Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations
SOR/2021-25
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT
Registration 2021-02-26
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations
P.C. 2021-93 2021-02-26
Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, 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;
Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33
Therefore, 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 286.1Footnote c of the Canadian Environmental Protection Act (1999)Footnote b;
Return to footnote cS.C. 2009, c. 14, s. 80
(b) subsection 120(1)Footnote d of the Canada Shipping Act, 2001Footnote e;
Return to footnote dS.C. 2018, c. 27, s. 694
Return to footnote eS.C. 2001, c. 26
(c) paragraph 109(b) of the Impact Assessment ActFootnote f; and
Return to footnote fS.C. 2019, c. 28, s. 1
(d) subsection 5(1) of the Environmental Violations Administrative Monetary Penalties ActFootnote g.
Return to footnote gS.C. 2009, c. 14, s. 126
Interpretation
Marginal note:Definitions
1 The following definitions apply in these Regulations.
- Act
Act means the Canadian Environmental Protection Act, 1999. (Loi)
- authorized carrier
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
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
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
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
competent authority means, in the case of a country that is a party to the Convention or is subject to OECD Decision C(2001)107/FINAL, the authority that is designated as the competent authority by that country under the Convention or under OECD Decision C(2001)107/FINAL, as the case may be, and, in the case of the United States, the United States Environmental Protection Agency. (autorité compétente)
- consignee
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
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
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
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
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
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
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
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
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
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
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
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
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
municipality means an incorporated city, town, village, metropolitan authority, township, district, county or rural municipality in Canada. (municipalité)
- notification
notification means a notification referred to in paragraph 185(1)(a) of the Act. (notification)
- OECD Decision C(2001)107/FINAL
OECD Decision C(2001)107/FINAL means Decision C(2001)107/FINAL of the Organization for Economic Co-operation and Development, entitled Decision of the Council Concerning the Revision of Decision C(92)39/FINAL on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, dated February 25, 2002. (décision C(2001)107/FINAL de l’OCDE)
- PCB
PCB means polychlorinated biphenyl. (BPC)
- permit
permit means a permit referred to in paragraph 185(1)(b) of the Act. (permis)
- persistent organic pollutant
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
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
recyclable material means anything that is to be recycled. (matière recyclable)
- shipment
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
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
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
waste means anything that is to be disposed of. (déchet)
Marginal note:Definition of hazardous waste
2 (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 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.
Marginal note:Exclusions
(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.
Marginal note:Waste considered hazardous for export
3 (1) 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 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) it is one of the hazardous wastes referred to in Article 1, subparagraph 1(a) of the Convention or of the other wastes referred to in Article 1, paragraph 2 of the Convention, with the exception of wastes referred to in Article 1, paragraphs 3 and 4 of the Convention — as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada — and the country of destination is a party to the Convention.
Marginal note:Waste considered hazardous for return to foreign country of origin
(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.
Marginal note:Definition of hazardous recyclable material
4 (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;
(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.
Marginal note:Exclusions — import, export and transit
(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
(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 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 OECD Decision C(2001)107/FINAL, 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 OECD Decision C(2001)107/FINAL, 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.
Marginal note:Exclusions — movement within Canada
(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
(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 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.
Marginal note:Recyclable material considered hazardous for export
5 (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) it is one of the hazardous wastes referred to in Article 1, subparagraph 1(a) of the Convention or of the other wastes referred to in Article 1, paragraph 2 of the Convention, with the exception of wastes referred to in Article 1, paragraphs 3 and 4 of the Convention — as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada — and the country of destination is a party to the Convention.
Marginal note:Recyclable material considered hazardous for return to foreign country of origin
(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.
PART 1Import, Export and Transit
DIVISION 1Import
Non-application
Marginal note:Non-application — Department of National Defence
6 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
Marginal note:Applicant
7 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.
Marginal note:Form of application
8 (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.
Marginal note:Notification
(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.
Marginal note:Types of hazardous waste or hazardous recyclable material
(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.
Marginal note:Information in 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.
Marginal note:Timing and manner of notification
(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.
Marginal note:Refusal to issue permit
9 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.
