Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations - User Guide: chapter 7


Appropriate Authorities

After Waste Reduction and Management Division (WRMD) has received the notification and its accompanying documents, a thorough administrative and technical review of the accuracy and completion of the application is conducted. If the notification meets all regulatory requirements, the information is forwarded to the appropriate competent authorities.

In the case of an export to a country that is a party to the Basel Convention, WRMD submits the notification information to the competent authority in the country of import, as designated under the Basel Convention, for review and consent. For exports to the United States of America (USA), the notification information is sent to the United States Environmental Protection Agency (US EPA). If applicable, the notification is also sent to the competent authorities of all transit countries.

In the case of an import, WRMD submits the notification information to the appropriate authorities in the province or territory where the disposal or recycling operation is to take place, since the provinces and territories license the treatment facilities.

Environment and Climate Change Canada must receive acknowledgement from the authority that has jurisdiction over the receiving facility that the hazardous waste or hazardous recyclable material is authorized for disposal or recycling. If any competent authority objects, the shipment cannot proceed.

The Minister will issue a permit once the notification has been satisfactorily completed and all authorizations are in place. Imports, exports, or conveyances in transit of hazardous waste or hazardous recyclable material are prohibited without a permit.

Tacit consent is a government-to-government mechanism under OECD Decision C(2001)107/Final and the Canada-USA Agreement. This mechanism allows Environment and Climate Change Canada to issue 30-day tacit consent for hazardous recyclable materials exported to or imported from a country that is subject to the OECD Decision. Environment and Climate Change Canada may also issue 30-day tacit consent for hazardous waste and hazardous recyclable material under the Canada-USA Agreement. These provisions have not been included in the Regulations, as they are best addressed administratively.

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