Guidance document: Export of Substances on the Export Control List Regulations


Cat. No.: En14-346/2018E-PDF
ISBN: 978-0-660-28612-9

Unless otherwise specified, you may not reproduce materials in this publication, in whole or in part, for the purposes of commercial redistribution without prior written permission from Environment and Climate Change Canada's copyright administrator. To obtain permission to reproduce Government of Canada materials for commercial purposes, apply for Crown Copyright Clearance by contacting:

Environment and Climate Change Canada
Public Inquiries Centre
7th Floor Fontaine Building
200 Sacré-Coeur Blvd
Gatineau QC  K1A 0H3
Telephone: 819‑997‑2800
Toll Free: 1‑800‑668‑6767 (in Canada only)
Email: ec.enviroinfo.ec@canada.ca

Cover photo: © GettyImages.ca
Inside photos: © Environment and Climate Change Canada

© Her Majesty the Queen in Right of Canada, represented by the Minister of Environment and Climate Change, 2018

Aussi disponible en français

Introduction

The Export of Substances on the Export Control List Regulations (the regulations) apply to exports of substances listed on Schedule 3 of the Canadian Environmental Protection Act, 1999 (CEPA), which is also known as the Export Control List. The regulations also apply to the export of products containing one or more of the substances listed on the Export Control List. Some of the rules for exports under CEPA and the regulations apply, even if other regulations under CEPA or any other legislation also apply to these exports.

The regulations set out the content of the notice of proposed export, and the period and manner in which it must be provided, as required under subsection 101(1) of CEPA. The regulations also ensure that Canada complies with its export obligations under the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention), Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention) and Minamata Convention on Mercury (Minamata Convention), in addition to conditions on the export of certain substances. The regulations also set out the requirements for obtaining an export permit.

The latest amendments to the regulations come into force on December 30, 2018 and now prohibit (with certain exceptions) the export of all forms of asbestos listed on the Export Control List.

This guidance document has been developed for exporters of substances listed on the Export Control List. In case of a discrepancy between this guidance document and the regulations or the current registers and annexes from the Stockholm Convention and Rotterdam Convention, the regulations and those registers and annexes shall prevail.

An importing country may have limitations that are more restrictive than the conditions established under the Rotterdam, Stockholm and/or Minamata conventions and the regulations. Exporters may wish to confirm with their importers that their export meets all applicable conditions from the importing country.

This guidance document may be updated from time to time. As a result, users should ensure that they are always consulting the most recent version of the document. Users can contact ec.substancedexportationcontrolee-exportcontrolledsubstance.ec@canada.ca to confirm this information or for any questions regarding the regulations.

1. The Export Control List

The Export Control List is a list of substances in Schedule 3 to the Canadian Environmental Protection Act, 1999 (CEPA). It sets out substances subject to the regulations and groups these substances into three parts:

  • Substances in Part 1 are subject to a prohibition on their use in Canada. They can only be exported for the purpose of destruction or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of CEPA, as set out in subsection 101(2) of CEPA. See section 8.2.1 of this guidance document.
  • Substances in Part 2 are subject to an international agreement requiring the consent or notification of the importing country, such as the Rotterdam Convention. See section 8.2.2 of this guidance document.
  • Substances in Part 3 are subject to domestic controls which restrict their use in Canada. See section 8.2.3 of this guidance document.

The Export Control List is amended from time to time. Substances can be added to, or removed from, the List by Ministerial Order made by the Ministers of Environment and Health. Orders amending the Export Control List are published in the Canada Gazette.

The regulations apply when a substance on the Export Control List is exported from Canada. This export can be for:

  • a substance as identified on the Export Control List, or
  • a substance identified on the Export Control List, contained in a mixture or a product

The regulations set out the conditions under which the export of a substance listed in the Export Control List is acceptable and the procedures to follow. The procedures for exporting a substance vary depending on the part of the Export Control List the substance is listed to and on whether or not the substance is listed under one or more of the Stockholm Convention, the Rotterdam Convention or the Minamata Convention. Additionally, in the case of asbestos, exports have their own regime.

2. Export of Substances on the Export Control List Regulations

Flowchart 1 - overview of the regulatory obligations

First part of the flowchart 1, see the long description under part 2 for full information.

Flowchart 1 continued.

flowchart 1 continued
Long description for flowchart 1

This figure is a flowchart which provides an overview of the Export of Substances on the Export Control List Regulations. It is divided into five parts, each describing requirements from different sections of the regulations through a series of questions.

Part 1: Compliance with the Canadian Environmental Protection Act, 1999

The regulations apply to the export of a substance listed on the Export Control List or the export of a product containing one or more substances listed on this list.

A Notice of proposed export is required in accordance with section 5 of the regulations, as per subsection 101(1) of the Canadian Environmental Protection Act, 1999. This applies to all exports of substances on the Export Control List and of products containing one or more substances listed on this list.

Q1. Is the substance listed on part 1 of the Export Control List?

If yes, then as per subsection 101(2) of the Canadian Environmental Protection Act, 1999, the export of part 1 substances is only allowed for destruction, or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999. Go directly to part 5 of the flowchart.

If no, go to part 2 of the flowchart.

Part 2: Sections 5.1 to 5.4 of the regulations - Asbestos Considerations

Q2. Is the substance a form of asbestos listed on the Export Control List?

If yes, go to question 3 (Q3).

If no, go to part 3 of the flowchart.

Q3. Do one or more of the provisions in section 5.2 of the regulations apply?

If yes, go to part 5 of the flowchart.

If no, go to question 4 (Q4).

Q4. Do one or more of the provisions in subsection 5.3(1) apply?

If yes, go to question 5 (Q5).

If no, then the export is prohibited.

Q5. Do paragraphs 5.3(3)(a) or 5.3(3)(b) apply?

If yes, then no export permit is required to export the substance, but the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export.

If no, then an export permit is required to export the substance. The exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export, and meet the additional conditions set out in section 5.4 or subsection 7(3) of the regulations.

The export permit will be granted subject to all applicable conditions set out in section 5.4 or subsection 7(3) of the regulations. If the substance exported is listed in Annex III of the Rotterdam Convention and is used for the category for which it is listed under this annex, then it is considered a “PIC substance”. PIC substances are subject to the Prior Informed Consent (PIC) procedure, as described under the Rotterdam Convention.

Part 3: section 23 of the regulations - compliance with the Minamata Convention

Q6. Is the substance a mixture that contains elemental mercury (CAS 7439-97-6) at a concentration of 95% or more by weight?

If yes, go to question 7 (Q7).

If no, go directly to part 4 of the flowchart.

Q7. Do one or more of the provisions in section 23 of the regulations apply?

If yes, go to part 5 of the flowchart.

If no, then the export is prohibited.

Part 4: Section 6 of the regulations - compliance with the Stockholm Convention

Q8. Is the substance on Annex A or B of the Stockholm Convention as well as on part 2 or 3 of the ECL and does it meet the definition of a “persistent organic pollutant” in subsection 6(1) of the regulations?

If yes, go to question 9 (Q9).

If no, go directly to part 5 of the flowchart.

Q9. Do one or more of the provisions in subsection 6(2) or subsection 6(3) apply?

If yes, go to part 5 of the flowchart.

If no, then the export is prohibited.

Part 5: Sections 7 to 22 of the regulations - compliance with the Rotterdam Convention

Q10. Is the importer a party to the Rotterdam Convention?

If yes, go to question 11 (Q11).

If no, then no export permit is required to export the substance, but the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export.

Q11. Do one or more of the provisions in subsection 7(2) apply?

If yes, then no export permit is required to export the substance, but the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export.

If no, go to question 12 (Q12)

Q12. Under what part of the Export Control List is the substance listed?

If the answer is part 1 of the Export Control List, go to question 13 (Q13).

If the answer is part 2 or part 3 of the Export Control List, go to question 15 (Q15).

Q13. Is the substance exported to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999?

If yes, then no export permit is required to export the substance. However, the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and meet the requirements of section 20 through section 22 of the regulations, as required under section 9 of the regulations.

If no, go to question 14 (Q14).

Q14. Is the substance exported for destruction?

If yes, then an export permit is required to export the substance. The exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and meet the requirements of section 19 through section 22 of the regulations.

The export permit is granted subject to section 16. If the substance exported is listed in Annex III of the Rotterdam Convention and is used for the category for which it is listed under this Annex III, then it is considered a “PIC substance”. PIC substances are subject to the Prior Informed Consent (PIC) procedure, as described under the Rotterdam Convention.

If no, the export is prohibited.

Q15. Is the substance listed in Annex III of the Rotterdam Convention?

If yes, go to question 16 (Q16).

If no, then an export permit is required to export the substance. The exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and meet the requirements of section 19 through section 22 of the regulations. The export permit is granted subject to section 16 of the regulations.

Q16. Is the substance exported for the use category identified in the Rotterdam Convention?

If yes, then an export permit is required to export the substance. The exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and meet the requirements of section 19 through section 22 of the regulations.

The export permit is granted subject to section 16 of the regulations. Since the substance exported is listed in Annex III of the Rotterdam Convention and is exported for the use category identified in the Rotterdam Convention, then this substance is considered a “PIC substance” and is subject to the Prior Informed Consent (PIC) procedure, as described under the Rotterdam Convention.

If no, then no export permit is required to export the substance. However, the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and meet the requirements of section 20 through section 22 of the regulations, as required under section 8 of the regulations.

This flowchart has been developed for exporters of substances listed on the Export Control List. It is intended to be complementary to the regulations. In case of a discrepancy between this document and the regulations, the regulations shall prevail.

3. Notice of proposed export

A notice of proposed export is required for all exports of substances, or products containing one or more of the substances, listed on the Export Control List. This is a requirement set out in subsection 101(1) of CEPA and the regulations set out the manner in which to notify. Section 5 of the regulations requires that prior notice of export be provided to the minister by the person proposing the export of a substance at least:

  1. seven days before the export in the case where the person holds a permit to export the substance issued under paragraph 185(1)(b) of CEPA, in other words under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, or
  2. 15 days before the export in any other case

The information to be provided in the notice of proposed export is detailed in Schedule 1 of the regulations and includes:

  • the identity of the exporter and the substance exported
  • the country of destination
  • the expected date of export
  • the estimated quantity of the substance to be exported
  • the purpose of the export
  • the exception under which the export is allowed, if applicable

4. Permit application

Certain exports require an export permit and are subject to additional requirements regarding record keeping, liability insurance, labelling and inclusion of safety data sheets with the exports. Section 6 (asbestos considerations) and section 8 (conditions relative to the Rotterdam Convention) of this guidance document present the circumstances where an export permit is required.

Exporters should take note that whether or not an export permit is necessary, a notice of proposed export must be submitted for all exports of substances on the Export Control List.

The information to be provided in an application for an export permit is detailed in Schedule 2 of the regulations. The information requested on an application for an export permit is similar to information requested in the notice of proposed export but also includes:

  • whether or not the substance is contained in a product
  • the proposed number of exports in the year, if known, and
  • the safety data sheet

Templates are available for exporters to provide prior notice and/or apply for an export permit.

Exporters who submit an application for an export permit - complete with all required information - should expect to receive their export permit, if approved, within ten working days from the date of submission of their completed application. If granted, the export permit will be valid for the calendar year for which it was issued.

4.1 Refusal, cancellation, amendment or suspension of a permit

An export permit will be refused, cancelled, amended or suspended by the minister if certain conditions, which are set out in sections 5.4 and 16 through 18 of the regulations, are met. Generally, such actions are in response to a change to the conditions of import by the Rotterdam Party importing the substance (for example, as per the Prior Informed Consent procedure, the Rotterdam Party informs that it no longer consents to imports of the substance), or the exporter is not able to export the substance in compliance with the regulations, CEPA, or any other measures under this act.

5. Other requirements

Exports requiring a permit and exports set out in sections 8 and 9 of the regulations are subject to additional requirements regarding record keeping, liability insurance, labelling and inclusion of safety data sheets with the exports, which are described below.

5.1 Retention of records

Exports requiring a permit and exports set out in sections 8 and 9 require that the exporter keep records for a minimum of 5 years at their principal place of business in Canada. Section 19 of the regulations sets out this requirement.

5.2 Insurance

For exports requiring a permit and exports set out in sections 8 and 9, the exporter is required to have liability insurance of not less than $5,000,000 for each export in respect of damages and costs for which the exporter could become liable. Section 20 of the regulations sets out this requirement.

5.3 Labelling and safety data sheet

Exports requiring a permit and exports set out in sections 8 and 9 have labelling requirements. A Safety Data Sheet (SDS) must also accompany these exports. Sections 21 and 22 of the regulations set out the labelling and SDS requirements.

6. Asbestos considerations

The regulations prohibit the export of all forms of asbestos listed on the Export Control List, whether or not asbestos is contained in a product, with certain exceptions. Sections 5.1 to 5.4 of the regulations set out the circumstances where a proposed export of asbestos is acceptable and the conditions for its export. Flowchart 2 provides a summary of these circumstances and conditions.

Flowchart 2 - overview of the considerations for exports of asbestos

flowchart 2
Long description for flowchart 2

This figure is a flowchart which provides an overview of the considerations for exports of asbestos. It describes the requirements of sections 5.1 through 5.4 of the regulations through a series of questions. These sections of the regulations apply to the export of asbestos, whether or not it is contained in a product.

Q1. Are the circumstances of the export set out in section 5.2 of the regulations?

The circumstances set out in section 5.2 relate to exports of:

  • a hazardous waste or hazardous recyclable material, regulated under Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations - 5.2(a)
  • a personal or household effect - 5.2(b)
  • military equipment - 5.2(c)

If yes, go to question 2 (Q2).

If no, go to question 4 (Q4).

Q2. Is the importing country a party to the Rotterdam Convention?

If yes, go to question 3 (Q3).

If no, then no export permit is required to export the substance, but the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export.

Q3. Does the export meet any of the conditions set out in subsection 7(2) of the regulations?

The conditions set out in subsection 7(2) relate to exports:

  • of a manufactured item - 7(2)(a)
  • of a hazardous waste or hazardous recyclable material, regulated under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations - 7(2)(b)
  • of a controlled substance, defined under the Controlled Drugs and Substances Act - 7(2)(c)
  • of a nuclear substance, defined under the Nuclear Safety and Control Act - 7(2)(d)
  • of a chemical weapon, defined under the Chemical Weapons Convention - 7(2)(e)
  • of a food or drug, defined under the Food and Drugs Act, or food additive, defined under the Food and Drug Regulations - 7(2)(f)
  • of a product in which the concentration of the substance is less than 0.1% by weight - 7(2)(g)
  • for personal use, if the quantity of the substance is less than 10 kg - 7(2)(h)
  • for laboratory use, if the quantity of the substance is less than 10 kg - 7(2)(i)

If yes, then no export permit is required to export the substance, but the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export.

If no, then an export permit is required to export the substance and the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export. The exporter must also comply with the permit requirements and respect the conditions set out in sections 8 to 22 of the regulations.

Q4. Are the circumstances of the export set out in subsection 5.3(1) of the regulations?

The circumstances set out in subsection 5.3(1) relate to exports:

  • for disposal
  • of products that were used before December 30, 2018
  • for servicing military equipment
  • of products containing trace amounts of asbestos
  • of certain raw material
  • for laboratory uses
  • for museum display

If yes, go to question 5 (Q5).

If no, then the export is prohibited.

Q5. Does the export meet any of the conditions set out in subsection 5.3(3) of the regulations?

The conditions set out in subsection 5.3(3) relate to exports where:

  • the concentration of asbestos is less than 0.1% in the exported product, or
  • in the case of exports for laboratory uses, the quantity of asbestos exported is less than 10 kg during the calendar year

If yes, then no export permit is required to export the substance, but the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export.

If no, go to question 6 (Q6).

Q6. Is the importing country a party to the Rotterdam Convention?

If yes, then an export permit is required to export the substance and the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export. The exporter must also comply with the permit requirements in subsection 5.3(4) of the regulations and must respect the conditions set out in subsection 7(3) of the regulations.

If no, then an export permit is required and the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export. The exporter must also comply with the permit requirements in subsection 5.3(4) of the regulations and must respect the conditions set out in section 5.4 of the regulations.

This flowchart has been developed for exporters of substances listed on the Export Control List. It is intended to be complementary to the regulations. In case of a discrepancy between this document and the regulations, the regulations shall prevail.

The exporter will inform which acceptable circumstances apply to its export through the notice of proposed export, which is required for all exports. In certain cases, an export permit may be required. Some unique considerations for asbestos exports are elaborated upon here.

6.1 Exceptions listed under section 5.2 of the regulations

Exports allowed by an exception listed under section 5.2 of the regulations remain subject to the conditions relative to the Rotterdam Convention, which are presented under section 8 of this guidance document. This means that an export to a country that is party to the Rotterdam Convention will require a permit unless exempted by subsection 7(2) or section 8 of the regulations. Exports allowed by these exceptions will not require a permit if the importing country is not a party to the Rotterdam Convention.

Table 1 provides a list of these exceptions and examples.

Table 1 - exceptions listed under section 5.2 of the regulations
Exception Type of exports allowed Examples
5.2(a) Hazardous waste or hazardous recyclable material, regulated by the EIHWHRMRa Asbestos fibres and other wastes or recyclable material regulated by the EIHWHRMRa
5.2(b) Personal or household effect Older small appliances containing asbestos, such as coffee pots, toasters, crock pots; hair dryers; ironing board covers; electric blankets; fireproof gloves
5.2(c) Military equipmentb Military vehicle with installed asbestos-containing parts, such as brake pads, clutches, gaskets, heat seals, insulation, etc.

a EIHWHRMR = Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations
b Military equipment means an aircraft, ship, submarine or land vehicle designed to be used in combat or in a combat support role.

6.2 Exceptions listed under subsection 5.3(1) of the regulations

Exports allowed by an exception listed under subsection 5.3(1) of the regulations will require a permit, unless the concentration of asbestos in the exported product is less than 0.1% by weight, or, in the case of laboratory use, the total quantity of asbestos exported for this purpose during the calendar year does not exceed 10 kg, as set out in subsection 5.3(3) of the regulations. These exports will also require that the exporter complies with the permit requirements set out in subsection 5.3(4) of the regulations.

Where a permit is required, it will be required regardless of the country of destination and the export will be subject to additional requirements.

Table 2 provides a list of these exceptions and examples.

Table 2 - exceptions listed under subsection 5.3(1) of the regulations
Exception Type of exports allowed Examples
5.3(1)(a) Disposal This includes products exported for asbestos abatement, such as asbestos insulation surrounding coils, as well as other products exported for disposal, such as brake pads containing asbestos, etc.
5.3(1)(b) Product used before December 30, 2018 Gaskets containing asbestos installed in a final product, vehicles with brake pads containing asbestos
5.3(1)(c) Product exported to service military equipmenta during a military operationb, if no asbestos-free alternative is availablec Replacement parts containing asbestos for military vehicles
5.3(1)(d) Product containing asbestos in trace amounts Information on products containing trace amounts of asbestos is available in the Guidance document on trace amounts of asbestos in consumer products developed for the Prohibition of Asbestos and Products Containing Asbestos Regulations
5.3(1)(e) Raw materiald Ore, sand, rock
5.3(1)(f) Laboratory uses Samples for characterization, analytical standards
5.3(1)(g) Museum display Artifact, mineral, processed asbestos fibres

a Military equipment means an aircraft, ship, submarine or land vehicle designed to be used in combat or in a combat support role.
b Military operation means any operation taken to protect national security, support humanitarian relief efforts, participate in multilateral military or peacekeeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization.
c A product can only be exported to service military equipment if no technically or economically feasible asbestos-free alternative is available.
d Raw material extracted from the ground can be exported to manufacture a consumer product that contains asbestos in trace amounts, to manufacture a product that is not a consumer product, or for a purpose other than manufacturing a product, if the raw material will not be sold as a consumer product.

If an application for an export permit, complete with all required information, is received for an export to a country that is a Rotterdam party, the minister will issue an export permit, subject to subsection 7(3) of the regulations. If the exported substance is listed to Annex III to the Rotterdam Convention, the prior informed consent procedure will apply to the export, and the permit will only be issued if the importing party has consented to the import of the substance. The permit may specify conditions on import required by the importing party.

If an application for an export permit, complete with all required information, is received for an export to a country that is not a Rotterdam party, the minister will issue an export permit, subject to section 5.4 of the regulations.

7. Stockholm Convention

The Stockholm Convention on persistent organic pollutants is a global treaty to protect human health and the environment from chemicals that remain intact in the environment for long periods, become widely distributed geographically, accumulate in the fatty tissue of humans and wildlife, and have harmful impacts on human health or on the environment.

Substances listed on the Export Control List that are also listed in Annex A or Annex B of the Stockholm Convention, other than ones added to the convention by an amendment that is not in force for Canada, are defined as persistent organic pollutants (POPs).

The export of POPs is prohibited, with certain exceptions in accordance with the Stockholm Convention.

The regulations do not provide a list of the substances listed in Annex A or Annex B of the Stockholm Convention nor the associated information regarding specific exemptions and acceptable purposes. Instead, they incorporate this information by reference which keeps the information current based on changes made to the convention or ratification of parties.

Exporters should take note that the listings and information in the annexes and registers maintained by the secretariat of the Stockholm Convention will be updated from time to time. In the case of a discrepancy between the information presented in this guidance document and the information maintained by the secretariat of the Stockholm Convention, the information maintained by the secretariat shall prevail.

Section 6 of the regulations sets out the conditions for a proposed export relative to the Stockholm Convention. These conditions specifically apply to POPs listed in part 2 or part 3 of the Export Control List. As per subsection 101(2) of CEPA, POPs listed in part 1 can only be exported for the purpose of destruction or in compliance with a direction issued under subparagraph 99(b)(iii) of CEPA, and the applicable requirements of the regulations must be met.

The notice of proposed export, set out in Schedule 1 of the regulations, requires the exporter to inform which of these circumstances are met.

For a detailed overview of the conditions relative to the Stockholm Convention, refer to flowchart 3.

Flowchart 3 - overview of the conditions relative to the Stockholm Convention

flowchart 3
Long description for flowchart 3

This figure is a flowchart which provides an overview of the conditions relative to the Stockholm Convention. It describes the requirements of section 6 of the regulations through a series of questions.

Q1. Is the substance listed in part 1 of the Export Control List?