Marginal note:Period of validity of permit
10 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 OECD Decision C(2001)107/FINAL 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 OECD Decision C(2001)107/FINAL, 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.
Marginal note:New application
11 If a permit needs to be amended the permit holder must apply for a new permit.
Marginal note:Suspension of permit required
12 (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.
Marginal note:Optional suspension of permit
(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.
Marginal note:Notice
(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(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.
Marginal note:Reinstatement of permit
(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.
Marginal note:Revocation of permit
13 (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.
Marginal note:Notice
(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.
Marginal note:Date of revocation
(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
Marginal note:Conditions
14 (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 OECD Decision C(2001)107/FINAL 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 to recycle the hazardous recyclable material by means of a final recycling operation, at another authorized facility in Canada and provide the Minister with the name and address of, and the name of a contact person for, that authorized facility, 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 to recycle the hazardous recyclable material by means of a final recycling operation, at an authorized facility in Canada and provide the Minister with the name and address of, and the name of a contact person for, that authorized facility, 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).
Marginal note:Delivery to receiving facility
(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.
Marginal note:Necessary arrangements
(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.
Marginal note:Manner of notice
(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.
Movement Document
Marginal note:Unit of measure
15 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.
Marginal note:Part A
16 (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.
Marginal note:Part A to Minister and provincial authorities
(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.
Marginal note:Part B
(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.
Marginal note:Part C
(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.
Marginal note:Parts B and C to Minister and provincial authorities
(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.
Marginal note:Amendments to Part C
(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.
Marginal note:Delivery to receiving facility
(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
Marginal note:Confirmation
17 (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.
Marginal note:Form and manner of confirmation
(2) The confirmation must be provided in the form and manner specified by the Minister.
Marginal note:Additional information in confirmation
(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
Marginal note:Permit holder
18 (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.
Marginal note:Authorized carrier
(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 2Export
Export Permit
Marginal note:Applicant
19 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 OECD Decision C(2001)107/FINAL; or
(b) they are a municipality or Her Majesty in right of Canada or a province.
Marginal note:Form of application
20 (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.
Marginal note:Notification
(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.
Marginal note:Types of hazardous waste or hazardous recyclable material
(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.
Marginal note:Information in 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;
(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.
Marginal note:Timing and manner of notification
(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.
Marginal note:Refusal to issue permit
21 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 country 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 20.
Marginal note:Period of validity of permit
22 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 OECD Decision C(2001)107/FINAL 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 OECD Decision C(2001)107/FINAL, 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.
Marginal note:New application
23 If a permit needs to be amended the permit holder must apply for a new permit.
Marginal note:Suspension of permit required
24 (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.
Marginal note:Optional suspension of permit
(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;
(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 20;
(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.
Marginal note:Notice
(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(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.
Marginal note:Reinstatement of permit
(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.
Marginal note:Revocation of permit
25 (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.
Marginal note:Notice
(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.
Marginal note:Date of revocation
(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
Marginal note:Conditions
26 (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 OECD Decision C(2001)107/FINAL 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,
(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;
(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 to recycle the hazardous recyclable material by means of a final recycling operation, at another authorized facility in the country of destination and provide the Minister with the name and address of, and the name of a contact person for, that authorized facility, 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
(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
(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 to recycle the hazardous recyclable material by means of a final recycling operation, at an authorized facility 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, that authorized facility, 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
(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).
Marginal note:Delivery to receiving facility
(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.
Marginal note:Necessary arrangements
(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.
Movement Document
Marginal note:Unit of measure
27 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.
Marginal note:Part A
28 (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.
Marginal note:Part A to Minister and provincial authorities
(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.
Marginal note:Part B
(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.
Marginal note:Part C
(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.
Marginal note:Parts B and C to Minister and provincial authorities
(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.
Marginal note:Amendments to Part C
(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 29(1) is to be filed with the Minister.
Marginal note:Delivery to receiving facility
(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
Marginal note:Confirmation
29 (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 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.
Marginal note:Form and manner of confirmation
(2) The confirmation must be provided in the form and manner specified by the Minister.
Marginal note:Additional information in confirmation
(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
Marginal note:Permit holder
30 (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 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.
