Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

Contents

Whereas, pursuant to subsection 332(1) of the Canadian Env…
Interpretation
Part 1 Import, Export and Transit
Part 2 Movement Within Canada
Part 3 Consequential Amendments, Transitional Provision, Repeals and Coming into Force
Schedule 1 (Section 1, subsections 2(1), 3(1) and (2), and 4(1), subparagraphs 4(2)(g)(ii) and (3)(g)(ii), (h)(iv) and (i)(ii), subsections 5(1) and (2), subparagraphs 14(1)(i)(iii) and (j)(iii), paragraph 14(1)(s), clauses 14(1)(u)(iii)(A) and (v)(iii)(A), subsection 17(1), paragraph 17(3)(a), subparagraphs 26(1)(j)(iii) and (k)(iii), paragraph 26(1)(t), clauses 26(1)(v)(iii)(A) and (w)(iii)(a), subsection 29(1), paragraph 29(3)(a), clause 78(1)(a)(iii)(B) and Schedule 3)
Schedule 2 (Section 1, paragraphs 2(1)(d) and 4(1)(d), clause 78(1)(a)(iii)(J) and Schedules 3 and 4)
Schedule 3 Notification for Import, Export and Transit Permits — Information Required (Section 1, subsections 8(3) and (4), paragraph 16(1)(b), subsections 20(3) and (4), paragraph 28(1)(b), subsections 32(3) and (4), paragraph 40(1)(b), subsections 42(3) and (4) and 53(3) and (4), paragraph 61(1)(b), subsections 64(3) and (4) and paragraph 72(1)(b))
Schedule 4 Movement Document for Movement Within Canada — Information Required (Section 1 and paragraphs 80(1)(a), (c) and (d), (3)(a) and (4)(a))
Schedule 5 (Section 1, clause 78(1)(a)(iii)(K) and Schedules 3 and 4)
Schedule 6 (Paragraphs 2(1)(a), 4(1)(a), 14(1)(e) and 26(1)(f), clause 78(1)(a)(iii)(I) and Schedules 3 and 4)
Schedule 7 (Paragraphs 2(1)(c) and 4(1)(c), clause 78(1)(a)(iii)(I) and Schedules 3 and 4)
Schedule 8 (Paragraphs 2(1)(e) and 4(1)(e), clause 78(1)(a)(iii)(I) and Schedules 3 and 4)
Schedule 9 (Subparagraphs 4(2)(g)(i) and (3)(g)(i))
Schedule 10 Movement Document for Imports, Exports and Transits — Information Required (Paragraph 16(1)(c), subsection 16(3), paragraphs 16(4)(a) and 28(1)(c), subsection 28(3), paragraphs 28(4)(a) and 40(1)(c), subsection 40(3), paragraphs 40(4)(a) and 50(1)(a), subsection 50(2), paragraph 61(1)(c), subsection 61(3), paragraphs 61(4)(a) and 72(1)(c), subsection 72(3) and paragraph 72(4)(a))
Schedule 11 (Clauses 78(1)(a)(iii)(A) and (C) to (F) and Schedules 3 and 4)
Schedule 12 (Clause 78(1)(a)(iii)(I) and Schedules 3 and 4)
Amendments not in force

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment published in the Canada Gazette, Part I, on December 15, 2018 a copy of the proposed Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;^note^noteTherefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of the Environment and the Minister of Health with respect to the provisions of the annexed Regulations other than section 82, and on the recommendation of the Minister of Transport with respect to that section 82, makes the annexed Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations pursuant to(a) subsections 93(1) and 102(1) and sections 191 and 286.1 of the Canadian Environmental Protection Act (1999);^note(b) subsection 120(1) of the Canada Shipping Act, 2001;^note^note(c) paragraph 109(b) of the Impact Assessment Act; and^note(d) subsection 5(1) of the Environmental Violations Administrative Monetary Penalties Act.^note

Interpretation

1Definitions#

The following definitions apply in these Regulations.

Act means the Canadian Environmental Protection Act, 1999. (Loi)

authorized carrier means, as the case may be,

(a)a carrier that, in accordance with the Canada Shipping Act, 2001 and the regulations under that Act, transports — or is to transport — hazardous waste or hazardous recyclable material by means of a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water; and

(b)a carrier that transports — or is to transport — hazardous waste or hazardous recyclable material in accordance with the requirements of the jurisdiction in which the waste or recyclable material is transported. (transporteur agréé)

authorized facility means a facility that is authorized by the authorities of the jurisdiction in which it is located to dispose of hazardous waste by means of a disposal operation set out in column 2 of Part 1 of Schedule 1 or to recycle hazardous recyclable material by means of a recycling operation set out in column 2 of Part 2 of Schedule 1. (installation agréée)

Canada-USA Agreement means the Agreement Between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste, which entered into force on November 8, 1986, as amended from time to time. (accord Canada – États-Unis)

CAS Registry Number means the identification number assigned to a substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS)

competent authority means, in the case of a country that is a party to the Convention or is subject to the OECD Decision, the authority that is designated as the competent authority by that country under the Convention or under the OECD Decision, as the case may be, and, in the case of the United States, the United States Environmental Protection Agency. (autorité compétente)

consignee means a person that receives or is to receive delivery from a consignor of a shipment that contains hazardous waste or hazardous recyclable material at a site that they own, operate or otherwise control. (destinataire)

consignor means a person that, on their own behalf or on behalf of another person under an agreement or arrangement with that person, sends or is to send a shipment that contains hazardous waste or hazardous recyclable material from a site that is located in a province to a site that is located in another province and that is owned, operated or otherwise controlled by a consignee. (expéditeur)

contract means a contract — or, if all of the parties are the same legal entity, an arrangement among those parties — that is in writing and is signed and, if parties are the same legal entity that is doing business in both Canada and another country, is signed by the representatives of that entity in both countries. (contrat)

Convention means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which entered into force on May 5, 1992. (Convention)

environmentally hazardous constituent means a constituent that is contained in a leachate and is set out in column 3 of Schedule 2 in a concentration that is determined to be equal to or greater than the concentration set out in column 4 of that Schedule in accordance with Method 1311: Toxicity Characteristic Leaching Procedure, as set out in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, Third Edition, published by the United States Environmental Protection Agency. (constituant dangereux pour l’environnement)

final disposal operation means a disposal operation set out in column 2 of Part 1 of Schedule 1 that bears one of the disposal codes D1 to D12, DC1 and DC2 set out in column 1 of that Part. (opération finale d’élimination)

final recycling operation means a recycling operation set out in column 2 of Part 2 of Schedule 1 that bears one of the recycling codes R1 to R11, RC1 and RC2 set out in column 1 of that Part. (opération finale de recyclage)

foreign exporter means a person, including a government entity, in a foreign country that exports hazardous waste or hazardous recyclable material from that country for import into, or conveyance in transit through, Canada. (exportateur étranger)

foreign importer means a person, including a government entity, in a foreign country that imports into that country hazardous waste or hazardous recyclable material that is exported from, or conveyed in transit through, Canada. (importateur étranger)

interim disposal operation means a disposal operation set out in column 2 of Part 1 of Schedule 1 that bears one of the disposal codes D13 to D15 set out in column 1 of that Part. (opération préalable d’élimination)

interim recycling operation means a recycling operation set out in column 2 of Part 2 of Schedule 1 that bears one of the recycling codes R12, R13 and RC3 set out in column 1 of that Part. (opération préalable de recyclage)

line entry means

(a)in respect of a notification, an entry that appears on a separate numbered line in the notification with respect to a type of hazardous waste or hazardous recyclable material that is to be transported under the permit and that includes that line number and the information set out in subparagraphs 1(j)(i) to (iii), 2(j)(i) to (iii), 3(i)(i) to (iii), 4(i)(i) to (iii), 5(j)(i) to (iii) or 6(j)(i) to (iii) of Schedule 3, as the case may be;

(b)in respect of a movement document referred to in Part 1, an entry that appears on a separate numbered line in the movement document with respect to a type of hazardous waste or hazardous recyclable material that is to be transported under a permit and that includes that line number, the reference number of the notification for the permit and the line entry for that type of hazardous waste or hazardous recyclable material that is set out in the notification, with the exception of the information set out in clauses 1(j)(iii)(A), (F) and (L), 2(j)(iii)(A), (F) and (L), 3(i)(iii)(A), (F) and (L), 4(i)(iii)(A), (F) and (L), 5(j)(iii)(A), (E) and (K) or 6(j)(iii)(A), (E) and (K) of Schedule 3, as the case may be; and

(c)in respect of a movement document referred to in Part 2, an entry that appears on a separate numbered line in the movement document with respect to a type of hazardous waste or hazardous recyclable material that is to be shipped from a consignor to a site that is owned, operated or otherwise controlled by a consignee and that includes that line number and the information set out in paragraph 1(g) of Schedule 4. (ligne de renseignements)

movement document means, with respect to a shipment of hazardous waste or hazardous recyclable material, a document that is referred to

(a)in sections 15 and 16, if the shipment is imported to Canada;

(b)in sections 27 and 28, if the shipment is exported from Canada;

