Appendix A : Draft Background Paper on Export and Import of Hazardous Wastes and Hazardous Recyclable Materials Regulations

Table of Contents

Environment Canada intends to revise the Export and Import of Hazardous Wastes Regulations (EIHWR).

Environment Canada adopted the EIHWR in 1992 under the authority of the former Canadian Environmental Protection Act, 1988 (CEPA 1988). The EIHWR are now under the authority of the Canadian Environmental Protection Act, 1999 (CEPA 1999). The EIHWR are intended to protect Canada's environment from the risks posed by unregulated traffic in hazardous wastes and hazardous recyclable materials and to implement Canada's international obligations to protect the environment of other countries from uncontrolled exports of these wastes and recyclable materials from Canada.

Since 1992, the volume of hazardous wastes and hazardous recyclable materials crossing Canada's border has increased. As well, during the last decade, various changes to the domestic and international legal regimes have occurred, and the parties involved in managing transboundary movements of hazardous wastes and hazardous recyclable materials have identified opportunities to enhance the efficiency and effectiveness of the design and implementation of the EIHWR. Through the Canadian Council of Ministers of the Environment Hazardous Waste Task Group (CCME HWTG), Environment Canada, the provinces and relevant industries have identified numerous opportunities to harmonize the relevant federal-provincial regimes, particularly in defining hazardous waste and hazardous recyclable material.

The international regimes regulating the import and export of hazardous wastes and hazardous recyclable material have also evolved. These international obligations stem from three different agreements: the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989; the OECD Decision of Council concerning the control of transfrontier movements of wastes destined for recovery operations, C(92)39/Final, March 1992, as amended and replaced by C(2001)107/Final; and the Canada-United States Agreement Concerning the Transboundary Movement of Hazardous Wastes, 1986 (as amended in 1992).

Similarly, CEPA 1999, in force since April 2000, includes various important new provisions with respect to hazardous waste and hazardous recyclable materials. One of the most important of these changes is the authority for a distinct control regime for exports and imports of hazardous recyclable materials. In addition, the new Act authorizes the Minister of Environment to:

As interim measures in response to these developments, Environment Canada promulgated amendments to the EIHWR earlier this year. These primarily address new manifest requirements. Environment Canada is also developing new regulations to replace the EIHWR. Given the decoupling of the definitions of waste and recyclable materials under CEPA 1999, these new regulations will become the Export and Import of Hazardous Wastes and Hazardous Recyclable Materials Regulations (EIHWHRM Regulations). These regulations will retain the primary objective of ensuring that environment and human health is protected when transboundary movements of hazardous wastes and hazardous recyclable materials take place. As with the current EIHWR, the new regulations will establish controls that are consistent with Canada's international obligations. The new regulations will also contain substantial revisions from the current EIHWR in order to:

In addition to revising the substantive content of the regulations, Environment Canada also intends to improve the clarity of the regulations.

The drafting instructions should reflect the following objectives with respect to the new regulations:

This part defines key terms used in these regulations to ensure clarity and consistency.

Short Title

1. These regulations may be cited as the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations.

Interpretation

2. In these Regulations,

Electronic copies

3. Throughout this regulation, electronic copies shall have the same legal effect as paper copies.

This Part contains a number of definitions not in the current EIHWR. All of the proposed definitions are consistent with the definitions in the forthcoming Interprovincial Movement of Hazardous Wastes and Hazardous Recyclable Materials Regulations (Interprovincial Regulations).

One of the most important changes from the current EIHWR, is that these regulations focus on obligations of the permit applicant and permit holder. By contrast, the current EIHWR place much of the responsibility on the "exporter" or "importer" (not defined here as these terms are not used elsewhere in the regulation), and the Interprovincial Regulations place the responsibility on the "generator/consignor."

Paragraph 3 provides for electronic documentation.

This part describes the scope/application of these regulations as well as small quantity and other exemptions.

Application

4.

  1. Unless otherwise specified in this Part, these regulations apply to the import, export and conveying in transit through Canada of hazardous waste and hazardous recyclable material.
  2. Describe linkage to PCB Waste Export and Import Regulations (wastes above 50 ppm PCB will be subject to those regulations, those with between 2 and 50 ppm may be subject to both regulations if they are hazardous for another reason, e.g. flammability).
  3. Describe linkage to Interprovincial Regulations. (EIHWHRMR will apply even if there is an interprovincial portion of an import or export).
Exemptions

5. For the purpose of these regulations:

  1. Explosive materials included in Class 1 - Explosives of the Transportation of Dangerous Goods Regulations are not considered hazardous waste or hazardous recyclable material;
  2. Radioactive materials included in Class 7 - Radioactive materials of the Transportation of Dangerous Goods Regulations are not considered hazardous waste or hazardous recyclable material.

6. Subject to the prohibitions in Paragraphs 11 and 12, and except for exports to non-OECD countries, these Regulations do not apply to a transboundary movement of hazardous wastes or hazardous recyclable materials of less than the quantities or volumes listed in Table 1.

Table 1
Hazardous Waste or Hazardous Recyclable Material Maximum Amount That May Be Shipped As Exempt From These Regulations
Containing Track 1 CEPA-toxic substances None
Infectious waste None
One time only exports and imports of recyclable materials of samples for analytical or treatability testing to and from an OECD country 25 kg or 25 L
Liquid mercury 50 mL
All other liquids 5 L
All other solids 5 kg

7. The conditions on imports do not apply to the Department of National Defence where a hazardous waste is:

  1. generated by that Department in the course of an operation conducted by it outside of Canada;
  2. transported from the site of operation to a defence establishment as defined in section 2 of the
    National Defence Act; and
  3. transported under the sole direction or control of the Minister of National Defence, or in circumstances prescribed in the Transportation of Dangerous Goods Regulations to be under that Minister's sole direction or control, as though the hazardous waste is a dangerous good under those Regulations.

8. These regulations do not apply to:

  1. chrome (blue) trimmings, shavings, and buffing dust generated by the leather tanning and finishing industry in an industrial process which uses chromium exclusively and does not generate hexavalent chromium when:
    1. they are destined for and managed in non-oxidizing environments as found in landfills or D5 operations; and
    2. the wastes do not exhibit any other characteristic, other than leachability for chromium.
  2. treated wood provided that it is not destined to be burned or otherwise treated in a manner which would result in release of substances designed as toxic under CEPA 1999.

The exceptions and exemptions provided for in paragraphs 5 to 8 include exemptions in the Interprovincial Regulations:

This part describes overarching restrictions on the export, import and transit of hazardous wastes and hazardous recyclable materials.

