11. Improving Regulatory Efficiency

• Requirements for Carriers
• Completion of Shipments and the Obligation of Return
• Clarifying definitions
• Improving enforceability and facilitating compliance
• Paper burden

In addition to addressing new issues such as ESM criteria and waste reduction plans, the forthcoming revisions to the regulations provide a valuable opportunity to enhance the clarity and efficiency with which the export and import regime operates. This section briefly describes some of the many possible areas for revision.

At present there are considerable differences among the various provincial requirements for carriers. In addition, there has been a significant increase in the use of subcontractors in the road transport industry that has lead to some confusion among the regulated community as to which carriers need to be named in the notice. The revisions to the regulations will provide an opportunity to re-examine the requirements for carriers involved in transboundary movements.

The Basel Convention requires that any hazardous wastes or hazardous recyclable materials that are imported or exported but that cannot be treated as intended, be returned to the exporter unless alternative environmentally sound arrangements can be made with the approval of the appropriate authorities. This mechanism ensures that shipments do not become stranded.

The current EIHWR obliges exporters to require, through contractual arrangements, their foreign importers to notify Environment Canada after a shipment has been completed and after the treatment is complete. The EIHWR also require Canadian exporters to make alternative arrangements or ensure the return of the wastes or recyclable materials if a shipment is not completed as planned.

For imports into Canada, the current obligation is for the importer and exporter to take "all practicable measures" to help the country of export meet its obligations to take the return of the material or ensure an environmentally sound alternative. From a practical perspective, this entails informing Environment Canada of the decision to divert the hazardous waste or hazardous recyclable material to another facility in Canada or to return it to the country of export. However, the current EIHWR does not specifically set out how this notification is to occur for imports.

The revised regulations could seek to resolve these problems by:

• clarifying the obligation to notify Environment Canada of a shipment that is not completed or that cannot be treated as intended;
• clarifying the obligation to repatriate the waste or find an environmentally sound alternative treatment that is approved by the importing and exporting authorities; and
• establishing clear timelines within which treatment or disposal must be completed.

Because of the experience gained in implementing the current EIHWR, some changes will be required to clarify certain regulatory definitions. For example, the definition of who can be the exporter must be further clarified, particularly as it applies to a person who collects and bulks waste for export. Stakeholders are invited to identify definitions which they feel require further clarification.

In addition to all of the considerations and issues described above, the reform of the regulations will consider possible amendments to key components - such as notification requirements - to improve enforceability while minimizing the burden on the regulated community.

Just as governments will want to consider the potential administrative and enforcement impacts of any revisions, it will be essential to consider the costs of compliance with any new regulatory provisions and with the overall revised regime. In particular, the revised regulations may provide an opportunity to provide for improved forms, consolidating information requests, and, ultimately, electronic notification and manifesting.