If yes, then as per subsection 101(2) of the Canadian Environmental Protection Act, 1999, the export is only allowed for destruction, or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999. The exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and determine applicability of sections 7 through 22 (Rotterdam Convention considerations) of the regulations.

If no, go to question 2 (Q2).

Q2. Is the substance listed in part 2 or part 3 of the Export Control List?

If yes, go to question 3 (Q3).

If no, then the substance is not listed on the Export Control List and therefore the regulations do not apply to this export.

Q3. Is the substance listed in Annex A or Annex B of the Stockholm Convention and has the amendment has been ratified by Canada? Substances that meet these conditions satisfy the conditions under subsection 6(1) of the regulations and are listed in table 3 of the guidance document.

If yes, go to question 4 (Q4).

If no, the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and determine applicability of sections 7 through 22 of the regulations, which set out the conditions relative to the Rotterdam Convention.

Q4. Is the substance a “hazardous waste” or “hazardous recyclable material”, or contained in such waste or material, and regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations?

If yes, then the export satisfies subsection 6(3) of the regulations and the exporter must comply with the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations and section 5 of the regulations, which sets out requirements regarding the notice of proposed export.

If no, go to question 5 (Q5).

Q5. Does the export satisfy paragraphs 6(2)(c) (disposal), 6(2)(d) (laboratory use) or 6(2)(e) (trace amounts)?

If yes, then the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and determine applicability of sections 7 through 22 of the regulations, which set out the conditions relative to the Rotterdam Convention.

If no, go to question 6 (Q6).

Q6. Is the substance contained in a product notified by Canada as an article in use? Table 6 of the guidance document lists products that were notified by Canada as articles in use.

If yes, then the export must satisfy paragraph 6(2)(f) of the regulations and the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and determine applicability of sections 7 through 22 of the regulations, which set out the conditions relative to the Rotterdam Convention.

If no, go to question 7 (Q7).

Q7. Is a specific exemption or acceptable purpose listed in Annex A or B of the Stockholm Convention for that substance and is the export in compliance with those terms? Table 4 of the guidance document lists acceptable purposes and specific exemptions registered by importing parties.

If yes, go to question 8 (Q8).

If no, then the export is prohibited.

Q8. Is the importing country a party to the Stockholm Convention which has registered a specific exemption or acceptable purpose?

If yes, then the export must satisfy subparagraph 6(2)(a)(i) of the regulations and the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and determine applicability of sections 7 through 22 of the regulations, which set out the conditions relative to the Rotterdam Convention.

If no, go to question 9 (Q9).

Q9. Is the importing country a party to the Stockholm Convention that has ratified the amendment which added the substance to Annex A or B of the Stockholm Convention?

If yes, then the export is prohibited.

If no, go to question 10 (Q10).

Q10. Does an “annual certification” exist for this substance between Canada and the importing country? Table 5 of the guidance document lists annual certifications between Canada and importing countries.

If yes, then the export must satisfy subparagraph 6(2)(a)(ii) or paragraph 6(2)(b) of the regulations and the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export and determine applicability of sections 7 through 22 of the regulations, which set out the conditions relative to the Rotterdam Convention.

If no, then the export is prohibited.

This flowchart has been developed for exporters of substances listed on the Export Control List. It is intended to be complementary to the regulations. In case of a discrepancy between this document and the regulations, the regulations shall prevail.

Exporters that consider exporting a substance listed in Annex A or Annex B of the Stockholm Convention should consider the following factors to determine if their proposed export is allowed under the regulations:

  • has the amendment been ratified by Canada and is it in force for Canada?
    • if the amendments have not been ratified by Canada, refer to section 7.1 of this guidance document
  • is the importing country a party to the Stockholm Convention?
    • if the importing country is not Party to the Stockholm Convention, refer to section 7.4 of this guidance document
  • has the importing country ratified the amendment adding the POP to Annex A or Annex B of the Stockholm Convention?
    • if the importing country did not ratify the amendment, refer to section 7.3 of this guidance document
  • is a specific exemption or acceptable purpose in force for the POP?
    • if the importing country has registered a specific exemption or acceptable purpose, refer to section 7.2 of this guidance document
  • what is the purpose of the export?
    • if the export is for environmentally sound disposal, refer to section 7.5 of this guidance document
    • if the export is for laboratory uses, refer to section 7.6 of this guidance document
    • if hazardous waste or hazardous recyclable material are exported, refer to section 7.9 of this guidance document
  • is the POP contained in a product?
    • if products containing incidental trace amounts of POPs are exported, refer to section 7.7 of this guidance document
    • if products already in use before the amendment adding the POP was ratified and that were notified by Canada are exported, refer to section 7.8 of this guidance document

Exports allowed by an exception set out in section 6 of the regulations may also be subject to the conditions relative to the Rotterdam Convention, set out in section 8 of this guidance document.

7.1 Amendment not in force for Canada - 6(1)

Canada is only bound to the provisions of the Stockholm Convention for amendments which it ratifies. A substance which was added to Annex A or Annex B of the Stockholm Convention through an amendment which has not been ratified by Canada (or is not yet in force for Canada) does not meet the definition of a “persistent organic pollutant” for the purpose of section 6 of the regulations and the additional conditions relative to the Stockholm Convention do not apply for these substances. The exporter must however comply with the requirements regarding the notice of proposed export and determine the applicability of the conditions relative to the Rotterdam Convention.

Table 3 provides an inventory of the substances added to Annex A or Annex B of the Stockholm Convention which have been ratified by Canada.

7.2 Exports to parties for acceptable purposes or specific exemptions - 6(2)(a)(i)

This exception allows the export of a POP to parties which have registered for a specific exemption or acceptable purpose for that POP under the Convention.

Table 4 provides an inventory of POPs, and informs which parties have registered for a specific exemption or acceptable purpose. This information allows an exporter of one of these POPs to determine if the export will satisfy this exception.

The exporter must also comply with the requirements regarding the notice of proposed export and determine the applicability of the conditions relative to the Rotterdam Convention.

7.3 Exports to parties who have not ratified an amendment adding the POP to the convention - 6(2)(a)(ii)

This exception allows the export of a POP to countries who are party to the Stockholm Convention but have not ratified the amendment which adds the POP to Annex A or Annex B, if an annual certification is in force.

Under the Stockholm Convention, Canada must have an annual certification in force, which is an agreement between Canada and the importing party regarding the POP. The annual certification will apply to one or more specific exemptions or acceptable purposes allowed for the POP under the Stockholm Convention. Table 5 provides an inventory of the annual certifications in force between Canada and other countries and the applicable acceptable purposes and specific exemptions.

The exporter must also comply with the requirements regarding the notice of proposed export and determine the applicability of the conditions relative to the Rotterdam Convention.

7.4 Exports to countries which are not parties to the convention - 6(2)(b)

This exception allows the export of a POP to a country that has not ratified the Stockholm Convention, if Canada has an annual certification in place with that country.

In these cases, the annual certification will apply to one or more specific exemptions or acceptable purposes allowed for the POP under the Stockholm Convention. Table 5 provides an inventory of all of the annual certifications in force between Canada and other countries and the applicable acceptable purposes or specific exemptions.

The exporter must also comply with the requirements regarding the notice of proposed export and determine the applicability of the conditions relative to the Rotterdam Convention.

7.5 Environmentally sound disposal - 6(2)(c)

The exception allows the export of a POP if the export is for environmentally sound disposal as set out in paragraph 1(d) of article 6 of the convention.

