3.0 Proposed Regulatory Provisions

• 3.1 Purpose
• 3.2 Context
  • 3.2.1 Scope of CEPA 1999
• 3.3 Specific Aspects and Obligations
  • 3.3.1 Non-Hazardous Waste Subject to Regulatory Provisions
  • 3.3.2 Notification and Conditions of Export, Import, and Transit
  • 3.3.3 Information Requirements of Notice
  • 3.3.4 Submission and Review Process
  • 3.3.5 Conditions for Export, Import, and Transit
  • 3.3.6 Mechanisms for Tracking
    • 3.3.6.1 Canada-USA Movements
    • 3.3.6.2 Canada-Basel Party Movements
• 3.4 Other Proposed Regulatory Provisions
  • 3.4.1 Liability Insurance
  • 3.4.2 Export Reduction Plans
  • 3.4.3 Environmentally Sound Management

The purpose of the proposed regulatory provisions for the export, import and transit of non-hazardous waste is to

• implement the authorities of CEPA 1999 for the control of transboundary movements of non-hazardous waste, including a regime for notification, prior informed consent, permitting, reporting, and tracking of shipments to protect the environment and human health; and
• enable Canada to implement the terms of the Basel Convention and the Canada-USA Agreement with respect to transboundary movements of non-hazardous waste.

It is proposed that the regulatory provisions contain the following elements:

1. A definition of non-hazardous waste common to the Basel Convention and the Canada-USA Agreement
2. A notification and permitting mechanism through which the receiving country agrees in advance to any shipments
3. Conditions governing who may export, import or convey in transit
4. The requirement that non-hazardous waste be disposed of only at authorized facilities
5. Requirements for reporting of all transboundary movements of non- hazardous waste from the facilities of origin to the final destinations
   1. for movements between Canada and the USA, through annual reporting following the disposal of the wastes; and
   2. for movements between Canada and Basel countries, through a movement document
6. Specific time periods for completing the disposal of non-hazardous waste once it has been accepted at an authorized facility
7. Requirements for contracts between importers and foreign exporters, and between exporters and foreign importers
8. Requirements for liability insurance and the extent of coverage required
9. When a shipment is not accepted at the intended facility in the country of import, the obligation of the exporter to dispose of the non-hazardous waste at another authorized facility in the country of import or to arrange for the return of the waste to the facility from which it was shipped
10. The requirement that imports, exports, and transits of non-hazardous waste are permitted only with parties to either the Basel Convention or the Canada-USA Agreement
11. Prohibitions on exports of non-hazardous waste to Antarctica and other countries that prohibit their import
12. The requirement for written confirmation of disposal when the disposal is complete

The proposed regulatory provisions would be made under CEPA 1999, which introduced provisions allowing the Minister of the Environment to recommend regulations for the export, import, and transit of non-hazardous waste. These provisions also allow Canada to meet its international obligations regarding the control of movements of non-hazardous waste.

Section 185 of CEPA 1999 addresses notification and permitting obligations as follows:

(1) No person shall import, export, or convey in transit a hazardous waste or hazardous recyclable material, or prescribed non-hazardous waste for final disposal, except

1. after notifying the Minister and paying the prescribed fee;
2. after receiving from the Minister whichever one of the following permits is applicable:
   1. an import permit or export permit that, except in the case of a permit issued under subsection (4), states that the authorities of the country of destination and, if applicable, of the country of transit have authorized the movement, and that the authorities of the jurisdiction of destination have authorized the final disposal or recycling of the waste or material, or
   2. a transit permit that states that the Minister has authorized the movement; and
3. in accordance with the prescribed conditions.

Section 186 of CEPA 1999 allows the Minister to prohibit the import, export, and transit of waste:

(1) For the purpose of implementing international agreements respecting the environment, the Minister may, with the approval of the Governor in Council and taking into account Canada's international obligations, prohibit, completely or partially and under any conditions that may be prescribed, the import, export or transit of waste or material referred to in subsection 185(1).

Prohibition of abandonment

(2) No person shall abandon any waste or material referred to in subsection 185(1) in the course of import, export or transit.

Section 187 of CEPA 1999 requires the Minister to publish information on proposed imports, exports, and transits.

Section 190 of CEPA 1999 allows the Minister to issue permits based on equivalent environmental-safety levels for any waste import, export, or transit activity that does not comply with the Act or its regulations.

