1. Introduction

• 1.1 Purpose of this Paper
• 1.2 Structure of this Paper
• 1.3 Next Steps

This paper is intended to support a national set of multi-stakeholder consultations on proposed reforms to the Export and Import of Hazardous Waste Regulations (EIHWR). Environment Canada (EC) will host these consultations during January and February of 2003. The purpose of these consultations is twofold:

• To present and obtain feedback on a fairly comprehensive set of proposed revisions to the current regulations for the export and import of hazardous wastes and hazardous recyclable materials; and
• To discuss and refine options to address a small number of outstanding issues related to the new regulations for which EC does not yet have a detailed proposal.

These consultations and proposed regulatory reforms build on extensive consultations conducted by EC over the last two years. These have included:

• A preliminary set of national multi-stakeholder consultations on possible reform issues and options in the winter of 2000;
• National multi-stakeholder consultations on possible regulatory reforms in the winter of 2001-02; and
• Various bilateral and other discussions to review specific issues and options.

EC is developing these reforms to the EIHWR in parallel with the new Interprovincial Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

(Interprovincial Regulations) and the new Federal Hazardous Waste Regulations (FHWR). The Department has attempted to ensure as much harmonization as possible between the three regulations, and has incorporated many of the provisions related to classification, documentation and permits of equivalent level of environmental safety (PELES) developed for the Interprovincial Regulations into the proposed reforms to the EIHWR. In addition, the environmentally sound management (ESM) concept is integrated into the FHWR. Where appropriate, some of the same concepts will be applied in the proposed regulations on the import and export of prescribed non-hazardous waste (PNHWR).

This paper presents the proposed revisions to the EIHWR. It focuses primarily on the major changes and additions to the existing EIHWR, although the discussions during these consultations will be considered in finalizing common elements in the Interprovincial Regulations and the FHWR. The paper roughly follows the possible structure of the new regulations themselves. The paper is supplemented by Appendix A, a draft background paper on the new regulations that will be revised following these consultations for use as drafting instructions. It is intended to give stakeholders an overview of the elements of the proposed regulations. However, these are subject to change, based on these consultations and further legal review.

For most of the issues it presents, the paper describes the proposed model for the new regulations. Where EC is still considering options, the paper presents the relevant options, as well as a summary of relevant issues.

Section 2 of this paper provides a very brief summary of the main changes proposed for the new regulations, as well as some of the basic policy objectives underlying these changes.

Sections 3 to 9 then discuss the main reform issues:

• Section 3: scope (determining what waste and material is subject to the regulations);
• Section 4: environmentally sound management (ESM);
• Section 5: new, streamlined notification and tracking requirement;
• Section 6: controls on recyclable materials;
• Section 7: permits of equivalent level of environmental safety (PELES);
• Section 8: waste reduction planning on exports for final disposal; and
• Section 9: access to information.

Appendix B summarizes various issues that will not be incorporated as detailed new provisions in the regulations, but whose status may be of interest to stakeholders participating in the consultation sessions: work on the proposed new guideline on the landfilling of hazardous waste; liability and compensation; electronic exchange of information; and the status of the ban amendment to the Basel Convention.

Environment Canada plans to publish a draft of the new regulations in the Canada Gazette 1 in l late summer 2003, and a final version of the regulations in Canada Gazette 2 approximately six months later.

The Department will provide a written report of the consultations for which this paper has been prepared.