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

Under the Canadian Environmental Protection Act, 1999 (CEPA), the federal government controls international and interprovincial movements of hazardous waste and hazardous recyclable material, as well as releases of substances listed as toxic under Schedule 1. Provincial and territorial governments regulate waste and recyclable material management facilities and operations, while municipal governments manage the collection, recycling, composting, and disposal of household waste.

The proposed Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations published in Canada Gazette Part 1, volume 152, aim to

  • consolidate and streamline the requirements set out in the Export and Import Regulations, the Interprovincial Movement Regulations and the PCB Waste Export Regulations;
  • provide the flexibility required to more efficiently implement the electronic movement tracking system under development;
  • adjust the scope and harmonize the definitions of hazardous waste and hazardous recyclable material; and
  • improve the management of permits and the overall administration of the Regulations.

The proposed Regulations would repeal and replace the Export and Import Regulations, the Interprovincial Movement Regulations and the PCB Waste Export Regulations. Although the proposed Regulations would maintain the core permitting and movement tracking requirements of the former regulations, the regulatory provisions would be amended to ensure greater clarity and consistency of the regulatory requirements.

Proposed changes for efficient implementation of an electronic system to track movements. The proposed Regulations would provide flexibility for the electronic movement tracking system by no longer prescribing the specific form required for tracking shipments of hazardous waste and hazardous recyclable material. Instead, the proposed Regulations would require specific information to be included in a movement document (that can be generated electronically) and would allow movement document information to be passed on to different parties in parallel to facilitate the tracking rather than prescribing the handover of copies from one party to another. Furthermore, given that movement documents would be able to be managed electronically, the proposed Regulations would no longer require that the movement document and permit physically accompany the shipment. The proposed Regulations would instead require parties to immediately produce the movement document and the permit upon request. Similar simplifications would be included in the provisions related to the movement document for interprovincial movements of hazardous waste and hazardous recyclable material.

Some of the proposed changes affect certain products such as: Electrical and electronic equipment, Mercury, Batteries, Waste and recyclable material generated on ships, Residual quantities, Recycling operation R14.

There are proposed regulatory changes regarding export of waste containing PCBs would be streamlined and integrated into those for hazardous waste and hazardous recyclable material.

The proposed Regulations would increase the maximum duration of a permit from 12 month consistent with international agreements, for the movement of hazardous recyclable material directed to pre-consented facilities within OECD countries to 3 years.