1.0 Introduction

• 1.1 Stakeholder Consultations
  • 1.1.1 Objectives
• 1.2 This Discussion Document

The Canadian Environmental Protection Act, 1999 (CEPA 1999) was proclaimed in September 1999 and enacted in March 2000, replacing its predecessor, CEPA 1988. One of the authorities introduced in the new Act allows the Government of Canada to ensure that no "prescribed non-hazardous waste for final disposal" (referred to as non-hazardous waste) is exported from, imported into, or conveyed in transit through Canada without the appropriate permit. Section 3.3 introduces a proposed definition for non-hazardous waste and appendix B provides a listing of final disposal operations.

Environment Canada will be drafting proposed regulatory provisions for the export and import of non-hazardous waste (hereafter referred to as the "regulatory provisions"). When put into force, they will serve as the mechanism through which the authority of CEPA 1999 will be applied, and from which Environment Canada may issue permits for the movement of such waste. The regulatory provisions are intended to protect Canada's environment and the health of Canadians from risks posed by unregulated traffic in non-hazardous waste and to ensure that this waste is handled in an environmentally sound manner. Exports, imports, and transits of non-hazardous waste destined for recycling or recovery operations are not targeted by these proposed regulatory provisions.

The proposed regulatory provisions would require exporters and importers of non-hazardous waste, and persons conveying that waste in transit to provide formal written notice to Environment Canada of all proposed movements. Among other things, this notice would identify the exporter, importer, or person conveying non-hazardous waste in transit, and the transportation modes, disposal methods, carriers, and facilities to be used. Environment Canada would then review the notice to determine whether or not to issue a permit for the proposed activities after receiving consent from the authorities of the country of destination for exports, the province or territory of destination for imports or the country of transit.

The proposed regulatory provisions build on Environment Canada's domestic and international experience regulating transboundary movements of hazardous waste since 1992, as Canada's legislative framework and international obligations for hazardous and non-hazardous waste are similar.

As part of its effort to develop regulations that will effectively achieve their objectives, Environment Canada will review options to later implement the proposed regulatory provisions for non-hazardous waste as a part of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations. The proposed provision for non-hazardous waste would be implemented as a subsequent amendment to these regulations. This will enable hazardous and non-hazardous waste to be controlled in a harmonized manner, with a clarity of purpose and implementation reflective of the intrinsic nature of each waste stream and its associated risks.

This consultation document, prepared by Environment Canada, contains an abridged description of the objectives, structure, and content of the proposed regulatory provisions, as well as the operational procedures to be followed once they are put into place. Many of the ideas this document puts forward reflect input from multi-stakeholder consultations that have taken place on the subject over the past four years (see section 1.1 and appendix A for more information).

This document is intended to stimulate discussion and give stakeholders a final opportunity to provide written input on the proposed regulatory provisions before they are published in the Canada Gazette, Part I. Readers are asked to review the document carefully--in particular, the regulatory provisions proposed in section 3.3-- and provide their feedback in written format, as detailed in section 1.2.

Environment Canada is committed to ensuring that all initiatives aimed at developing regulatory provisions include a process of meaningful and effective consultation with stakeholders. In keeping with this commitment, the Department has held several multi-stakeholder consultations-including national consultations in 2000 and 2001, and a regional consultation in Quebec in 2001. Since then, several multi-stakeholder focus meetings have also been held on proposed approaches to dealing with exports and imports of non-hazardous waste.

A wide variety of subjects were discussed during these meetings, and numerous comments, questions, and suggestions have been received from stakeholders. These consultations were held to improve understanding of the potential impacts of the proposed regulatory provisions on the regulated community and stakeholders at large (see appendix A). Comments, suggestions, and other input received during consultations have been considered fully in developing the regulatory provisions proposed in this consultation document.

The purpose of the current consultations is to invite all stakeholders to provide their comments on the proposed regulatory provisions, raise awareness of their concerns, and contribute to the development of recommendations that are based on a common understanding of the environmental benefits to be achieved through these provisions.

The creation and implementation of these regulatory provisions would entail direct costs to both the regulated community and government. They could also result in benefits to the economy by attracting knowledge-based investments, such as material recovery and organic separation/composting, as well as enhancing Canada's performance in the area of non-hazardous waste-material innovations.

These consultations are therefore intended to ensure that the proposed regulatory provisions are as effective and straightforward as possible, and that protection of the environment and human health is not compromised. A related objective is for the proposed regulatory provisions to support other waste-related government policies and international obligations.

The consultation process aims to

• encourage input into the development of the proposed regulatory provisions from a broad spectrum of Canadians;
• ensure that all interested stakeholders are informed of the proposed regulatory provisions and the suggestions of other stakeholders;
• provide equal opportunity to all interested stakeholders to offer suggestions, discuss, and comment on the development of the proposed regulatory provisions;
• identify areas where stakeholders have views that are in agreement with what is proposed as well as differing views;
• ensure that Environment Canada representatives address and respond clearly to any stakeholder comments on the proposed regulatory provisions; and
• increase the acceptance of the proposed regulatory provisions by continuing to involve stakeholders in the process.

Although the main focus of these consultations is on developing the provisions themselves, some of the issues discussed have also touched on how they would be implemented (e.g., administrative practices and policy interpretations).

Environment Canada has prepared this consultation document to inform stakeholders of the key elements of its proposed regulatory provisions for the export and import of non-hazardous waste. Its purpose is to provide focus and guidance to the consultation process.

In soliciting final input from stakeholders, Environment Canada has posted a copy of this discussion paper on the CEPA Environmental Registry Web site and distributed it by e-mail and regular mail to all known Canadian stakeholders, including representatives from other federal departments; provincial, territorial, and municipal governments; industry; environmental groups; and public advocacy groups.

Environment Canada will review all written responses received prior to drafting and publishing the proposed regulatory provisions in the Canada Gazette, Part I, and will take them into full account in drafting the legal text for the proposed regulatory provisions. Environment Canada welcomes the addition of contacts who were not previously involved in the stakeholder consultations, and the distribution of this document to other potential stakeholders.

The next opportunity for stakeholders to comment on the proposed regulatory provisions will be following the publication of the provisions in the Canada Gazette, Part I. Please send your comments on this consultation document in writing to either of the following addresses: