Part 6: Miscellaneous Matters

• 36 Confirmation of Disposal or Recycling
• 37 Liability Insurance
• 38 Export Reduction Plans
• 39 Environmentally Sound Management
• 40 Consequential Amendment
• 41 Repeal
• 42 Coming into Force

36. (1) Within 30 days after the day on which the disposal of the hazardous waste or recycling of the hazardous recyclable material is completed, the exporter or importer must provide the Minister with a written, dated and signed confirmation indicating that the waste has been disposed of or the material has been recycled

1. in accordance with the export or import permit;
2. in a manner that protects the environment and human health against the adverse effects that may result from the waste or material; and
3. within the period referred to in paragraph 9(o) or 16(n).

(2) The exporter or importer must include the movement document reference number and line item number for the applicable hazardous waste or hazardous recyclable material referred to in subsection (1) in the confirmation.

(2) The exporter or importer must keep a copy of the confirmation at their principal place of business in Canada for a period of three years after the day on which it is submitted to the Minister.

37. (1) The liability insurance required by these Regulations must be in respect of

1. any damages to third parties for which the exporter, importer or authorized carrier is responsible; and
2. any costs imposed by law on the exporter, importer or authorized carrier to clean up the environment in respect of any hazardous waste or hazardous recyclable material that is released.

(2) The amount of liability insurance required in respect of each export or import of hazardous waste or hazardous recyclable material is

1. for exporters or importers, at least $5,000,000 for hazardous waste;
2. for exporters or importers, at least $1,000,000 for hazardous recyclable material; and
3. for authorized carriers, the amount required by the laws of the jurisdiction in which the hazardous waste or hazardous recyclable material is transported.

(3) The insurance must cover liability arising

1. in the case of an export from Canada, from the time the hazardous waste or hazardous recyclable material leaves the exporter's facility to the time an authorized facility, including an authorized facility in Canada if the waste or material is returned to Canada in accordance with section 34, accepts delivery of the waste for disposal or the material for recycling;
2. in the case of an import into Canada, from the time the hazardous waste or hazardous recyclable material enters Canada to the time an authorized facility in Canada accepts delivery of the waste or material, or to the time the waste or material leaves Canada for return to the country of export in accordance with section 35; or
3. if Canada is a country of transit, at any time during the transit through Canada.

38. (1) The plan referred to in subsection 188(1) of the Act must contain

1. the following information with respect to the hazardous waste to which the plan applies, namely,
   1. the International Waste Identification Code under OECD Decision C(94)152/Final, substituting the disposal code with the disposal code set out in column 1 of Schedule 1 to these Regulations for the applicable operation set out in column 2 of that Schedule and, if the hazardous waste is a gas, substituting the letter G for the letter L, P or S in the International Waste Identification Code,
   2. the applicable code set out in List A of Annex VIII to the Convention,
   3. the identification number set out in column 1 of Schedule 3, 4 or 7, and
   4. the following information set out in the applicable schedules to the Transportation of Dangerous Goods Regulations, namely,
      1. the applicable UN number set out in column 1 of Schedule 1 or column 5 of Schedule 3,
      2. the applicable class set out in column 3 of Schedule 1 or the primary class set out in column 4 of Schedule 3, and
      3. the applicable packing group and risk group set out in column 4 of Schedule 1;
2. the name, quantity and concentration of any persistent organic pollutant set out in column 2 of Schedule 10 that is contained in the hazardous waste referred to in the plan;
3. if the exporter generates the hazardous waste referred to in the plan, the name and a description of the process that generated the waste and the activity in which that process is used;
4. the origin of the hazardous waste if the exporter does not generate the waste referred to in the plan;
5. the quantity of hazardous waste exported at the start of the implementation of the plan and the quantity of export reduction to be achieved at each stage of the plan;
6. a description of the manner in which the exporter will reduce or phase out exports of the hazardous waste referred to in the plan;
7. the options considered for reducing or phasing out the export of the hazardous waste referred to in the plan, including options for disposing or recycling it in Canada;
8. the stages of the plan and a schedule for implementing the plan; and
9. for each stage of the plan, an estimate of the quantity of goods produced that generates the hazardous waste to which the plan applies and a description of the impact of any changes to the quantity produced on the reduction or phasing out of exports of that waste.

(2) A person who submits a plan to the Minister must keep a copy of the plan at their principal place of business in Canada for a period of five years after the day on which the plan is submitted.

39. If the Minister is of the opinion that the hazardous waste or hazardous recyclable material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may, in accordance with subsection 185(2) of the Act, refuse to issue a permit taking into account the following criteria:

1. the implementation of an environmental management system at the authorized facility that includes
   1. procedures for ensuring the protection of the environment and human health against the adverse effects that may result from the disposal of the hazardous waste or the recycling of the hazardous recyclable material including measures for monitoring the efficiency of the procedures and modifying them in the event that they do not protect the environment and human health,
   2. measures to monitor and ensure compliance with applicable laws with respect to the protection of the environment and human health, and
   3. a certification that the system includes those procedures and measures;
2. the implementation of a plan at the authorized facility to prevent, prepare for and respond to an uncontrolled, unplanned or accidental release of hazardous waste or hazardous recyclable material; and
3. the existence of prohibitions or conditions relating to the disposal of hazardous waste or the recycling of hazardous recyclable material in Canada or abroad.

40. Paragraph 2(2)(b) of the Export of Substances Under the Rotterdam Convention Regulations¹ is replaced by the following:

1. is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;

41. The Export and Import of Hazardous Wastes Regulations² are repealed.

42. These Regulations come into force on November 1, 2005.

¹ SOR/2002-317

² SOR/92-637