1. Introduction

Global recognition in the 1980's of the dangers posed by the uncontrolled transboundary movements of hazardous wastes and hazardous recyclable materials led to the development several international agreements in this area. Recognizing the challenge of monitoring movements across international boundaries, the core of these agreements is a requirement for prior informed consent of the importing jurisdiction and tracking of transboundary movements from their origin until final disposal or recycling. The control of imports and exports of hazardous wastes and hazardous recyclable materials is one of Environment Canada's important responsibilities to ensure protection of the environment and human health and meet Canada's international obligations.

The Government of Canada adopted the Export and Import of Hazardous Wastes Regulations (EIHWR) in 1992 under the authority of the former Canadian Environmental Protection Act, 1988 (CEPA, 1988) and now under the new Canadian Environmental Protection Act, 1999 (CEPA, 1999). The EIHWR are intended to protect Canada's environment from the risks posed by unregulated traffic in hazardous wastes and to implement Canada's international obligations to protect the environment of other countries from uncontrolled hazardous waste exports from Canada. These obligations stem from three different international agreements:

• the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989;
• the OECD Decision of Council concerning the control of transfrontier movements of wastes destined for recovery operations, C(92)39/Final, March 1992; and
• the Canada-United States Agreement Concerning the Transboundary Movement of Hazardous Wastes, 1986 (as amended in 1992).

Since 1992, various changes have occurred. The international regimes regulating the import and export of hazardous wastes have evolved. The volume of hazardous wastes crossing Canada's border has increased over the years, particularly in the last two years where there have been increases in imports destined for final disposal. CEPA, 1999, in force since April 2000, provides enhanced authority to control the export and import of hazardous waste and hazardous recyclable materials. In addition, government and industry have gained significant experience in the administration and enforcement of the regulations. This experience has highlighted areas where the efficiency and effectiveness of the regulations can be improved, and where new technologies can be employed to assist in achieving this goal. These developments, along with a normal requirement to periodically review the operation of government regulations, have led to the initiation of an anticipated three-year process to amend and renew the EIHWR.

Given the decoupling of the definitions of waste and recyclable materials under CEPA, 1999, these new regulations will become the Export and Import of Hazardous Wastes and Hazardous Recyclable Materials Regulations (EIHWHRMR).