Government of Canada advises on changes to the Regulations Amending the Export and Import of Hazardous Waste and Hazardous Recyclable waste published in the Canada Gazette Part 11 Vol.150. No.22 on November 22, 2016.
The objective of the Regulations Amending the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations is to strengthen Canada’s ability to meet two of its Basel obligations: the obligation to seek the consent of importing and transit countries for any export from Canada of waste or recyclable material subject to the Basel Convention, including household waste; and the obligation to take or send back shipments that cannot be completed as planned.
Since the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations came into force in 2005, there have been a small number of exports that have been refused by the importing country or a transit country because the waste or recyclable materials were prohibited or controlled in one or both of these countries. However, the exported materials were not covered under Canadian regulations, usually because they were collected from households. These wastes or recyclable materials were subject to the United Nations Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) consent was therefore required from the importing and transit countries before their transboundary movement. These exports included a shipment of household recyclable materials to the Philippines in 2013.
In addition, the Department of the Environment identified inconsistencies between the Basel Convention requirements and the return provisions of the Regulations for permitted imports or exports that cannot be completed as planned. The return provisions of the Regulations currently apply only when the destination facility does not accept or refuses a shipment. However, there may also be situations in which the authorities of the importing country or a transit country determine that a shipment of waste or recyclable material cannot be completed as originally planned, after consent for the shipment was provided, but before delivery to the destination facility. In these situations, the Basel Convention requires the return of these shipments to the country of export if arrangements cannot be made for another facility to treat the waste or recyclable material.
The Guide to Hazardous Waste and Hazardous Recyclable Material is available here.