Obligation to determine hazardous

9. No person shall import, export or convey in transit a waste or recyclable material without first determining whether it is hazardous in accordance with these regulations.

Permit requirement

10. No person shall import, export or convey in transit a hazardous waste or hazardous recyclable material except:

  1. after notifying the Minister using the appropriate notice form prescribed in these regulations and paying the prescribed fee; [none currently prescribed]
  2. after receiving from the Minister the applicable permit under these regulations; and
  3. in accordance with the conditions prescribed under the permit and these regulations.
Prohibited shipments

11. Exports to non-OECD countries of hazardous waste for disposal are prohibited.

12. The following transboundary movements are prohibited:

  1. Any exports of hazardous wastes or hazardous recyclable materials to Antarctica (south of 60o south latitude).
  2. Any exports of any material deemed to be hazardous waste as per Article 1 of the Basel Convention to a country that has prohibited the import of that specific material, or of all hazardous wastes and/or hazardous recyclable materials, and has so notified Canada.
  3. Any exports or imports of hazardous wastes or hazardous recyclable materials to or from a country that is not party to one of the following:
    • the Convention,
    • OECD Decision C(2001)107/Final as amended in the case of hazardous recyclable material, or
    • a bilateral, multilateral or regional agreement or arrangement with Canada.
  4. The import or export of wastes or recyclable materials containing substances whose transboundary shipment is banned by a "condition" imposed under the New Substances Notification Regulations.
  5. The import or export of wastes or recyclable materials containing substances whose transboundary shipment is otherwise banned under CEPA 1999.
  6. Exports or imports that, when subjected to the treatment of the importer may lead to the recovery, recycling, reclamation, direct reuse, alternative uses of persistent organic pollutants. (text derived from Art. 6(1)(d)(iii) of Stockholm Convention)
  7. The import or export of wastes or recyclable materials containing substances whose transboundary shipment is banned by another international agreement to which Canada is a party.
  8. The import or export of wastes or recyclable materials containing substances whose transboundary shipment is banned by other provisions of Canadian law.
  9. Any export or import that will result in or have the effect of avoiding dilution rules in the exporting jurisdiction.
Prohibition on abandonment of shipment

13. No person shall abandon a shipment in the course of import, export or transit prior to its completion in accordance with the permit.

Prohibition against unauthorized carriers

14. No carrier that is not authorized shall carry any hazardous recyclable material or hazardous waste subject to these regulations.

Paragraph 9 imposes the obligation to determine whether the waste or material is hazardous on the proponent, rather than on the government. This obligation is consistent with the basic environmental management and due diligence requirements for generators and managers of wastes or recyclable to know the characteristics of the substances they are working with.

Paragraph 10 reiterates Subsection 185 (1) of CEPA 1999. It is provided here for the purpose of ensuring that the regulations provide the public with as complete as possible a set of requirements.

Paragraphs 11 and 12 describe the main prohibitions:

Paragraph 13 is an important prohibition applicable to all shipments under these regulations.

Paragraph 14 imposes a direct obligation on each carrier to be authorized. Experience has shown that subcontracted carriers are widely used. Although it is the Canadian importers/exporters responsibility to only use authorized carriers, this new provision should ease enforcement of the requirement that carriers be authorized and places some responsibility on the carrier as well.

This part describes the mechanism for determining whether a waste or recyclable material is "hazardous." It will be modeled after the proposed requirements for the Interprovincial Regulations (see draft published at http://www.ec.gc.ca/CEPARegistry/documents/participation/interprov/TOC.cfm).

Hazard Classification

15.

  1. Any waste or recyclable material that is described by an item in Lists 1, 2, 3 or 4 of Schedule 4, shall be considered hazardous waste or hazardous recyclable material as the case may be.
  2. Despite subparagraph (1), where a conditional exclusion has been issued for an item in List 2 of Schedule 4, the hazard classification for the hazardous waste or hazardous recyclable material named in the conditional exclusion may no longer apply.
  3. Any waste or recyclable material listed in List 3 or 4 of Schedule 4 may be "tested out" of these regulations if it can be demonstrated that it does not exhibit a hazard classification specified Schedule 5.
  4. A waste or recyclable material not listed in Schedule 4 shall be considered hazardous waste or hazardous recyclable material if it is determined that one or more of the hazard classifications in Schedule 5 are applicable to the waste or recyclable material.
  5. A waste that is destined for landfill and which contains more than the regulated concentration of any substance given in List 5 of Schedule 4 is a hazardous waste.
Conditional exclusion process1

16. If a waste or recyclable material is included in Schedule 4, but the permit applicant believes that it does not exhibit any hazardous characteristic, the permit applicant may apply for a conditional exclusion using the appropriate form in Schedule 6.

17. If the Minister approves the application, the waste or recyclable will not be subject to these regulations as long as all conditions in the conditional exclusion continue to be met.

18. With respect to the conditional exclusion process, it is proposed that the regulation specify the following:

  1. The Minister shall endeavour to respond within 90 days.
  2. Failure to respond within 90 days shall not be interpreted as approval.
  3. The Minister may charge a fee for the conditional exclusion application and implementation process
  4. The information to accompany an application shall include:
    1. a statement of the grounds for seeking the exclusion (describing the waste or material and which anticipated hazardous characteristic(s) is (are) not present); and
    2. supporting technical analysis from an independent certified laboratory.
  5. The Minister shall post each application for a conditional exclusion on the CEPA Registry.
  6. The public may submit to the Minister comments on any application.
  7. The Minister may approve an application for a conditional exclusion.
  8. The Minister shall impose the following conditions:
    1. maximum time for which an approval is valid, up to a maximum of 3 years;
    2. ongoing obligations to monitor to ensure the grounds for exclusion continue to apply;
    3. reporting requirements for ongoing test results or other imposed conditions; and
    4. any other conditions deemed necessary.
  9. The Minister may withdraw an approval if, in the Minister's opinion, the conditions are no longer met.
  10. The Minister may recognize conditional exclusions granted under other laws.

These provisions follow from the general responsibility established in Paragraph 9 (in Part 3, General Obligations) for the proponent to determine whether a shipment contains waste or recyclable material that is "hazardous" under these regulations.

The process for determining whether a waste or recyclable is hazardous mirrors the forthcoming Interprovincial Regulations. This approach follows a logical flow that improves both the clarity of the grounds for the classification decision and the enforceability of the new regulation. The overall approach is also consistent with the Basel Convention and the OECD Decision.