Marginal note:Authorized carrier
(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 3Export 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
Marginal note:Applicant
31 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.
Marginal note:Form of application
32 (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.
Marginal note:Notification
(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.
Marginal note:Types of hazardous waste or hazardous recyclable material
(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.
Marginal note:Information in 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.
Marginal note:Timing and manner of notification
(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.
Marginal note:Refusal to issue permit
33 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;
(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 32.
Marginal note:Period of validity of permit
34 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 OECD Decision C(2001)107/FINAL, 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 OECD Decision C(2001)107/FINAL, 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.
Marginal note:New application
35 If a permit needs to be amended the permit holder must apply for a new permit.
Marginal note:Suspension of permit required
36 (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.
Marginal note:Optional suspension of permit
(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;
(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 32;
(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.
Marginal note:Notice
(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(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.
Marginal note:Reinstatement of permit
(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.
Marginal note:Revocation of permit
37 (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.
Marginal note:Notice
(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.
Marginal note:Date of revocation
(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
Marginal note:Conditions
38 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
Marginal note:Unit of measure
39 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.
Marginal note:Part A
40 (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.
Marginal note:Part A to Minister and provincial authorities
(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.
Marginal note:Part B
(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.
Marginal note:Part C
(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.
Marginal note:Parts B and C to Minister and provincial authorities
(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.
Marginal note:Delivery to receiving facility
(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
Marginal note:Permit holder
41 (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; and
(b) all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.
Marginal note:Authorized carrier
(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 4Transit Through Canada
Permit for Transit Through Canada
Marginal note:Application
42 (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.
Marginal note:Notification
(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.
Marginal note:Types of hazardous waste or hazardous recyclable material
(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.
Marginal note:Information in 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.
Marginal note:Timing and manner of notification
(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.
Marginal note:Refusal to issue permit
43 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.
Marginal note:Period of validity of permit
44 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 OECD Decision C(2001)107/FINAL 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 OECD Decision C(2001)107/FINAL, 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.
Marginal note:New application
45 If a permit needs to be amended the permit holder must apply for a new permit.
Marginal note:Suspension of permit required
46 (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.
Marginal note:Optional suspension of permit
(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.
Marginal note:Notice
(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(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.
Marginal note:Reinstatement of permit
(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.
Marginal note:Revocation of permit
47 (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.
Marginal note:Notice
(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.
Marginal note:Date of revocation
(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
Marginal note:Conditions
48 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
Marginal note:Unit of measure
49 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.
Marginal note:Part A
50 (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.
Marginal note:Part B
(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.
Marginal note:Parts A and B to Minister
(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
Marginal note:Permit holder
51 (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.
Marginal note:Authorized carrier
(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 5Return to Canada
Permit for Return to Canada
Marginal note:When holder of export permit or permits must apply
52 (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.
Marginal note:Other cases
(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.
Marginal note:Form of application
53 (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.
Marginal note:Notification
(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.
Marginal note:Types of hazardous waste or hazardous recyclable material
(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.
Marginal note:Information in 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.
Marginal note:Manner of notification
(5) The notification must be made in the manner specified by the Minister.
Marginal note:Refusal to issue permit
54 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.
Marginal note:Period of validity of permit
55 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.
Marginal note:New application
56 If a permit needs to be amended the permit holder must apply for a new permit.
Marginal note:Suspension of permit required
57 (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.
Marginal note:Optional suspension of permit
(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;
(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 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.
Marginal note:Notice
(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(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.
Marginal note:Reinstatement of permit
(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.
Marginal note:Revocation of permit
58 (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.
Marginal note:Notice
(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.
Marginal note:Date of revocation
(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
Marginal note:Conditions
59 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
Marginal note:Unit of measure
60 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.
Marginal note:Part A
61 (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.
Marginal note:Part A to Minister and provincial authorities
(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.
Marginal note:Part B
(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.
Marginal note:Part C
(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.
Marginal note:Parts B and C to Minister and provincial authorities
(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.
Marginal note:Amendments to Part C
(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.
Marginal note:Delivery to 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
Marginal note:Permit holder
62 (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.
Marginal note:Authorized carrier
(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 6Return to Foreign Country of Origin
Permit for Return to Foreign Country of Origin
Marginal note:When holder of import permit or permits must apply
63 (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.
Marginal note:Other cases
(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.
Marginal note:Form of application
64 (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.
Marginal note:Notification
(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.
Marginal note:Types of hazardous waste or hazardous recyclable material
(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.
Marginal note:Information in 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
(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.
Marginal note:Manner of notification
(5) The notification must be made in the manner specified by the Minister.
Marginal note:Refusal to issue permit
65 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 64.
Marginal note:Period of validity of permit
66 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.
Marginal note:New application
67 If a permit needs to be amended the permit holder must apply for a new permit.
Marginal note:Suspension of permit required
68 (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.
Marginal note:Optional suspension of permit
(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;
(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 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.
Marginal note:Notice
(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(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.
Marginal note:Reinstatement of permit
(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.
Marginal note:Revocation of permit
69 (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.
Marginal note:Notice
(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.
Marginal note:Manner of notice
(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.
Marginal note:Representations
(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.
Marginal note:Date of revocation
(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 Foreign Country of Origin
Marginal note:Conditions
70 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 the country of origin 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 71 and 72;
(d) the movement document completed in accordance with section 72 must be provided, in accordance with that section, to the Minister and the authorities of the province where the facility from which the shipment is shipped 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 72, 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 72, 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;
(g) the shipment must be delivered to the facility in the country of origin from which the hazardous waste or hazardous recyclable material was originally shipped unless another facility in the country of origin 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 73 must be kept in accordance with that section.
Movement Document
Marginal note:Unit of measure
71 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.
Marginal note:Part A
72 (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 64(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 64(4), with the exception of the information referred to in clauses 6(j)(iii)(A), (E) and (K) of Schedule 3;
(c) the remaining information set out in subitem 1(6) 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.
Marginal note:Part A to Minister and provincial authorities
(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.
Marginal note:Part B
(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.
Marginal note:Part C
(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.
Marginal note:Parts B and C to Minister and provincial authorities
(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 from which the shipment was shipped is located, if those authorities ask for it.
Marginal note:Amendments to Part C
(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.
Marginal note:Delivery to 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
Marginal note:Permit holder
73 (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.
Marginal note:Authorized carrier
(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 7Liability Insurance
Marginal note:Non-application to the Crown
74 This Division does not apply to Her Majesty in right of Canada or a province.
Marginal note:Amount of insurance — permit holder
75 (1) The amount of liability insurance to be held by a permit holder referred to in any of Divisions 1 to 3, 5 and 6 of this Part is
(a) at least $5,000,000 in respect of a shipment that contains hazardous waste; and
(b) at least $1,000,000 in respect of a shipment that contains hazardous recyclable material.
Marginal note:Amount of insurance — authorized carrier
(2) The amount of liability insurance to be held by an authorized carrier that transports a shipment that contains hazardous waste or hazardous recyclable material in Canada is the amount required under federal or provincial legislation that applies to it in respect of the transport of that shipment.
Marginal note:Coverage
76 The liability insurance to be held by a permit holder must be in respect of
(a) damages to third parties for which the permit holder is responsible; and
(b) costs imposed by law on the permit holder to clean up the environment in respect of any hazardous waste or hazardous recyclable material that is released.
Marginal note:Period of coverage
77 The insurance must cover liability that arises
(a) for a permit holder that imports a shipment under Division 1 of this Part, from the time that the shipment enters Canada until all of the hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility, or, in the circumstances set out in paragraph 14(1)(u) or (v), until it either is accepted by an authorized facility in Canada that is to perform the final disposal operation or final recycling operation or is shipped from a facility in Canada for return under Division 6 of this Part;
(b) for a permit holder that exports a shipment under Division 2 of this Part, from the time that the shipment is shipped from a facility in Canada until all of the hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility or
(i) in the circumstances set out in paragraph 26(1)(v), until it either is accepted by an authorized facility in the country of destination that is to perform the final disposal operation or final recycling operation or is shipped under Division 5 of this Part from a facility for return to Canada, or
(ii) in the circumstances set out in paragraph 26(1)(w), until it either is accepted by an authorized facility that is located in the applicable country of destination or transit and that is to perform the final disposal operation or final recycling operation or is shipped under Division 5 of this Part from a facility for return to Canada;
(c) for a permit holder that, under Division 3 of this Part, exports a shipment and imports it to Canada after it is conveyed in transit through a foreign country, from the time that the shipment is shipped from a facility in Canada until all of the hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by an authorized facility in Canada;
(d) for a permit holder that imports a shipment for return to Canada under Division 5 of this Part, from the time that the shipment is shipped from a facility in the foreign country until it arrives at the facility in Canada to which it is shipped under that Division;
(e) for a permit holder that exports a shipment for return to a foreign country of origin under Division 6 of this Part, from the time that the shipment is shipped from a facility in Canada until it leaves Canada; and
(f) for an authorized carrier, for the duration of the transportation in Canada.
DIVISION 8Export Reduction Plans
Marginal note:Content of plan
78 (1) The plan referred to in subsection 188(1) of the Act must contain
(a) for each type of hazardous waste to which the plan applies,
(i) the applicable UN number set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations or, if no UN number applies to it under those Regulations, the abbreviation “n/a”,
(ii) the applicable class set out in column 3 of Schedule 1 to the Transportation of Dangerous Goods Regulations, and
(iii) the following codes:
(A) the applicable codes set out in column 1 of Part 1 of Schedule 11,
(B) the disposal code set out in column 1 of Part 1 of Schedule 1 for the applicable operation set out in column 2 of that Part to be performed at the receiving facility,
(C) the letter L when the hazardous waste is a liquid, the letter P when it is a sludge, the letter S when it is a solid and the letter G when it is a gas, followed in each case by the applicable code set out in column 1 of Part 2 of Schedule 11,
(D) the applicable codes set out in column 1 of Part 3 of Schedule 11,
(E) the applicable codes set out in column 1 of Part 4 of Schedule 11,
(F) the applicable code set out in column 1 of Part 5 of Schedule 11,
(G) the applicable codes set out in Annex I or II to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,
(H) the applicable code, if any, set out in List A of Annex VIII to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,
(I) in the case of hazardous waste that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,
(J) in the case of hazardous waste that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and
(K) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste;
(b) if the exporter generates the hazardous waste referred to in the plan, the name and description of the process that generates the hazardous waste and of the activity in which that process is used;
(c) the origin of the hazardous waste if the exporter does not generate it;
(d) the quantity of hazardous waste exported at the start of the implementation of the plan and the quantity of export reduction to be achieved at each stage of the plan;
(e) a description of how the exporter will reduce or phase out exports of the hazardous waste referred to in the plan;
(f) the options considered for reducing or phasing out exports of the hazardous waste referred to in the plan, including options for disposing of it in Canada;
(g) the stages of the plan and a schedule for completing each stage; and
(h) for each stage of the plan, an estimate of the quantity, in kilograms or litres, of goods produced that generate the hazardous waste referred to in the plan and a description of the impact of any changes to the quantity produced on the reduction or phasing out of exports of that hazardous waste.
Marginal note:Retention of plan
(2) A person who submits a plan to the Minister must keep a copy of the plan at their principal place of business in Canada for a period of five years after the day on which the last stage of the plan is completed.
PART 2Movement Within Canada
Conditions Relating to Movement Within Canada
Marginal note:Conditions
79 For the purposes of subsection 189(1) of the Act, the movement by a person of hazardous waste or hazardous recyclable material within Canada is subject to the following conditions:
(a) the shipment that contains the hazardous waste or hazardous recyclable material must be shipped by a consignor to a site that is owned, operated or otherwise controlled by a consignee;
(b) the shipment must be recorded in a movement document in accordance with section 80;
(c) the movement document completed in accordance with section 80 must be provided, in accordance with that section, to the consignor and to the authorities of the provinces from which the shipment is shipped and to which it is delivered;
(d) the shipment must be transported only by authorized carriers;
(e) while they transport the shipment, every authorized carrier must produce Parts A and B of the movement document completed in accordance with section 80 when they are required to do so to demonstrate that the movement of the shipment complies with this Part; and
(f) the documents referred to in section 81 must be kept in accordance with that section.
