Part 4

Documentation

4.1 For the purposes of this Part to these regulations
"complete" means, in the case of the generator, the need to include a registration number in Part A

"copy" means in paper or electronic format

"send" means by hand delivery, registered mail, facsimile or by electronic data exchange by means of a system compatible with that used by Environment Canada.

"sign" means actual signature applied to a paper copy or an electronic signature.

4.2 (1) When hazardous waste or hazardous recyclable material is in a quantity subject to these Regulations and is to be moved from one province to another for any of the disposal operations or recycling operations set out in Schedule 1, the movement within Canada of that hazardous waste or hazardous recyclable material must be documented using an "Environmental Control Document" in the form as set out in Schedule 5.

Ensures that everything identified as being either a hazardous waste or a hazardous recyclable material must be documented from site of generation to disposal or recycling site. The phrase "in a quantity subject..." links to Part II where certain quantities have already been excluded and thus the meaning of this subsection is for all quantities above those.

It is proposed to introduce a new name for the redesigned manifest shown and discussed during the stakeholder workshops. The manifest tracking document would be an "Environmental Control Document". The actual information and layout/design is very similar to the current "waste manifest". Some changes have been proposed and will be explained later. This proposal is being made to answer, in part, some of the problems associated with the perceived stigma with the "waste manifest" especially for recycling companies that were discussed at length at the workshops. Use of the phrase "in the form as set out in" is intended to permit copies of the form to be created by a variety of means , including electronically.
This new name for the waste manifest is suggested to present an opportunity to reflect the actual purpose of the document and to make the document readily suitable for use with movements of hazardous waste or movements for hazardous recyclable materials. There was general agreement amongst workshop attendees and CCME members that for certain hazardous waste and hazardous recyclable materials, regulatory oversight of the movement was necessary and the new document reflects that purpose.
This new document would use shipping names as required already for the same transport/movement by TDG Regulations when the hazardous waste or hazardous recyclable material are dangerous goods. With the addition of the added check box, the need to preface a shipping name with any qualifier (i.e., waste... or recyclable...) would be removed. There remains, however, the need for the generator to identify the type of operation at the destination site.

(2) Every Environmental Control Document completed in accordance with this Part, shall have a unique reference number assigned by Environment Canada and shall have all information legibly and indelibly printed on all copies.

4.3 (1) Before any interprovincial movement of a quantity of hazardous waste or hazardous recyclable material, as the case may be, is undertaken, the generator.

must complete, sign and date Part A of an Environmental Control Document listing the quantity of each hazardous waste or hazardous recyclable material as precisely as possible that is intended to be moved in one "means of transport"(as per TDGA, 1992);
must deliver or cause to be delivered to the initial "authorized" carrier designated to transport the hazardous waste or hazardous recyclable material the Environmental Control Document referred to in Paragraph (a);and
must send a copy after Part A and Part B are completed to Environment Canada

Describes the generator responsibilities i.e., to ensure that Part A which, fully describes the generators identity and site location, fully describes the hazardous waste or hazardous recyclable material, designates the intended receiver and the intended D or R operation is completed by the generator. This does not preclude someone , on behalf of the generator actually completing the document but does maintain the responsibility for accuracy with the generator through requiring a signature.

Links a quantity to one "means of transport" which will continue the intent that every means of transport containing HW or HRM must have a document describing its contents. Covers the situation whether more than one generator contributes to the same means of transport as each must document their contribution separately. Ensures that the generator gets the selected carrier to complete and sign Part B -Carrier before any movement takes place. The generator must send a copy to Environment Canada (i.e., initiate the regulatory verification process of the transaction). Environment Canada will manage all such documents under these Regulations. The use of the word "copy" permits transmission by electronic means

(2) Before a designated carrier accepts for a transport a quantity of hazardous waste or hazardous recyclable material referred to in Part A of the Environmental Control Document, the carrier shall ensure that Part A is complete and signed by the generator and shall complete and sign Part B.

(3) When a designated carrier completes the transport within Canada of the hazardous waste or hazardous recyclable material and delivers the hazardous waste or hazardous recyclable material to the intended receiver identified by the generator in Part A of the Environmental Control Document, he shall ensure that the Environmental Control Document is delivered to the receiver.

4) The intended receiver, upon acceptance of the hazardous waste or hazardous recyclable material shall

complete and sign Part C of the Environmental Control Document;
send a completed and signed copy to Environment Canada; and
send a completed and signed copy to the carrier and the generator.

(5) Each generator and receiver shall send the copies as required of the Environmental Control Document within 3 business days.

(6) Each generator, carrier and receiver shall retain their copies for two years.

4.4 A movement within Canada of hazardous recyclable material may be undertaken without completing an Environmental Control Document if

the competent government authority in the province of origin and the province of destination have alternate environmental control mechanisms in place ; or
a permit of equivalent environmental safety referred to in Part V has been issued for the hazardous recyclable material.