Section 191 of CEPA 1999 gives the Governor in Council, on the recommendation of the Minister, the authority to create regulations for the purpose of carrying out the foregoing provisions (e.g., requirements for information to be contained in notices, waste and material classifications). It is this authority that forms the basis of the regulatory initiative that is the subject of this consultation document. In addition, Section 192 gives the Minister the authority to establish forms for the purpose of gathering and submitting information.

Environment Canada proposes the following key items regarding the regulatory provisions for exports, imports, and transits of non-hazardous waste. These items incorporate comments already received through stakeholder consultations. The proposed regulatory provisions will be finalized after Environment Canada receives feedback on this consultation document and any other suggestions brought forward for consideration.

It is proposed that non-hazardous waste be defined as waste that is not hazardous, that is derived from municipal, residential, industrial, commercial or institutional sources, and that is destined for a final disposal operation listed in appendix B. It also includes incinerator ash derived from the incineration of non-hazardous waste.

It is proposed that non-hazardous waste would include

• solid non-hazardous waste from residences (e.g., single family, multiple-residential);
• solid non-hazardous waste from industrial, commercial, or institutional facilities (e.g., cafeterias, offices) that is similar in nature to residential waste;
• solid non-hazardous waste from municipal litter bins located in public spaces (e.g., parks, zoos, bus shelters, and transit stops) that is similar in nature to residential waste;
• residues from the incineration of municipal solid waste; and
• residues from waste-diversion operations (e.g., material recovery facility, composting).

Non-hazardous waste would not include

• waste from industrial processes (e.g., sawdust from a mill, textile trimmings from a factory);
• waste entirely composed of construction and/or demolition waste (e.g., lumber, drywall, masonry such as brick and concrete);
• sanitary sewer-treatment plant sludge; or
• waste that exhibits hazardous characteristics (e.g., flammable, poisonous, infectious, corrosive, toxic, or biomedical waste).

Notification and conditions of export, import, and transit are the central elements of the proposed regulatory provisions. They would require any person who proposes to export, import, or convey in transit non-hazardous waste to submit to Environment Canada a notice covering a period of up to 12 months and a non-hazardous waste intended for final disposal. Notices of proposed movements could cover multiple shipments of non-hazardous waste from one particular site to another particular site.

This process allows for the review of the notice by the Canadian and foreign competent authority (and the provincial and territorial governments, in the case of imports) to ensure that the proposed movements are consistent with regulatory requirements. The prior informed consent of the competent authority in the receiving jurisdiction would be needed for Environment Canada to issue a permit for movements of non-hazardous waste.

Notification and Conditions of Export, Import, and Transit

Notification would require the person proposing to export, import, or convey the non-hazardous waste in transit to

• complete and submit a notice to Environment Canada in advance of the first proposed movement;
• await a permit from Environment Canada for the proposed movements prior to initiating shipments of non-hazardous waste; and
• ship non-hazardous waste only in accordance with the conditions for the approved movements.

Permits could be issued for a period of up to 12 months.

It is proposed that the information requirements of the notice of export, import or transit include but not be limited to the following:

Exports from Canada

1. The reference number provided by Environment Canada to the person proposing to export waste
2. The name, addresses (civic, mailing, and electronic), registration number, and telephone and facsimile numbers of the contact for the
   1. Canadian exporter;
   2. foreign importer;
   3. Canadian site from which the non-hazardous waste is being shipped;
   4. authorized carriers (as authorized by the appropriate jurisdiction); and
   5. authorized foreign receiving facility or site (as authorized by the appropriate jurisdiction)
3. The proposed dates of the first and last export
4. The modes of transport to be used
5. The estimated number of shipments involved
6. The following information on each non-hazardous waste:
   1. the type and source (e.g., solid non-hazardous waste or ash from solid non-hazardous waste and municipality of origin);
   2. the total quantity estimated to be shipped over the notice period, in kilograms or litres; and
   3. the applicable disposal code (see appendix B)
7. The ports of exit through which the exports will take place
8. The names of the insurance companies involved and the relevant policy numbers
9. Any countries of transit and the length of time the non-hazardous waste will be in each
10. A statement, signed and dated by the Canadian exporter, indicating that
    1. a contract is in force¹;
    2. an insurance policy covers the period required;
    3. the exporter will implement alternative arrangements if the non- hazardous waste cannot be disposed of in accordance with the export permit, or will return the non-hazardous waste to the Canadian facility from which it originated; and
    4. the information in the notice is complete and correct