The use of lists in sub-paragraph 15(1) to establish a presumption of inclusion establishes a clear baseline from which industry and Environment Canada can work in applying the regulations. The use of lists also provides a straightforward basis for other stakeholders to understand the scope of the regulations. The lists are based on the lists in the Interprovincial Regulations.

Subparagraph 15(2) provides that some listed hazardous wastes and hazardous recyclable materials will be deemed to be included under the regulations unless the proponent obtains a conditional exclusion (see below). Subparagraph 15(3) provides that for all other listed hazardous wastes and hazardous recyclable materials, a regulatee may test out by demonstrating that the waste or material does not, in fact, have the characteristic for which it is listed. This reflects the Interprovincial Regulations, and adds List 4, which will be based on the Basel Convention list in Annex IX. The listing of certain key recyclable materials such as treated wood and electronic scrap will be clarified.

Subparagraph 15(4) requires the application of all the hazardous characteristic tests to all non-listed wastes and recyclable materials. Some stakeholders have argued that the regulations should not require application of the TCLP test to any recyclable materials. Others argue that the test should not be applied to specific lower risk recyclable materials. Environment Canada does not propose to provide such a blanket exemption, and views the test as a measure of the availability and mobility of hazardous constituents. Recyclable materials may come into contact with the environment in various circumstances, including through stockpiling or following a transportation accident. Recyclable materials that could contaminate the environment as a result of such contact will be covered by the regulations.

Subparagraph 15(5) is related to the list of substances which would require tracking and pretreatment prior to landfill under the proposed new landfill guidelines.

The conditional exclusion process in paragraphs 15(2) and 16 to 18 was also provided for in the discussion paper for the proposed Interprovincial Regulations. The actual process described in paragraphs 16 to 18 is based on the CCME protocol for obtaining conditional exclusions. It will allow industry to exempt from the coverage of the regulation a waste or recyclable that is usually hazardous but due to production process factors or unusual circumstances is not hazardous in a particular case. Non-respect of the conditions could result in enforcement action. Conditional exclusions will not be granted for material or waste that has simply been diluted. Environment Canada is currently reviewing this process.

The above provisions do not include the following items that various stakeholders have suggested:

This part prescribes the control regime applicable to all transboundary movements of hazardous recyclable materials and hazardous wastes. It is divided into three sub-parts:

Note that each of the sub-parts in Part 5 incorporate an important change from the current EIHWR in terms of who may apply for a permit. The proposed provisions are silent as to who may apply. Instead, they specify criteria for obtaining a permit. This is a change from the existing regulation, which restricts who may apply as well as imposing conditions on them. The criteria for approving a permit are bolstered from those in the current regulation by the protection provided by the requirements that:

Together, these requirements will ensure that exporters acting as agents for multiple generators either have a facility that can receive returned material or have a contractual arrangement with such a facility.

In the case of recyclable materials, the expanded scope of persons who may apply for a permit will also enable applicants to obtain permits for pick-ups from multiple facilities, which should facilitate the emerging efforts to encourage retailers and others to pool their collective efforts to take-back and recycle materials such as batteries and mercury switches and thermometers. In many cases, these activities are only economically viable if the participants are allowed to pool their activities through the use of an agent who collects from multiple facilities.

Proposed Provisions
Definitions

19. For the purposes of this part

Obligation to submit a notice

20. An applicant for a permit under these regulations must submit a notice to the Minister, using the form in Schedule 6.

Notice Requirements

21. The permit applicant must ensure that the following conditions are met prior to submitting a notice:

  1. The shipment(s) will be fully covered by insurance, as required by Part 8, below.
  2. Each treatment, disposal or recycling facility is authorized by the authorities in the jurisdiction where the facility is located to carry out the intended operation associated with the shipment(s).
  3. The permit applicant is a resident of Canada;
  4. The permit applicant satisfies the appropriate conditions in paragraphs 45 and 46 or 57 and 58, as appropriate.
  5. There is a legally binding contract (or arrangement if both parties are in same company):
    • in the case of imports, between the generator or broker and permit applicant;
    • in the case of exports, between the permit applicant and the authorized facility; and
    • where the permit applicant is an intermediary facility, between the permit applicant and final destination;
  6. The contract in subparagraph (6) must include:
    • A description of the type and quantity of materials to be sent and received;
    • A description of the type of recycling or disposal operation to be undertaken;
    • The timelines for the shipment and completion of the recycling or disposal operation;
    • Undertakings from all relevant parties to provide all required assistance and notices required by these regulations upon failure to complete shipment or treatment as planned.
    • A commitment from the receiving facility to complete the final recycling or disposal operation within the time required under these regulations and to submit a certificate of final recycling treatment or of final disposal within 30 days of completion of treatment or disposal.
    • A commitment to complete the movement document as required by these regulations.
Self-Certification

22.

  1. The permit applicant must certify that all of the requirements listed in paragraph 21 are met and that all aspects of the proposed shipment(s), including all transportation, temporary storage and interim and final recycling or disposal operations, will be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or recyclable material.
  2. The certification referred to in sub-paragraph (1) must demonstrate conformity with the criteria listed in paragraph 79, taking into account any relevant governmental and nongovernmental standards, guidelines, codes of practice and other norms relevant to the types of operations proposed including, but not limited to, those listed in Schedule 7.
  3. Where the hazardous waste or hazardous recyclable material is destined for operation D13, D14, D15, R12, R13, R14 or R16, the certification in sub-paragraph (2) must include the final destination.
  4. Where a declaration of conformity with the criteria listed in paragraph 79 has previously been provided to the Minister, the certification as required by sub-paragraphs (2) and (3) may be replaced by a statement in the notice of the validity of the previous declaration to the operation and waste or recyclable material set out in the notice.
Minister may request additional information

23. In addition to the information required on the notice Form, the Minister may request:

  1. a complete copy of the permit applicant's insurance policy,
  2. a complete copy of the contract;
  3. information related to the ESM criteria described in Part 9, below, including detailed information about the proposed treatment.
Scope of notice

24. An applicant can submit a notice to cover more than one type of hazardous waste or hazardous recyclable material, provided there is only one applicant and one receiving facility for each notice and permit.

Multiple shipments

25. Permit applicants may use a single notice for more than one shipment, provided each shipment:

  1. Has essentially the same physical and chemical characteristics;
  2. Is to be shipped to the same disposal or recycling facility;
  3. Is to be shipped only through the customs offices specified in the notice; and
  4. In the case of imports into Canada, originates from the same person.
  5. Is shipped during the same 12-month period.
Amendments

26. An applicant may request amendments to a notice as to the name of carriers, the quantities to be shipped and border crossings provided the applicant has not already exceeded its permit limit in contravention of the regulations.

