Hazardous waste and hazardous recyclable materials - September 2021 News Bulletin

What’s new

The Canadian Notice and Movement Tracking System (CNMTS) becomes mandatory - Tips and tricks to help you use it

Using the CNMTS to create your movement documents will be mandatory with the entry into force of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (XBR) on October 31, 2021. Learning how the system works may be confusing at first. Here are some tips and tricks to ensure you remain compliant.

1. Movement documents can be created and printed from the CNMTS.
2. You can prepare and print your documents in advance of shipping. The regulations do not require that you wait for the truck to be at your door. Take advantage of this, prepare your documents in advance, and avoid last minute, unexpected potential problems, such as a power outage, internet or computer failure or CNMTS downtime.
3. Limit delays and issues by printing a few copies of blank movement documents for each valid permit. The CNMTS allows you to create movement documents without submitting them to ECCC.
4. Please note that you do not need to submit your movement documents to the Minister before you can print a manifest document. Submitting it in advance could result in non-compliance due to missing information that was unavailable at the time of printing. If the permit expires before you can use all printed blank manifests, you can simply delete them in the system and create new manifests with a valid permit number, if needed.

Entry into effect of the Basel Convention plastic amendments and impacts on the Canadian control of the transboundary movement of plastic waste

Did you know that due to the entry into effect of the Basel Convention plastic amendments on January 1, 2021, exporting or conveying in-transit plastic waste in foreign countries can be subject to the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) or to the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (XBR)? These new rules apply to plastic wastes that are listed either in Annex II or VIII to the Basel Convention that are exported to a Party to the Convention.

When plastic wastes are controlled, the EIHWHRMR and the XBR require that you obtain an export permit. In the case of an unlawful export, you will have to make all necessary arrangements to return the shipment to Canada or to an alternative destination, and could be prosecuted for violation of the provisions of the Canadian Environmental Protection Act, 1999 and the EIHWHRMR or XBR. The Basel Convention website can provide useful information, especially entries Y48 of Annex II and A3210 of Annex VIII, which can help you determine if the plastic wastes you plan to export are subject to the regulations. This will remain unchanged with the entry into force of the XBR.

It is the responsibility of the Canadian exporter to determine whether a particular waste stream or recyclable material meets the definition of hazardous waste or hazardous recyclable material under the EIHWHRMR or XBR.

On your radar

Main EIHWHRMR and XBR Regulatory Requirements

Are you newly regulated or potentially regulated? Here are some of the basic requirements that you should keep in mind if you plan to export (or import) waste or recyclable material:

1. If your shipment is captured by the definition of hazardous waste or hazardous recyclable material, you need to obtain a permit prior to any shipment. We recommend that you apply well in advance as the permitting process can take a few months.
2. Please note that additional waste types will be controlled following the entry into force of the XBR effective October 31, 2021. For example, new requirements will apply to some waste batteries and electronic wastes. Refer to the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations webpage for additional information, and to read the Regulations.
3. During shipment, a movement document (also known as transport manifest) is always required when you’re shipping hazardous waste or hazardous recyclable material, even when you have a valid permit.
4. Once final disposal or recycling is completed, a confirmation of disposal or recycling must be submitted.

US EPA notification system shutdown between October 31, 2021, and January 17, 2022

We were recently informed that between October 31, 2021, and January 17, 2022, the US EPA notification system will be shut down and will not accept new notifications due to system maintenance.

If you require a permit (new or renewal of an expired one) between now and the end of the first quarter 2022, we recommend that you submit in the Canadian Notice and Movement Tracking System (CNMTS) your complete import and export notices to/from the US prior to October 15, 2021.

Permits issued by ECCC under the XBR for imports/exports to/from the US will be delayed due to the overlap between the coming into force of the regulations and the US blackout period.

Note that:

• The CNMTS remains in operation during the US EPA system blackout period;
• Transit notices will not be affected during the US EPA system blackout period;
• Import and export notices for other countries will not be affected.

Share your thoughts

We would like to hear from you. If you have a success story to share, feedback on your experience with the electronic notifications system, or are looking for general information on the federal hazardous wastes regulations, 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