(c)in sections 39 and 40, if the shipment is exported from Canada and is imported to Canada after it is conveyed in transit through a foreign country;

(d)in sections 49 and 50, if the shipment is conveyed in transit through Canada;

(e)in sections 60 and 61, if the hazardous waste or hazardous recyclable material is returned to Canada;

(f)in sections 71 and 72, if the hazardous waste or hazardous recyclable material is returned to a foreign country of origin; and

(g)in section 80, if the shipment is moved within Canada. (document de mouvement)

municipality means an incorporated city, town, village, metropolitan authority, township, district, county or rural municipality in Canada. (municipalité)

notification means a notification referred to in paragraph 185(1)(a) of the Act. (notification)

OECD Decision means the decision of the Organisation for Economic Co-operation and Development entitled Decision of the Council on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, OECD/LEGAL/0266. (décision de l’OCDE)

OECD Decision C(2001)107/FINAL [Repealed, SOR/2026-174, s. 1]

PCB means polychlorinated biphenyl. (BPC)

permit means a permit referred to in paragraph 185(1)(b) of the Act. (permis)

persistent organic pollutant means a substance set out in column 3 of Schedule 5 that is contained in hazardous waste or hazardous recyclable material, if the concentration is equal to or greater than the concentration set out in column 4 of that Schedule. (substance polluante organique persistante)

receiving facility means the first authorized facility that receives or is to receive hazardous waste or hazardous recyclable material for disposal or recycling under a permit or permits, whether the disposal or recycling operation that is to be performed at that facility is interim or final. (installation de réception)

recyclable material means anything that is to be recycled. (matière recyclable)

shipment means cargo, in one or more containers or in bulk, that is transported as a unit without being separated at any time during the movement and that

(a)in the case of a return to Canada or to a foreign country of origin, is shipped to the facility from which it was originally shipped or to the facility identified in the permit for the return;

(b)in the case of a movement within Canada, is shipped by a consignor to a site that is located in another province and that is owned, operated or otherwise controlled by a consignee; and

(c)in any other case, is shipped by one person from one facility in the country of origin to a receiving facility in the country of destination. (envoi)

sign includes to sign by means of an electronic signature that is generated using a technology or process that is approved by the Minister for the purposes of submitting information to the Minister online. (signature)

unique identification number means a number assigned by a province or a country to identify a person, entity or facility. (numéro d’identification unique)

waste means anything that is to be disposed of. (déchet)

2Definition of hazardous waste#

(1)For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous waste means anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1, or that can no longer be used for its original purpose, cannot be used for another purpose and cannot be altered to be used for its original purpose or another purpose, and that

(a)is set out in column 2 of Schedule 6;

(b)meets the criteria for inclusion in one of Classes 2 to 6, 8 and 9 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;

(c)contains a substance set out in column 3 of Schedule 7 that is in a concentration equal to or greater than the concentration set out in column 4 of that Schedule;

(d)produces a leachate that contains an environmentally hazardous constituent set out in column 3 of Schedule 2 that is in a concentration equal to or greater than the concentration set out in column 4 of that Schedule; or

(e)is set out in column 3 of Schedule 8, is either pure or the only active ingredient and is unused.

(2)Hazardous waste referred to in subsection (1) does not include anything

(a)that is to be transported in a quantity of less than 5 kg or 5 L per shipment, unless it contains mercury or meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;

(b)that remains in a container that is to be transported after the contents of that container have been removed to the maximum extent feasible and before the container is either refilled or cleaned of its residual contents;

(c)that is mingled with non-hazardous waste or non-hazardous recyclable material and collected as part of the regular collection of non-hazardous waste and non-hazardous recyclable material by or on behalf of a municipality, unless it is separated from that waste or recyclable material during or after the collection;

(d)that is personal or household waste of the individual who transports it; or

(e)that is generated from the normal operations of a ship and whose discharge is authorized under the Canada Shipping Act, 2001.

^note

3Waste considered hazardous for export#

(1)Anything — even if it is not hazardous waste within the meaning of subsection 2(1) — that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1, or that can no longer be used for its original purpose, cannot be used for another purpose and cannot be altered to be used for its original purpose or another purpose, is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and Divisions 1 to 4, 7 and 8 of Part 1 of these Regulations if it is to be exported to a country of destination or conveyed in transit through Canada or a foreign country and

(a)it is defined as, or considered to be, hazardous under the legislation of the country of destination or country of transit;

(b)its import is prohibited under the legislation of the country of destination; or

(c)if the country of destination is a party to the Convention, it is one of

(i)the hazardous wastes referred to in subparagraph 1(a) of Article 1 of the Convention, with the exception of wastes referred to in paragraphs 3 and 4 of Article 1 of the Convention, as amended from time to time, to the extent that the amendments are binding on Canada, or

(ii)the other wastes referred to in paragraph 2 of Article 1 of the Convention, with the exception of wastes referred to in paragraphs 3 and 4 of Article 1 of the Convention, as amended from time to time, to the extent that the amendments are binding on Canada.

(2)Anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1, even if it is not hazardous waste within the meaning of subsection 2(1), is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and Division 6 of Part 1 of these Regulations if it is to be conveyed in transit through a foreign country and it is defined as, or considered to be, hazardous under the legislation of that country.

^note

4Definition of hazardous recyclable material#

(1)For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous recyclable material means anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1 and that

(a)is set out in column 2 of Schedule 6;

(b)meets the criteria for inclusion in one of Classes 2 to 6, 8 and 9 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;

(c)contains a substance set out in column 3 of Schedule 7 that is in a concentration equal to or greater than the concentration set out in column 4 of that Schedule;

(e)is set out in column 3 of Schedule 8, is either pure or the only active ingredient and is unused.

(2)For the purposes of the provisions of Division 8 of Part 7 and Part 10 of the Act that relate to the import, export and conveyance in transit of hazardous recyclable material and for the purposes of Part 1 of these Regulations, hazardous recyclable material referred to in subsection (1) does not include anything

(d)that is personal or household recyclable material of the individual who transports it;

(e)that is generated from the normal operations of a ship and whose discharge is authorized under the Canada Shipping Act, 2001;

(f)that is to be imported from a country of origin, or exported to a country of destination, that is subject to the OECD Decision, and, if applicable, that is to be conveyed in transit only through a country that is subject to that Decision, if it

(i)is to be imported or exported in a quantity of 25 kg or 25 L or less per shipment for the purpose of conducting analysis or research with respect to the recycling of that recyclable material,

(ii)does not contain an infectious substance that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations, and

(iii)is accompanied by a document that includes the name and address of the importer or exporter and the words “test samples” or “échantillons d’épreuve”; or

(g)that is to be imported from a country of origin, or exported to a country of destination, that is subject to the OECD Decision, and, if applicable, that is to be conveyed in transit only through a country that is a party to that Decision, if it

(i)is set out in Schedule 9,

(ii)is to be recycled by means of a recycling operation set out in column 2 of Part 2 of Schedule 1 at an authorized facility in the country of destination, and

(iii)is accompanied by one or more documents that demonstrate that the requirements of this paragraph are met.

(3)For the purposes of the provisions of Division 8 of Part 7 and Part 10 of the Act that relate to the movement of hazardous recyclable material within Canada and for the purposes of Part 2 of these Regulations, hazardous recyclable material referred to in subsection (1) does not include anything

(d)that is personal or household recyclable material of the individual who transports it;

(e)that is generated from the normal operations of a ship and whose discharge is authorized under the Canada Shipping Act, 2001;

(f)that satisfies the following conditions:

(i)it is to be transported in a quantity of 25 kg or 25 L or less per shipment for the purpose of conducting analysis or research with respect to the recycling of that recyclable material,

(ii)it does not contain an infectious substance that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations, and

(iii)it is accompanied by a document that includes the name and address of the consignor or consignee and the words “test samples” or “échantillons d’épreuve”;

(g)that satisfies the following conditions:

(i)it is set out in Schedule 9, and

(ii)it is to be recycled by means of a recycling operation set out in column 2 of Part 2 of Schedule 1;

(h)that satisfies the following conditions:

(i)mercury is a component of it,

(ii)the mercury it contains is to be transported in a quantity of 50 mL or less per shipment,

(iii)it has reached the end of its useful life, and

(iv)it is to be recycled by means of a recycling operation set out in column 2 of Part 2 of Schedule 1; or

(i)that satisfies the following conditions:

(i)it is a non-rechargeable or rechargeable cell or battery that does not meet the criteria in paragraph (1)(b), and

(ii)it is to be recycled by means of a recycling operation set out in Column 2 of Part 2 of Schedule 1.

^note

5Recyclable material considered hazardous for export#

(1)Anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1, even if it is not hazardous recyclable material within the meaning of subsection 4(1), is considered to be hazardous recyclable material for the purposes of Division 8 of Part 7 and Part 10 of the Act and Divisions 1 to 5, 7 and 8 of Part 1 of these Regulations if it is to be exported to a country of destination or conveyed in transit through Canada or a foreign country and

(a)it is defined as, or considered to be, hazardous under the legislation of the country of destination or country of transit;

(b)its import is prohibited under the legislation of the country of destination; or

(c)if the country of destination is a party to the Convention, it is one of

(2)Anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1, even if it is not hazardous recyclable material within the meaning of subsection 4(1), is considered to be hazardous recyclable material for the purposes of Division 8 of Part 7 and Part 10 of the Act and Division 6 of Part 1 of these Regulations if it is to be conveyed in transit through a foreign country and it is defined as, or considered to be, hazardous under the legislation of that country.

^note

Part 1 · Import, Export and Transit

Division 1 — Import

Non-application

6Non-application — Department of National Defence#

Paragraphs 8(4)(b) to (e) and sections 14 to 18 do not apply to the import of hazardous waste or hazardous recyclable material by the Department of National Defence if that hazardous waste or hazardous recyclable material is generated by the Department in the course of an operation conducted by it outside Canada and is transported from the site of the operation to a defence establishment, as defined in subsection 2(1) of the National Defence Act, in or on a means of transport

(a)that is owned and operated by the Department or that is operated on behalf of the Department by

(i)an employee of the Department,

(ii)a member of the Canadian Forces, or

(iii)any other person, if the means of transport is accompanied at all times by, and is under the direct responsibility of, an employee of the Department or a member of the Canadian Forces; or

(b)that is owned and operated by the military establishment of a member country of the North Atlantic Treaty Organization, or by the military establishment of another country under an agreement with the Department, or that is operated on behalf of such an establishment by

(i)military or civilian personnel of that establishment, or

(ii)any other person, if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment.

Import Permit

7Applicant#

A person may apply for a permit to import hazardous waste or hazardous recyclable material if

(a)they are an individual who is a resident of Canada or a corporation that has its head office, or operates a branch office, in Canada, and they

(i)are the owner or operator of the receiving facility, or

(ii)buy and sell — or are to buy and sell — hazardous recyclable material for recycling and are to import such recyclable material for recycling in Canada; or

(b)they are a municipality or Her Majesty in right of Canada or a province.

8Form of application#

(1)An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

(2)The notification

(a)must relate to either hazardous waste or hazardous recyclable material but not to both;

(b)may relate to one or more types of hazardous waste or hazardous recyclable material;

(c)may relate to one or more shipments that contain the hazardous waste or hazardous recyclable material; and

(d)must involve only

(i)one foreign exporter,

(ii)one facility in the country of origin from which the hazardous waste or hazardous recyclable material is to be shipped, and

(iii)one receiving facility in Canada to which the hazardous waste or hazardous recyclable material is to be delivered.

(3)The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 1(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

(4)The information set out in subparagraphs 1(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 1 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

(a)the applicant satisfies the conditions in section 7;

(b)the applicant and all authorized carriers that are to transport the hazardous waste or hazardous recyclable material in Canada hold the liability insurance referred to in Division 7 of this Part;

(c)all aspects of the proposed import of the hazardous waste or hazardous recyclable material and of a possible return under Division 6 of this Part in the circumstances set out in clauses 14(1)(u)(iii)(B) and (v)(iii)(B), other than transportation by an authorized carrier, are governed by one or more contracts to which the applicant, the foreign exporter and the facility in the country of origin from which the hazardous waste or hazardous recyclable material is to be shipped are parties;

(d)all aspects of the proposed disposal of the hazardous waste or recycling of the hazardous recyclable material are governed by one or more contracts to which the receiving facility and the applicant are parties;

(e)if the receiving facility is to dispose of hazardous waste or recycle hazardous recyclable material under the permit or permits by means of an interim disposal operation or interim recycling operation, all aspects of the proposed disposal of the hazardous waste by means of a final disposal operation, or the proposed recycling of the hazardous recyclable material by means of a final recycling operation, are governed by one or more contracts to which the receiving facility and the authorized facility that is to perform a final disposal operation or final recycling operation are parties;

(f)the applicant will ensure that the hazardous waste or hazardous recyclable material is managed in a manner that protects the environment and human health against the adverse effects that may result from it; and

(g)the information provided is accurate and complete.

(5)The notification must be made in the manner specified by the Minister

(a)within 12 months before the day on which the shipment that contains the hazardous waste or hazardous recyclable material is to be shipped, in the case of a single shipment; and

(b)within 12 months before the day on which the first shipment is to be shipped, in the case of multiple shipments.

9Refusal to issue permit#

The Minister must refuse to issue a permit if

(a)an authorization referred to in subparagraph 185(1)(b)(i) of the Act is not obtained, unless the circumstances in subsection 185(4) of the Act apply;

(b)the Minister has reasonable grounds to believe that, if the permit were issued, the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit would not comply with the Act, these Regulations or conditions to an authorization imposed by the jurisdiction of destination or a country of transit; or

(c)the Minister has reasonable grounds to believe that false or misleading information was provided in the notification under section 8.

10Period of validity of permit#

A permit is valid for the period set out in it, which cannot be longer than

(a)36 months after the day on which it is issued, in the case of hazardous recyclable material

(i)that is to be imported from a country of origin that is subject to the OECD Decision and, if applicable, conveyed in transit only through a country that is subject to that Decision, and

(ii)that is to be recycled by means of a final recycling operation at a receiving facility that is a pre-consented recovery facility referred to in Case 2 in Chapter II. D (2) of the OECD Decision, as amended from time to time, to the extent that the amendments are binding on Canada; and

(b)12 months after the day on which it is issued, in any other case.

^note

11New application#

If a permit needs to be amended the permit holder must apply for a new permit.

12Suspension of permit required#

(1)The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph.

(2)The Minister may suspend a permit if the Minister has reasonable grounds to believe that

(a)the permit holder no longer satisfies the conditions in section 7;

(b)the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit does not comply — or will not comply — with the Act, these Regulations or the conditions of an authorization imposed by the jurisdiction of destination or a country of transit;

(c)false or misleading information was provided in the notification under section 8;

(d)as a result of a natural or artificial disaster or another emergency, the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, cannot be in accordance with the permit; or

(e)the hazardous waste or hazardous recyclable material is not being managed in a manner that will protect the environment and human health against the adverse effects that may result from it.

(3)The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

(4)The Minister notifies the permit holder when the Minister

(a)informs the permit holder at their last known address or email address that the notice of the suspension and the reasons for it are available through a generally accessible electronic source and identifies the location of the notice and reasons; or

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(5)The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

(6)The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

13Revocation of permit#

(1)The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

(2)Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

(3)The Minister notifies the permit holder when the Minister

(a)informs the permit holder at their last known address or email address that the notice of the proposed revocation and the reasons for it are available through a generally accessible electronic source and identifies the location of the notice and reasons; or

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(4)The permit holder may make written representations to the Minister as to why the permit should not be revoked.

(5)The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act

Conditions Relating to Import

14Conditions#

(1)For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the import of hazardous waste or hazardous recyclable material under one or more permits that are held by a permit holder are the following:

(a)the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits;

(b)the import must not be prohibited under the laws of Canada;

(c)the country of origin must be a party to the Convention or the Canada-USA Agreement or must be subject to the OECD Decision and the export of the hazardous waste or hazardous recyclable material must not be prohibited by that country;

(d)the conveyance in transit of the hazardous waste or hazardous recyclable material through a country must not be prohibited by that country;

(e)biomedical waste set out in item 1 of Schedule 6 or anything that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations must be disposed of by means of a final disposal operation;

(f)if anything contains PCBs in a concentration greater than 50 mg per kg, the PCBs in that thing or in any residue from its decontamination must be destroyed or irreversibly transformed;

(g)the permit holder and all authorized carriers that transport the hazardous waste or hazardous recyclable material in Canada must hold the liability insurance referred to in Division 7 of this Part;

(h)all of the contracts referred to in paragraphs 8(4)(c) to (e) must be in effect;

(i)every contract referred to in paragraph 8(4)(c) must

(i)describe each type of hazardous waste or hazardous recyclable material that is to be imported under the contract,

(ii)set out the quantity of each type of hazardous waste or hazardous recyclable material,

(iii)identify the operation set out in column 2 of Part 1 or 2 of Schedule 1 that is to be performed on each type of hazardous waste or hazardous recyclable material,

(iv)state that the hazardous waste or hazardous recyclable material is to be imported in accordance with the permit, and

(v)require the foreign exporter and the facility to take all feasible measures to assist the permit holder to satisfy the conditions under paragraph 185(1)(c) of the Act;

(j)every contract referred to in paragraphs 8(4)(d) and (e) must

(i)describe each type of hazardous waste or hazardous recyclable material that is to be imported under the contract,

(ii)set out the quantity of each type of hazardous waste that is to be disposed of, or hazardous recyclable material that is to be recycled, at the authorized facility,

(iii)identify the operation set out in column 2 of Part 1 or 2 of Schedule 1 that is to be performed on each type of hazardous waste or hazardous recyclable material at the authorized facility,

(iv)state that the hazardous waste is to be disposed of, or the hazardous recyclable material is to be recycled, in accordance with the permit,

(v)require the authorized facility to notify the permit holder in writing, within 30 days after the day on which the authorized facility completes an interim or final disposal operation for a type of hazardous waste, or an interim or final recycling operation for a type of hazardous recyclable material, that is recorded as a line entry in the movement document,

(A)of the date on which the operation was completed,

(B)of the reference number of the movement document, and the line number of the line entry in the movement document, that applies to that type of hazardous waste or hazardous recyclable material, and

(C)that the operation was completed in a manner that protects the environment and human health against the adverse effects that may result from the hazardous waste or hazardous recyclable material, and

(vi)require the authorized facility to take all feasible measures to assist the permit holder to satisfy the conditions under paragraph 185(1)(c) of the Act;

(k)every contract referred to in paragraph 8(4)(e) must require the receiving facility to provide the authorized facility that is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material that was contained in the shipment by means of a final disposal operation or final recycling operation with the reference number of the movement document and the line number of the line entry in the movement document that applies to that type of hazardous waste or hazardous recyclable material;

(l)each shipment must be recorded in a separate movement document in accordance with sections 15 and 16;

(m)the movement document completed in accordance with section 16 must be provided, in accordance with that section, to the Minister and the authorities of the province where the receiving facility is located;

(n)while they transport the shipment, every authorized carrier must produce the permit or permits, and Parts A and B of the movement document completed in accordance with section 16, when they are required to do so to demonstrate that the movement of the shipment complies with this Division;

(o)the permit or permits, and Parts A and B of the movement document completed in accordance with section 16, must be provided to a customs office when the hazardous waste or hazardous recyclable material that is contained in the shipment is required to be reported at the customs office under section 12 of the Customs Act;

(p)if the receiving facility is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material under the permit or permits by means of an interim disposal operation or interim recycling operation, it must complete the disposal of all of the hazardous waste, or the recycling of all of the hazardous recyclable material, of that type that is contained in a shipment, either within a period of 180 days after the day on which the shipment is delivered to it or within a shorter period required by the authorities of the jurisdiction in which it is located;

(q)if the receiving facility is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material under the permit or permits by means of a final disposal operation or final recycling operation, it must complete the disposal of all of the hazardous waste, or the recycling of all of the hazardous recyclable material, of that type that is contained in a shipment, either within a period of one year after the day on which the shipment is delivered to it or within a shorter period required by the authorities of the jurisdiction in which it is located;

(r)if an authorized facility other than a receiving facility is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material under the permit or permits by means of a final disposal operation or final recycling operation, it must complete the disposal of all of the hazardous waste, or the recycling of all of the hazardous recyclable material, of that type that was contained in a shipment delivered to the receiving facility and that was sent to the authorized facility by the receiving facility, either within a period of 18 months after the day on which the shipment was delivered to the receiving facility or within a shorter period required by the authorities of the jurisdiction in which the authorized facility is located;

(s)the Minister must be provided with confirmation of the disposal of the hazardous waste by means of an operation set out in column 2 of Part 1 of Schedule 1, or of the recycling of the hazardous recyclable material by means of an operation set out in column 2 of Part 2 of Schedule 1, in accordance with section 17;

(t)the documents referred to in section 18 must be kept in accordance with that section;

(u)if the permit holder is notified that the receiving facility does not accept hazardous waste or hazardous recyclable material that is contained in a shipment that is shipped in accordance with the Act and these Regulations, or that it cannot, or refuses to, dispose of that hazardous waste or recycle that hazardous recyclable material in accordance with the permit,

(i)the permit holder must immediately notify the Minister and the foreign exporter of the situation and the reason for it,

(ii)if necessary, the permit holder must store the hazardous waste or hazardous recyclable material in a facility that is authorized for that purpose by the authorities of the jurisdiction in which the facility is located,

(iii)within 90 days after the day on which the Minister is notified or within any other period of time that is agreed to by the Minister and the competent authority of the country of origin, the permit holder must either

(A)make all necessary arrangements to dispose of the hazardous waste by means of a final disposal operation or an interim disposal operation followed by a final disposal operation, or to recycle the hazardous recyclable material by means of a final recycling operation or an interim recycling operation followed by a final recycling operation, at one or more other authorized facilities in Canada and provide the Minister with the name and address of, and the name of a contact person for, each of those authorized facilities, the reference number of the movement document and, for each type of hazardous waste or hazardous recyclable material, the line number of the applicable line entry in the movement document, the quantity in kilograms or litres and the applicable disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1, or

(B)in accordance with Division 6 of this Part, return the hazardous waste or hazardous recyclable material to the country of origin under an export permit for the return,

(iv)the hazardous waste or hazardous recyclable material must not be transported to an authorized facility referred to in clause (iii)(A) unless the permit holder has received confirmation from the Minister that the authorities of the jurisdiction in which the authorized facility is located have approved its disposal or recycling at that authorized facility, and

(v)if the hazardous waste or hazardous recyclable material is transported to an authorized facility referred to in clause (iii)(A) for disposal or recycling, the authorized facility must complete the disposal of all of the hazardous waste by means of a final disposal operation, or the recycling of all of the hazardous recyclable material by means of a final recycling operation, within one year after the expiry of the period referred to in subparagraph (iii); and

(v)if a shipment is imported in accordance with the Act and these Regulations but the Minister notifies the permit holder that the Minister does not accept hazardous waste or hazardous recyclable material that is contained in the shipment or that hazardous waste or hazardous recyclable material that is contained in the shipment cannot be moved, disposed of or recycled in accordance with the permit,

(i)the permit holder must immediately notify the foreign exporter of the situation and the reason for it,

(ii)if necessary, the permit holder must store the hazardous waste or hazardous recyclable material in a facility that is identified for that purpose by the Minister,

(iii)within 90 days after the day on which the Minister notifies the permit holder or within any other period of time that is agreed to by the Minister and the competent authority of the country of origin, the permit holder must either

(A)make all necessary arrangements to dispose of the hazardous waste by means of a final disposal operation or an interim disposal operation followed by a final disposal operation, or to recycle the hazardous recyclable material by means of a final recycling operation or an interim recycling operation followed by a final recycling operation at one or more authorized facilities in Canada and provide the Minister with the name and address of, and the name of a contact person for, each of those authorized facilities, the reference number of the movement document and, for each type of hazardous waste or hazardous recyclable material, the line number of the applicable line entry in the movement document, the quantity in kilograms or litres and the applicable disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1, or

(B)in accordance with Division 6 of this Part, return the hazardous waste or hazardous recyclable material to the country of origin under an export permit for the return,

(2)For the purposes of paragraphs (1)(p) to (r), delivery of a shipment to the receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

(3)The necessary arrangements referred to in clauses (1)(u)(iii)(A) and (v)(iii)(A) must include a requirement that the authorized facility notify the permit holder in writing, within 30 days after the day on which the authorized facility completes a final disposal operation for a type of hazardous waste, or a final recycling operation for a type of hazardous recyclable material, that is recorded as a line entry in the movement document,

(a)of the date on which the operation was completed;

(b)of the reference number of the movement document, and the line number of the line entry in the movement document, that applies to that type of hazardous waste or hazardous recyclable material; and

(c)that the operation was completed in a manner that protects the environment and human health against the adverse effects that may result from the hazardous waste or hazardous recyclable material.

(4)For the purposes of subparagraph (1)(v)(iii), the Minister notifies the permit holder when the Minister

(a)informs the permit holder at their last known address or email address that the notice is available through a generally accessible electronic source and identifies the location of the notice; or

(b)sends the notice to the permit holder’s last known address or email address.

^note

Movement Document

15Unit of measure#

The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

16Part A#

(1)Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

(a)each type of hazardous waste or hazardous recyclable material that is contained in the shipment and that was recorded as a line entry in the notification under subsection 8(3) must be recorded as a line entry;

(b)each line entry must include the reference number of the notification, the line entry number and the information that was included in the line entry in the notification under subsection 8(4) — with the exception of the information referred to in clauses 1(j)(iii)(A), (F) and (L) of Schedule 3;

(c)the remaining information set out in subitem 1(1) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

(d)the individual who provides the information and certification must date and sign Part A.

(2)Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the receiving facility is located, if those authorities ask for it.

(3)Each authorized carrier that transports the shipment must complete Part B of the movement document — of which Part A was completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

(4)Immediately after the shipment is delivered to the receiving facility, Part C of the movement document — of which Part A was completed in accordance with subsection (1) — must be completed as follows:

(a)the information set out in subitem 3(1) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

(b)the individual who provides the information and certification must date and sign Part C.

(5)Within three working days after the day on which the shipment is delivered to the receiving facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the receiving facility is located, if those authorities ask for it.

(6)Part C of the movement document may be amended only with respect to the quantities specified in it. The amendments must be made in the form and manner specified by the Minister and before the confirmation under subsection 17(1) is to be filed with the Minister.

(7)For the purposes of subsections (4) and (5), delivery of a shipment to the receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

Confirmation of Disposal or Recycling

17Confirmation#

(1)Within 30 days after the day on which the disposal by means of an operation set out in column 2 of Part 1 of Schedule 1 of a type of hazardous waste, or the recycling by means of an operation set out in column 2 of Part 2 of Schedule 1 of a type of hazardous recyclable material, that is recorded as a line entry in a movement document is completed, the Minister must be provided with a confirmation, based on the written notice received by the permit holder from the authorized facility that performed the operation, that the operation was completed

(a)in accordance with the permit or, if applicable, with the arrangements referred to in clause 14(1)(u)(iii)(A) or (v)(iii)(A);

(b)within the period set out in one of paragraphs 14(1)(p) to (r) or subparagraph 14(1)(u)(v) or (v)(v), as the case may be; and

(c)in a manner that protects the environment and human health against the adverse effects that may result from the hazardous waste or hazardous recyclable material.

(2)The confirmation must be provided in the form and manner specified by the Minister.

(3)The confirmation

(a)must identify the reference number of the movement document, the line number of the line entry in the movement document and the disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1 that applies to the type of hazardous waste or hazardous recyclable material and the date on which the operation was completed; and

(b)must be dated and signed by the individual who provides it and must include that individual’s name and telephone number.

Record Retention

18Permit holder#

(1)The permit holder must keep the following documents that relate to hazardous waste or hazardous recyclable material that is transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

(a)all documents that are necessary to demonstrate their compliance with this Division;

(b)every notice that is referred to in subparagraph 14(1)(j)(v) or subsection 14(3);

(c)all contracts that relate to the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material; and

(d)all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

(2)Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

(a)all documents that are necessary to demonstrate that the movement of the shipment complies with this Division; and

(b)if the authorized carrier transported the shipment in Canada, all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

Division 2 — Export

Export Permit Required Before Movement

18.1Requirement#

Any person who proposes to export a shipment that contains hazardous waste or hazardous recyclable material must hold an export permit before the shipment is moved for that purpose.^note

Export Permit

19Applicant#

A person may apply for a permit to export hazardous waste or hazardous recyclable material if

(a)they are an individual who is a resident of Canada or a corporation that has its head office, or operates a branch office, in Canada, and they

(i)are the owner or operator of the facility from which the hazardous waste or hazardous recyclable material is to be shipped, or

(ii)buy and sell — or are to buy and sell — hazardous recyclable material for recycling and are to export such recyclable material for recycling in a country of destination that is subject to the OECD Decision; or

(b)they are a municipality or Her Majesty in right of Canada or a province.

^note

20Form of application#

(1)An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

(2)The notification

(a)must relate to either hazardous waste or hazardous recyclable material but not to both;

(b)may relate to one or more types of hazardous waste or hazardous recyclable material;

(c)may relate to one or more shipments that contain the hazardous waste or hazardous recyclable material; and

(d)must involve only

(i)one foreign importer,

(ii)one facility in Canada from which the hazardous waste or hazardous recyclable material is to be shipped, and

(iii)one receiving facility in the country of destination to which the hazardous waste or hazardous recyclable material is to be delivered.

(3)The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 2(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

(4)The information set out in subparagraphs 2(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 2 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

(a)the applicant satisfies the conditions set out in section 19;

(b)the applicant and all authorized carriers that are to transport the hazardous waste or hazardous recyclable material in Canada hold the liability insurance referred to in Division 7 of this Part;

(c)all aspects of the proposed export of the hazardous waste or hazardous recyclable material and of a possible return under Division 5 of this Part in the circumstances set out in clauses 26(1)(v)(iii)(B) and (w)(iii)(B), other than transportation by an authorized carrier, are governed by one or more contracts to which the applicant, the foreign importer and the facility in Canada from which the hazardous waste or hazardous recyclable material is to be shipped are parties;

(g)the information provided is accurate and complete.

(5)The notification must be made in the manner specified by the Minister

(a)within 12 months before the day on which the shipment that contains the hazardous waste or hazardous recyclable material is to be shipped, in the case of a single shipment; and

(b)within 12 months before the day on which the first shipment is to be shipped, in the case of multiple shipments.

21Refusal to issue permit#

The Minister must refuse to issue a permit if

(a)an authorization referred to in subparagraph 185(1)(b)(i) of the Act is not obtained, unless the circumstances in subsection 185(4) of the Act apply;

(c)the Minister has reasonable grounds to believe that false or misleading information was provided in the notification under section 20.

22Period of validity of permit#

A permit is valid for the period set out in it, which cannot be longer than

(a)36 months after the day on which it is issued, in the case of hazardous recyclable material

(i)that is to be exported to a country of destination that is subject to the OECD Decision and, if applicable, conveyed in transit only through a country that is subject to that Decision, and

(b)12 months after the day on which it is issued, in any other case.

^note

23New application#

If a permit needs to be amended the permit holder must apply for a new permit.

24Suspension of permit required#

(1)The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph.

(2)The Minister may suspend a permit if the Minister has reasonable grounds to believe that

(a)the permit holder no longer satisfies the conditions set out in section 19;

(c)false or misleading information was provided in the notification under section 20;

(e)the hazardous waste or hazardous recyclable material is not being managed in a manner that will protect the environment and human health against the adverse effects that may result from it.

(3)The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

(4)The Minister notifies the permit holder when the Minister

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(5)The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

(6)The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

25Revocation of permit#

(1)The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

(2)Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

(3)The Minister notifies the permit holder when the Minister

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(4)The permit holder may make written representations to the Minister as to why the permit should not be revoked.

(5)The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act

Conditions Relating to Export

26Conditions#

(1)For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the export of hazardous waste or hazardous recyclable material under one or more permits that are held by a permit holder are the following:

(a)the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits;

(b)the export must not be prohibited under the laws of Canada;

(c)the country of destination must be a party to the Convention or the Canada-USA Agreement or must be subject to the OECD Decision and the import of the hazardous waste or hazardous recyclable material must not be prohibited by that country;

(d)the conveyance in transit of the hazardous waste or hazardous recyclable material through a country must not be prohibited by that country;

(e)the hazardous waste or hazardous recyclable material must not be disposed of or recycled south of 60° south latitude;

(f)biomedical waste set out in item 1 of Schedule 6 or anything that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations must be disposed of by means of a final disposal operation;

(g)if anything contains PCBs in a concentration greater than 50 mg per kg, the PCBs in that thing or in any residue from its decontamination must be destroyed or irreversibly transformed;

(h)the permit holder and all authorized carriers that transport the hazardous waste or hazardous recyclable material in Canada must hold the liability insurance referred to in Division 7 of this Part;

(i)all of the contracts referred to in paragraphs 20(4)(c) to (e) must be in effect;

(j)every contract referred to in paragraph 20(4)(c) must

(i)describe each type of hazardous waste or hazardous recyclable material that is to be exported under the contract,

(ii)set out the quantity of each type of hazardous waste or hazardous recyclable material,

(iii)identify the operation set out in column 2 of Part 1 or 2 of Schedule 1 that is to be performed on each type of hazardous waste or hazardous recyclable material,

(iv)state that the hazardous waste or hazardous recyclable material is to be exported in accordance with the permit, and

(v)require the foreign importer and the facility to take all feasible measures to assist the permit holder to satisfy the conditions under paragraph 185(1)(c) of the Act;

(k)every contract referred to in paragraphs 20(4)(d) and (e) must

(i)describe each type of hazardous waste or hazardous recyclable material that is to be exported under the contract,

(ii)set out the quantity of each type of hazardous waste that is to be disposed of, or hazardous recyclable material that is to be recycled, at the authorized facility,

(iii)identify the operation set out in column 2 of Part 1 or 2 of Schedule 1 that is to be performed on each type of hazardous waste or hazardous recyclable material at the authorized facility,

(iv)state that the hazardous waste is to be disposed of, or the hazardous recyclable material is to be recycled, in accordance with the permit,

(A)of the date on which the operation was completed,

(B)of the reference number of the movement document, and the line number of the line entry in the movement document, that applies to that type of hazardous waste or hazardous recyclable material, and

(vi)require the authorized facility to take all feasible measures to assist the permit holder to satisfy the conditions under paragraph 185(1)(c) of the Act;

(l)every contract referred to in paragraph 20(4)(e) must require the receiving facility to provide the authorized facility that is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material that was contained in the shipment by means of a final disposal operation or final recycling operation with the reference number of the movement document and the line number of the line entry in the movement document that applies to that type of hazardous waste or hazardous recyclable material;

(m)each shipment must be recorded in a separate movement document in accordance with sections 27 and 28;

(n)the movement document completed in accordance with section 28 must be provided, in accordance with that section, to the Minister and the authorities of the province where the facility from which the shipment was shipped is located;

(o)while they transport the shipment, every authorized carrier must produce the permit or permits, and Parts A and B of the movement document completed in accordance with section 28, when they are required to do so to demonstrate that the movement of the shipment complies with this Division;

(p)the permit or permits, and Parts A and B of the movement document completed in accordance with section 28, must be provided to a customs office when the hazardous waste or hazardous recyclable material that is contained in the shipment is required to be reported at the customs office under section 95 of the Customs Act;

(q)if the receiving facility is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material under the permit or permits by means of an interim disposal operation or interim recycling operation, it must complete the disposal of all of the hazardous waste, or the recycling of all of the hazardous recyclable material, of that type that is contained in a shipment, either within a period of 180 days after the day on which the shipment is delivered to it or within a shorter period required by the authorities of the jurisdiction in which it is located;

(r)if the receiving facility is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material under the permit or permits by means of a final disposal operation or final recycling operation, it must complete the disposal of all of the hazardous waste, or the recycling of all of the hazardous recyclable material, of that type that is contained in a shipment, either within a period of one year after the day on which the shipment is delivered to it or within a shorter period required by the authorities of the jurisdiction in which it is located;

(s)if an authorized facility other than a receiving facility is to dispose of a type of hazardous waste or recycle a type of hazardous recyclable material under the permit or permits by means of a final disposal operation or final recycling operation, it must complete the disposal of all of the hazardous waste, or the recycling of all of the hazardous recyclable material, of that type that was contained in a shipment delivered to the receiving facility and that was sent to the authorized facility by the receiving facility, either within a period of 18 months after the day on which the shipment was delivered to the receiving facility or within a shorter period required by the authorities of the jurisdiction in which the authorized facility is located;

(t)the Minister must be provided with confirmation of the disposal of the hazardous waste by means of an operation set out in column 2 of Part 1 of Schedule 1, or of the recycling of the hazardous recyclable material by means of an operation set out in column 2 of Part 2 of Schedule 1, in accordance with section 29;

(u)the documents referred to in section 30 must be kept in accordance with that section;

(v)if the permit holder is notified that the receiving facility does not accept hazardous waste or hazardous recyclable material that is contained in a shipment that is shipped in accordance with the Act and these Regulations, or that it cannot, or refuses to, dispose of that hazardous waste or recycle that hazardous recyclable material in accordance with the permit,

(i)the permit holder must immediately notify the Minister and the foreign importer of the situation and the reason for it,

(ii)the permit holder must store the hazardous waste or hazardous recyclable material in a facility that is authorized for that purpose by the authorities of the jurisdiction in which the facility is located,

(iii)within 90 days after the day on which the Minister is notified or within any other period of time that is agreed to by the Minister and the competent authority of the country of destination, the permit holder must either

(A)make all necessary arrangements to dispose of the hazardous waste by means of a final disposal operation or an interim disposal operation followed by a final disposal operation, or to recycle the hazardous recyclable material by means of a final recycling operation or an interim recycling operation followed by a final recycling operation, at one or more other authorized facilities in the country of destination and provide the Minister with the name and address of, and the name of a contact person for, each of those authorized facilities, the reference number of the movement document and, for each type of hazardous waste or hazardous recyclable material, the line number of the applicable line entry in the movement document, the quantity in kilograms or litres and the applicable disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1, or

(B)in accordance with Division 5 of this Part, return the hazardous waste or hazardous recyclable material to Canada under an import permit for the return,

(iv)the hazardous waste or hazardous recyclable material must not be transported to an authorized facility referred to in clause (iii)(A) unless the permit holder has received confirmation from the Minister that the competent authority of the country of destination has approved its disposal or recycling at that authorized facility, and

(w)if a shipment is exported in accordance with the Act and these Regulations but the competent authority of either the country of destination or a country of transit notifies the permit holder that it does not accept hazardous waste or hazardous recyclable material that is contained in the shipment or that hazardous waste or hazardous recyclable material that is contained in the shipment cannot be moved, disposed of or recycled, in accordance with the permit,

(i)the permit holder must immediately notify the Minister and the foreign importer of the situation and the reason for it,

(ii)if necessary, the permit holder must store the hazardous waste or hazardous recyclable material in a facility that is identified for that purpose by that competent authority,

(iii)within 90 days after the day on which the Minister is notified or within any other period of time that is agreed to by the Minister and that competent authority, the permit holder must either

(A)make all necessary arrangements to dispose of the hazardous waste by means of a final disposal operation or an interim disposal operation followed by a final disposal operation, or to recycle the hazardous recyclable material by means of a final recycling operation or an interim recycling operation followed by a final recycling operation, at one or more authorized facilities in the country that is represented by the competent authority and provide the Minister with the name and address of, and the name of a contact person for, each of those authorized facilities, the reference number of the movement document and, for each type of hazardous waste or hazardous recyclable material, the line number of the applicable line entry in the movement document, the quantity in kilograms or litres and the applicable disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1, or

(B)in accordance with Division 5 of this Part, return the hazardous waste or hazardous recyclable material to Canada under an import permit for the return,

(iv)the hazardous waste or hazardous recyclable material must not be transported to an authorized facility referred to in clause (iii)(A) unless the permit holder has received confirmation from the Minister that the competent authority of the country in which the authorized facility is located has approved its disposal or recycling at that authorized facility, and

(2)For the purposes of paragraphs (1)(q) to (s), delivery of a shipment to the receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

(3)The necessary arrangements referred to in clauses (1)(v)(iii)(A) and (w)(iii)(A) must include a requirement that the authorized facility notify the permit holder in writing, within 30 days after the day on which the authorized facility completes a final disposal operation for a type of hazardous waste, or a final recycling operation for a type of hazardous recyclable material, that is recorded as a line entry in the movement document,

(a)of the date on which the operation was completed;

(b)of the reference number of the movement document, and the line number of the line entry in the movement document, that applies to that type of hazardous waste or hazardous recyclable material; and

(c)that the operation was completed in a manner that protects the environment and human health against the adverse effects that may result from the hazardous waste or hazardous recyclable material.

^note

Movement Document

27Unit of measure#

The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

28Part A#

(1)Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

(a)each type of hazardous waste or hazardous recyclable material that is contained in the shipment and that was recorded as a line entry in the notification under subsection 20(3) must be recorded as a line entry;

(b)each line entry must include the reference number of the notification, the line entry number and the information that was included in the line entry in the notification under subsection 20(4), with the exception of the information referred to in clauses 2(j)(iii)(A), (F) and (L) of Schedule 3;

(c)the remaining information set out in subitem 1(2) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

(d)the individual who provides the information and certification must date and sign Part A.

(2)Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility is located, if those authorities ask for it.

(3)Each authorized carrier that transports the shipment must complete Part B of the movement document — with Part A completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

(4)Immediately after the shipment is delivered to the receiving facility, Part C of the movement document — with Part A completed in accordance with subsection (1) — must be completed as follows:

(a)the information set out in subitem 3(1) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

(b)the individual who provides the information and certification must date and sign Part C.

(5)Within three working days after the day on which the shipment is delivered to the receiving facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility from which the shipment was shipped is located, if those authorities ask for it.

Confirmation of Disposal or Recycling

29Confirmation#

(a)in accordance with the permit or, if applicable, with the arrangements referred to in clause 26(1)(v)(iii)(A) or (w)(iii)(A);

(b)within the period set out in one of paragraphs 26(1)(q) to (s) or subparagraph 26(1)(v)(v) or (w)(v), as the case may be; and

(c)in a manner that protects the environment and human health against the adverse effects that may result from the hazardous waste or hazardous recyclable material.

(2)The confirmation must be provided in the form and manner specified by the Minister.

(3)The confirmation

(b)must be dated and signed by the individual who provides it and must include that individual’s name and telephone number.

Record Retention

30Permit holder#

(a)all documents that are necessary to demonstrate their compliance with this Division;

(b)every notice that is referred to in subparagraph 26(1)(k)(v) or subsection 26(3);

(c)all contracts that relate to the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material; and

(d)all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

(a)all documents that are necessary to demonstrate that the movement of the shipment complies with this Division; and

(b)if the authorized carrier transported the shipment in Canada, all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

Division 3 — Export from and Import to Canada Following Transit Through a Foreign Country

Permit for Export from and Import to Canada Following Transit Through a Foreign Country

30.1Permit required before movement#

Any person who proposes to export from and import to Canada following transit through a foreign country a shipment that contains hazardous waste or hazardous recyclable material must hold a permit for export from and import to Canada following transit through a foreign country before the shipment is moved for that purpose.^note

31Applicant#

A person may apply for a permit to export hazardous waste or hazardous recyclable material and to import it to Canada after it is conveyed in transit through a foreign country if

(a)they are an individual who is a resident of Canada or a corporation that has its head office, or operates a branch office, in Canada, and they

(i)are the owner or operator of the facility from which the hazardous waste or hazardous recyclable material is to be shipped, or

(ii)buy and sell — or are to buy and sell — hazardous recyclable material for recycling and are to export and import such recyclable material for recycling in Canada; or

(b)they are a municipality or Her Majesty in right of Canada or a province.

32Form of application#

(1)An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

(2)The notification

(a)may relate to both hazardous waste and hazardous recyclable material;

(b)may relate to one or more types of hazardous waste or hazardous recyclable material;

(c)may relate to one or more shipments that contain the hazardous waste or hazardous recyclable material; and

(d)must involve only

(i)one facility in Canada from which the hazardous waste or hazardous recyclable material is to be shipped, and

(ii)one receiving facility in Canada to which the hazardous waste or hazardous recyclable material is to be delivered.

(3)The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 3(i)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

(4)The information set out in subparagraphs 3(i)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 3 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

(a)the applicant satisfies the conditions set out in section 31;

(b)the applicant and all authorized carriers that are to transport the hazardous waste or hazardous recyclable material in Canada hold the liability insurance referred to in Division 7 of this Part;

(c)the applicant will ensure that the hazardous waste or hazardous recyclable material is managed in a manner that protects the environment and human health against the adverse effects that may result from it; and

(d)the information provided is accurate and complete.

(5)The notification must be made in the manner specified by the Minister

(a)within 12 months before the day on which the shipment that contains the hazardous waste or hazardous recyclable material is to be shipped, in the case of a single shipment; and

(b)within 12 months before the day on which the first shipment is to be shipped, in the case of multiple shipments.

33Refusal to issue permit#

The Minister must refuse to issue a permit if

(a)an authorization referred to in subparagraph 185(1)(b)(i) of the Act is not obtained;

(c)the Minister has reasonable grounds to believe that false or misleading information was provided in the notification under section 32.

34Period of validity of permit#

A permit is valid for the period set out in it, which cannot be longer than

(a)36 months after the day on which it is issued, in the case of hazardous recyclable material

(i)that is to be conveyed in transit only through a country that is subject to the OECD Decision, and

(b)12 months after the day on which it is issued, in any other case.

^note

35New application#

If a permit needs to be amended the permit holder must apply for a new permit.

36Suspension of permit required#

(1)The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph.

(2)The Minister may suspend a permit if the Minister has reasonable grounds to believe that

(a)the permit holder no longer satisfies the conditions set out in section 31;

(c)false or misleading information was provided in the notification under section 32;

(e)the hazardous waste or hazardous recyclable material is not being managed in a manner that will protect the environment and human health against the adverse effects that may result from it.

(3)The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

(4)The Minister notifies the permit holder when the Minister

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(5)The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

(6)The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

37Revocation of permit#

(1)The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

(2)Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

(3)The Minister notifies the permit holder when the Minister

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(4)The permit holder may make written representations to the Minister as to why the permit should not be revoked.

(5)The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act

Conditions Relating to Export from and Import to Canada Following Transit Through a Foreign Country

38Conditions#

For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the export of hazardous waste or hazardous recyclable material and its import to Canada under one or more permits that are held by a permit holder after it is conveyed in transit through a foreign country are the following:

(a)the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits;

(b)at the time of export,

(i)the export from and import to Canada must not be prohibited under the laws of Canada, and

(ii)the conveyance in transit of the hazardous waste or hazardous recyclable material through a country must not be prohibited by that country;

(c)the permit holder and all authorized carriers that transport the hazardous waste or hazardous recyclable material in Canada must hold the liability insurance referred to in Division 7 of this Part;

(d)each shipment that contains hazardous waste or hazardous recyclable material must be recorded in a separate movement document in accordance with sections 39 and 40;

(e)the movement document completed in accordance with section 40 must be provided, in accordance with that section, to the Minister and the authorities of the provinces where the facility from which the shipment was shipped and the receiving facility are located;

(f)while they transport the shipment, every authorized carrier must produce the permit or permits, and Parts A and B of the movement document completed in accordance with section 40, when they are required to do so to demonstrate that the movement of the shipment complies with this Division;

(g)the permit or permits, and Parts A and B of the movement document completed in accordance with section 40, must be provided to a customs office when the hazardous waste or hazardous recyclable material that is contained in the shipment is required to be reported at the customs office under section 12 or 95 of the Customs Act; and

(h)the documents referred to in section 41 must be kept in accordance with that section.

Movement Document

39Unit of measure#

The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

40Part A#

(1)Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

(a)each type of hazardous waste or hazardous recyclable material that is contained in the shipment and that was recorded as a line entry in the notification under subsection 32(3) must be recorded as a line entry;

(b)each line entry must include the reference number of the notification, the line entry number and the information that was included in the line entry in the notification under subsection 32(4), with the exception of the information referred to in clauses 3(i)(iii)(A), (F) and (L) of Schedule 3;

(c)the remaining information set out in subitem 1(3) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

(d)the individual who provides the information and certification must date and sign Part A.

(2)Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister to the Minister and to the authorities of the provinces where the facility and the receiving facility are located, if those authorities ask for it.

(4)Immediately after the shipment is delivered to the receiving facility, Part C of the movement document — with Part A completed in accordance with subsection (1) — must be completed as follows:

(a)the information set out in subitem 3(1) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

(b)the individual who provides the information and certification must date and sign Part C.

(5)Within three working days after the day on which the shipment is delivered to the receiving facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the provinces where the facility from which the shipment was shipped and the receiving facility are located, if those authorities ask for it.

(6)For the purposes of subsections (4) and (5), delivery of a shipment to a receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

Record Retention

41Permit holder#

(a)all documents that are necessary to demonstrate their compliance with this Division; and

(b)all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

(a)all documents that are necessary to demonstrate that the movement of the shipment complies with this Division; and

(b)if the authorized carrier transported the shipment in Canada, all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

Division 4 — Transit Through Canada

Permit for Transit Through Canada

42Application#

(1)An application for a permit to convey hazardous waste or hazardous recyclable material in transit through Canada may be made by any person and must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

(2)The notification

(a)may relate to both hazardous waste and hazardous recyclable material;

(b)may relate to one or more types of hazardous waste or hazardous recyclable material;

(c)may relate to one or more shipments that contain the hazardous waste or hazardous recyclable material; and

(d)must involve only

(i)one foreign exporter,

(ii)one foreign importer,

(iii)one facility in the country of origin from which the hazardous waste or hazardous recyclable material is to be shipped, and

(iv)one receiving facility in the country of destination to which the hazardous waste or hazardous recyclable material is to be delivered.

(3)The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 4(i)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

(4)The information set out in subparagraphs 4(i)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 4 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

(a)all authorized carriers that are to transport the hazardous waste or hazardous recyclable material in Canada hold the liability insurance referred to in Division 7 of this Part;

(b)the applicant will ensure that the hazardous waste or hazardous recyclable material is managed in a manner that protects the environment and human health against the adverse effects that may result from it; and

(c)the information provided is accurate and complete.

(5)The notification must be made in the manner specified by the Minister

(a)within 12 months before the day on which the shipment that contains the hazardous waste or hazardous recyclable material is to be shipped, in the case of a single shipment; and

(b)within 12 months before the day on which the first shipment is to be shipped, in the case of multiple shipments.

43Refusal to issue permit#

The Minister must refuse to issue a permit if the Minister has reasonable grounds to believe that

(a)if the permit were issued, the transportation of hazardous waste or hazardous recyclable material under the permit would not comply with the Act or these Regulations; or

(b)false or misleading information was provided in the notification under section 42.

44Period of validity of permit#

A permit is valid for the period set out in it, which cannot be longer than

(a)36 months after the day on which it is issued, in the case of hazardous recyclable material, if

(i)the country of origin is subject to the OECD Decision and, if applicable, the hazardous recyclable material is to be conveyed in transit only through a country that is subject to that Decision, and

(ii)the hazardous recyclable material is to be recycled by means of a final recycling operation at a receiving facility that is a pre-consented recovery facility referred to in Case 2 in Chapter II. D (2) of the OECD Decision, as amended from time to time, to the extent that the amendments are binding on Canada; and

(b)12 months after the day on which it is issued, in any other case.

^note

45New application#

If a permit needs to be amended the permit holder must apply for a new permit.

46Suspension of permit required#

(1)The Minister must suspend a permit when, or at any time after, a shipment enters Canada under the permit if

(a)the Minister becomes aware that the competent authority of the country of destination or of a country through which the hazardous waste or hazardous recyclable material is to be conveyed in transit after it has left Canada has not authorized the import or conveyance in transit, as the case may be; or

(b)the competent authority of one of those countries withdraws its authorization.

(2)The Minister may suspend a permit if the Minister has reasonable grounds to believe that

(a)false or misleading information was provided in the notification under section 42;

(b)the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit will not comply with the Act, these Regulations or the conditions of an authorization imposed by the jurisdiction of destination or a country of transit;

(c)the transportation of hazardous waste or hazardous recyclable material under the permit does not comply with the Act or these Regulations;

(d)as a result of a natural or artificial disaster or another emergency, the transportation of hazardous waste or hazardous recyclable material cannot be in accordance with the permit; or

(e)the hazardous waste or hazardous recyclable material is not being managed in a manner that will protect the environment and human health against the adverse effects that may result from it.

(3)The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

(4)The Minister notifies the permit holder when the Minister

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(5)The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

(6)The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

47Revocation of permit#

(1)The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

(2)Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

(3)The Minister notifies the permit holder when the Minister

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(4)The permit holder may make written representations to the Minister as to why the permit should not be revoked.

(5)The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act

Conditions Relating to Transit Through Canada

48Conditions#

For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the conveyance of hazardous waste or hazardous recyclable material in transit through Canada under one or more permits that are held by a permit holder are the following:

(a)the transportation of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits;

(b)at the time the shipment that contains the hazardous waste or hazardous recyclable material enters Canada, the conveyance in transit of the hazardous waste or hazardous recyclable material through Canada must not be prohibited under the laws of Canada;

(c)at the time the shipment enters Canada, the competent authority of the country of destination and of every country through which the hazardous waste or hazardous recyclable material is to be conveyed in transit after it has left Canada must have authorized the import or conveyance in transit, as the case may be;

(d)all authorized carriers that transport the hazardous waste or hazardous recyclable material in Canada must hold the liability insurance referred to in Division 7 of this Part;

(e)each shipment must be recorded in a separate movement document in accordance with sections 49 and 50;

(f)the movement document completed in accordance with section 50 must be provided to the Minister in accordance with that section;

(g)while they transport the shipment in Canada, every authorized carrier must produce the permit or permits, and Parts A and B of the movement document completed in accordance with section 50, when they are required to do so to demonstrate that the movement of the shipment complies with this Division;

(h)the permit or permits, and Parts A and B of the movement document completed in accordance with section 50, must be provided to a customs office when the hazardous waste or hazardous recyclable material that is contained in the shipment is required to be reported at the customs office under section 12 or 95 of the Customs Act; and

(i)the documents referred to in section 51 must be kept in accordance with that section.

Movement Document

49Unit of measure#

The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

50Part A#

(1)Before a shipment that contains hazardous waste or hazardous recyclable material enters Canada under one or more permits, Part A of the movement document must be completed as follows:

(a)the information set out in subitem 1(4) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

(b)the individual who provides the information and certification must date and sign Part A.

(2)Each authorized carrier that transports the shipment in Canada must complete Part B of the movement document — with Part A completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

(3)Each authorized carrier that transports the shipment in Canada must provide the movement document — of which Parts A and B are completed in accordance with subsection (1) and (2) — to the Minister, in the form and manner specified by the Minister, within three working days after the shipment leaves Canada.

Record Retention

51Permit holder#

(1)A permit holder that has a place of business in Canada must keep all documents that relate to hazardous waste or hazardous recyclable material transported under one or more permits and that are necessary to demonstrate their compliance with this Division at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires.

(2)Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported in Canada under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

(a)all documents that are necessary to demonstrate that the movement of the shipment complies with this Division; and

(b)all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

Division 5 — Return to Canada

Permit for Return to Canada

52When holder of export permit or permits must apply#

(1)In the circumstances set out in clauses 26(1)(v)(iii)(B) and (w)(iii)(B), the holder of the export permit or permits must apply for an import permit to return to Canada hazardous waste or hazardous recyclable material that was exported from Canada.

(2)In any other case, a person in Canada may apply for an import permit to return to Canada hazardous waste or hazardous recyclable material that was exported from Canada.

53Form of application#

(1)An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

(2)The notification

(a)may relate to one or more types of hazardous waste or hazardous recyclable material that were exported from Canada; and

(b)must involve only one shipment for the return.

(3)The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 5(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

(4)The information set out in subparagraphs 5(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 5 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

(a)the applicant will ensure that the hazardous waste or hazardous recyclable material is managed in a manner that protects the environment and human health against the adverse effects that may result from it; and

(b)the information provided is accurate and complete.

(5)The notification must be made in the manner specified by the Minister.

54Refusal to issue permit#

The Minister must refuse to issue a permit if

(a)an authorization referred to in subparagraph 185(1)(b)(i) of the Act is not obtained from a country of transit, unless the circumstances in subsection 185(4) of the Act apply;

(b)the Minister has reasonable grounds to believe that, if the permit were issued, the movement of hazardous waste or hazardous recyclable material under the permit would not comply with the Act, these Regulations or conditions to an authorization imposed by a country of transit; or

(c)the Minister has reasonable grounds to believe that false or misleading information was provided in the notification under section 53.

55Period of validity of permit#

A permit is valid for the period set out in it, which cannot be longer than 12 months after the day on which it is issued.

56New application#

If a permit needs to be amended the permit holder must apply for a new permit.

57Suspension of permit required#

(1)The Minister must suspend a permit if an authority of a country of transit withdraws an authorization referred to in subparagraph 185(1)(b)(i) of the Act.

(2)The Minister may suspend a permit if the Minister has reasonable grounds to believe that

(a)false or misleading information was provided in the notification under section 53;

(c)the movement of hazardous waste or hazardous recyclable material under the permit does not comply with the Act, these Regulations or conditions to an authorization imposed by a country of transit;

(d)as a result of a natural or artificial disaster or another emergency, the movement of hazardous waste or hazardous recyclable material cannot be in accordance with the permit; or

(e)the hazardous waste or hazardous recyclable material is not being managed in a manner that will protect the environment and human health against the adverse effects that may result from it.

(3)The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

(4)The Minister notifies the permit holder when the Minister

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(5)The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

(6)The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

58Revocation of permit#

(1)The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension.

(2)Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

(3)The Minister notifies the permit holder when the Minister

(b)sends the notice and reasons to the permit holder’s last known address or email address.

(4)The permit holder may make written representations to the Minister as to why the permit should not be revoked.

(5)The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act

Conditions Relating to Return to Canada

59Conditions#

For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the return of hazardous waste or hazardous recyclable material to Canada under one or more permits that are held by a permit holder are the following:

(a)the movement of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits;

(b)the conveyance in transit of the hazardous waste or hazardous recyclable material through a country must not be prohibited by that country;

(c)the shipment that contains the hazardous waste or hazardous recyclable material must be recorded in a movement document in accordance with sections 60 and 61;

(d)the movement document completed in accordance with section 61 must be provided, in accordance with that section, to the Minister and the authorities of the province where the facility to which the shipment is to be delivered is located;

(e)while they transport the shipment, every authorized carrier must produce the permit or permits, and Parts A and B of the movement document completed in accordance with section 61, when they are required to do so to demonstrate that the movement of the shipment complies with this Division;

(f)the permit or permits, and Parts A and B of the movement document completed in accordance with section 61, must be provided to a customs office when the hazardous waste or hazardous recyclable material that is contained in the shipment is required to be reported at the customs office under section 12 of the Customs Act;

(g)the shipment must be delivered to the facility in Canada from which the hazardous waste or hazardous recyclable material was originally shipped unless another facility in Canada is identified in the permit or permits, in which case the shipment must be delivered to that facility; and

(h)the documents referred to in section 62 must be kept in accordance with that section.

Movement Document

60Unit of measure#

The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

61Part A#

(1)Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

(a)each type of hazardous waste or hazardous recyclable material that is contained in the shipment and that was recorded as a line entry in the notification under subsection 53(3) must be recorded as a line entry;

(b)each line entry must include the reference number of the notification, the line entry number and the information that was included in the line entry in the notification under subsection 53(4) — with the exception of the information referred to in clauses 5(j)(iii)(A), (E) and (K) of Schedule 3;

(c)the remaining information set out in subitem 1(5) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

(d)the individual who provides the information and certification must date and sign Part A.

(2)Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility to which the shipment is to be delivered is located, if those authorities ask for it.

(4)Immediately after the shipment is delivered to the facility to which the shipment is shipped under the permit or permits, Part C of the movement document — with Part A completed in accordance with subsection (1) — must be completed as follows:

(a)the information set out in subitem 3(2) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and

(b)the individual who provides the information and certification must date and sign Part C.

(5)Within three working days after the day on which the shipment is delivered to the facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility is located, if those authorities ask for it.

(6)Part C of the movement document may be amended only with respect to the quantities specified in it. The amendments must be made in the form and manner specified by the Minister and within 180 days after the day on which the shipment is delivered to the facility.

(7)For the purposes of subsections (4) to (6), delivery of a shipment to a facility occurs when the shipment arrives at the facility, regardless of when the facility acknowledges receipt of the shipment.

Record Retention

62Permit holder#

(1)The permit holder must keep all documents that relate to hazardous waste or hazardous recyclable material transported under one or more permits and that are necessary to demonstrate their compliance with this Division at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires.

(a)all documents that are necessary to demonstrate that the movement of the shipment complies with this Division; and

(b)if the authorized carrier transported the shipment in Canada, all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.

Division 6 — Return to Foreign Country of Origin

Permit for Return to Foreign Country of Origin

63When holder of import permit or permits must apply#

(1)In the circumstances set out in clauses 14(1)(u)(iii)(B) and (v)(iii)(B), the holder of the import permit or permits must apply for an export permit to return to the country of origin hazardous waste or hazardous recyclable material that was imported to Canada.

(2)In any other case, a person in Canada may apply for an export permit to return to the country of origin hazardous waste or hazardous recyclable material that was imported to Canada.

64Form of application#

(1)An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

(2)The notification

(a)may relate to one or more types of hazardous waste or hazardous recyclable material that were imported to Canada; and

(b)must involve only one shipment for the return.

(3)The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 6(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

(4)The information set out in subparagraphs 6(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 6 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

(b)the information provided is accurate and complete.

(5)The notification must be made in the manner specified by the Minister.

65Refusal to issue permit#

The Minister must refuse to issue a permit if

(a)an authorization referred to in subparagraph 185(1)(b)(i) of the Act is not obtained from a country of transit, unless the circumstances in subsection 185(4) of the Act apply;

(c)the Minister has reasonable grounds to believe that false or misleading information was provided in the notification under section 64.

66Period of validity of permit#

A permit is valid for the period set out in it, which cannot be longer than 12 months after the day on which it is issued.

67New application#

If a permit needs to be amended the permit holder must apply for a new permit.

68Suspension of permit required#

(1)The Minister must suspend a permit if an authority of a country of transit withdraws an authorization referred to in subparagraph 185(1)(b)(i) of the Act.

(2)The Minister may suspend a permit if the Minister has reasonable grounds to believe that

(a)false or misleading information was provided in the notification under section 64;