Movement Document
Marginal note:Part A
80 (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped by a consignor, the consignor must ensure that Part A of the movement document is completed as follows:
(a) 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(g)(i) and (ii) of Schedule 4;
(b) each type of hazardous waste or hazardous recyclable material for which all of that information is the same must be recorded as a line entry;
(c) the information set out in paragraph 1(g) of Schedule 4 must be included in each line entry;
(d) the remaining information set out in item 1 of Schedule 4 and a certification that the information provided is accurate and complete must be included; and
(e) the individual who provides the information and certification must date and sign Part A.
Marginal note:Part A to provincial authorities
(2) Within three working days after the day on which the shipment is shipped, the consignor must ensure that Part A of the movement document is provided, in the form and manner specified by the Minister, to the authorities of the provinces from which the shipment is shipped and to which it is or is to be delivered, if those authorities ask for it.
Marginal note:Part B
(3) Each authorized carrier must
(a) 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 4 and a certification that the information provided is accurate and complete; and
(b) ensure that the individual who provides the information and certification dates and signs Part B.
Marginal note:Part C
(4) Within three working days after the day on which the shipment is delivered to the site, the consignee must ensure that
(a) Part C of the movement document — with Part A completed in accordance with subsection (1) — is completed by including the information set out in item 3 of Schedule 4 and a certification that the information provided is accurate and complete;
(b) the individual who provides the information and certification dates and signs Part C; and
(c) Part B of the movement document completed by each authorized carrier and Part C of the movement document are provided to the consignor.
Marginal note:Parts B and C — provincial authorities
(5) The consignee must ensure that Part B completed by each authorized carrier and Part C of the movement document are provided to the authorities of the provinces from which the shipment is shipped and to which it is delivered, if those authorities ask for it.
Marginal note:Delivery to site
(6) For the purposes of subsection (4), delivery of a shipment to the site occurs when the shipment arrives at the site, regardless of when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the consignee.
Record Retention
Marginal note:Consignor
81 (1) The consignor must keep all documents that are necessary to demonstrate their compliance with this Part at their principal place of business in Canada for a period of five years after the day on which the shipment is shipped.
Marginal note:Consignee
(2) The consignee must keep all documents that are necessary to demonstrate their compliance with this Part at their principal place of business in Canada for a period of five years after the day on which the shipment is delivered to the site.
Marginal note:Authorized carrier
(3) Each authorized carrier must keep all documents that are necessary to demonstrate that the movement of the shipment complies with this Part at their principal place of business in Canada for a period of five years after the day on which they took possession of the shipment.
Marginal note:Delivery to site
(4) For the purposes of subsection (2), delivery of a shipment to the site occurs when the shipment arrives at the site, regardless of when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the consignee.
PART 3Consequential Amendments, Transitional Provision, Repeals and Coming into Force
Consequential Amendments
Cargo, Fumigation and Tackle Regulations
82 [Amendments]
PCB Regulations
83 [Amendments]
Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)
84 [Amendments]
Export of Substances on the Export Control List Regulations
85 [Amendments]
86 [Amendments]
87 [Amendments]
88 [Amendments]
Environmental Violations Administrative Monetary Penalties Regulations
89 [Amendments]
90 [Amendments]
91 [Amendments]
92 [Amendments]
Physical Activities Regulations
93 [Amendments]
Transitional Provision
Marginal note:Previous notices and permits
94 If a notice is submitted to the Minister as an application for a permit under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, or a permit is issued in connection with such a notice, those Regulations, as they read immediately before the coming into force of these Regulations, apply to the notice or the permit and to the movement, and the disposal or recycling, of hazardous waste or hazardous recyclable material under the permit.
Repeals
95 The following Regulations are repealed:
(a) the PCB Waste Export Regulations, 1996Footnote 7;
Return to footnote 7SOR/97-109
(b) the Interprovincial Movement of Hazardous Waste RegulationsFootnote 8; and
Return to footnote 8SOR/2002-301
(c) the Export and Import of Hazardous Waste and Hazardous Recyclable Material RegulationsFootnote 9.