27. An applicant may not request amendments to its notice for the types of hazardous waste or hazardous recyclable material, sources and destinations.

CEPA Registry

28. Information provided with a notice may appear on the CEPA Registry. [details to be determined]

Movement Documents

29. Subject to paragraph 30, when hazardous waste or hazardous recyclable material is to be moved in accordance with a permit issued under these Regulations, the movement of that hazardous waste or hazardous recyclable material must be documented using a movement document in the form as set out in Schedule 6.

30. Interprovincial movements of hazardous waste or hazardous recyclable material to a final destination that is part of an import following operations D13, D14, D15, R13, R14 or R16 can comply with the "Environmental Control Document" in the Interprovincial Regulations rather than with the Movement Document requirements in this Part, provided that the Environmental Control Document includes the Notice number issued under these regulations as well as the manifest number of the original import.

31. Every movement document completed in accordance with this Part shall have a unique reference number provided by the Director and shall have all information legibly and indelibly printed on all copies.

32. Before any movement of hazardous waste or hazardous recyclable material is undertaken, the generator or broker, except as described in paragraph 65, must:

  1. complete (indicating the notice reference number, the applicable shipping name, including the word "waste" or "recyclable" as appropriate), sign and date the movement document listing the quantity of each hazardous waste or hazardous recyclable material that is intended to be moved in one "means of transport";
  2. deliver the movement document to the initial authorized carrier designated to transport the hazardous waste or hazardous recyclable material; and
  3. send a copy after the carrier has completed the appropriate section to Environment Canada.

33. Before a designated authorized carrier accepts the hazardous waste or hazardous recyclable material referred to in the movement document, the carrier shall ensure that the generator or broker has provided them with a copy of the permit for the manifested shipment and has completed and signed the appropriate parts of the movement document and shall complete and sign the carrier portion, and provide it, on delivery, to the next carrier if any.

34. When a designated carrier delivers the hazardous waste or hazardous recyclable material to the authorized facility identified in the Movement Document, the carrier shall provide the Movement Document to the authorized facility.

35. The permit holder shall ensure that the authorized facility, including the final destination where applicable, upon acceptance of the hazardous waste or hazardous recyclable material:

  1. completes and signs the movement document;
  2. sends a completed and signed copy to Environment Canada; and
  3. sends a completed and signed copy to the carrier and permit holder.

36. The permit holder and carrier(s) shall send the copies as required of the movement document within 3 business days and shall retain copies at their principal place of business in Canada for two years.

Certificate of Final Disposal or Recycling Treatment

37. The permit holder shall submit to the Minister or cause to be submitted a certificate of final disposal or recycling treatment,

  1. within 30 days of completion of final disposal or recycling; and
  2. in the case of a shipment is received at an intermediary facility, within 30 days of completion of final disposal or recycling at the final destination.

Note: Need to ensure that the above provisions are adequate to ensure that the documentation requirements will be passed along to each successive party in cases of one or more interim transfers.

Holders of permits for the transboundary movement of recyclable materials between Canada and another OECD country

38.

  1. Where the recyclable material is not regulated in the country of export as well as any country of transit which are Parties to the Basel Convention, permits for the transboundary movement of recyclable materials between Canada and another OECD country issued under Part 4.2 of these regulations may stipulate that:
    1. a generator does not have to complete the consignor's portion of the movement document where not required to do so by its own jurisdiction or the Basel Convention; and
    2. a carrier in a foreign country does not have to carry a copy of the movement document and the permit where not required to do so by its own jurisdiction.
  2. In these cases, the Canadian permit holder must prepare the movement document and provide it to the carrier at the border.
Special Cases

39. A movement of hazardous recyclable material may be undertaken without completing a movement document if a permit of equivalent environmental safety referred to in Part 9 has been issued for the hazardous recyclable material and that permit does not require a Movement Document but an alternate tracking mechanism.

Documentation for multiple carriers for one movement

40. Where more than one authorized carrier is to be used to complete the movement of a means of transport containing hazardous waste or hazardous recyclable material, the initial authorized carrier shall attach a copy of Attachment No.2 in the form as set out in Schedule 6 to the movement document at the time that it completes, signs and dates the movement document.

41. When a subsequent authorized carrier accepts the hazardous waste or hazardous recyclable material for transport, each subsequent authorized carrier shall complete the information in attachment No.2 and shall ensure that the movement document together with the completed attachment No.2 accompanies the hazardous waste or hazardous recyclable material to every other authorized carrier, if required, or to the authorized facility designated in the movement document.

42. Where the hazardous waste or hazardous recyclable material is contained in a means of transport that is to be transported by rail, the movement document with the means of transport may be substituted by a train manifest or consist if the information required by the movement document is included in the train manifest or consist and the movement document set out in Schedule 6 is forwarded to a subsequent authorized carrier if required or the authorized facility for completion in accordance with these regulations.

Rationale

These provisions consolidate all documentation requirements. They are modeled on the provisions proposed for the Interprovincial Regulations and on the consequential amendment made the EIHWR in August 2002. However, any references in the consequential amendments to the "Parts" of the current "manifest" document have been removed as it is Environment Canada's intention to replace the manifest with a "movement document" based on the OECD Movement Document.

These provisions have the following changes from the current EIHWR:

Note that this Part must be read in conjunction with the expanded new authority for electronic documentation provided for in paragraph 3 in Part 1.

Finally, it should be noted that Environment Canada is negotiating an arrangement with the provinces to centralize and consolidate the flow of information through the Department.

Proposed Provisions
Scope of application

43. These provisions apply to material that is classified as hazardous recyclable material and which is destined for recycling in an OECD country.

Criteria for issuing a permit

44. Subject to Paragraph 47, the Minister shall issue a "Permit for the transboundary movement of recyclable materials between Canada and another OECD country" only if Environment Canada has received the approval of the competent authority of the relevant jurisdictions.

45. For exports of recyclable materials from Canada to another OECD country, the Minister shall only issue a permit if the notice conditions in Part 5.1 are satisfied and the permit applicant either:

  1. Owns or operates an authorized facility capable of receiving any shipment returned under Part 5 of these regulations; or
  2. Has a contract with an authorized facility in Canada in which that facility undertakes to receive any shipments returned under Part 6 of these regulations.

46. For imports of recyclable materials from an OECD country into Canada, the Minister shall only issue a permit if the notice conditions in Part 5.1 are satisfied and:

  1. The permit applicant either:
    1. owns or operates the authorized facility to be used for recycling in Canada; or
    2. has a contract with the authorized facility to be used for recycling in Canada.
  2. The permit applicant has a contract with an authorized facility in the country of export in which that facility undertakes to receive any shipments returned under Part 6 of these regulations
  3. The foreign exporter to Canada is under the jurisdiction of the country of export. [i.e. the exporter must be in the country of export not a third country]
Tacit consent

47. The Minister will presume consent and will issue a permit where a negative response to a notice is not sent within:

  1. 7 days for a pre-authorized facility; and
  2. 30 days for a non pre-authorized facility.
Pre-authorization

48. The 30 day period referred to in Paragraph 47(2) is reduced to a 7 day period where

  1. the owner or operator of the facility at which the hazardous recyclable material is to be initially recycled submits to the Director an application for advance approval in the form set out in Schedule 6 together with a copy of any policy of liability insurance with respect to the recycling of the type of hazardous recyclable material in respect of which the application is made;
  2. the owner or operator of the facility receives written confirmation from the Director that the facility has been approved in advance by competent provincial governmental authorities to receive, within a specified period, a specified quantity of that type of hazardous recyclable material;
  3. less than the quantity referred to in paragraph (2) has been received by the facility;
  4. the period referred to in paragraph (2) has not lapsed; and
  5. the Director has not notified the importer and the owner or operator of the facility that the authorities referred to in paragraph (2) have withdrawn their advance approval.
Permit duration

49. Permits issued under this part may be valid for:

  1. 3 years for a pre-authorized facility; and
  2. 1 year for a non pre-authorized facility.
Permit renewal

50.

  1. Permit holders may apply for a renewal of an existing permit by submitting the form prescribed in Schedule 6 certifying that there are no material changes in the activities and operations for which the Notice is being made.
  2. Applications for permit renewals must be submitted and received by EC at least 21 days before the permit expires, for non pre-approved facilities and 5 days for pre-approved facilities
  3. Applications may be made for a change of volume, quantity or carrier.
  4. A material change includes, but is not limited to new facilities and new hazardous recyclable materials.
Volume/quantity may not exceed amount in permit

51. A permit holder may not exceed the volume/quantity in the permit over the period of time to which the permit applies.

Movement may not commence until receipt of permit

52. Export or import may not commence until receipt of permit.

Requirement to use authorized carrier

53. The permit holder must ensure that all carriers used for the transport of the hazardous recyclable material are "authorized carriers"

Discretion as to the time limit for initiating "final recycling operations"

54. The following requirements concerning the commencement of final recycling treatment as described in the permit shall apply:

  1. Where the recyclable material is shipped through an intermediary facility, the material is transferred to the final destination within 90 days of import or whatever time is required by the local jurisdiction.
  2. Subject to Subparagraph (2), the receiving facility shall complete the final recycling operation described in the permit within one year or whatever time is required by the local jurisdiction, whichever is shorter.
  3. The Minister may authorize up to three years for completion of the final recycling treatment provided that:
    1. the time frame is set out in the original notice with reasons to justify the extension; or
    2. the permit holder subsequently requests a longer time period, with sufficient reasons to justify the extension.
Rationale

This regime is modeled on the regime in Part 5.3 for controlling shipments of recyclable materials to and from non-OECD countries and of all shipments of hazardous wastes. This part provides for a more flexible regime for shipments of recyclable materials to OECD counties, while retaining the core elements required to manage risks effectively and to comply with international obligations. The proposed control regime reflects the provisions concerning hazardous recyclable materials in OECD Decision C(2001)107 and the Canada-USA Agreement.

A brief rationale for each of the main variations from the (primary) control regime in Part 5.3 follows:

Also see Part 5.1, Documentation, which has a special provision for movement documents for imports of recyclable materials from OECD countries.

Proposed Provisions
Scope of application

55. These provisions apply to:

  1. all imports or exports of hazardous waste; and
  2. all imports or exports of hazardous recyclable material to or from non-OECD countries.
Criteria for issuing a permit

56. The Minister shall issue a permit under this part of the regulations only if Environment Canada has received the approval of the competent authority of the relevant jurisdictions. (Note: as per s. 185 of CEPA).

57. For exports from Canada, the Minister shall only issue a permit if the conditions in Part 5.1 are satisfied and the permit applicant either:

  1. Owns or operates an authorized facility capable of receiving any shipment returned under Part 6 of these regulations; or
  2. Has a contract with an authorized facility in Canada in which that facility undertakes to receive any shipments returned under Part 6 of these regulations.
  3. In the case of exports for final disposal, the applicant have provided a statement as to the reason for export and options to minimize these exports. [Note: the Notice could include a format for this statement]

58. For imports, the Minister shall only issue a permit if the conditions in Part 5.1 are satisfied and:

  1. The permit applicant either:
    1. owns or operates the authorized facility to be used for recycling or disposal in Canada; or
    2. has a contract with the authorized facility to be used for recycling or disposal in Canada.
  2. The permit applicant has a contract with an authorized facility in the country of export in which that facility undertakes to receive any shipments returned under Part 6 of these regulations
  3. The foreign exporter to Canada is under the jurisdiction of the country of export. [Note: the exporter must be in the country of export not a third country]
Permit duration and renewal

59. Permits issued under this part shall be valid for up to one year.

60. (1) Permit holders may apply for a renewal of an existing permit by submitting the form prescribed in Schedule 6 certifying that there are no material changes in the activities and operations for which the Notice is being made.
(5) Applications for permit renewals must be submitted and received by the Department at least 30 days before the permit expires.
(6) Applications may be made for a change of volume, quantity or carrier.
(7) A material change includes, but is not limited to new facilities and new hazardous wastes or hazardous recyclable materials.

Volume/quantity may not exceed amount in permit

61. A permit holder may not exceed the volume/quantity in the permit over the period of time to which the permit applies.

Movement may not commence until receipt of permit

62. Export or import may not commence until receipt of permit.

Requirement to use authorized carrier

63. The permit holder must ensure that all carriers used for the transport of the hazardous waste are "authorized carriers".

Obligations to complete final disposal or recycling

64.

  1. Where the receiving facility is not the site of final disposal for the hazardous waste or hazardous recyclable material, the facility shall complete the operation described in the permit within 90 days or whatever time is required by the local jurisdiction, whichever is shorter;
  2. Where the receiving facility is the site of final disposal for the hazardous waste or hazardous recyclable material, the receiving facility shall complete the final disposal or final recycling operation within 1 year or whatever time is required by the local jurisdiction, whichever is shorter.
Rationale

Most of the above scheme reflects the current EIHWR with some changes to: a) facilitate compliance by improved clarity, and b) improve the operation of the regulations. Unlike the current EIHWR, it is proposed that the new regulations describe each step in the process in a sequential manner. This should help users and observers better understand all the elements involved. In order to provide this clear sequence of requirements, these regulations repeat some of the key provisions in the Act, including the requirement to submit a Notice, the prohibition on movement without a permit.

In addition, this part includes the following key changes:

Note that paragraphs 57 and 58 parallel the requirements in paragraphs 45 and 46 in Part 5.2, above, regarding the required contracts between the permit holder and the recycling/disposal facilities.

This Part describes the obligations arising upon failure to complete a shipment as contemplated under the permit.

Obligations arising upon failure to complete delivery or treatment as planned

65. Upon failure to complete a shipment or a disposal or recycling facility in accordance with the terms of the permit, the permit holder must:

  1. Immediately inform the Director as well as the foreign generator or receiver and the foreign authority of the failure to complete as per notice and permit;
  2. Provide or arrange for an appropriate storage facility for the waste in the interim;
  3. Within 30 days of the failure to complete the activities as notified, submit a request to the Director for authority to ship the material or waste to an alternative facility or to return it to the country of export;
  4. Receive authorization for the request in sub-paragraph (3) prior to moving the waste or recyclable material.
  5. If the consent in sub-paragraph (3) is not provided by Environment Canada and any other relevant competent authority within 90 days, make such arrangements as may be authorized by the Director and any other relevant authority to return the shipment to the country of export.

These provisions clarify the obligations arising upon failure to complete delivery or treatment as planned.

Paragraph 65(4) requires "authorization" for any subsequent movement. It is intended that this "authorization" represent a streamlined version of a permit. Under the current regulations do not contain an equivalent requirement. This means that subsequent shipments are either not documented or are retroactively transferred to another permit. The requirement for an official authorization will make this process more transparent. In order to provide flexibility with regards to this authorization, it is proposed that the regulations not prescribe the process for applying for such an authorization or its possible form and content.

This Part will provide the control regime for approving the transit of hazardous wastes or hazardous recyclable materials through Canada or its waters.

66. For the purposes of subsection 185(1) of the Act, where Canada is only a country of transit, a person may import and subsequently export a hazardous waste or hazardous recycable materials only if:

  1. the import or export of that hazardous waste is not prohibited under the laws of Canada;
  2. the carrier is insured in accordance with these regulations;
  3. the transit complies with all applicable federal, provincial and municipal laws;
  4. copies of the movement document are submitted upon entry into and exit from Canada; and
  5. the conditions concerning the movement document in Part 4.1, above, are complied with.

With the exception of submitting copies of the movement document for transits solely through territorial waters, the current provisions are effective.

This Part describes insurance requirements.

67. Permit holders and carriers of a hazardous waste or hazardous recyclable materials must have insurance for:

  1. any damages to third parties for which the permit holder or carrier is responsible; and
  2. any costs imposed by law on the permit holder or carrier to clean up the environment in respect of any hazardous waste or hazardous recyclable materials that is released into the environment.

68. In the case of permit holders, the amount of insurance in respect of an export or import shall be at least $5,000,000 for hazardous wastes and $1,000,000 for hazardous recyclable materials.

69. For carriers, the amount of insurance in respect of each shipment shall be the amount required by the law of the country in which the hazardous waste or hazardous recyclable materials is carried.

70. The insurance shall cover liability arising:

  1. For exports, from the time the shipment commences to the time an authorized facility
    (including a facility in Canada if the waste or recyclable is returned to Canada in accordance with the regulations) accepts delivery;

  2. For imports, from the time the hazardous waste or hazardous recyclable material enters Canada to the time an authorized facility in Canada accepts delivery, or to the time the hazardous waste or hazardous recyclable material leaves Canada in compliance with the repatriation of the shipment; and

  3. Where Canada is a country of transit, from the time the hazardous waste or hazardous recyclable material enters Canada to the time it leaves Canada.

These are the same provisions as in the current EIHWR.

This Part provides the basis for issuing permits of equivalent level of environmental safety (PELES), as authorized by Section 190 of CEPA 1999. This is essentially the same PELES regime as is in the draft Interprovincial Regulations.

Applying for a PELES

71. A person must apply in writing for a permit of equivalent level of environmental safety to the Minister or a designated person and must include the following information:

  1. if the applicant is an individual, the name of the individual;
  2. if the applicant is a company or an association, the names of the company or association and each association member, as they appear in letters patent, articles of incorporation or any other document that shows their legal identity;
  3. the address of the place of business of the applicant;
  4. the telephone number, including the area code, and, if applicable, the electronic mailing address and the facsimile number of the applicant;
  5. if a person submits an application on behalf of a company or an association, the person's name and position and the telephone number, including the area code, and address of the person's place of business;
  6. the provincial/ federal hazardous waste/hazardous recyclable material registration number of the applicant (where available);
  7. the hazard classification of the hazardous waste or hazardous recyclable material, including the composition and percentage (specified by volume, mass) of each hazardous chemical;
  8. the current provincial authorization issued for the hazardous waste or hazardous recyclable material;
  9. whether the permit of equivalent level of environmental safety is requested for transport by road vehicle, railway vehicle, aircraft or ship;
  10. a description of the proposal for a permit of equivalent level of environmental safety, including:
    • the length of time or the schedule of activities for which the permit of equivalent level of environmental safety is requested,
    • the requirements of the Act or these Regulations that the applicant proposes not to comply with,
    • the manner in which the activity will be carried out and how that manner will provide a level of environmental safety at least equivalent to that provided by compliance with the Act and these Regulations, and
    • drawings, plans, calculations, procedures, test results and any other information necessary to support the proposal;
  11. the name, position and business telephone number, including the area code, of the person who can be contacted regarding the permit of equivalent level of environmental safety and who is authorized by the applicant to speak on the applicant' s behalf; and,
  12. a summary of the proposal suitable for publication as part of the PELES review process.
Publication

72. The Minister will publish in the CEPA Registry a copy of each application summary as per 71(12) above and subsequently each PELES issued.

Issuance of a PELES

73.

