Appendix A - CEPA, 1999: Part 7 - Division 8

Sections Dealing with Control of Transboundary Movement of Hazardous Waste and Hazardous Recyclable Material2

185. (1) No person shall import, export or convey in transit a hazardous waste or hazardous recyclable material, or prescribed non-hazardous waste for final disposal, except

  1. after notifying the Minister and paying the prescribed fee;
  2. after receiving from the Minister whichever one of the following permits is applicable:
    1. an import permit or export permit that, except in the case of a permit issued under subsection (4), states that the authorities of the country of destination and, if applicable, of the country of transit have authorized the movement, and that the authorities of the jurisdiction of destination have authorized the final disposal or recycling of the waste or material, or
    2. a transit permit that states that the Minister has authorized the movement; and
  3. in accordance with the prescribed conditions.

(2) If the Minister is of the opinion that the waste or material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse, in accordance with the criteria set out in the regulations, to issue a permit even if the relevant authorities have given their authorization.

(3) Before refusing under subsection (2) to issue a permit to import, the Minister shall consult with the government of the jurisdiction of destination.

(4) Where the Minister is of the opinion that the waste or material will be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may issue a permit if the relevant authorities inform the Minister that they lack the legal authority to authorize the movement, final disposal or recycling but are not opposed to it.

186. (1) For the purpose of implementing international agreements respecting the environment, the Minister may, with the approval of the Governor in Council and taking into account Canada's international obligations, prohibit, completely or partially and under any conditions that may be prescribed, the import, export or transit of waste or material referred to in subsection 185(1).

(2) No person shall abandon any waste or material referred to in subsection 185(1) in the course of import, export or transit.

187. After the Minister receives a notification of the proposed import, export or transit of a waste or material referred to in paragraph 185(1)(a), the Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, the name or specifications of the waste or material and

  1. in the case of a proposed import, the name of the jurisdiction of origin and the name of the importer;
  2. in the case of a proposed export, the name of the jurisdiction of destination and the name of the exporter; and
  3. in the case of a proposed transit, the names of the jurisdictions of origin and of destination and the name of the conveyor.

188. (1) For the purpose of reducing or phasing out the export of hazardous waste or prescribed non-hazardous waste for final disposal, the Minister may require an exporter, or a class of exporters, of hazardous waste to

  1. submit to the Minister, at the same time as the notification referred to in paragraph 185(1)(a) and at any other prescribed time, a plan in accordance with the regulations; and
  2. implement that plan.

(2) Every person who is required to implement a plan under paragraph (1)(b) shall file with the Minister, within 30 days after the completion of each stage of the plan, a written declaration that the implementation has been completed.

(3) The Minister may refuse to issue a permit to an exporter who does not comply with subsection (1) or (2).

189. (1) No person shall undertake movement within Canada of hazardous waste or hazardous recyclable material otherwise than in accordance with this Division and the regulations and unless the person pays the prescribed fee.

(2) The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, information derived from documents received under regulations made for the purpose of this section.

190. (1) The Minister may issue a permit authorizing, subject to conditions fixed by the Minister, any activity to be conducted in a manner that does not comply with this Division if the Minister is satisfied that

  1. the manner in which the activity will be conducted provides a level of environmental safety at least equivalent to that provided by compliance with this Division; and
  2. in the case of the importation, exportation or transit of a waste or material referred to in subsection 185(1), the activity is consistent with international environmental agreements binding on Canada.

(2) The permit may authorize the activity in terms of the persons who may conduct the activity and in terms of the waste and material that it may involve.

(3) The Minister may revoke the permit if

  1. the Minister is of the opinion that paragraph (1)(a) or (b) no longer applies;
  2. the regulations have been amended and address the activity authorized by the permit; or
  3. the permit holder does not comply with the conditions of the permit.

(4) The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, a copy of each permit issued under this section.

191. The Governor in Council may, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Division, including regulations

  1. defining, for the purposes of this Division and Part 10, words and expressions used in this Division, and providing criteria, testing protocols and standards in relation to those definitions;
  2. respecting the notification referred to in paragraph 185(1)(a) and the procedure for applying for a permit under this Division;
  3. establishing criteria for the purpose of subsection 185(2) that take into account obligations arising from international agreements to which Canada is a party;
  4. for establishing a classification system for waste and material;
  5. respecting information and documents to be provided to the Minister;
  6. respecting conditions governing the import, export, transit and movement within Canada of waste and material;
  7. respecting plans referred to in subsection 188(1), taking into account
    1. the benefit of using the nearest appropriate disposal facility, and
    2. changes in the quantity of goods the production of which generates hazardous waste to be disposed of by an exporter or class of exporters; and
  8. prescribing anything that by this Division is to be prescribed.

192. The Minister may establish forms for the purposes of this Division.


2 For ease of reading, references to prescribed non-hazardous waste destined for final disposal and to interprovincial movements have been omitted from this text.

Page details

Date modified: