Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations - User Guide: chapter 11


Summary of Conditions on Returns

Under Part 7, Division 8 of CEPA, a new permit to export or import for the purposes of a return must be obtained in order to return hazardous waste or hazardous recyclable material that is refused or cannot be disposed of or recycled in accordance with the original import or export permit.

The provisions for returns set out in Part 5 of the Regulations are intended to facilitate returns of waste or recyclable material to either the exporting country and the original foreign exporter, or to Canada and the original Canadian exporter, as required under international agreements.

A simplified notification procedure for obtaining a new permit to export or import for the purposes of a return has been incorporated into the Regulations, given that contracts and consent already exist between the original parties.

Once the notification to return waste or recyclable material has been approved by the Minister, a permit is issued for the export or import for the purpose of a return. The return is destined to the facility from which the waste or recyclable material was initially shipped.

11.1 Returns to Canada (Imports for the Purposes of a Return)

If the hazardous waste or hazardous recyclable material is refused or if it cannot be disposed of or recycled in accordance with the export permit, the original Canadian exporter must make arrangements to

  • import the hazardous waste or hazardous recyclable material back to the Canadian exporter at the facility set out in the original export permit from which it was shipped, in accordance with the return provisions set out in section 34 of the Regulations, or
  • dispose of or recycle the waste or material at an alternate facility in the country where it was refused (the Canadian exporter must first receive confirmation from the Minister, by letter, that the alternate facility is authorized.

Notification Procedure

In submitting a notification for a new import permit for the purposes of a return, the original Canadian exporter must advise the Minister of the following:

  • the name, civic and mailing addresses, e-mail address, and contact person for the Canadian exporter, the foreign receiver, and any authorized carriers that were not named in the original export permit (verification of the authorization of such carriers must be completed before a return permit can be issued)
  • the name and policy number of each insurance company, as required under Section 37 of the Regulations
  • the quantity of hazardous waste or hazardous recyclable material that will be returned, using the same unit of measure as in the original export permit
  • if the quantity being returned is less than the quantity that was originally exported, the reason for the difference
  • the port of entry through which the return will take place, and the customs office at which the import of hazardous waste or hazardous recyclable material will be reported
  • the notice number and line-item number, as noted in the original export permit, of the hazardous waste or hazardous recyclable material that is being returned to Canada.

New Import Permit

Once a new import permit has been received for the purposes of returning hazardous waste or hazardous recyclable material to Canada, the original Canadian exporter must

  • return the waste or material to the facility from which it was originally exported, using the authorized carriers and the port of entry named in the new import permit,
  • ensure that copies of the new import permit for the purposes of a return and the new movement document (with Parts A Footnote1 and B completed, and clearly indicating that the waste or material is being returned to Canada),
    • accompany the waste or material, and
    • are provided to the customs office where the return is to be reported, and
  • submit a completed copy of the new movement document to the Minister, to all authorized carriers involved, and to the authorities of the province of import, if they ask for it.

11.2 Returns to the Country of Export (Exports for the Purposes of a Return)

If the hazardous waste or hazardous recyclable material is refused or if it cannot be disposed of or recycled in accordance with the import permit, the original Canadian importer must make arrangements to

  • export the waste or material back to the foreign exporter at the facility set out in the original import permit from which it was shipped, in accordance with the return provisions set out in section 35 of the Regulations, or
  • dispose of or recycle the waste or material at an alternate facility in Canada (the Canadian importer must first receive written confirmation from the Minister, by letter, that the alternate facility is authorized).

Notification Procedure

In submitting a notification for a new export permit for the purposes of a return, the original Canadian importer must advise the Minister of the following:

  • the name, civic and mailing addresses, e-mail address, and contact person for the Canadian importer, the foreign exporter, and any authorized carriers that were not named in the original import permit (verification of the authorization of such carriers must be completed before a return permit can be issued),
  • the name and policy number of each insurance company, as required under Section 37 of the Regulations,
  • the quantity of hazardous waste or hazardous recyclable material that will be returned, using the same unit of measure as in the original import permit,
  • if the quantity being returned is less than the quantity that was originally imported to Canada, the reason for the difference,
  • the port of entry through which the return will take place and the customs office where the export of hazardous waste or hazardous recyclable material will be reported,
  • the notice number and line-item number, as noted in the original import permit, of the hazardous waste or hazardous recyclable material that is being returned to the country of export.

New Export Permit

Once a new export permit has been issued for the purposes of returning hazardous waste or hazardous recyclable material to the foreign country from which it was exported, the original Canadian importer must

  • return the waste or recyclable material to the foreign facility from which it was originally exported, using the authorized carriers and the port of exit named in the new export permit,
  • ensure that copies of the new export permit for the purposes of return and the new movement document (with Parts A Footnote2 and B completed, and clearly indicating that the waste or material is being returned to the foreign country of export),
    • accompany the waste or material, and
    • are provided to the customs office where the return is to be reported, and
  • submit a copy of the completed movement document to the Minister, to all authorized carriers involved, and to the authorities of the province of export, if they ask for it.
Table 5: Conditions for Returns
Condition Description
Applicability All returns of hazardous waste or hazardous recyclable material to Canada (after it has been exported from Canada under a permit) or to the foreign country of export (after it has been imported into Canada under a permit).
Insurance The Canadian exporter or Canadian importer (as the case may be) and all authorized carriers must be insured (see section 37 of the Regulations).
Permit No return can proceed unless the Minister is notified and an export or import permit for the purposes of a return is issued. Under the Regulations, notification serves as the application for the return permit.
Movement Document

The reference number of the notice and line-item number for each waste or recyclable material is on the movement document.

Either the original foreign receiver (in the case of a new import permit for the purposes of return) or the original Canadian importer (in the case of a new export permit for the purposes of a return) must complete Part A of a new movement document. The authorized carriers must fill out Part B.

The movement document and either the export or import permit for the purposes of a return, as the case may be, must accompany the hazardous waste or hazardous recyclable material during transport. Copies of these documents must also be provided to the appropriate customs office.

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