Article 6 paragraph 1(d) of the Stockholm Convention (PDF 1028 kB) states:

Take appropriate measures so that such wastes, including products and articles upon becoming wastes, are:

  1. handled, collected, transported and stored in an environmentally sound manner
  2. disposed of in such a way that the persistent organic pollutant content is destroyed or irreversibly transformed so that they do not exhibit the characteristics of persistent organic pollutants or otherwise disposed of in an environmentally sound manner when destruction or irreversible transformation does not represent the environmentally preferable option or the persistent organic pollutant content is low, taking into account international rules, standards, and guidelines, including those that may be developed pursuant to paragraph 2, and relevant global and regional regimes governing the management of hazardous wastes
  3. not permitted to be subjected to disposal operations that may lead to recovery, recycling, reclamation, direct reuse or alternative uses of persistent organic pollutants, and
  4. not transported across international boundaries without taking into account relevant international rules, standards and guidelines.

To help determine if the export is for environmentally sound disposal, exporters can consult the Adopted Technical Guidelines for environmentally sound management of wastes containing persistent organic pollutants developed under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. These guidelines describe suitable methods of environmentally sound management of wastes.

Specifically, the “General Technical Guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants” provide general information and may be used in conjunction with technical guidelines specific to certain POPs. These guidelines have a section dedicated to environmentally sound disposal which exporters can use to ensure that the foreseen treatment by the importing country will satisfy 6(2)(c) of the regulations.

The exporter must also comply with the requirements regarding the notice of proposed export and determine the applicability of the conditions relative to the Rotterdam Convention.

7.6 Laboratory use - 6(2)(d)

This exception allows the export of a POP if it is exported for use in a laboratory for analysis, in scientific research, or as a laboratory analytical standard. The total quantity of the POP exported by the person during the calendar year in question must not exceed 10 kg.

The exporter must also comply with the requirements regarding the notice of proposed export and determine the applicability of the conditions relative to the Rotterdam Convention.

7.7 Incidentally present in trace amounts - 6(2)(e)

This exception allows the export of a POP if it is incidentally present in trace amounts in a product.

The exporter must also comply with the requirements regarding the notice of proposed export and determine the applicability of the conditions relative to the Rotterdam Convention.

7.8 Products already in use - 6(2)(f)

This exception allows the export of products manufactured on or before the entry into force for Canada of a provision of the Stockholm Convention, if Canada has notified the secretariat for that product.

Products or quantities of a POP already in use at the time a party ratifies an amendment adding the substance to Annex A or Annex B can be notified to the secretariat of the Stockholm Convention. Table 6 provides an inventory of Canada’s notifications. Products listed in this table are authorized for export under this exception.

The exporter must also comply with the requirements regarding the notice of proposed export and determine the applicability of the conditions relative to the Rotterdam Convention.

For these exports, the date of manufacture of the product is required and must be provided in the notice of proposed export.

7.9 Hazardous waste - 6(3)

The considerations relative to the Stockholm Convention in subsection 6(2) of the regulations do not apply to a POP that is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations recognizing that these regulations will therefore apply to the export. The exporter must also comply with the requirements regarding the notice of proposed export.

Table 3: substances on the Export Control List which are also listed to Annex A or Annex B of the Stockholm Convention and in force for Canadaa,b
Substance CAS registry number Export Control List Stockholm Convention
Annex
Stockholm Convention
Date in force for Canada
Mirex (Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane) 2385-85-5 Part 1 A May 17, 2004
Polybrominated biphenyls that have the molecular formula C12H(10-n)Brn in which "n" is greater than 2 (only Hexabromobiphenyl is listed in Annex A of the Stockholm Convention) 36355-01-8 Part 1 A April 4, 2011
Chlordecone 143-50-0 Part 1 A April 4, 2011
Endrin (1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8, 8a-octahydro-exo-1,4-exo-5,8-dimethanonaphthalene) 72-20-8 Part 1 A May 17, 2004
Toxaphene 8001-35-2 Part 1 A May 17, 2004
Alpha-HCH 319-84-6 Part 1 A April 4, 2011
Beta-HCH 319-85-7 Part 1 A April 4, 2011
Aldrin 309-00-2 Part 2 A May 17, 2004
Chlordane 57-74-9 Part 2 A May 17, 2004
DDT 50-29-3 Part 2 B May 17, 2004
Dieldrin 60-57-1 Part 2 A May 17, 2004
Heptachlor 76-44-8 Part 2 A May 17, 2004
Hexachlorobenzene 118-74-1 Part 2 A May 17, 2004
Lindane 58-89-9 Part 2 A April 4, 2011
Polychlorinated biphenyls (PCB) 1336-36-3 Part 2 A May 17, 2004
Pentachlorobenzene, which has the molecular formula C6HCl5 608-93-5 Part 3 A April 4, 2011

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B April 4, 2011

a Note:  In the case of a discrepancy between this table and the register of the status of ratifications maintained by the secretariat of the Stockholm Convention, the information maintained by the secretariat shall prevail.
b Last updated: August 31, 2018

Table 4: specific exemptions and acceptable purposes registered by parties to the Stockholm Convention for substances listed on Annex A or Annex B and in force for Canadaa,b
Substance CAS registry number Export Control List Stockholm Convention
Annex
Stockholm Convention
Parties claiming exemption or purpose
Stockholm Convention
Specific Exemption (SE) / Acceptable Purpose (AP)
Mirex (Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane) 2385-85-5 Part 1 A - Substances listed on part 1 of the Export Control List can be exported, but only for the purpose of destruction or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999.
Polybrominated biphenyls that have the molecular formula C12H(10-n)Brn in which "n" is greater than 2 (only Hexabromobiphenyl is listed in Annex A of the Stockholm Convention) 36355-01-8 Part 1 A - Substances listed on part 1 of the Export Control List can be exported, but only for the purpose of destruction or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999.
Chlordecone 143-50-0 Part 1 A - Substances listed on part 1 of the Export Control List can be exported, but only for the purpose of destruction or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999.
Endrin (1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8, 8a-octahydro-exo-1,4-exo-5,8-dimethanonaphthalene) 72-20-8 Part 1 A - Substances listed on part 1 of the Export Control List can be exported, but only for the purpose of destruction or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999.
Toxaphene 8001-35-2 Part 1 A - Substances listed on part 1 of the Export Control List can be exported, but only for the purpose of destruction or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999.
Alpha-HCH 319-84-6 Part 1 A - Substances listed on part 1 of the Export Control List can be exported, but only for the purpose of destruction or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999.
Beta-HCH 319-85-7 Part 1 A - Substances listed on part 1 of the Export Control List can be exported, but only for the purpose of destruction or to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environmental Protection Act, 1999.
Aldrin 309-00-2 Part 2 A Not applicable -
Chlordane 57-74-9 Part 2 A Not applicable -
DDT 50-29-3 Part 2 B Botswana AP:
  • Disease vector control
DDT 50-29-3 Part 2 B Eritrea AP:
  • disease vector control
DDT 50-29-3 Part 2 B Ethiopia AP:
  • disease vector control
DDT 50-29-3 Part 2 B India AP:
  • disease vector control
DDT 50-29-3 Part 2 B Madagascar AP:
  • disease vector control
DDT 50-29-3 Part 2 B Marshall Islands AP:
  • disease vector control
DDT 50-29-3 Part 2 B Mauritius AP:
  • disease vector control
DDT 50-29-3 Part 2 B Mozambique AP:
  • disease vector control
DDT 50-29-3 Part 2 B Namibia AP:
  • disease vector control
DDT 50-29-3 Part 2 B Senegal AP:
  • disease vector control
DDT 50-29-3 Part 2 B South Africa AP:
  • disease vector control
DDT 50-29-3 Part 2 B Swaziland AP:
  • disease vector control
DDT 50-29-3 Part 2 B Uganda AP:
  • disease vector control
DDT 50-29-3 Part 2 B Venezuela AP:
  • disease vector control
DDT 50-29-3 Part 2 B Yemen AP:
  • disease vector control
DDT 50-29-3 Part 2 B Zambia AP:
  • disease vector control
DDT 50-29-3 Part 2 B Zimbabwe AP:
  • disease vector control
Dieldrin 60-57-1 Part 2 A Not applicable -
Heptachlor 76-44-8 Part 2 A Not applicable -
Hexachlorobenzene 118-74-1 Part 2 A Not applicable -
Lindane 58-89-9 Part 2 A China
(applicable to Hong Kong and Macao)
SE:
  • adjuvant therapeutic drug to control head lice and to treat scabies.
Polychlorinated biphenyls (PCB) 1336-36-3 Part 2 A Not applicable -
Pentachlorobenzene, which has the molecular formula C6HCl5 608-93-5 Part 3 A Not applicable -

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Brazil AP:
  • insect baits for control of leaf-cutting ants from Atta spp. and Acromyrmex spp.

