Export and import of hazardous waste and hazardous recyclable material regulations - user guide

Table of contents

1. Introduction
2. General Information
3. Definitions and Interpretation
4. General Provisions
5. Notification
6. Online Notification and Permit System
7. Appropriate Authorities
8. Contracts and Insurance
9. Summary of Conditions on Exports, Imports and Transits
10. Movement Document
11. Summary of Conditions on Returns
12. Confirmation of Disposal or Recycling
13. Pre-Approved Facilities
14. Waste Export Reductions Plans
15. Refusal to Issue a Permit
16. PELES

Background

In Canada, all three levels of government contribute to environmental protection and have a role to play in managing hazardous waste and hazardous recyclable material.

• Municipal governments manage the collection, recycling, composting, and disposal programs within their jurisdictions.
• Provincial and territorial governments establish measures and criteria for licensing hazardous waste generators, carriers, as well as treatment and disposal facilities, in addition to controlling movements of waste within their jurisdictions.
• The Federal Government regulates transboundary movements of hazardous waste and hazardous recyclable material, in addition to negotiating international agreements.

Canada implements the terms of international agreements to which it is a party through domestic regulations, under the authority of the Canadian Environmental Protection Act, 1999 (CEPA). Canada is party to three international agreements regarding the transboundary movement of hazardous waste and hazardous recyclable material:

• the United Nations Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal,
• the Organisation for Economic Co-operation and Development (OECD) Decision C(2001)107/Final of Council Concerning the Revision of Decision C(92)39/Final on the Control of Transboundary Movements of Wastes Destined for Recovery Operations; and
• the Canada-USA Agreement Concerning the Transboundary Movement of Hazardous Wastes.

In signing these international agreements, Canada made a commitment to develop national legislation to promote the environmentally sound management of hazardous waste and hazardous recyclable material to protect the environment and human health from the risks posed by transboundary movement of waste and recyclable material. This led to the development of regulations, which came into force on November 26, 1992, under the former Canadian Environmental Protection Act. The current Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR or the Regulations), made pursuant to CEPA 1999, revoked and replaced the 1992 regulations in November 2005.