Hazardous waste and hazardous recyclable materials - May 2022 News Bulletin

What’s new

Two new guides available online

The Canadian Notification and Movement Tracking System: User guide (CNMTS guide) and the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations: User guide (XBR guide) were published in March 2022.

The CNMTS guide is designed as a reference document specific to the CNMTS web application and was developed to assist users of the CNMTS.

The XBR Guide only covers the international movement portion of the XBR. It will be useful to anyone who generates, handles, transports, exports, imports, treats, recycles, stores, or disposes of waste or recyclable materials where international shipments are involved, to help understand and implement the XBR requirements.

On your radar

Review of Definitions of ‘Hazardous Waste’ and ‘Hazardous Recyclable Materials’ under the XBR

On April 6, 2022, Environment and Climate Change Canada (ECCC) published a discussion document on the Review of the Definitions of Hazardous Waste (HW) and Hazardous Recyclable Materials (HRM) under the Cross-Border Movement of Hazardous Waste and Hazardous Recyclable Materials Regulations (XBR).

Under the authority of the Canadian Environmental Protection Act, 1999, the XBR ensure that shipments of HW and HRM crossing Canada’s international, inter-provincial, and territorial borders reach their intended destination thus reducing the risks of release of contaminants to the environment.

As the types of HW and HRM being managed over the years have changed in terms of their composition, constituents, and characteristics, and new streams of HW and HRM have been brought to market, ECCC is undertaking a review of the definitions of HW and HRM. ECCC invites you to review the discussion document and provide your comments, by Monday, May 23, 2022, to the following email address: mt-tm@ec.gc.ca. While the focus of the discussion document targets the definitions of HW and HRM, we also welcome other comments related to the XBR.

Reminder: The Canadian Notice and Movement Tracking System (CNMTS) is mandatory

Since the coming into force of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (XBR) on October 31, 2021, it is mandatory to create your movement documents using the CNMTS. The old carbon copies no longer meet the regulatory requirements. Please consult the CNMTS guide presented in the What’s new section to learn how to use the system.

Tips to fill out Movement Document Part B (Carrier information)

When filling out a movement document, it is important to remember that Part B is mandatory and must be completed before Part C is submitted to the Minister, otherwise it is a violation of the Regulations. Part B becomes available in CNMTS once the Movement Document (MD) number is generated.

In CNMTS, when you select Part B, you will find 2 tabs:

• Tab 1 Select Carriers – Add carriers in this Tab before moving to Tab 2;
• Tab 2 Update Carrier Information.

If a carrier is not authorized in one or more permits, a compliance flag will appear. A carrier that is not authorized for a proposed movement in a corresponding active permit should not be added to a given MD because it is a potential violation of the XBR.

Exports of plastic, paper and metal scrap

The export of plastic, paper and metal scrap to another country may be controlled under the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (XBR). This is because the definition of hazardous waste and hazardous recyclable material in the XBR captures many scrap/waste commodities that are not commonly considered hazardous in Canada. A waste or recyclable material is considered as hazardous in the XBR; and its export is prohibited without a permit from ECCC if:

• its import has been prohibited by the country of destination;
• it is considered hazardous by the state of import or transit; or
• it is prohibited for import if certain requirements are not met.

Application of the XBR to scrap or waste shipments will continue to evolve as additional countries implement further rules and bans on various waste/scrap/recyclable material. Stay aware of evolving controls around the world to comply with permit and other requirements applicable to exports of these wastes/scraps/recyclable materials.

For more information, please visit the ECCC website on the XBR at canada.ca/hazardous-waste. For questions you may have on your commodity, destination, and XBR requirements, please contact notification@ec.gc.ca.

Share your thoughts

We would like to hear from you. If you have a success story to share, feedback on your experience with the Canadian notification and movement tracking system (CNMTS), or are just looking for general information on the federal hazardous wastes regulations, please contact your regional office:

• Pacific & Yukon: dechets-py-waste@ec.gc.ca
• Prairie & Northern: promconrpn-compropnr@ec.gc.ca
• Ontario: promcon-on-compro@ec.gc.ca
• Quebec: dechets-qc-waste@ec.gc.ca
• Atlantic: promo-atl-compro@ec.gc.ca

For more information, visit the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations - Overview page.