulations also set out

  • (a) for the purposes of subsections 101(2) and (3) of the Act, the conditions applicable to the export of a substance that is specified in the Export Control List to a Rotterdam Party;

  • (b) for the purposes of subsection 101(3) of the Act, the conditions applicable to the export of a substance that is specified in Part 2 or 3 of the Export Control List; and

  • (c) for the purposes of subsection 101(4) of the Act, the relevant prohibitions of the export of a substance that is specified in the Export Control List.

Application

Marginal note:Application

4 These Regulations apply to the export of substances specified in the Export Control List.

Notice of Proposed Export

Marginal note:Deadline

• 5 (1) The notice of proposed export that is required under subsection 101(1) of the Act must be provided to the Minister by the person proposing the export of a substance at least

  • (a) if the person holds a permit to export the substance issued under paragraph 185(1)(b) of the Act, seven days before the export; or

  • (b) in any other case, 15 days before the export.

• Marginal note:Effective date

  (2) The notice is considered to be provided to the Minister

  • (a) on the day on which it is delivered, if it is delivered personally;

  • (b) on the day on which it is postmarked, if it is sent by mail; or

  • (c) on the date that is indicated by the sending apparatus, if it is sent by electronic mail or by facsimile.

• Marginal note:Content of notice

  (3) The notice of proposed export must

  • (a) provide the information set out in Schedule 1; and

  • (b) be accompanied by a certification, dated and signed by the person proposing the export, or by their duly authorized representative, stating that the information provided in the notice is accurate and complete.

• Marginal note:Electronic or paper submission

  (4) The notice of proposed export and the certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister and the documents must bear the signature of the person proposing the export or their duly authorized representative.

• Marginal note:Notification of changes

  (5) The exporter must notify the Minister in writing of any change to the information provided in a notice of proposed export within 30 days after learning of it.

Export of Asbestos

Marginal note:Prohibition

5.1 Subject to sections 5.2 and 5.3, a person must not export asbestos, whether or not it is contained in a product.

Marginal note:Exceptions

5.2 A person that has provided a notice of proposed export under subsection 101(1) of the Act may export asbestos in the following circumstances:

• (a) the asbestos is, or is contained in, hazardous waste or hazardous recyclable material the export of which is regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;

• (b) the asbestos is contained in a product that is a personal or household effect intended for the person’s personal use; and

• (c) the asbestos is contained in military equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations.

Marginal note:Regulated export

• 5.3 (1) Subject to subsection (2), a person that has provided a notice of proposed export under subsection 101(1) of the Act may export asbestos in the following circumstances if the conditions set out in subsection (4) are met:

  • (a) the asbestos is exported for disposal of the asbestos or of the product containing it;

  • (b) the asbestos is contained in a product that was used before the day on which this paragraph comes into force;

  • (c) the asbestos is contained in a product that is exported in order to service military equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations, while that equipment is outside Canada for the purposes of a military operation, as defined in subsection 9(3) of those Regulations, if there is no technically or economically feasible asbestos-free alternative available;

  • (d) the asbestos is contained in a product in not greater than trace amounts;

  • (e) the asbestos is contained in raw material that is extracted from the ground and that is exported

    • (i) to manufacture a consumer product that contains asbestos in not greater than trace amounts,

    • (ii) to manufacture a product that is not a consumer product, or

    • (iii) for a purpose other than manufacturing a product, if the raw material will not be sold as a consumer product;

  • (f) the asbestos, whether or not it is contained in a product, is exported for use in a laboratory for analysis, in scientific research or as an analytical standard; and

  • (g) the asbestos, whether or not it is contained in a product, is exported for display in a museum.

• Marginal note:Exception

  (2) Subsection (1) does not apply to asbestos referred to in section 5.2.

• Marginal note:Conditions for export

  (3) A person exporting asbestos in accordance with subsection (1) must comply with the permit requirements set out in subsection (4), unless

  • (a) the concentration of asbestos in the exported product, including a raw material referred to in paragraph (1)(e), is less than 0.1% by weight; or

  • (b) the asbestos exported is referred to in paragraph (1)(f) and the total quantity of asbestos exported for those purposes by the person during the calendar year in question does not exceed 10 kg.

