Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations - User Guide: chapter 8


8.1 What Contracts or Arrangements Are Required?

Except in cases where Canada is only a country of transit, the Regulations require the existence of a written contract or series of contracts, in the case of an export: between the Canadian exporter, the foreign receiver, and if applicable, the authorized facilities that will perform the final disposal or recycling operation; or, in the case of an import: between the Canadian importer, foreign exporter, and, if applicable, the authorized facilities that will perform the final disposal or recycling operation.

If the Canadian exporter buys or sells materials for the purposes of recycling, and exports them to a country that is subject to OECD Decision C(2001)107/Final, the exporter must have a contract with the facility from which the material will be exported.

If the Canadian importer buys or sells materials for the purpose of recycling, the importer must have a contract with the facility where the material will be recycled.

Contracts must be signed by all of the parties involved. If the Canadian importer and foreign exporter (or the Canadian exporter and foreign receiver) are the same legal entity, company representatives from both countries must sign the contract.

Copies of all contracts must be submitted to Environment and Climate Change Canada at the same time as the notification information, in order to provide proof that a business arrangement exists between the parties involved.

8.2 What Must the Contract Include?

The contract between the Canadian importer and foreign exporter (in the case of an import) or the Canadian exporter and the foreign receiver (in the case of an export) must contain the following information:

  • a description of the hazardous waste or hazardous recyclable material to be imported, exported,
  • the quantity of the hazardous waste or hazardous recyclable material to be imported, exported,
  • a description of and the code for the recycling or disposal operation set out in Schedule 1 or 2, that will be used as specified in the notice
  • a term indicating that the hazardous waste or hazardous recyclable material will be disposed of or recycled in accordance with the import or export permit

For an import into Canada, the contract must also include

  • a statement requiring the foreign exporter to complete Part A of the movement document (or authorizing the Canadian importer to do so on the foreign exporter’s behalf only if the waste or material is not considered hazardous under the legislation of the country of export) and provide a copy of both it and the import permit to the first authorized carrier prior to shipment,
  • a term requiring the foreign exporter to send a copy of the movement document to the Canadian importer after Part A has been completed by the foreign exporter, Part B has been completed by the first authorized carrier, and the hazardous waste or hazardous recyclable material has been shipped, and
  • a term requiring the foreign exporter to take all practicable measures to assist the Canadian importer fulfill his or her obligations under clause 16(o)(iii)(A) or (B) or 16(p)(iii)(A) or (B) concerning alternative arrangements and returns.

For an export from Canada, the contract must also include

  • a statement requiring the foreign receiver to complete Part C of the movement document (or authorizing the Canadian exporter to do so on the foreign receiver’s behalf only if the waste or material is not defined as, or considered to be, hazardous under the legislation of the country of import) and provide a copy of both it and the export permit to the Canadian exporter on delivery of the shipment,
  • a term requiring the foreign receiver to complete the disposal of the hazardous waste or the recycling of the hazardous recyclable material within the time frame set out in section 9(o) of the Regulations, when applicable,
  • a term requiring the foreign receiver to submit a written confirmation of the disposal of the hazardous waste or recycling of the hazardous recyclable material within 30 days after the date on which the disposal or recycling operation is completed; and
  • a term requiring the foreign receiver to take all practicable measures to assist the Canadian exporter to fulfill his or her obligations under clause 9(p)(iii)(A) or (B) or clause 9(q)(iii)(A) or (B) concerning alternative arrangements and returns.

Any financial details or other confidential business information does not need to be part of the information provided to ECCC as part of the notification. The contracts need to cover the period of time for which activities under the permit will be conducted, including transportation, disposal or recycling and providing confirmation of the disposal or recycling

8.3 Who Must Be Insured?

All Canadian exporters, Canadian importers, and authorized carriers of hazardous waste and hazardous recyclable material must be covered by liability insurance. All authorized carriers involved in international shipments of hazardous waste in which Canada is involved must also be insured.

The type, amount, and time period for insurance coverage are described in section 37 of the Regulations.

8.4 What Insurance Coverage Is Required?

The amount of liability insurance required for exports or imports of hazardous waste is at least five-million dollars; for exports or imports of hazardous recyclable material, the minimum is one-million dollars. The Regulations do not specify the amount of liability insurance required for authorized carriers, since these carriers are licensed by provincial or federal authorities, and must comply with the requirements of the jurisdiction in which they operate.

Insurance must cover

  • any damage to third parties for which the exporter, importer, or authorized carrier is responsible, and
  • any costs imposed by law on the exporter, importer, or authorized carrier to clean up the environment as a result of any hazardous waste or hazardous recyclable material being released into the environment.

For imports, insurance must cover liability from the time the hazardous waste or hazardous recyclable material enters Canada to the time it is accepted for disposal or recycling at an authorized facility in Canada or, if the waste or recyclable material must be returned, the time it leaves Canada.

For exports, insurance must cover liability arising from the time the hazardous waste or hazardous recyclable material leaves the Canadian exporter’s shipping site to the time it is accepted for disposal or recycling at an authorized facility, including a facility in Canada if the waste or recyclable material must be returned.

For transits, insurance must cover liability for the duration of the time that the hazardous waste or hazardous recyclable material is in transit in Canada.

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