Imports to Canada

1. The reference number provided by Environment Canada to the person proposing to import waste
2. The name, addresses (civic, mailing, and electronic), registration number, and telephone and facsimile numbers of the contact for the
   1. Canadian importer;
   2. foreign exporter;
   3. foreign site from which the non-hazardous waste is being shipped;
   4. authorized carriers (as authorized by the appropriate jurisdiction); and
   5. authorized Canadian receiving facility or site (as authorized by the appropriate jurisdiction)
3. The proposed dates of the first and last import
4. The modes of transport to be used
5. The estimated number of shipments involved
6. The following information on each non-hazardous waste:
   1. the type and source (e.g., solid non-hazardous waste or ash from solid non-hazardous waste and the municipality of origin);
   2. the total quantity estimated to be shipped over the notice period in kilograms or litres of waste; and
   3. the applicable disposal code (see appendix B)
7. The ports of entry through which the import will take place
8. The names of the insurance companies involved and the relevant policy numbers
9. The countries of transit and the length of time the non-hazardous waste will be in each
10. A statement signed and dated by the Canadian importer indicating that:
    1. a contract is in force²;
    2. an insurance policy covers the period required;
    3. the importer will implement alternative arrangements if the non- hazardous waste cannot be disposed of in accordance with the import permit, or will return the non-hazardous waste to the facility from which it originated; and
    4. the information in the notice is complete and correct

Transits

1. The reference number provided by Environment Canada to the person proposing to convey waste in transit
2. The name, addresses (civic, mailing, and electronic), registration number, and telephone and facsimile numbers of the contact for
   1. the foreign exporter and foreign receiver or the exporter and importer, as the case may be;
   2. the site from which the non-hazardous waste is being shipped;
   3. the site at which the non-hazardous waste is to be received; and
   4. the authorized carriers (as authorized by the appropriate jurisdiction)
3. All modes of transport that will be used
4. The estimated number of shipments
5. The ports of entry and exit through which the transit will take place
6. The proposed date of entry of the first shipment and date of exit of the last shipment
7. The name of the insurance company and the relevant policy number as required under section 3.4.1
8. The countries of transit and the length of time that the non-hazardous waste will be in each
9. The following information on each waste:
   1. the type and source (e.g., solid non-hazardous waste or ash from solid non-hazardous waste and the municipality of origin);
   2. the total quantity estimated to be shipped over the notice period, in kilograms or litres; and
   3. the applicable disposal code (see appendix B)
10. A statement signed and dated by the person who submits the notice indicating that
    1. an insurance policy covers the period required; and
    2. the information in the notice is complete and correct

Export

1. The person proposing to export sends a notice to Environment Canada
2. Environment Canada reviews the notice to ensure that all information requirements are fully met
3. Environment Canada forwards the notice of proposed export to the foreign competent authority for review
4. The foreign competent authority provides its response to Environment Canada
5. The Minister of the Environment either grants or refuses to issue a permit to the person proposing to export, taking into account the response from the foreign competent authority. The export can only take place once the exporter receives the permit.

If the export is intended for the United States and no response is received from the competent authority (the US EPA) within 30 days of transmitting the notice, then tacit consent is invoked under the Canada-USA Agreement. The Minister of the Environment will then issue a permit in accordance with CEPA 1999. The export can only take place once the exporter receives the permit.

Import

1. The person proposing to import sends a notice to Environment Canada
2. Environment Canada reviews the notice to ensure that all information requirements are fully met
3. Environment Canada forwards the notice of proposed import to the appropriate provincial or territorial authority for review
4. The provincial or territorial authority returns the notice to Environment Canada with its response
5. Environment Canada matches the foreign export notice and the Canadian import notice, and the Minister either grants or refuses to issue a permit to the person proposing to import. The import can only take place once the Canadian importer receives the permit.

Transit through Canada

1. The person proposing to convey the non-hazardous waste in transit sends a notice to Environment Canada
2. Environment Canada reviews the notice to ensure that all information requirements are fully met
3. Environment Canada forwards the notice of proposed transit to the appropriate authority in the provinces or territories through which the non-hazardous waste is to be conveyed for their review
4. The provincial or territorial authority(s) returns the notice to Environment Canada with its response
5. Environment Canada matches the foreign export notice and the Canadian import notice, and the Minister either grants, or refuses to issue, a permit to the person proposing to convey the non-hazardous waste in transit. The transit can only take place once the person proposing the transit receives the permit.