4.5 (1) Where more than one generator contributes any quantity to the total of hazardous waste or hazardous recyclable material on a means of transport operated by a designated carrier;

the conditions in section 4.3 may be followed or
the carrier or receiver shall complete the Part A of the Environmental Control Document with the description of the hazardous waste or hazardous recyclable material, including the words "multiple generators" and attach to the Environmental Control Document a list containing the required information to meet the requirements for a shipping document as set out in section 3.5 of Part 3 of the Transportation of Dangerous Goods Regulations, and signed by each generator when each quantity of hazardous waste or hazardous recyclable material is added to the means of transport;
the carrier ensures that a receipt or invoice is presented to the generator at the time the hazardous waste or hazardous recyclable material is transferred to the possession of the carrier, and that the receipt meets the requirements for a shipping document as set out in section 3.5 of Part 3 of the Transportation of Dangerous Goods Regulations; and
the unique Environmental Control Document number shall be included on the attachment(s) and invoices or receipts.

Agreed at the workshops that multiple pick-up type attachment was desirable. This provides some relaxation in the extent of the documentation obligations for smaller generators and for regulatory agencies as well. This mechanism is optional and the objective is to have one reference Environmental Control Document supplied by the carrier or receiver, completed by the carrier or receiver in Part A with information regarding the type of hazardous waste or hazardous recyclable materials intended to be picked up from more than one generator.

This would allow multiple pick-ups without the necessity of an ECD for each and every generator site, when the HW/HRM, receiver and carrier are all the same. The words "multiple generators" triggers understanding that this document is permitted under special circumstances and permitted to be completed in this fashion if it has attached the proper attachment. The attachment, provides an alternate mechanism for generators to provide their identity and site identity information instead of each completing a separate Part A. The combination of "one Part A, describing one HW or HRM", the words "multiple generators" linking to their identities in the attachment and the carrier fulfilling the normal Part B obligations equals a complete Environmental Control Document transaction accomplished in an alternate way. There is also the requirement that in the case where the HW/HRM are also dangerous goods, the receipt or invoice provided to the generator meets the TDGR shipping document requirements.

2) Subsection (1) is only permitted in cases where each generator contributes the same hazardous waste or hazardous recyclable material to the means of transport.

(3) Despite subsections (1) and (2), a means of transport may contain hazardous waste or hazardous recyclable material that is not part of the quantity documented in the multiple generators attachment.

4.6 (1) Where more than one carrier is to be used to complete the interprovincial movement within Canada of a means of transport containing hazardous waste or hazardous recyclable material, the initial carrier shall attach a copy of Attachment No.1 in the form as set out in Schedule 5 to the Environmental Control Document at the time that he completes, signs and dates Part B of the Environmental Control Document in accordance with subsection 4.2(2).

(2) When a subsequent carrier accepts the quantity of hazardous waste or hazardous recyclable material referred to in subsection (1) for transport, each subsequent carrier shall complete the information in Attachment No.1 and shall ensure that the Environmental Control Document together with the completed Attachment No.1 accompanies the hazardous waste or hazardous recyclable material to every other carrier, if required, or to the intended receiver designated in Part A of the Environmental Control Document.

4.7 (1) A copy of the Environmental Control Document that will also be used as a shipping document in accordance with the Transportation of Dangerous Goods Regulations must remain with the means of transport at all times that it contains hazardous waste or hazardous recyclable material and until such time as the means of transport is empty, cleaned or purged of all residues of hazardous waste or hazardous recyclable material.

(2) Despite subsection (1), an additional copy of the completed environmental control document with the words "residue" or "residue last contained" added as appropriate, may be used after the means of transport containing the hazardous waste or hazardous recyclable material has been unloaded at the designated receiver's location.

4.8 Where the hazardous waste or hazardous recyclable material is contained in a means of transport that is to be transported by rail, the Environmental Control Document with the means of transport may be substituted by a train manifest or consist if the information required by the Environmental Control Document is included in the train manifest or consist and the Environmental Control Document set out in Schedule 5 is forwarded to a subsequent carrier if required or the intended receiver for completion in accordance with these regulations.

The changes regarding electronic creation/ transmission of the Environmental Control Document will remove one of the greatest burdens for the rail transporter. The new provisions will permit the rail industry to create their "train" documents just as they do for quantities of dangerous goods, including reproducing shipper/generator information onto one continuous document representing all quantities. Stating in these Regulations that they may forward the actual Environmental Control Document with Part A and B completed through to the receiving site without specifying the means also permits options. Just as with other special cases the text herein is to provide an alternative to the general rule and one that achieve the same goal. In this case of course, that is, to have every party involved in a movement of a quantity of HW or HRM identify themselves as playing a certain part and each verifying that they have transferred the quantity intact to the next participating party.

4.9 An Environmental Control Document completed in accordance with these Regulations shall/may constitute a "shipping document" in accordance with the Transportation of Dangerous Goods Regulations.

4.10 During the interprovincial movement of hazardous waste or hazardous recyclable material where the Environmental Control Document also constitutes a "shipping document" the Environmental Control Document shall be subject to the requirements of the Transportation of Dangerous Goods Regulations for "location of a shipping document during transport".

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Date modified:: 2013-06-14

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Part 4

Page details

This historical page is being kept for research or referencepurposes and will not be updated.

This historical page is being kept for research or referencepurposes and will not be updated.

Part 4

Page details

This historical page is being kept for research or reference
purposes and will not be updated.

This historical page is being kept for research or reference
purposes and will not be updated.