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Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (SOR/2021-25)

Regulations are current to 2022-07-25 and last amended on 2021-10-31. Previous Versions

PART 1Import, Export and Transit (continued)

DIVISION 2Export (continued)

Conditions Under Paragraph 185(1)(c) of the Act (continued)

Confirmation of Disposal or Recycling

Marginal note:Confirmation

  •  (1) Within 30 days after the day on which the disposal by means of an operation set out in column 2 of Part 1 of Schedule 1 of a type of hazardous waste, or the recycling by means of an operation set out in column 2 of Part 2 of Schedule 1 of a type of hazardous recyclable material, that is recorded as a line entry in a movement document is completed, the Minister must be provided with a confirmation, based on the written notice received by the permit holder from the authorized facility that performed the operation, that the operation was completed

    • (a) in accordance with the permit or, if applicable, with the arrangements referred to in clause 26(1)(v)(iii)(A) or (w)(iii)(A);

    • (b) within the period set out in one of paragraphs 26(1)(q) to (s) or subparagraph 26(1)(v)(v) or (w)(v), as the case may be; and

    • (c) in a manner that protects the environment and human health against the adverse effects that may result from the hazardous waste or hazardous recyclable material.

  • Marginal note:Form and manner of confirmation

    (2) The confirmation must be provided in the form and manner specified by the Minister.

  • Marginal note:Additional information in confirmation

    (3) The confirmation

    • (a) must identify the reference number of the movement document, the line number of the line entry in the movement document and the disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1 that applies to the type of hazardous waste or hazardous recyclable material and the date on which the operation was completed; and

    • (b) must be dated and signed by the individual who provides it and must include that individual’s name and telephone number.

Record Retention

Marginal note:Permit holder

  •  (1) The permit holder must keep the following documents that relate to hazardous waste or hazardous recyclable material that is transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

    • (a) all documents that are necessary to demonstrate their compliance with this Division;

    • (b) every notice that is referred to in subparagraph 26(1)(k)(v) or subsection 26(3);

    • (c) all contracts that relate to the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material; and

    • (d) all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

  • Marginal note:Authorized carrier

    (2) Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

    • (a) all documents that are necessary to demonstrate that the movement of the shipment complies with this Division; and

    • (b) if the authorized carrier transported the shipment in Canada, all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

DIVISION 3Export from and Import to Canada Following Transit Through a Foreign Country

Permit for Export from and Import to Canada Following Transit Through a Foreign Country

Marginal note:Applicant

 A person may apply for a permit to export hazardous waste or hazardous recyclable material and to import it to Canada after it is conveyed in transit through a foreign country if

  • (a) they are an individual who is a resident of Canada or a corporation that has its head office, or operates a branch office, in Canada, and they

    • (i) are the owner or operator of the facility from which the hazardous waste or hazardous recyclable material is to be shipped, or

    • (ii) buy and sell — or are to buy and sell — hazardous recyclable material for recycling and are to export and import such recyclable material for recycling in Canada; or

  • (b) they are a municipality or Her Majesty in right of Canada or a province.

Marginal note:Form of application

  •  (1) An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

  • Marginal note:Notification

    (2) The notification

    • (a) may relate to both hazardous waste and hazardous recyclable material;

    • (b) may relate to one or more types of hazardous waste or hazardous recyclable material;

    • (c) may relate to one or more shipments that contain the hazardous waste or hazardous recyclable material; and

    • (d) must involve only

      • (i) one facility in Canada from which the hazardous waste or hazardous recyclable material is to be shipped, and

      • (ii) one receiving facility in Canada to which the hazardous waste or hazardous recyclable material is to be delivered.

  • Marginal note:Types of hazardous waste or hazardous recyclable material

    (3) The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 3(i)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

  • Marginal note:Information in notification

    (4) The information set out in subparagraphs 3(i)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 3 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

    • (a) the applicant satisfies the conditions set out in section 31;

    • (b) the applicant and all authorized carriers that are to transport the hazardous waste or hazardous recyclable material in Canada hold the liability insurance referred to in Division 7 of this Part;

    • (c) the applicant will ensure that the hazardous waste or hazardous recyclable material is managed in a manner that protects the environment and human health against the adverse effects that may result from it; and

    • (d) the information provided is accurate and complete.

  • Marginal note:Timing and manner of notification

    (5) The notification must be made in the manner specified by the Minister

    • (a) within 12 months before the day on which the shipment that contains the hazardous waste or hazardous recyclable material is to be shipped, in the case of a single shipment; and

    • (b) within 12 months before the day on which the first shipment is to be shipped, in the case of multiple shipments.

Marginal note:Refusal to issue permit

 The Minister must refuse to issue a permit if

  • (a) an authorization referred to in subparagraph 185(1)(b)(i) of the Act is not obtained;

  • (b) the Minister has reasonable grounds to believe that, if the permit were issued, the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit would not comply with the Act, these Regulations or conditions to an authorization imposed by the jurisdiction of destination or a country of transit; or

  • (c) the Minister has reasonable grounds to believe that false or misleading information was provided in the notification under section 32.