• Marginal note:Export with permit

  (4) A person who exports asbestos that is not referred to in paragraph (3)(a) or (b) must

  • (a) if the export is to a country other than a Rotterdam Party, hold an export permit referred to in section 5.4;

  • (b) if the export is to a Rotterdam Party, hold a permit issued under subsection 12(1) or section 14 and respect the conditions described in subsection 7(3);

  • (c) be a resident of Canada or, in the case of a corporation, have a place of business in Canada;

  • (d) meet the requirements of sections 20 to 22; and

  • (e) include a copy of the permit with each shipment.

Marginal note:Application for permit — non-party country

• 5.4 (1) An application for an export permit to export to a country that is not a Rotterdam Party must comply with section 11.

• Marginal note:Issuance

  (2) Subject to subsection (3), the Minister must issue an export permit on receipt of a permit application.

• Marginal note:Reasonable grounds

  (3) The Minister must refuse to issue an export permit if the Minister believes on reasonable grounds that one or more of the circumstances referred to in paragraphs 16(a) to (c) apply.

• Marginal note:Other conditions

  (4) Sections 15 and 18 to 22 set out additional conditions applicable to the export under the authority of a permit issued under subsection (2).

Conditions Relative to the Stockholm Convention

Marginal note:Persistent organic pollutant

• 6 (1) In this section, persistent organic pollutant means a substance listed in Annex A or B of the Stockholm Convention, other than one added to that Convention by an amendment that is not in force for Canada.

• Marginal note:POP specified in Part 2 or 3 of Schedule 3 to Act

  (2) A person that has provided a notice of proposed export under subsection 101(1) of the Act may export a persistent organic pollutant that is specified in Part 2 or 3 of the Export Control List under the following conditions, unless the export of that persistent organic pollutant is prohibited by any other regulation made under the Act:

  • (a) if a specific exemption or acceptable purpose is listed in Annex A or B of the Stockholm Convention for that persistent organic pollutant and the export is to a Stockholm Party,

    • (i) that Party has registered a specific exemption or acceptable purpose in the relevant Register established under the Stockholm Convention and the export complies with the terms of that specific exemption or acceptable purpose,

    • (ii) in the case of a persistent organic pollutant added to the Stockholm Convention by an amendment that is not in force for that Party, an annual certification for the year in question regarding that Party that is in accordance with paragraph 2 (b) (iii) of Article 3 of the Stockholm Convention has been transmitted by Canada to the Secretariat established under that Convention, and the export complies with the terms of the specific exemption or acceptable purpose listed in those Annexes;

  • (b) if a specific exemption or acceptable purpose is listed in Annex A or B of the Stockholm Convention for that persistent organic pollutant and the export is to a State or regional economic integration organization that is not a party to the Stockholm Convention, an annual certification for the year in question regarding that State or organization that is in accordance with paragraph 2 (b) (iii) of Article 3 of the Stockholm Convention has been transmitted by Canada to the Secretariat established under that Convention, and the export complies with the terms of the specific exemption or acceptable purpose listed in those Annexes;

  • (c) the persistent organic pollutant is exported in accordance with paragraph 1 (d) of Article 6 of the Stockholm Convention;

  • (d) the persistent organic pollutant is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard and the total quantity exported for those purposes by the person during the calendar year in question does not exceed 10 kg;

  • (e) the persistent organic pollutant is incidentally present in trace amounts in the product that is being exported; or

  • (f) the persistent organic pollutant is contained in a product

    • (i) that was manufactured on or before the entry into force for Canada of a provision of the Stockholm Convention prohibiting, under Annex A, or restricting, under Annex B, the production or use of that persistent organic pollutant, and

    • (ii) in respect of which a notification has been provided by Canada in accordance with note (ii) to Annex A or B of the Stockholm Convention and the notification has been made publicly available in accordance with that note by the Secretariat established under the terms of that Convention.

• Marginal note:Non-application

  (3) Subsection (2) does not apply to a persistent organic pollutant that is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations.