Comments and Reply: Decoupling the Definition of Waste and Recyclables

A number of comments were received with respect to the decoupling of the definition of hazardous waste and hazardous recyclable material.

An environmental group commented that they do not support the decoupling of the definitions.

The European Community questioned this proposal.

A number of industry and association stakeholders supported this distinction but felt that the proposed Regulations did not go far enough to decouple hazardous wastes from hazardous recyclable materials.

Response: The proposed Regulations are consistent with both the Basel Convention and the modified conditions of the OECD Decision, which set out similar requirements for the control of both hazardous wastes and hazardous recyclable materials.

Establishing requirements for transboundary movements under one regulatory regime is, therefore, justified for the following reasons:

• it is consistent with Canada's international obligations;
• it avoids the duplication of regulatory regimes;
• it ensures streamlining and integrated policy objectives;
• it minimizes the resources required by both industry and government to implement the regulations;
• it is better aligned with international and provincial approaches; and
• it enhances compliance, safety, and security.

Different requirements are proposed for the control of recyclable materials to promote a sustainable recycling industry in Canada in accordance with the OECD Decision. They include:

• exemptions for specific low-risk recyclable material destined for an authorized recycling facility within the OECD,
• lower insurance requirements; and
• permission to use brokers.

To address the stigma issue raised by industry regarding hazardous recyclable material, the "manifest" used to track movements has been re-named the "movement document". In addition, the Canadian importer or exporter may now sign the movement document on behalf of the foreign exporter or importer if the recyclable or waste is not regulated in the foreign country. This eliminates the regulatory burden on the Canadian industry's foreign counterpart.