Export of Substances on the Export Control List Regulations guidance document: chapter 6
6. Minamata Convention
On February 22, 2017, the Regulations Amending the Export of Substances on the Export Control List Regulations (the amending regulations) came into force following the Order amending schedule 3 to the Canadian Environmental Protection Act, 1999 which came into effect on January 11, 2017.
The order added “mixtures that contain elemental mercury (CAS 7439-97-6) at a concentration of 95% or more by weight” to part 2 of the Export Control List. This listing makes the export of these mixtures, including mercury of high purity, subject to the regulations.
Section 23 of the amended regulations allows export of these mixtures in the following cases:
- the mixture 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
- the mixture is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard, if the total quantity exported by the exporter during the calendar year in question does not exceed 10 kg or
- the mixture 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
Flowchart 1. Overview of conditions relative to the Stockholm Convention
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.
Long description for flowchart 1
This flowchart describes how to satisfy section 6 of the regulations which implements the conditions relative to the Stockholm Convention. Export of these are prohibited if they would contravene the Stockholm Convention.
Is the substance listed in Part 1 of the ECLFootnote 2?
Yes - Export only for destruction, or to comply with a direction issued by the Minister under subparagraph 99(b)(iii) of the actFootnote 4. Also section 6 of ESECLRFootnote 1 does not apply. However export must comply with sections 5 (notification) and 7 through 22 (Rotterdam ConventionFootnote 6)
No - Is the substance listed in Part 2 or Part 3 of ECLFootnote 2?
No - The regulations do not apply to this export
Yes - Is the substance listed in annex A or annex B of the Stockholm ConventionFootnote 5? (see Table 4)
No - Section 6 of ESECLRFootnote 1 does not apply. However export must comply with sections 5 (notification) and 7 through 22 (Rotterdam ConvetionFootnote 6)
Yes - Has Canada ratified the amendment adding the substance to annex A or annex B?
No - Export satisfies ss6(1). Export may proceed subject to sections 5 and 7 through 22 of ESECLRFootnote 1.
Yes - Is the export of a "hazardous waste" under EIHWHRMRFootnote 3?
Yes - Export satisfies ss6(3). Exporter must adhere to EIHWHRMRFootnote 3 and notify under section 5 of ESECLRFootnote 1.
No - Does the export satisfy: 6(2)(c) - disposal, or 6(2)(d) - lab use, or 6(2)(e) - trace amounts?
Yes - Export may proceed subject to sections 5 and 7 through 22 of ESECLRFootnote 1.
No - Is the substance contained in a product notified by Canada as an article in use? (see Table 3)
Yes - Export satisfies 6(2)(f). Export may proceed subject to section 5 of ESECLRFootnote 1.
No - Is the importing country a party to the Stockholm ConventionFootnote 5?
Yes- Is the export for an acceptabe use or specific exemption which has been claimed by the importing party? (see Table 1)
Yes - Export satisfies 6(2)(a)(i). Export may proceed subject to sections 5 and 7 through 22 of ESECLRFootnote 1.
No - Has the importing party ratified the amendment which added the substance to annex A or annex B of the Stockholm ConventionFootnote 5?
Yes - Export prohibited.
No - Refer back to this step in the process.
No - Does an "annual certification" exist for this substance between Canada and the importing country? (see Table 2)
Yes - Export may proceed subject to sections 5 and 7 through 22 of ESECLRFootnote 1.
No - Export prohibited.
Flowchart 2. Overview of conditions relative to the Rotterdam Convention
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.
Long description for flowchart 2
This flowchart describes sections 7 through 22 of the regulations which implement conditions relative to the Rotterdam Convention. It describes how exporters can determine whether their export is subject to all of these sections, or possibly exempt, and under which conditions they will need to apply for an export permit.
Is the importing country a party to the Rotterdam ConventionFootnote 6?
No - No export permit required under ESECLRFootnote 1.
Yes - Does the export meet any of the conditions of ss7(2)?
Yes - No export permit required under ESECLRFootnote 1.
No - Is the exported substance in Part 2 of Part 3 of the ECLFootnote 2 and being exported for a category of use other than that for which the substance is listed in annex III of the Rotterdam ConventionFootnote 6 (S8)? Example - a substance listed in annex III as a "pesticide" but the export will be used as an "industrial chemical".
Yes - No export permit required under ESECLRFootnote 1, but sections 20 through 22 apply to the export.
No - Is the exported substance in Part 1 of the ECLFootnote 2 and to comply with a direction issued by the Minister under subparagraph 99(b)(iii) of the actFootnote 4?
Yes - No export permit required under ESECLRFootnote 1, but sections 20 through 22 apply to the export.
No - Export permit is required. Exporter must apply for a permit. Is the substance in Part 1 of the ECLFootnote 2?
Yes - Export for destruction only.
No - Is the substance on annex III of the Rotterdam ConventionFootnote 6?
No - Export permit granted subject to section 16. Export must comply with sections 5 (notification), 6 (Stockholm ConventionFootnote 5), 19 (record retention), 20 (insurance), 21 (labelling), 22 (safety data sheet).
Yes - Does importing party consent?
No - Export permit denied. Export prohibited.
Yes - Export permit granted subject to section 16. Export must comply with sections 5 (notification), 6 (Stockholm ConventionFootnote 5 ), 19 (record retention), 20 (insurance), 21 (labelling), 22 (safety data sheet).