Transits through a Country Other Than Canada

1. The person proposing to convey the non-hazardous waste in transit sends a notice to Environment Canada
2. Environment Canada reviews the notice to ensure that all information requirements are fully met
3. Environment Canada forwards the notice of proposed transit to the foreign competent authority for review
4. The foreign competent authority responds to Environment Canada
5. The Minister of the Environment either grants, or refuses to issue, a permit to the person proposing to convey the non-hazardous waste in transit, taking into account the response from the foreign competent authority. The transit can only take place once the person proposing the transit receives the permit.

Note that in the case of transit through the US, if no response is received from the US EPA within 30 days of transmitting the notice, then tacit consent is invoked under the Canada-USA Agreement. The Minister of the Environment will then issue a permit in accordance with CEPA 1999. The transit can only take place once the person proposing the transit receives the permit.

Administrative Considerations

In general, the notifier should allow at least 60 days for the administrative review process for shipments to and from the United States. More time should be allowed for shipments to other countries. If the notice is complete and correct, it is possible that approval (including the US review, which takes 30 days) could be granted in approximately 35 to 40 days. Any errors or omissions by the applicant will delay the file.

The permit issued by Environment Canada may not correspond to the exact shipping dates set out in the notice, but will state when shipping may begin. Permits are valid for up to 12 months, and the import, export, or transit may take place at any time within the permit's period of validity.

Review Criteria

The following questions reflect the type of criteria that the appropriate jurisdiction will generally consider in its review of notices before providing a decision on whether to consent to shipments of non-hazardous waste (questions 3 and 4 are intended to help avoid negative environmental or human-health impacts at a disposal facility):

1. Is all the information required in the notice provided?
2. Is the import or export of the waste prohibited under the jurisdiction's legislation? (e.g., in Canada, it is prohibited to export waste with 50 ppm or more of polychlorinated biphenyls under the CEPA 1999 PCB Waste Export Regulations)
3. Is the proposed facility authorized to dispose of the non-hazardous waste? (this is usually specified in the facility permit issued by the appropriate jurisdiction)
4. Has the importing jurisdiction received information that demonstrates that the importing facility cannot manage the non-hazardous waste in an environmentally sound manner? (e.g., a problem at the facility that poses imminent and substantial danger to the environment or human health) (see also section 3.4.3 regarding environmentally sound management criteria)

Export Conditions

An exporter may export non-hazardous waste if the following conditions are met:

1. At the time of export
   1. the export is not prohibited under the laws of Canada;
   2. the country of import is a party to the Basel Convention or the Canada-USA Agreement and does not prohibit the import of non-hazardous waste; and
   3. the country of transit, if a country of transit is involved, does not prohibit the transit of the non-hazardous waste
2. The non-hazardous waste is not disposed of south of 60° south latitude
3. The exporter is a resident of Canada or, in the case of a corporation, has a place of business in Canada
4. The exporter is the owner or operator of the authorized facility named in the export permit (and from which the non-hazardous waste will be exported)
5. There is a signed, written contract or series of contracts between the exporter, foreign importer, and authorized facilities or, if any of these are the same legal entity, a written statement signed by representatives of the exporter and the foreign importer
   1. indicating that the non-hazardous waste will be disposed of in accordance with the export permit;
   2. describing the non-hazardous waste;
   3. setting out the quantity of non-hazardous waste to be exported;
   4. describing the disposal operation set out in Appendix B that will be used; and
   5. requiring the foreign importer to
      1. take all practicable measures to assist the exporter in fulfilling the exporter's obligations if the non-hazardous waste delivery is not accepted by the authorized facility named in the export permit or if the facility refuses to dispose of the non-hazardous waste in accordance with the export permit;
      2. complete the disposal of the non-hazardous waste
         1. within five working days after the date of its arrival at the authorized facility indicated on the export permit, to avoid adverse impacts from degradation of the waste; or
         2. for interim disposal operations (D13, D14, D17 as described with appendix B), within five days (in the case of solid non-hazardous waste and residue from waste-diversion operations) or within 180 days (in the case of residue from the incineration of municipal solid waste)
      3. provide the information required by the exporter to complete the movement document (for exports from Canada to Basel parties) or annual report (for exports from Canada to the USA); and
      4. submit written confirmation of the disposal of the non- hazardous waste to the exporter within 30 days of completing the disposal
6. The exporter and the authorized carriers are insured (see section 3.4.1)
7. A copy of the permit accompanies the non-hazardous waste
8. The non-hazardous waste is disposed of at the authorized facility named in the export permit
9. The non-hazardous waste is transported by the authorized carriers named in the export permit
10. The non-hazardous waste is exported through the port(s) of exit named in the export permit
11. The quantity of non-hazardous waste exported for disposal does not exceed the quantity set out in the export permit
12. Each shipment is completed, including disposal of the waste
    1. within five working days after the date of its arrival at the disposal site indicated on the permit, to avoid adverse impacts from degradation of the waste; or
    2. for interim disposal operations (D13, D14, D17 as described within appendix B), within five days (in the case of solid non-hazardous waste and residual waste from waste-diversion operations) or within 180 days (in the case of residual waste from the incineration of municipal solid waste)
13. Records of the non-hazardous waste exported for disposal are maintained at the exporter's principal place of business in Canada for three years after the date of export, and the exporter makes the information available to enforcement officers upon request

