8. Permits of Equivalent Level of Environmental Safety

This part will elaborate the basis for issuing permits of equivalent level of environmental safety (PELES), as provided for under s. 190 of CEPA, 1999. Environment Canada proposes essentially the same PELES regime as it has proposed for the Interprovincial Regulations.

• It is proposed to use the same type of PELES provisions as in the Interprovincial Regulations. However, full compliance with international obligations will be a primary consideration.
• It will be important to ensure that these provisions provide public access to the application (equivalent to the public access described above for the conditional exclusion protocol).
• A detailed manual will be developed on the application process and to provide some further guidance on the types of activities that may be considered.

Section 190 of CEPA 1999 authorizes the Minister to issue permits for the equivalent level of environmental safety. A PELES would allow for variances from the regulations. The Minister will issue a PELES only if satisfied, on a case-by-case basis, that the management option proposed provides the same level of protection for the environment and human health as afforded under the regulations themselves. Under these regulations, compliance with Canada's international obligations will be required for any PELES issued.

The above provisions stipulate the type of information an applicant for a PELES will be required to submit to demonstrate an equivalent level of environmental safety. The type of variance requested would need to be made clear in this type of application. In support of the variance, a full description and characterization of the waste or recyclable material would be required as well as the proposed management throughout the transboundary movement and the type of D or R operation to which it would be subjected. An application for a PELES therefore would need to include information such as:

• Address and contact information of the applicant.
• Where a person applies on behalf of the applicant (e.g. an association on behalf of a group of companies), the contact information for the person identified in the documents that will accompany the permit.
• A description of the hazardous waste or hazardous recyclable material.
• The requirements of these Regulations that the applicant proposes not to comply with.
• A detailed description of the proposal for the permit, including:
  
  
  1. the length of time or schedule of activities for which the permit is requested;
  2. the manner in which the applicant will manage the hazardous waste/recyclable material;
  3. an explanation of how the proposed management will ensure a level of safety at least equivalent to that achieved by complying with the Regulations, and
• test results, and any other information necessary to support the proposal.