Insurance requirements for hazardous waste or recyclables

This is one of several fact sheets that provide guidance about shipping hazardous waste and hazardous recyclable material across international borders.  Check out other Fact Sheets at Canada.ca.

Who must be insured

  • Canadian exporters and importers.
  • All Authorized Carriers identified in the Notice.

Why insurance is required

The Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations requires liability insurance to ensure that resources are available to provide a timely and appropriate means of dealing with an accident or other incident that may occur.  Insurance may also be required by foreign governments/authorities--this should be confirmed prior to submitting a Notice.  Submission of insurance policy documents in support of the Notice is only needed if required by the foreign authority.  It is the responsibility of the permit holder to ensure appropriate coverage before making a shipment.

Coverage

Liability insurance must cover:

  • Damages to other parties for which the exporter, importer or authorized carrier is responsible; and
  • Costs imposed by law on the exporter, importer or authorized carrier to mitigate damage caused by accidental material release to the environment.

Amount

Each export or import of hazardous waste or hazardous recyclable material must be insured as follows:

For Canadian exporters or importers:

  • at least $5,000,000 for hazardous waste
  • at least $1,000,000 for hazardous recyclable material

For authorized carriers:  the amount required by the laws of the jurisdiction in which the hazardous waste or hazardous recyclable material is transported.

Coverage period

For exports from Canada:

  • From the time the shipment leaves the exporter’s facility to the time an authorized facility accepts delivery of the waste for disposal or the material for recycling.
  • This must include the period during which a shipment is returned to Canada in accordance with section 34 of the regulation, if it is refused.

For imports to Canada:

  • From the time the hazardous waste or hazardous recyclable material enters Canada to the time an authorized facility in Canada accepts delivery of the waste or material.
  • This must include the time the waste or material leaves Canada for return to the country of export in accordance with section 35 of the regulation, if it is refused.

Where Canada is a country of transit:

  • From the time the shipment enters Canada to the time it leaves; on the basis that no operation (interim or final) takes place in Canada.

Check list to avoid delays

  • The Notice identifies the insurance company or the policy number for applicant, and/or every carrier and Authorized Facility.
  • Insurance is provided in accordance with the requirements of the relevant foreign country/authority.
  • When a foreign entity requires submission of insurance policy documents:
    • Details contained in the insurance policy match those in the Notice (e.g. legal company name, period of coverage, etc.).
    • Details of the policy meet regulatory requirements (e.g. coverage and amount.)

Refer to section 37 of the Regulations for details.

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