Permits of equivalent levels of environmental safety (PELES)

Section 190 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) gives the Minister the authority to issue a permit authorizing any activity to be conducted in a manner that does not comply with the requirements of Division 8, Part 7 of CEPA 1999 (Control of Movement of Hazardous Waste and Hazardous Recyclable Material and of Prescribed Non-Hazardous Waste for Final Disposal), including requirements of the regulations made under Division 8. Such a permit is called a Permit of Equivalent Level of Environmental Safety (PELES)

In order to issue a PELES, the Minister must be satisfied that the proposed activities provide a level of environmental safety at least equivalent to that provided by compliance with Division 8. CEPA authorizes the issuance of permits of equivalent level of environmental safety (PELES), which may be used to obtain a variance from the Regulations under specific conditions. Variances must be consistent under Canada’s international obligations, and are issued on a case-by-case basis.

Current PELES issued under section 190 of CEPA 1999 are the following:

Individuals and companies are entitled to claim information under the Canadian Environmental Protection Act, 1999 and its regulations as confidential. Where the Act or other legislation prohibits the disclosure of such information, it has been "masked" to protect it from disclosure.

Application for a PELES should be made in writing to the Minister at the following address: ec.notification.ec@canada.ca

The following information should be provided when requesting a PELES:

  • the name of the regulation and specific sections of the regulation from which the variance is being requested
  • the applicant’s complete contact information, including a Canadian address and the name of a contact person
  • a description of the applicant’s activities/procedures, in order to provide a clear picture of what happens during a transboundary movement of hazardous waste or hazardous recyclable material under various scenarios
  • a description of the hazardous waste or hazardous recyclable material to be transited
  • an explanation and justification of the mechanism or alternate activity the applicant plans to use to provide a level of environmental safety equivalent to that provided by the regulation.
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