  1. The Minister or a designated person may issue a permit of equivalent level of environmental safety valid for a period of up to three years (unless the PELES is revoked under the authority of subsection 190(2) of CEPA 1999) if the Minister determines on the basis of the information available, including information submitted with the application and any comments provided under paragraph 78, that the activity authorized by the permit of equivalent level of environmental safety:
    1. will provide a level of environmental safety at least equivalent to that provided by compliance with the Act and these Regulations; and
    2. is consistent with international agreements binding on Canada.
  2. If an application for a permit of equivalent level of environmental safety is refused, the Minister or a designated person must notify the applicant, in writing, of the refusal and the reasons for the refusal.
Applying for Renewal of a PELES

74. A person must apply in writing to renew a permit of equivalent level of environmental safety to the Minister or a designated person and must include the following information:

  1. if the applicant is an individual, the name of the individual;
  2. if the applicant is a company or an association, the names of the company or association and each association member, as they appear in letters patent, articles of incorporation or any other document that shows their legal identity;
  3. the address of the place of business of the applicant;
  4. the telephone number, including the area code, and, if applicable, the electronic mailing address and the facsimile number of the applicant;
  5. if a person submits an application on behalf of a company or an association, the person's name and position and the telephone number, including the area code, and address of the person's place of business;
  6. certification that the information provided in the original application is still accurate and complete, except for subparagraph (j)(i) regarding the length of time or the schedule of activities for which the permit of equivalent level of safety was requested;
  7. the length of time or the schedule of activities for which a renewal is requested; and
  8. the name, position and business telephone number, including the area code, of the person who can be contacted regarding the permit of equivalent level of safety and who is authorized by the applicant to speak on the applicant's behalf.
Publication

75. The Minister will publish in the CEPA Registry a copy of each PELES renewal.

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. The provisions outlined above are consistent with those in the Interprovincial Regulations. The two main additions are:

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 application would have to describe the specific type of variance requested. In support of the variance, the application would have to provide a full description and characterization of the waste or recyclable material, as well as the proposed management throughout the transboundary movement and the type of D or R operation to which it would be subjected.

This Part describes the criteria and other relevant provisions regarding the application of Subsection 185(2) of CEPA 1999.

Definitions

76. In this part, "authorized auditor" means a Certified Environmental Auditor or an appropriate Registered Professional in the jurisdiction of the facility.

Criteria
Imports

77.

  1. A person who imports hazardous wastes or hazardous recyclable materials shall only import such waste or materials to a site in Canada, as well as any final destination, where the owner or the operator of the site has implemented an environmental management system that includes at least the elements set out in paragraph 79.
  2. A person holding a valid import permit at the time of entry into force of the regulations, within 90 days of the entry into force of these regulations shall file a declaration with the Minister stating that the hazardous waste management or recycling activity at the place of destination:
    1. has an environmental management system as required in paragraph 79;
    2. is authorized with respect to receipt and management of that hazardous waste or hazardous recyclable materials by the applicable laws of the jurisdiction where the facility is located, and
    3. has taken into account the objectives of the applicable international and domestic guidelines and standards listed in Schedule 7.
  3. A person not holding a valid import permit at the time of entry into force of the regulations and who proposes to import hazardous waste or hazardous recyclable materials for the first time after the entry into force of these regulations shall file a declaration with the Minister stating that the hazardous waste management or recycling activity at the place of destination:
    1. has an environmental management system as required in paragraph 79;
    2. is authorized with respect to receipt and management of that hazardous waste or hazardous recyclable materials by the applicable laws of the jurisdiction where the facility is located, and,
    3. has taken into account the objectives of the applicable international and domestic guidelines and standards listed in Schedule 7.
  4. At the time of notification, any person who proposes to import hazardous waste or hazardous recyclable material shall sign the certification in the notice that the proposed shipment is destined to the nearest appropriate facility and consistent with the declaration given under s.77(2) or 77(3) or, if not, shall send a revised declaration with the same information as required under s. 77(2) or 77(3).
Exports

78.

  1. A person who exports hazardous wastes or hazardous recyclable materials shall only export such waste or materials to a facility, including any final destination, which is authorized with respect to receipt and management of that hazardous waste or hazardous recyclable materials by the applicable laws of the jurisdiction where the facility is located and which takes into account the objectives of the applicable international guidelines in Part B of Schedule 7.
  2. For any person holding a valid export permit at the time of entry into force of the regulations, a person who exports hazardous waste shall file a declaration with the Minister within 90 days of the entry into force of these regulations stating that the place of destination has an environmental management system as described in paragraph 79 and that the person has verified that the facility meets the requirements of section 78(1).
  3. For any person not holding a valid export permit at the time of entry into force of the regulations, a person who proposes to exports hazardous waste or hazardous recyclable materials for the first time after the entry into force of these regulations shall file a declaration with the Minister stating that the place of destination has an environmental management system as described in paragraph 79 and that the person has verified that the facility meets the requirements of section 78(1).
  4. At the time of notification, any person who proposes to export hazardous waste or hazardous recyclable material shall sign the certification in the notice that the shipment is destined to the nearest appropriate facility and is consistent with the declaration given under s. 78(2) or 78(3) or if not shall send a revised declaration with the same information as required under s. 78(2) or 78(3).
ESM Requirements

[Note: Text in brackets indicates criteria established in ESM Guidelines and will not be directly included in the regulation.]

79.

  1. Facilities receiving imports or exports of hazardous waste or hazardous recyclable materials shall maintain their environmental management system in place until all the certificate of disposal or recycling for all imports or exports made pursuant to these regulations have been submitted to the Minister [development and implementation of an Environmental Policy and Corporate Commitment to environmental management; incorporate the above along with environmental objectives, targets for key environmental aspects, and auditing protocols into an Environmental Management System; implement, monitor and continually improve the EMS; and make available and submit if requested, the EMS for independent review. ]
  2. For the purposes of these regulations, environmental management system shall consist of:
    1. a mechanism to ensure that the persons operating the facility have an awareness of regulatory infrastructure and enforcement [demonstration of an understand of the domestic and, if relevant, international regulatory framework pertaining to the facility; and perform inspections and correct non-conformances to ensure compliance.]
    2. facility authorization [indication of submission of an application(s) for authorization of the facility to the applicable jurisdiction/agency; and upon approval to proceed, maintain operations in a manner consistent with the mandated terms and conditions.]
    3. an occupational health and safety program [development and implementation of a comprehensive Health and Safety Plan (recognizing potential risks to both employees and neighbours) to protect against hazards; maintain associated records of incidents and complaints and make available for external review; and continually review and revise the Plan.]
    4. a monitoring, recording and reporting program [perform monitoring, recording and reporting requirements; maintaining records and make available for independent review; and develop and implement a communication program for external stakeholders.]
    5. a staff training program [development and implementation of training programmes for all operations personnel; document responsibilities of personnel within the associated procedures; and document/record all training activities within individual personnel files.]
    6. a mechanism to ensure transmission of information to promote waste minimization from the activities related to the hazardous waste or hazardous recyclable materials that are imported or exported [ document and communicate quality requirements with exchange participants to minimize generation of hazardous wastes, optimise recovery; and track and document related process impacts as related to recovery rates, and quality of recovered material.]
    7. a comprehensive Emergency/Contingency Plan [conduct associated and, as required, emergency rehearsals; make available and submit if requested, the Emergency Plan for independent review; and track and report defined emergencies, and their outcomes.]
    8. a closure and after-care plan [incorporating clean-up criteria, plans and procedures (including post-closure monitoring requirements); review and update the Closure and After-Care Plan on a regular basis; make available and submit if requested, the Plan for independent review; and obtain and maintain any required financial assurance instruments.]
Authority to require additional information and third party certification