Marginal note:Period of validity of permit

 A permit is valid for the period set out in it, which cannot be longer than

  • (a) 36 months after the day on which it is issued, in the case of hazardous recyclable material

    • (i) that is to be conveyed in transit only through a country that is subject to OECD Decision C(2001)107/FINAL, and

    • (ii) that is to be recycled by means of a final recycling operation at a receiving facility that is a pre-consented recovery facility referred to in Case 2 in Chapter II. D (2) of OECD Decision C(2001)107/FINAL, as amended from time to time, to the extent that the amendments are binding on Canada; and

  • (b) 12 months after the day on which it is issued, in any other case.

Marginal note:New application

 If a permit needs to be amended the permit holder must apply for a new permit.

Marginal note:Suspension of permit required

  •  (1) The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph.

  • Marginal note:Optional suspension of permit

    (2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that

    • (a) the permit holder no longer satisfies the conditions set out in section 31;

    • (b) the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit does not comply — or will not comply — with the Act, these Regulations or the conditions of an authorization imposed by the jurisdiction of destination or a country of transit;

    • (c) false or misleading information was provided in the notification under section 32;

    • (d) as a result of a natural or artificial disaster or another emergency, the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, cannot be in accordance with the permit; or

    • (e) the hazardous waste or hazardous recyclable material is not being managed in a manner that will protect the environment and human health against the adverse effects that may result from it.

  • Marginal note:Notice

    (3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

  • Marginal note:Manner of notice

    (4) The Minister notifies the permit holder when the Minister

    • (a) informs the permit holder at their last known address or email address that the notice of the suspension and the reasons for it are available through a generally accessible electronic source and identifies the location of the notice and reasons; or

    • (b) sends the notice and reasons to the permit holder’s last known address or email address.

  • Marginal note:Representations

    (5) The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

  • Marginal note:Reinstatement of permit

    (6) The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

Marginal note:Revocation of permit

  •  (1) The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

  • Marginal note:Notice

    (2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

  • Marginal note:Manner of notice

    (3) The Minister notifies the permit holder when the Minister

    • (a) informs the permit holder at their last known address or email address that the notice of the proposed revocation and the reasons for it are available through a generally accessible electronic source and identifies the location of the notice and reasons; or

    • (b) sends the notice and reasons to the permit holder’s last known address or email address.

  • Marginal note:Representations

    (4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.

  • Marginal note:Date of revocation

    (5) The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act

Conditions Relating to Export from and Import to Canada Following Transit Through a Foreign Country

Marginal note:Conditions

 For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the export of hazardous waste or hazardous recyclable material and its import to Canada under one or more permits that are held by a permit holder after it is conveyed in transit through a foreign country are the following:

  • (a) the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits;

  • (b) at the time of export,

    • (i) the export from and import to Canada must not be prohibited under the laws of Canada, and

    • (ii) the conveyance in transit of the hazardous waste or hazardous recyclable material through a country must not be prohibited by that country;

  • (c) the permit holder and all authorized carriers that transport the hazardous waste or hazardous recyclable material in Canada must hold the liability insurance referred to in Division 7 of this Part;

  • (d) each shipment that contains hazardous waste or hazardous recyclable material must be recorded in a separate movement document in accordance with sections 39 and 40;

  • (e) the movement document completed in accordance with section 40 must be provided, in accordance with that section, to the Minister and the authorities of the provinces where the facility from which the shipment was shipped and the receiving facility are located;

  • (f) while they transport the shipment, every authorized carrier must produce the permit or permits, and Parts A and B of the movement document completed in accordance with section 40, when they are required to do so to demonstrate that the movement of the shipment complies with this Division;

  • (g) the permit or permits, and Parts A and B of the movement document completed in accordance with section 40, must be provided to a customs office when the hazardous waste or hazardous recyclable material that is contained in the shipment is required to be reported at the customs office under section 12 or 95 of the Customs Act; and

  • (h) the documents referred to in section 41 must be kept in accordance with that section.

Movement Document

Marginal note:Unit of measure

 The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

Marginal note:Part A

  •  (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

    • (a) each type of hazardous waste or hazardous recyclable material that is contained in the shipment and that was recorded as a line entry in the notification under subsection 32(3) must be recorded as a line entry;

    • (b) each line entry must include the reference number of the notification, the line entry number and the information that was included in the line entry in the notification under subsection 32(4), with the exception of the information referred to in clauses 3(i)(iii)(A), (F) and (L) of Schedule 3;

    • (c) the remaining information set out in subitem 1(3) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

    • (d) the individual who provides the information and certification must date and sign Part A.

  • Marginal note:Part A to Minister and provincial authorities

    (2) Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister to the Minister and to the authorities of the provinces where the facility and the receiving facility are located, if those authorities ask for it.

  • Marginal note:Part B

    (3) Each authorized carrier that transports the shipment must complete Part B of the movement document — with Part A completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

  • Marginal note:Part C

    (4) Immediately after the shipment is delivered to the receiving facility, Part C of the movement document — with Part A completed in accordance with subsection (1) — must be completed as follows:

    • (a) the information set out in subitem 3(1) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

    • (b) the individual who provides the information and certification must date and sign Part C.

  • Marginal note:Parts B and C to Minister and provincial authorities

    (5) Within three working days after the day on which the shipment is delivered to the receiving facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the provinces where the facility from which the shipment was shipped and the receiving facility are located, if those authorities ask for it.

  • Marginal note:Delivery to receiving facility

    (6) For the purposes of subsections (4) and (5), delivery of a shipment to a receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

 
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