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Cambodia AP:
  • fire-fighting foam

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B China
(applicable to Hong Kong and Macao)
AP:
  • photo-imaging
  • photo-resist and anti-reflective coatings for semi-conductors
  • etching agent for compound semi-conductors and ceramic filters
  • aviation hydraulic fluids
  • metal plating (hard metal plating) only in closed-loop systems
  • certain medical devices (such as ethylene tetrafluoroethylene copolymer (ETFE) layers and radio-opaque ETFE production, in-vitro diagnostic medical devices, and CCD colour filters)
  • fire-fighting foam

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Czech Republic AP:
  • photo-imaging
  • photo-resist and anti-reflective coatings for semi-conductors
  • aviation hydraulic fluids
  • metal plating (hard metal plating) only in closed-loop systems

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B European Union AP:
  • photo-imaging
  • photo-resist and anti-reflective coatings for semi-conductors
  • etching agent for compound semi-conductors and ceramic filters
  • metal plating (hard metal plating) only in closed-loop systems

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Japan AP:
  • photo-imaging
  • photo-resistant and anti-reflective coatings for semi-conductors
  • etching agent for compound semi-conductors and ceramic filters
  • Certain medical devices

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Norway AP:
  • photo-imaging
  • photo-resist and anti-reflective coatings for semi-conductors
  • etching agent for compound semi-conductors and ceramic filters
  • metal plating (hard metal plating) only in closed-loop systems

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Switzerland AP:
  • photo-imaging
  • photo-resist and anti-reflective coatings for semi-conductors
  • etching agent for compound semi-conductors and ceramic filters
  • aviation hydraulic fluids
  • metal plating (hard metal plating) only in closed-loop systems
  • fire-fighting foam

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Republic of Korea AP:
  • photo-imaging
  • photo-resist and anti-reflective coatings for semi-conductors
  • etching agent for compound semi-conductors and ceramic filters
  • aviation hydraulic fluids
  • metal plating (hard metal plating) only in closed-loop systems
  • certain medical devices (such as ethylene tetrafluoroethylene copolymer (ETFE) layers and radio-opaque ETFE production, in-vitro diagnostic medical devices and CCD colour filters)

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Turkey AP:
  • photo-imaging
  • photo-resist and anti-reflective coatings for semi-conductors
  • etching agent for compound semi-conductors and ceramic filters
  • aviation hydraulic fluids
  • metal plating (hard metal plating) only in closed-loop systems

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Vietnam AP:
  • photo-imaging
  • photo-resist and anti-reflective coatings for semi-conductors
  • etching agent for compound semi-conductors and ceramic filters
  • aviation hydraulic fluids
  • metal plating (hard metal plating) only in closed-loop systems
  • certain medical devices (such as ethylene tetrafluoroethylene copolymer (ETFE) layers and radio-opaque ETFE production, in-vitro diagnostic medical devices, and CCD colour filters)
  • fire-fighting foam
  • insect baits for control of leaf-cutting ants from Atta spp. and Acromyrmex spp.

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Zambia AP:
  • aviation hydraulic fluids
  • fire-fighting foam

a Note: In the case of a discrepancy between this table and Annexes A and B, as well as the registers of specific exemptions and acceptable purposes as maintained by the secretariat of the Stockholm Convention, the information maintained by the secretariat shall prevail.
b Last updated: August 31, 2018

Canada has also registered exemptions for tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, and heptabromodiphenyl ether in accordance with part IV of Annex A of the Stockholm Convention, but these substances are not listed on the Export Control List, and therefore the Export of Substances on the Export Control List Regulations do not apply.

To determine the estimated expiry dates of specific exemptions, exporters can view when amendments came into force for parties to the Stockholm Convention on the secretariat’s website.

Table 5: list of active annual certifications as registered by Canadaa,b,c
Importing state Date of export Exported chemical Intended use of the chemical
- - - -

a Note: In the case of a discrepancy between this table and the registers of active annual certifications maintained by the secretariat of the Stockholm Convention, the information maintained by the secretariat shall prevail.
b Last updated: August 31, 2018
c Canada presently has no annual certifications registered with the secretariat of the Stockholm Convention.

Table 6: articles in use as notified by Canada under the Stockholm Conventiona,b
Substance CAS registry number Export Control List Stockholm Convention
Annex
Stockholm Convention
Article
Stockholm Convention
Date of notification
Lindane 58-89-9 Part 2 A Human health pharmaceutical for control of head lice and scabies as second-line treatment 21 December 2010

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  • Perfluorooctane sulfonic acid
  • Potassium perfluorooctane sulfonate
  • Lithium perfluorooctane sulfonate
  • Ammonium perfluorooctane sulfonate
  • Diethanolammonium perfluorooctane sulfonate
  • Tetraethylammonium perfluorooctane sulfonate
  • Didecyldimethylammonium perfluorooctane sulfonate
  • Perfluorooctane sulfonyl fluoride

(only perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride are listed under the Stockholm Convention)

1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
307-35-7

Part 2 B Aqueous film forming foams (fire-fighting foams) 21 December 2010

a Note: In the case of a discrepancy between this table and the registers of articles in use maintained by the secretariat of the Stockholm Convention, the information maintained by the secretariat shall prevail.
b Last updated: August 31, 2018

Canada has also notified articles containing tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, and heptabromodiphenyl ether in accordance with part IV and part V of Annex A of the Stockholm Convention, but these substances are not listed on the Export Control List, and therefore the Export of Substances on the Export Control List Regulations do not apply.

8. Rotterdam Convention

The Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade aims to promote shared responsibility and cooperative efforts among parties in the international trade of certain hazardous chemicals in order to protect human health and the environment from potential harm and to contribute to the environmentally sound use of those hazardous chemicals, by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export and by disseminating these decisions to parties.

When a substance on the Export Control List is proposed for export to another country which is party to the Rotterdam Convention, an exporter may require a permit for export under the regulations. Sections 7 through 22 of the regulations apply to exports of substances listed on the Export Control List when they are exported to another party to the Rotterdam Convention and may also apply for exports under other sections of the regulations.

Different considerations are taken into account to determine if a permit is required, such as the expected use by the importing party and the part of the Export Control List to which the substance is listed.

For a detailed overview of the conditions relative to the Rotterdam Convention, refer to flowchart 4.

Flowchart 4 - overview of the conditions relative to the Rotterdam Convention

flowchart 4
Long description for flowchart 4

This figure is a flowchart which provides an overview of the conditions relative to the Rotterdam Convention. It describes the requirements of sections 7 through 22 of the regulations through a series of questions.

Q1. Is the substance a form of asbestos?

