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

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

Conditions Relating to Return to Foreign Country of Origin

Marginal note:Conditions

70 For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the return of hazardous waste or hazardous recyclable material to the country of origin under one or more permits that are held by a permit holder are the following:

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

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

• (c) the shipment that contains the hazardous waste or hazardous recyclable material must be recorded in a movement document in accordance with sections 71 and 72;

• (d) the movement document completed in accordance with section 72 must be provided, in accordance with that section, to the Minister and the authorities of the province where the facility from which the shipment is shipped is located;

• (e) 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 72, when they are required to do so to demonstrate that the movement of the shipment complies with this Division;

• (f) the permit or permits, and Parts A and B of the movement document completed in accordance with section 72, 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 95 of the Customs Act;

• (g) the shipment must be delivered to the facility in the country of origin from which the hazardous waste or hazardous recyclable material was originally shipped unless another facility in the country of origin is identified in the permit or permits, in which case the shipment must be delivered to that facility; and

• (h) the documents referred to in section 73 must be kept in accordance with that section.

Movement Document

Marginal note:Unit of measure

71 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

• 72 (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 64(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 64(4), with the exception of the information referred to in clauses 6(j)(iii)(A), (E) and (K) of Schedule 3;

  • (c) the remaining information set out in subitem 1(6) 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 province where the facility is 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 facility to which the shipment is shipped under the permit or permits, 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(2) 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 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 province where the facility from which the shipment was shipped is located, if those authorities ask for it.

• Marginal note:Amendments to Part C

  (6) Part C of the movement document may be amended only with respect to the quantities specified in it. The amendments must be made in the form and manner specified by the Minister and within 180 days after the day on which the shipment is delivered to the facility.

• Marginal note:Delivery to facility

  (7) For the purposes of subsections (4) to (6), delivery of a shipment to a facility occurs when the shipment arrives at the facility, regardless of when the facility acknowledges receipt of the shipment.

Record Retention

Marginal note:Permit holder

• 73 (1) The permit holder must keep all documents that relate to hazardous waste or hazardous recyclable material transported under one or more permits and that are necessary to demonstrate their compliance with this Division 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.

• 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 7Liability Insurance

Marginal note:Non-application to the Crown

74 This Division does not apply to Her Majesty in right of Canada or a province.

Marginal note:Amount of insurance — permit holder

• 75 (1) The amount of liability insurance to be held by a permit holder referred to in any of Divisions 1 to 3, 5 and 6 of this Part is

  • (a) at least $5,000,000 in respect of a shipment that contains hazardous waste; and

  • (b) at least $1,000,000 in respect of a shipment that contains hazardous recyclable material.

• Marginal note:Amount of insurance — authorized carrier

  (2) The amount of liability insurance to be held by an authorized carrier that transports a shipment that contains hazardous waste or hazardous recyclable material in Canada is the amount required under federal or provincial legislation that applies to it in respect of the transport of that shipment.

Marginal note:Coverage

76 The liability insurance to be held by a permit holder must be in respect of

• (a) damages to third parties for which the permit holder is responsible; and

• (b) costs imposed by law on the permit holder to clean up the environment in respect of any hazardous waste or hazardous recyclable material that is released.

Marginal note:Period of coverage

77 The insurance must cover liability that arises

• (a) for a permit holder that imports a shipment under Division 1 of this Part, from the time that the shipment enters Canada until all of the hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility, or, in the circumstances set out in paragraph 14(1)(u) or (v), until it either is accepted by an authorized facility in Canada that is to perform the final disposal operation or final recycling operation or is shipped from a facility in Canada for return under Division 6 of this Part;

• (b) for a permit holder that exports a shipment under Division 2 of this Part, from the time that the shipment is shipped from a facility in Canada until all of the hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility or

  • (i) in the circumstances set out in paragraph 26(1)(v), until it either is accepted by an authorized facility in the country of destination that is to perform the final disposal operation or final recycling operation or is shipped under Division 5 of this Part from a facility for return to Canada, or

  • (ii) in the circumstances set out in paragraph 26(1)(w), until it either is accepted by an authorized facility that is located in the applicable country of destination or transit and that is to perform the final disposal operation or final recycling operation or is shipped under Division 5 of this Part from a facility for return to Canada;

• (c) for a permit holder that, under Division 3 of this Part, exports a shipment and imports it to Canada after it is conveyed in transit through a foreign country, from the time that the shipment is shipped from a facility in Canada until all of the hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by an authorized facility in Canada;

• (d) for a permit holder that imports a shipment for return to Canada under Division 5 of this Part, from the time that the shipment is shipped from a facility in the foreign country until it arrives at the facility in Canada to which it is shipped under that Division;

• (e) for a permit holder that exports a shipment for return to a foreign country of origin under Division 6 of this Part, from the time that the shipment is shipped from a facility in Canada until it leaves Canada; and

• (f) for an authorized carrier, for the duration of the transportation in Canada.

DIVISION 8Export Reduction Plans

Marginal note:Content of plan

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

  • (a) for each type of hazardous waste to which the plan applies,

    • (i) the applicable UN number set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations or, if no UN number applies to it under those Regulations, the abbreviation “n/a”,

    • (ii) the applicable class set out in column 3 of Schedule 1 to the Transportation of Dangerous Goods Regulations, and

    • (iii) the following codes:

      • (A) the applicable codes set out in column 1 of Part 1 of Schedule 11,

      • (B) the disposal code set out in column 1 of Part 1 of Schedule 1 for the applicable operation set out in column 2 of that Part to be performed at the receiving facility,

      • (C) the letter L when the hazardous waste is a liquid, the letter P when it is a sludge, the letter S when it is a solid and the letter G when it is a gas, followed in each case by the applicable code set out in column 1 of Part 2 of Schedule 11,

      • (D) the applicable codes set out in column 1 of Part 3 of Schedule 11,

      • (E) the applicable codes set out in column 1 of Part 4 of Schedule 11,

      • (F) the applicable code set out in column 1 of Part 5 of Schedule 11,

      • (G) the applicable codes set out in Annex I or II to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,

      • (H) the applicable code, if any, set out in List A of Annex VIII to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,

      • (I) in the case of hazardous waste that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,

      • (J) in the case of hazardous waste that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and

      • (K) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste;

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

  • (c) the origin of the hazardous waste if the exporter does not generate it;

  • (d) 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;

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

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

  • (g) the stages of the plan and a schedule for completing each stage; and

  • (h) for each stage of the plan, an estimate of the quantity, in kilograms or litres, of goods produced that generate the hazardous waste referred to in the plan and a description of the impact of any changes to the quantity produced on the reduction or phasing out of exports of that hazardous 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 last stage of the plan is completed.