Comments and Reply: Returns and Reroutements
A number of comments were received by both industry and association stakeholders with respect to the return provisions set out in the proposed Regulations.
A provincial stakeholder provided the following comment:
Response: Both the Basel Convention and the OECD Decision set out consistent conditions with respect to returns. In both cases, once the competent authority has been notified of the inability to undertake the intended waste disposal or recycling of material, the return must occur within 90 days.
An association stakeholder provided the following comment.
Response: Part 7, Division 8, of CEPA 1999 provides the authority to import, export, or convey in transit hazardous waste or hazardous recyclable material. In order to return such waste or recyclable material and meet the requirements of CEPA 1999, a new export or import permit must be obtained.
Industry and association stakeholders provided the following comments with respect to the conditions of the returns.
Response: Provisions in the proposed Regulations are intended to facilitate returns of waste or recyclable material to the exporting country and the original foreign exporter or Canada and the original exporter, as required under Canada's international agreements. A simplified procedure for obtaining a new permit to re-export or re-import has been incorporated into the proposed Regulations, given that contracts and consent already exist between the original parties. If a waste or recyclable material is to be returned to a facility that is not the original exporter, or a facility outside Canada, a new notification and contract must be submitted to Environment Canada and a new permit obtained.
Once the notification to return a waste or recyclable material has been approved by the Minister, a permit will be issued for the re-export or re-import of the return to the authorized facility named in the permit.
Environment Canada agrees that a return of waste or recyclable material may require the use of new carriers or alternative border crossings that were not listed on the original export or import permit. As such, the proposed Regulations allow additional carriers and border crossings to be included in the notification for the return. The jurisdictional authorities must grant consent that the new carriers are authorized before a new export or import permit will be issued.
The quantity of waste or material to be returned must be reported in the same units of measure as they were in the original export or import permit.
Environment Canada will consider further clarification through compliance-promotion material.
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