If yes, you are directed to flowchart 2, as it provides an overview of the provisions relative to asbestos under the regulations.

If no, go to question 2 (Q2).

Q2. Is the importing country a party to the Rotterdam Convention?

If yes, go to question 3 (Q3).

If no, then no export permit is required to export the substance. However, the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export, and determine applicability of sections 6 and 23 of the regulations.

Q3. Does the export meet any of the conditions set out in subsection 7(2) of the regulations?

The conditions set out in subsection 7(2) relate to exports:

  • of a manufactured item - 7(2)(a)
  • of a hazardous waste or hazardous recyclable material, defined under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations - 7(2)(b)
  • of a controlled substance, defined under the Controlled Drugs and Substances Act - 7(2)(c)
  • of a nuclear substance, defined under the Nuclear Safety and Control Act - 7(2)(d)
  • of a chemical weapon, defined under the Chemical Weapons Convention - 7(2)(e)
  • of a food or drug, defined under the Food and Drugs Act, or food additive, defined under the Food and Drug Regulations - 7(2)(f)
  • of a product in which the concentration of the substance is less than 0.1% by weight - 7(2)(g)
  • for personal use, if the quantity of the substance is less than 10 kg - 7(2)(h)
  • for laboratory use, if the quantity of the substance is less than 10 kg - 7(2)(i)

If yes, then no export permit is required to export the substance. However, the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export, and determine applicability of sections 6 and 23 of the regulations.

If no, go to question 4 (Q4).

Q4. Is the substance in part 2 or part 3 of the Export Control List and being exported for a category of use other than that for which the substance is listed in Annex III of the Rotterdam Convention, as set out in section 8 of the regulations?

If yes, then no export permit is required to export the substance. However, the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export, and determine applicability of sections 6 and 23 of the regulations.

The exporter must meet the requirements of sections 20 through 22 of the regulations.

If no, go to question 5 (Q5).

Q5. Is the substance in part 1 of the Export Control List and exported to comply with a direction issued by the minister under subparagraph 99(b)(iii) of the Canadian Environment Protection Act, 1999, as set out in section 9 of the regulations?

If yes, then no export permit is required to export the substance. However, the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export, and determine applicability of sections 6 and 23 of the regulations.

The exporter must meet the requirements of sections 20 through 22 of the regulations.

If no, go to question 6 (Q6).

Q6. Under what part of the Export Control List is the substance listed?

If the substance is listed under part 1 of the Export Control List, go to question 7 (Q7).

If the substance is listed under part 2 or part 3 of the Export Control List, go directly to question 8 (Q8).

Q7. Is the substance exported for destruction?

If yes, go to question 8 (Q8).

If no, then the export is prohibited.

Q8. Is the substance on Annex III of the Rotterdam Convention?

If yes, go to question 9 (Q9).

If no, then an export permit is required to export the substance. The exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export, and determine the applicability of sections 6 and 23 of the regulations.

The exporter must also comply with the permit requirements and respect the conditions set out in sections 8 through 22 of the regulations.

Q9. Does the importing country consent to the export or are any of the conditions set out in subsection 12(1) of the regulations met?

If yes, then an export permit is required to export the substance and the exporter must comply with section 5 of the regulations, which sets out requirements regarding the notice of proposed export, and determine applicability of sections 6 and 23 of the regulations.

The exporter must also comply with the permit requirements and respect the conditions set out in sections 8 through 22 of the regulations.

If no, then the export is prohibited.

This flowchart has been developed for exporters of substances listed on the Export Control List. It is intended to be complementary to the regulations. In case of a discrepancy between this document and the regulations, the regulations shall prevail.

8.1 Exports not requiring a permit

For exports subject to conditions relative to the Rotterdam Convention, an export permit will be required unless exempted by subsection 7(2), section 8 or section 9 of the regulations.

8.1.1 Exports where conditions relative to the Rotterdam Convention do not apply

Certain exports, other than those set out in subsection 5.3(1) of the regulations, are exempted from the need for an export permit and additional requirements relative to the Rotterdam Convention. These exports are set out in subsection 7(2) of the regulations, which states that sections 8 to 22 of the regulations do not apply to a substance that:

  1. is contained in a manufactured item that during manufacture is formed into a specific physical shape or design and has for its final use a function or functions wholly or partly dependent on its shape or design
  2. is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations
  3. is, or is contained in, a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act
  4. is, or is contained in, a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act
  5. is, or is contained in, a chemical weapon as defined by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed at Paris, France, on January 13, 1993, as amended from time to time
  6. is, or is contained in, a food or drug as defined in section 2 of the Food and Drugs Act or a food additive as defined in Part B of the Food and Drug Regulations
  7. is contained in a product at a concentration of less than 0.1% by weight
  8. is exported for the personal use of the individual who imports the substance, if the total quantity exported for that purpose by the exporter during the calendar year in question does not exceed 10 kg, or
  9. is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard, if the total quantity exported for those purposes by the exporter during the calendar year in question does not exceed 10 kg

8.1.2 Substances not subject to prior informed consent procedure

Substances listed in Annex III of the Rotterdam Convention are listed for either their use as a pesticide, use as an industrial chemical, or both. The prior informed consent procedure of the Rotterdam Convention applies when a substance is exported for the category of use(s) for which it is listed in Annex III. Table 7 provides an inventory of the Export Control List substances which are on Annex III of the Rotterdam Convention and the associated category of use(s) for these substances.

Except for all forms of asbestos, the export of a substance listed in Annex III and on part 2 or part 3 of the Export Control List does not require an export permit if the substance is exported for a category of use other than the category for which it is listed in Annex III. Such an export is nevertheless subject to the insurance, labelling and safety data sheet requirements of sections 20 through 22 of the regulations. Section 8 of the regulations sets out this exemption.

8.1.3 Direction issued by the minister

The export of a substance on part 1 of the Export Control List, made to comply with a direction issued under subparagraph 99(b)(iii) of CEPA does not require an export permit, but is subject to the insurance, labelling and safety data sheet requirements of sections 20 through 22 of the regulations. Section 9 of the regulations sets out this exemption.

8.2 Permit applications and export conditions

Exporters should ensure that a proposed export is allowed under the Regulations by consulting the asbestos considerations, as well as the conditions relative to the Stockholm Convention and Minamata Convention, before applying for a permit.

The Database of Import Responses, which is maintained by the secretariat of the Rotterdam Convention, provides an overview of the import responses provided by Rotterdam parties for substances subject to the prior informed consent procedure.

8.2.1 Exports of substances on part 1 of the Export Control List

As per subsection 101(2) of CEPA, a substance listed on part 1 of the Export Control List can only be exported for the purpose of destruction or in compliance with a direction issued under subparagraph 99(b)(iii) of CEPA, and the applicable requirements of the regulations must be met.

As explained in section 8.1.3 of this guidance document, exports to comply with a direction issued under subparagraph 99(b)(iii) of CEPA do not require a permit.

If the substance to be exported is not listed in Annex III to the Rotterdam Convention:

The minister must issue an export permit allowing the export to take place only for the purpose of destroying the substance.

If the substance is listed in Annex III to the Rotterdam Convention:

The prior informed consent procedure will apply to the export and the minister will issue a permit for export if the destination party has consented to imports of the substance for the purpose of destruction. The permit may specify conditions on import required by the importing party.

The minister must not issue an export permit if the export does not comply with the prior informed consent procedure of the Rotterdam Convention (for example, the importing party does not consent to imports of the substance).

