Appendix A: Notice & Background Description

The Controls and Compliance Section of Environment Canada is undertaking an investigation of potential regulatory options concerning export from and import into Canada of prescribed non-hazardous waste destined for disposal. The assessment of regulatory options is to be done in consultation with public and private sector and non-governmental organization stakeholders. This project, to be carried out over the next six months, is intended to provide a comprehensive understanding of the issues and their inter-relationships including:

• the nature/extent of current and projected exports and imports of non-hazardous wastes destined for disposal (not recycling);
• Canada's international obligations as well as provincial legislative concerns relative to waste disposal and minimization;
• the definition of "prescribed" non-hazardous wastes;
• the successes and failures (operating history) of similar regulations already in-place for hazardous wastes; and
• other issues as raised by stakeholders.

Representatives from the public and private sectors and associated interest groups are encouraged to participate in the process. A mailing list is presently being developed through which you may receive project updates, news releases and, possibly, questionnaires. Further opportunities for participation will include stakeholder workshops planned for January 2000. A discussion paper will be drafted at the culmination of this project for further consultations with stakeholders.

This project is being conducted for Environment Canada by SNC-Lavalin and McCarthy Tétrault. Should you wish to be involved, please forward your coordinates (e-mail or fax preferred) to the address indicated below. You may also at this time (or at any time throughout the study) direct any comments, insights, etc. in a similar manner.

Your interest and participation in this process is highly appreciated.

SNC-Lavalin Engineers & Constructors
2200 Lake Shore Blvd. West
Toronto, Ontario
M8V 1A4

attn:

Jonathan Read, Project Manager
Phone: (416) 252-5311
Fax: (416) 231- 5356
E-mail: readj@snc-lavalin.com

The Basel Convention controls the transboundary movement of both hazardous wastes (Annex I and Annex VIII), and other wastes (Annex II). Canada implemented its obligations for hazardous wastes under the Basel Convention through the Export and Import of Hazardous Wastes Regulations made pursuant to the Canadian Environmental Protection Act, 1988 (CEPA).

Prior to Canada's ratification of the Basel Convention in August 1992, the Canada-United States Agreement on the Transboundary Movement of Hazardous Waste was amended to include controls of non-hazardous wastes destined for final disposal, to make it consistent with Article 11.2 of the Basel Convention. This amendment allowed Canada to continue to export and import non-hazardous wastes destined for final disposal with the United States, which is not a party to the Convention. At the time of the amendment, it was understood that once CEPA was renewed, regulations would be developed to control such shipments and allow Canada to fully meet its international obligations.

In 1995, the House of Commons Standing Committee established to review the Canadian Environmental Protection Act (CEPA) recommended that "CEPA be expanded to include the authority to implement Canada's commitment under the 1992 Amendment to the Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Waste to control the movement of non-hazardous solid waste to or from the United States" (Recommendation 84).

As a consequence, Bill C-32, which was tabled March 1998 in the House of Commons to revise CEPA, contains an authority to control the export and import of prescribed non-hazardous wastes destined for final disposal. This authority does not address exports and imports of non-hazardous wastes destined for recycling or recovery. Consistent with Canada's international obligations, the authority provides for:

• a requirement to notify the Minister of Environment of proposed imports, exports of non-hazardous wastes into or out of Canada destined for final disposal, or of transits through Canada or through another state;
• the ability of the Minister of Environment or the importing jurisdiction to refuse the shipment on environmental grounds; and
• a requirement to meet any other conditions contained in the regulation.

Environment Canada is undertaking an assessment of potential regulatory options concerning export from and import into Canada of prescribed non-hazardous wastes destined for final disposal, and will be issuing a discussion paper in April 2000 on this issue. The discussion paper is intended to provide a comprehensive understanding of the issues and their interrelationships including:

• the nature/extent of current and projected exports and imports of non-hazardous wastes;
• environmental problems associated with exports and imports of prescribed non-hazardous wastes destined for final disposal;
• experience with Environment Canada's pilot project on a voluntary notification and reporting system conducted in 1995;
• Canada's international obligations as well as provincial legislative concerns relative to waste disposal and minimization;
• the definition of "prescribed" non-hazardous wastes;
• the successes and failures (operating history) of similar regulations already in-place for hazardous wastes; and
• other issues raised by stakeholders.

Following the distribution of the discussion paper, Environment Canada will be conducting country-wide consultations with stakeholders from all levels of government, the private sector and non-governmental organizations in the second and third quarters of 2000.

Following this multi-stakeholder consultation, Environment Canada intends to circulate a policy paper which would outline its regulatory plan in early 2001, and to issue a first draft of the regulations in the second quarter of 2002. The regulations would only come into force upon publication in the Canada Gazette, Part II, which is expected in the fourth quarter of 2002.