3. Exemptions
This part will designate certain wastes or recyclable that are not covered by these regulations.
These regulations will not apply to the transboundary movement of (when shipped among OECD countries) to:
- Wastes or recyclable materials that are:
- solids in quantities less than 5 kg per consignment; or
- liquids are samples in quantities less than 5 L per consignment
- Recyclable materials that are:
- solids, that are samples, in quantities less than 25 kg per consignment; or
- liquids, that are samples, in quantities less than 25 L per consignment.
The regulation will contain a mechanism to over-ride the exemptions in (a) and (b) for certain substances due to the high risk they pose, even in small quantities. This may be implemented as a "special provision" in the lists of hazardous wastes and recyclable materials, and will be harmonized with the Interprovincial Regulations.
The regulation will also retain the current EIHWR exemptions for the Department of National Defense to allow it to more easily import wastes that it generates during overseas operations, and for explosive materials and radioactive materials.
The proposed exemptions reflect an effort to harmonize with the proposed Interprovincial Regulations, while taking advantage of the OECD Decisions to provide increased flexibility for recyclable material:
- The proposed exemption (a) - 5 kg and 5 liter exemption- reflects the proposed Interprovincial Regulations and allows the return of empty containers with still have a residue of hazardous waste or recyclable material.
- The proposed exemption (b) - 25 kg and 25 liter exemption for recyclable - reflects changes to the OECD Council Decision C(92)39.
It is proposed to limit this exemption to shipments among OECD countries as even small quantities can be of concerned in developing countries. The proposed exemptions for explosives and radioactive materials are the same as the exemptions in the existing regulations and in the proposed Interprovincial Regulations. These materials are regulated under other regulations.