Comments and Reply: Other General Comments

Response: Prior informed consent (PIC) is still required under the proposed Regulations, consistent with obligations set out by Canada's international agreements. Section 185 of CEPA 1999 details this requirement: prior to an import, export, or transit, advance notice must be submitted to the Minister; a permit may be granted following a review of the notice and approval from the authorities in the jurisdiction of destination.

Response: The "Characteristic of Ignitability" (D001) under U.S. Regulations, is to a large degree equivalent to the hazardous-property criterion of Class 3 (Flammable Liquids) under the TDGR.

Response: Such a provision is not deemed necessary, as the definitions of hazardous waste and hazardous recyclable material have been decoupled. If a portion of a material is destined for recycling, it will fall under the hazardous recyclable material definition.

Response: Insurance must be valid for the duration of the permit and any subsequent returns. As such, the name and number of the necessary insurance policy must be provided upon notification, and must remain valid for the duration of the permit.

Response: There is a provision in the proposed Regulations to include Appendix 5 of the TDGR. PCBs are listed in this appendix at a threshold of 50 ppm, therefore, any waste or material destined for disposal or recycling that contains 50 ppm or more of PCBs is subject to the proposed Regulations. The TDGR prescribe a specific UN Pin Number for PCBs for shipping and documentation purposes. In this case, UN 2315 should be included on the tracking document.

Response: If a waste or recyclable material is intended for an operation listed in Schedule 1 or Schedule 2 and exhibit a hazard, it is subject to the proposed Regulations.

Response: This has been corrected.

Response: Environment Canada agrees that there should be a coming-into-force period for the proposed Regulations. The date on which the Regulations come into force will be at least 90 days after their publication in The Canada Gazette, Part II. Permits issued prior to this date will remain in force until their expiry date.

Response: The conditions of the Basel Convention prohibit hazardous wastes, including recyclable materials, from being exported south of 60^o latitude (Antarctica). This is reflected in the proposed Regulations as a condition of export. In the case of an import into Canada, the hazardous waste or hazardous recyclable material may only be destined for an authorized facility, as granted by the provinces and territories.

Response: The TDGR address safety in transport. CEPA 1999 and the proposed Regulations implement Canada's international obligations of prior informed consent. Batteries are listed specifically in the Basel Convention, and are incorporated by reference in Appendix 4 of the OECD Decision. Lithium-metal batteries fall within the boundaries of Class 9 wastes or materials that require control under Federal Regulations, while lithium-ion batteries do not.

Response: The OECD Decision requires that facilities be authorized to receive and manage materials. The United States prescribes management practices with respect to hazardous waste, including hazardous recyclable material. It should be noted that certain recyclable materials are excluded from the definition of hazardous waste under U.S. legislation, and that facilities managing these wastes may be subject to modified waste-management requirements.

Response: To the extent possible, steps have been taken to minimize cross references in the proposed Regulations. However, rather than repeat the provisions of the TDGR in the proposed Regulations, Environment Canada concluded that it was more appropriate to reference the hazard criteria and related tests.

Response: The proposed Regulations include provisions to allow rail carriers to use the rail consist in place of the movement document, provided that the movement document is sent to the next authorized carrier, importer, or foreign receiver.