1. Introduction

This discussion paper is in support of an initiative from the Transboundary Movement Division of Environment Canada for the Development of Regulatory Options for the Export and Import of Prescribed Non-Hazardous Wastes Destined for Final Disposal. This document has been prepared by SNC-Lavalin Engineers & Constructors and the law firm of McCarthy Tétrault. It should be noted that there is no intention to regulate the export and import of non-hazardous recyclable materials.

A wide range of hazardous and non-hazardous wastes currently move between many countries, including Canada. The main destination for such materials exported from Canada is the United States, although Asia and to a lesser extent Europe and Mexico are also involved. Material imports are further understood to be primarily received from the United States.

It is the intention of the federal government to establish a regulatory framework for the transboundary movement of prescribed non-hazardous wastes (NHW) destined for final disposal. Several regulatory and policy developments form the basis for this initiative. As discussed in Section 3 of this paper, international obligations have, for example, been set in place by the Basel Convention as well as by associated actions of the OECD. Supportive amendments to the Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Waste have also been made and most recently amendments to the Canadian Environmental Protection Act (CEPA) have set the Canadian legislative foundation for this initiative.

This discussion paper actually represents the commencement of the third step in the development of these regulations. In 1994/5, an interim voluntary notification system was established by Environment Canada to gain insight into issues related to NHW transboundary movements. This was followed by the completion of supportive amendments to CEPA, as noted above.

Section 2 of this report outlines the notification/consultation activities associated with this project. Section 3 discusses the relevant background regulatory environment and Section 4 reviews associated studies/initiatives previously undertaken on the subject of transboundary movements. Section 5 presents a current analysis of NHW exports and imports. Section 6 discusses certain key definitional issues with the proposed regulations and Section 7 reviews options related to prior informed consent and tracking/manifest procedures. This document concludes with an overview of potential regulatory management options in Section 8.

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