Return or Re-routing of Exports

An exporter may import, for the purposes of return, non-hazardous waste if the exported waste is not accepted by the authorized facility named in the export permit, or if the facility refuses to dispose of the non-hazardous waste in accordance with the export permit. Under such conditions, the exporter is required to

1. immediately notify the Minister of the Environment and the foreign receiver and authorities of the country of import of the reasons for the return/non-acceptance;
2. take one of the two following actions within 10 days after the day on which the Minister is notified:
   1. arrange for and ensure the return of the non-hazardous waste to an authorized facility in Canada, the exporter would be required to
      1. await receipt of an import permit from Environment Canada before proceeding with the return, and
      2. ensure that a copy of the appropriate import permit accompanies the waste throughout the movement until it is returned to Canada, or
   2. arrange for and ensure the disposal of the non-hazardous waste at an authorized facility in the country of import, and provide the Minister with the name and address of the facility and name of a contact person.

Import Conditions

An importer may import non-hazardous waste if the following conditions are met:

1. At the time of import
   1. the import to Canada is not prohibited under the laws of Canada;
   2. the country of export is a party to the Basel Convention or the Canada-USA Agreement; and
   3. the country of transit, if a country of transit is involved, does not prohibit the transit of the non-hazardous waste
2. The importer is a resident of Canada or, in the case of a corporation, has a place of business in Canada
3. The importer is the owner or operator of the authorized facility named in the import permit (and to which the non-hazardous waste will be imported)
4. There is a signed written contract or series of contracts between the importer, the foreign exporter, and the authorized facilities or, if any of these are the same legal entity, a written statement signed by representatives of the importer and the foreign exporter
   1. indicating that the non-hazardous waste will be disposed of in accordance with the import permit;
   2. describing the non-hazardous waste;
   3. setting out the quantity of non-hazardous waste to be imported;
   4. describing the disposal operation set out in appendix B that will be used; and
   5. requiring the foreign exporter to
      1. take all practicable measures to assist in fulfilling the importer's obligations if the non-hazardous waste is not accepted by the authorized facility named in the import permit within five working days after the date of its arrival, or if the facility refuses to dispose of the non-hazardous waste in accordance with the import permit, and
      2. provide the information required by the importer to complete the movement document (for imports to Canada from Basel parties) or annual report (for imports to Canada from the USA) required under these regulations
5. The importer and authorized carriers are insured (see section 3.4.1.)
6. The non-hazardous waste is disposed of at the authorized facility named in the import permit
7. The non-hazardous waste is transported by the authorized carriers named in the import permit
8. The non-hazardous waste is imported through the port(s) of entry named in the import permit
9. The quantity of non-hazardous waste imported for disposal does not exceed the quantity set out in the import permit
10. A copy of the import permit accompanies the non-hazardous waste
11. The disposal of each shipment is completed, including disposal of the waste
    1. within five working days after the date of its arrival at the disposal site indicated on the permit, to avoid adverse impacts from degradation of the waste; or
    2. for interim disposal operations (D13, D14, D17 as described within appendix B), within five days (in the case of solid non-hazardous waste and residual waste from waste-diversion operations) or within 180 days (in the case of residual waste from the incineration of municipal solid waste)
12. Records of the non-hazardous waste imported for disposal (including confirmation of disposal) are maintained at the importer's principal place of business in Canada for three years after the date of import, and the importer makes the information available to enforcement officers upon request