8.2.2 Exports of substances on part 2 or part 3 of the Export Control List which are also listed in Annex III of the Rotterdam Convention

All substances listed on part 2 of the Export Control List are listed in Annex III of the Rotterdam Convention, with the exception of “Mixtures that contain elemental mercury (CAS 7439-97-6) at a concentration of 95% or more by weight”. Substances listed on part 3 of the Export Control List may also be listed in Annex III of the Rotterdam Convention.

When an application is received for an export permit for a part 2 or part 3 substance that is also listed in Annex III of the Rotterdam Convention, the minister will confirm that the export complies with the prior informed consent procedure of the Rotterdam Convention (for example, the importing party has stated “consent” for imports of the substance) before issuing the permit. The permit may specify conditions on import required by the importing party.

The minister must not issue an export permit if the export does not comply with the prior informed consent procedure (for example, the importing party does not consent to imports of the substance).

8.2.3 Exports of substances on part 3 of the Export Control List that are not listed in Annex III of the Rotterdam Convention

Substances listed on part 3 of the Export Control List that are not listed in Annex III of the Rotterdam Convention are subject to a domestic restriction on their use and, in order to remain compliant with article 12 of this convention, the government of Canada must provide an export notification to the importing party.

An application for an export permit for a substance listed on part 3 of the Export Control List that is not listed in Annex III of the Rotterdam Convention provides the minister with the necessary information to notify the importing party.

8.3 Parties to the Rotterdam Convention

Several countries have ratified the Rotterdam Convention. For the purposes of the regulations, these countries are considered “Rotterdam parties”. The current list of participants is available through the Rotterdam Convention secretariat.

Table 7: substances listed on the Export Control List that are also listed in Annex III of the Rotterdam Conventiona,b
Substance name CAS registry number Export Control List Rotterdam convention category
Annex
Polybrominated biphenyls that have the molecular formula C12H(10-n)Brn in which "n" is greater than 2 - Part 1 Industrial
Polychlorinated terphenyls that have the molecular formula C18H(14-n)Cln in which "n" is greater than 2 - Part 1 Industrial
Phosphamidon (2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl phosphate) 13171-21-6 Part 1 Severely hazardous pesticide formulation
Toxaphene 8001-35-2 Part 1 Pesticide
Alpha-HCH 319-84-6 Part 1 Pesticide (listed as HCH (mixed isomers))
Beta-HCH 319-85-7 Part 1 Pesticide (listed as HCH (mixed isomers))
Azinphos-methyl 86-50-0 Part 1 Pesticide
2,4,5-T and its salts and esters - Part 2 Pesticide
Aldrin 309-00-2 Part 2 Pesticide
Captafol 2425-06-1 Part 2 Pesticide
Chlordane 57-74-9 Part 2 Pesticide
Chlordimeform 6164-98-3 Part 2 Pesticide
Chlorobenzilate 510-15-6 Part 2 Pesticide
DDT 50-29-3 Part 2 Pesticide
Dieldrin 60-57-1 Part 2 Pesticide
Dinoseb and its salts and esters - Part 2 Pesticide
1,2-dibromoethane (EDB) 106-93-4 Part 2 Pesticide
Fluoroacetamide 640-19-7 Part 2 Pesticide
Heptachlor 76-44-8 Part 2 Pesticide
Hexachlorobenzene 118-74-1 Part 2 Pesticide
Lindane 58-89-9 Part 2 Pesticide
Mercury compounds, including inorganic mercury compounds, alkyl mercury compounds and alkyloxyalkyl and aryl mercury compounds - Part 2 Pesticide
Pentachlorophenol and its salts and esters - Part 2 Pesticide
Monocrotophos 6923-22-4 Part 2 Pesticide
Methamidophos 10265-92-6 Part 2 Pesticide
Emulsifiable concentrates containing methyl parathion at or above 19.5% and dusts containing methyl parathion at or above 1.5% 298-00-0 Part 2 Severely hazardous pesticide formulation
Parathion 56-38-2 Part 2 Pesticide

The following types of asbestos:

  1. Actinolite
  2. Anthophyllite
  3. Amosite
  4. Crocidolite
  5. Tremolite
77536-66-4
77536-67-5
12172-73-5
12001-28-4
77536-68-6
Part 2 Industrial
Polychlorinated biphenyls (PCB) 1336-36-3 Part 2 Industrial
Tris (2,3-dibromopropyl) phosphate 126-72-7 Part 2 Industrial
Binapacryl 485-31-4 Part 2 Pesticide
Ethylene oxide 75-21-8 Part 2 Pesticide
1,2-Dichloroethane 107-06-2 Part 2 Pesticide
Dinitro-ortho-cresol (DNOC) and its salts 534-52-1
2980-64-5
5787-96-2
2312-76-7
Part 2 Pesticide
Dustable powder formulations containing a combination of benomyl at or above 7%, carbofuran at or above 10% and thiram at or above 15% 17804-35-2
1563-66-2
137-26-8
Part 2 Severely hazardous pesticide formulation

All tributyltin compounds including:

  1. Tributyltin oxide
  2. Tributyltin fluoride
  3. Tributyltin methacrylate
  4. Tributyltin benzoate
  5. Tributyltin chloride
  6. Tributyltin linoleate
  7. Tributyltin naphthenate
56-35-9
1983-10-4
2155-70-6
4342-36-3
1461-22-9
24124-25-2
85409-17-2
Part 2 Industrial, pesticide
Tetraethyl lead 78-00-2 Part 2 Industrial
Tetramethyl lead 75-74-1 Part 2 Industrial
Endosulfan 115-29-7 Part 2 Pesticide

Perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls including:

  1. Perfluorooctane sulfonic acid
  2. Potassium perfluorooctane sulfonate
  3. Lithium perfluorooctane sulfonate
  4. Ammonium perfluorooctane sulfonate
  5. Diethanolammonium perfluorooctane sulfonate
  6. Tetraethylammonium perfluorooctane sulfonate
  7. Didecyldimethylammonium perfluorooctane sulfonate
  8. N-Ethylperfluorooctane sulfonamide
  9. N-Methylperfluorooctane sulfonamide
  10. N-Ethyl-N-(2-hydroxyethyl) perfluorooctane sulfonamide
  11. N-(2-Hydroxyethyl)-N-methylperfluorooctane sulfonamide
  12. Perfluorooctane sulfonyl fluoride
1763-23-1
2795-39-3
29457-72-5
29081-56-9
70225-14-8
56773-42-3
251099-16-8
4151-50-2
31506-32-8
1691-99-2
24448-09-7
307-35-7
Part 2 Industrial

9. Minamata Convention

The Minamata Convention on Mercury is a global treaty to protect human health and the environment from the adverse effects of mercury.

“Mixtures that contain elemental mercury (CAS 7439-97-6) at a concentration of 95% or more by weight” are listed to part 2 of the Export Control List, which makes the export of these mixtures, as well as the export of mercury of high purity, subject to the regulations. These requirements allow Canada to comply with its export obligations under the Minamata Convention.

Section 23 of the regulations prohibits the export of these mixtures, with certain exceptions, provided in table 8.

For these exceptions, the exporter must also comply with the requirements regarding the notice of proposed export and determine the applicability of the conditions relative to the Rotterdam Convention.

Table 8 - exceptions listed under section 23 of the regulations
Exception Type of export allowed Examples
23(a) Hazardous waste or hazardous recyclable material, defined under the EIHWHRMRa Mercury and other waste and recyclable material regulated by the EIHWHRMRa
23(b) Laboratory uses, if the total quantity is less than 10 kg during the calendar year Sample exported for characterization; laboratory analytical standard
23(c) Manufactured items Certain lamps, such as straight or compact fluorescent lamps

a EIHWHRMR = Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

Report a problem or mistake on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, contact us.

Date modified: