2. CEPA, 1999

CEPA, 1999 expands the authority over exports and imports of hazardous waste in CEPA, 1988. It includes the authority to:

• implement prohibitions on exports, imports or transits when required to implement international agreements;
• establish separate definitions for wastes and recyclable materials;
• develop and implement criteria to ensure the environmentally sound management of transboundary movements of wastes or recyclable materials, and to refuse permits for import or export if criteria are not met;
• issue permits for activities that are different from the requirements set out in the regulations but that are of an "equivalent level of environmental safety"; and
• require the preparation of plans to reduce wastes destined for final disposal.

CEPA, 1999 also provides Environment Canada with new authority to control interprovincial/ territorial movements of hazardous wastes and hazardous recyclable materials (transferred from the Transportation of Dangerous Goods Act and Regulations) and to control the export and import of prescribed non-hazardous wastes destined for final disposal. Concurrent with the process to revise the EIHWR, Environment Canada will also be developing separate regulations to address these issues.

The EIHWHRMR will address each of the new CEPA, 1999 authorities, as well as introducing various changes to enhance the clarity of the regulations and the efficiency with which the export and import requirements can be administered and complied with. This will involve a complete review and overhaul of the current EIHWR over the course of the next two years.

A minor consequential amendment was made to EIHWR at the time of entry into force of CEPA, 1999 to roll over the regulations under the new authority and to include the definition of hazardous waste that had previously been in the Act. This roll over did not change the scope or effect of the regulations but was necessary to ensure its on-going operation by referring to the new Act rather than CEPA, 1988.

The current EIHWR also makes several references to the Transportation of Dangerous Goods Regulations (TDGR), especially with respect to waste classification and manifesting. The TDGR are currently undergoing a substantial revision that is expected to be in place in the next year or so. In addition, the transfer of waste classification and manifest from TDGR to the new CEPA interprovincial regulations will take place before the overhaul to the EIHWR is complete. Because of the timing of these other regulatory initiatives, consequential amendments are expected to ensure that the EIHWR allow the current manifest and waste classification requirements to remain in force until the major revision to EIHWR can be implemented.