80. In exercising the powers to refuse to issue a permit under ss.185(2) of the Act, the Minister may require the permit applicant to provide additional information or the results of an audit by an authorized auditor of any element described in paragraphs 77 and 78, above.

Repeat Permit Applications

81. The Minister may take into account a permit for similar activities previously provided to the applicant under Section 185 of CEPA 1999.

This regulation will provide for the ESM regime in two parts. The model for ESM developed by Environment Canada will rely on a combination of "core performance elements" plus detailed standards for various facilities and operators, the compliance with which is managed under an environmental management system. Paragraph 22 in the Part 5.1 provisions together with s. 77.(4) and s. 78.(4) regarding the Notice requires that permit applicants self-certify that the shipment will be handled in an environmentally sound manner. In turn, paragraph 79 describes the criteria and standards for which that self-certification must account. This Part also authorizes the Minister, on a case-by-case basis, to require additional information or a third party auditing by an "authorized auditor."

Notes:

Section 188 of CEPA 1999 creates a new authority for the Minister of the Environment. The Minister may require an exporter or class of exporters of hazardous waste or prescribed non-hazardous waste for final disposal to submit and implement a plan "for the purpose of reducing or phasing out" those exports. Once such a requirement is imposed, the Minister may refuse to issue an export permit if the plan is not submitted or implemented.

Section 191(g) of CEPA 1999 authorizes the Government to develop regulations respecting these plans "taking into account: i) the benefit of using the nearest appropriate facility, and ii) changes in the quantity of goods the production of which generates hazardous waste to be disposed of by an exporter or class of exporters." This Part responds to that authority.

Definition of "exporter"

82. For the purpose of this Part, "exporter" includes the generator of the hazardous waste for which a permit to export is applied under these regulations.

Authority to require plans

83.

  1. The Minister may, at any time, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any exporter or class of exporters described in the notice to prepare and implement a plan for reducing or phasing out the export of hazardous waste.
  2. The notice may specify:
    1. the waste or group of wastes in relation to which the plan is to be prepared;
    2. the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared;
    3. the factors to be considered in preparing the plan;
    4. the levels of export reduction to be achieved;
    5. the date by which the plan must be submitted to the Minister;
    6. the period within which the plan is to be implemented, including interim implementation dates;
    7. the information to be included in the plan to be submitted to the Minister;
    8. the information to be included in the declarations of implementation; and
    9. any administrative matter necessary for the purposes of this Part.
Extension of time

84.

  1. Where the Minister is of the opinion that further time is necessary to prepare or implement the plan, the Minister may extend the period for a person who submits a written request before the expiry of the period referred to in the notice or of any extended period.
  2. The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or implementation of the plan, and the duration of the period of the extension.
Application for waiver

85. On a written request submitted by any person to whom a notice to prepare a plan is directed, the Minister may waive the requirement for that person to consider a factor specified under paragraph 83(2)(c) where the Minister is of the opinion that it is not reasonable or practicable to consider the factor on the basis of reasons provided in the request.

Right to use a plan prepared for another purpose:

86.

  1. Subject to subparagraph (2), where a person who is required to prepare or implement a plan has prepared or implemented a plan for reducing or phasing out the export of hazardous waste on a voluntary basis or for another government or under another Act of Parliament that meets all or some of the requirements of the notice, the person may use that plan for the purposes of meeting these requirements.
  2. Where a person uses a plan under subparagraph (1) that does not meet all of the requirements of the notice, the person shall:
    1. amend the plan so that it meets all of those requirements; or
    2. prepare an additional plan that meets the remainder of those requirements.
Requirement to keep plan

87. Every person who is required to prepare a plan shall keep a copy of the plan at the place in Canada in relation to which the plan is prepared.

Review process

88. The regulations will provide for the right of affected persons to submit a notice of objection to a decision under Section 188 of CEPA 1999, and will authorize the Minister to establish a Board of Review, either under Sections 334 to 341 of CEPA 1999 or under a similar process.

Authority to issue a model plan

89. For the purpose of providing guidance in the preparation of a plan, the Minister may publish in the Canada Gazette or in any other manner that the Minister considers appropriate a model waste reduction plan or a notice stating where a copy of the plan may be obtained.

Authority to issue guidance material concerning circumstances under which the Minister will require a plan

90. The Minister may develop a policy document or guidelines respecting the circumstances in which and the conditions under which waste reduction planning is appropriate.

The above provisions are modeled on the pollution prevention planning provisions in Part 4 of CEPA 1999. These provisions clarify the Minister's authority to require waste reduction plans, including the obligation to meet deadlines and submit various declarations of progress. The key changes from the CEPA pollution prevention provisions are:

Insert from Interprovincial Regulations

Insert from Interprovincial Regulations

Insert from Interprovincial Regulations

Insert List 1, 2 and 3 from Interprovincial Regulations (100 waste types plus biomedical waste, used oil and glycols, plus all listed known hazardous chemical substances in Transportation of Dangerous Goods Regulations), adding a specific entry for electronic scrap taking into account the entry under the Basel Convention: Waste electrical and electronic assemblies or scrap containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or contaminated with Annex I constituents (e.g., cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they possess any of the [hazard] characteristics contained in Annex III.

Add a List 4, which will be based on the list in Annex IX of the Basel Convention and List 5, substances which require pretreatment prior to landfill.

Take from Interprovincial Regulations criteria for gases, flammable liquids, flammable solids, oxidizers, poisonous, corrosive, environmentally hazardous and leachate toxicity.

The regulation may include the following forms as schedules:

This list should refer to the standards, etc. "as amended from time to time"

List of Guidelines from the Canadian Council of Ministers of the Environment, Environment Canada guidelines or other requirements under the Canadian Environmental Protection Act and Canada-wide standards

List of Basel and OECD Guidelines


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