Return or Re-routing of Imports

An importer may export, for the purposes of return, non-hazardous waste if the waste imported is not accepted by the authorized facility named in the import permit within five working days after the date of its arrival at the authorized facility, or if the facility refuses to dispose of the non-hazardous waste in accordance with the import permit. In such conditions, the importer would be required to

1. within five working days of the refusal to dispose, send an export notice to the Minister of the Environment and the foreign exporter stating the reasons for the return/non-acceptance;
2. await receipt of an export permit from Environment Canada, in order to proceed with the return; and
3. take one of the two following actions within 10 days after the day on which the Minister is notified:
   1. arrange for and ensure the disposal of the non-hazardous waste at an authorized facility in Canada other than the one named in the import permit, and advise the Minister of the name and address of the facility and name of a contact person, ensuring that a copy of the appropriate export permit accompanies the waste throughout the movement or until it is returned to the foreign export site; or
   2. arrange to return the non-hazardous waste to the facility from which it was exported and, before shipping the non-hazardous waste, receive an export permit from the Minister confirming that the facility is authorized.

Transit Conditions

A transit may be described as

• a movement from one part of Canada to another part of Canada (e.g., from Ontario to New Brunswick via the USA), or
• a movement from a second country through Canada to a third country or to another location in the second country (e.g., from Alaska through Canada to Washington or from Alaska through Canada to Mexico).

A person may convey in transit non-hazardous waste if

1. at the time of transit, the export or import of the non-hazardous waste is not prohibited under the laws of Canada or any other country through which it will be conveyed;
2. the non-hazardous waste is transported by the authorized carriers named in the transit permit;
3. the non-hazardous waste is exported and imported through the ports of entry and exit named in the transit permit;
4. the quantity of non-hazardous waste conveyed in transit does not exceed the quantity set out in the transit permit;
5. in the case of transit through Canada, the authorized carrier is insured (see section 3.4.1);
6. in the case of transit though a country other than Canada, the exporter and importer are insured (see section 3.4.1);
7. in the case of transit through Canada, the country of export provides the Minister with written confirmation that the country of import and any others through which the non-hazardous waste will be conveyed in transit have consented to the proposed import or transit; and
8. a copy of the transit permit accompanies the non-hazardous waste from the port of entry into Canada through to the port of exit from Canada.

3.3.6.1 Movements between Canada and the USA

A copy of the export, import, or transit permit would be required to accompany the non-hazardous waste conveyed between Canada and the USA at all times during the shipment (including return, if necessary)--from the export site through to the waste's arrival and acceptance at the disposal site.

It is proposed that the Canadian exporter or importer named in the permit or the person conveying the non-hazardous waste in transit be required to submit an annual report to Environment Canada for each calendar year (January 1 to December 31) detailing

1. the permit number under which the export, import, transit, or series of shipments was made;
2. the reporting period during which the export, import, transit, or series of shipments was made under the respective permit;
3. the facility of origin;
4. the type and source (e.g., solid non-hazardous waste or ash from solid non-hazardous waste and the municipality of origin);
5. the Canadian exporter and US importer or the US exporter and Canadian importer;
6. the port of entry or exit; and
7. the number of movements (including returns) associated with the non-hazardous waste for the entire reporting period, including:
   1. the total quantity of non-hazardous waste shipped (and received, if different from the quantity shipped) under that permit;
   2. the contact names and addresses (both mailing and electronic) of all carriers involved in the movement of the non-hazardous waste from its point of origin to its disposal; and
   3. a written, dated, and signed (by the Canadian exporter, importer or person responsible for the waste conveyed in transit) confirmation that the non-hazardous waste has been received and disposed of in accordance with the permit and in a manner that protects the environment and human health.

Canadian exporters, importers, and persons conveying non-hazardous waste in transit between Canada and the US would be required to submit the annual report no later than March 31 of the year following the calendar year for which they are reporting. They would also be required to keep a copy of the report at their principal place of business for a period of three years after the day on which it was submitted to the Minister.

3.3.6.2 Movements between Canada and Other Basel Parties

A copy of the export, import, or transit permit would be required to accompany the non-hazardous waste conveyed in transit between Canada and other Basel parties at all times during the shipment (including return, if necessary)--from the export site through to the waste's arrival and acceptance at the disposal site.

It is proposed that the Canadian exporter or importer named in the permit or the person conveying the non-hazardous waste in transit be required to ensure that a copy of the movement document accompanies the non-hazardous waste for the duration of this same period (the format of the movement document is not prescribed; however, its information requirements are detailed in appendix C).

Once the disposal is completed, the Canadian exporter, importer, or person conveying non-hazardous waste in transit would be required to send Environment Canada, within 30 days, a copy of the shipment's movement document and a written, dated, and signed (by the Canadian exporter, importer or person responsible for the waste conveyed in transit) confirmation that the waste has been received and disposed of in accordance with the permit and in a manner that protects the environment and human health.

It is proposed that a key requirement for notification be that each party involved in the movement of non-hazardous waste be fully insured, and that the policy be in effect for the entire period of the notice, including the return, if necessary. This insurance would be in respect of

• any damages to their parties for which the exporter, import, or authorized carrier is responsible, and
• any costs imposed by law on the exporter, importer, or authorized carrier to clean up non-hazardous waste that has been released to the environment.

For example, the insurance would cover liability arising from the export, import, or transit of non-hazardous waste

• in the case of an export from Canada, from the time the waste leaves the exporter's shipping site to the time an authorized facility (including one in Canada, if the waste is returned) accepts its delivery for disposal;
• in the case of an import into Canada, from the time the waste enters Canada to the time an authorized facility in Canada accepts its delivery or the waste leaves Canada for return to the country of export; or
• in the case of transit, at any time during transit through Canada.

At present, Environment Canada considers the following amounts of liability insurance as the minimum requirements for the issuance of a permit for the export or import of non-hazardous waste:

• For exporters, importers or persons conveying waste in transit, one million dollars
• For authorized carriers, the amount required by law in the jurisdictions in which the waste is transported.

Input from stakeholders is welcomed in setting insurance requirements that are consistent with industry practices for domestic movements and disposal operations, yet ensure adequate coverage to mitigate the potentially harmful impacts of the export or import of non-hazardous waste on the environment and human health.

As per Section 188 of CEPA 1999, it is proposed that the Minister of the Environment may require a plan for the reduction of exports of non-hazardous waste to be in place. Such a plan would describe whether the waste is to be exported by

• the municipality (e.g., residential or municipal solid waste exported from municipal facilities); or
• a commercial enterprise exporting the waste on behalf of clients (e.g., a privately owned waste facility).

It would require the exporter to provide

1. a description of the manner in which the exporter plans to reduce or phase-out exports of the non-hazardous waste;
2. the options considered for reducing or phasing out the export of the waste referred to in the plan (including options for disposal in Canada); and
3. details on the stages of the plan and a schedule for its implementation.

Under subsection 185(2) of CEPA 1999, the Minister of the Environment may refuse to issue a permit to export, import, or convey in transit non-hazardous waste if the Minister is of the opinion that the waste will not be managed in a manner that will protect the environment and human health. In making a decision, the Minister may consider 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 adverse effects that may result from the disposal of the non-hazardous waste, including measures for monitoring the efficiency of the procedures and modifying them, if necessary;
   2. measures to monitor and ensure compliance with applicable laws respecting the protection of the environment and human health; and
   3. certification that the system includes the procedures and measures referred to in (i) and (ii)
2. The implementation of a plan at the authorized facility to prevent, prepare for, and respond to any uncontrolled, unplanned, or accidental release of non-hazardous waste
3. The existence of prohibitions or conditions relating to the disposal of non-hazardous waste in Canada or abroad

¹ In cases where the Canadian exporter and foreign importer are the same entity, a statement signed and dated by a representative of the Canadian and foreign sites affirming that all requisite elements of the notice of proposed export, import, or transit have been completed.

² In cases where the Canadian importer and foreign exporter are the same entity, a statement signed and dated by a representative of the Canadian site and foreign site affirming that all requisite elements of the notice of proposed export, import, or transit have been completed.