Return to footnote 9SOR/2005-149
Coming into Force
Marginal note:October 31, 2021
96 These Regulations come into force on October 31, 2021.
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)
Disposal Operations
Column 1 | Column 2 | |
---|---|---|
Item | Disposal Code | Operation |
1 | D1 | Release into or onto land, other than by an operation that bears any of the disposal codes D3 to D5 and D12. |
2 | D2 | Land treatment, such as biodegradation of liquids or sludges in soil. |
3 | D3 | Deep injection, such as injection into wells, salt domes, mines or naturally occurring repositories. |
4 | D4 | Surface impoundment, such as placing liquids or sludges into pits, ponds or lagoons. |
5 | D5 | Specially engineered landfilling, such as placement into separate lined cells that are isolated from each other and the environment. |
6 | D6 | Release into water, other than a sea or ocean, other than by an operation that bears the disposal code D4. |
7 | D7 | Release into a sea or ocean, including sea-bed insertion, other than by an operation that bears the disposal code D4. |
8 | D8 | Biological treatment, not otherwise set out in this Schedule. |
9 | D9 | Physical or chemical treatment, not otherwise set out in this Schedule, such as calcination, neutralization or precipitation. |
10 | D10 | Incineration or thermal treatment on land. |
11 | D11 | Incineration or thermal treatment at sea. |
12 | D12 | Permanent storage. |
13 | D13 | Interim blending or mixing, before an operation that bears any of the disposal codes D1 to D12. |
14 | D14 | Interim repackaging, before an operation that bears any of the disposal codes D1 to D12. |
15 | D15 | Interim storage, before an operation that bears any of the disposal codes D1 to D12. |
16 | DC1 | Release, including the venting of compressed or liquified gases, or treatment, other than by an operation that bears any of the disposal codes D1 to D12. |
17 | DC2 | Testing of a new disposal technology. |
Recycling Operations
Column 1 | Column 2 | |
---|---|---|
Item | Recycling Code | Operation |
1 | R1 | Use as a fuel in an energy recovery system when the net heating value of the recyclable material is at least 12 780 kJ/kg. |
2 | R2 | Recovery or regeneration of substances that have been used as solvents. |
3 | R3 | Recovery of organic substances that have not been used as solvents. |
4 | R4 | Recovery of metals and metal compounds. |
5 | R5 | Recovery of inorganic material other than metals or metal compounds. |
6 | R6 | Regeneration of acids or bases. |
7 | R7 | Recovery of components used for pollution abatement. |
8 | R8 | Recovery of components from catalysts. |
9 | R9 | Re-refining or re-use of used oil, other than by an operation that bears the recycling code R1. |
10 | R10 | Land treatment resulting in agricultural or ecological improvement. |
11 | R11 | Use of residual material obtained by an operation that bears any of the recycling codes R1 to R10 and RC1. |
12 | R12 | Interim exchange of a recyclable material for another recyclable material before recycling by an operation that bears any of the recycling codes R1 to R11 and RC1. |
13 | R13 | Interim accumulation before recycling by an operation that bears any of the recycling codes R1 to R11 and RC1. |
14 | RC1 | Recovery or regeneration of a substance, other than by an operation that bears any of the recycling codes R1 to R10. |
15 | RC2 | Testing of a new recycling technology. |
16 | RC3 | Interim storage before an operation that bears any of the recycling codes R1 to R11 and RC1. |
SCHEDULE 2(Section 1, paragraphs 2(1)(d) and 4(1)(d), clause 78(1)(a)(iii)(J) and Schedules 3 and 4)
Environmentally Hazardous Constituents
Column 1 | Column 2 | Column 3 | Column 4 | |
---|---|---|---|---|
Item | Code | CAS Registry NumberFootnote for Environmentally Hazardous Constituentsa | Hazardous Constituents | Concentration (mg/L) |
1 | L1 | 93-72-1 | 1.00 | |
2 | L2 | 94-75-7 | 10.000 | |
3 | L3 | Aldrin + Dieldrin | 0.070 | |
4 | L4 | 7440-38-2 | Arsenic | 2.500 |
5 | L5 | 7440-39-3 | Barium | 100.000 |
6 | L6 | 7440-42-8 | Boron | 500.000 |
7 | L7 | 7440-43-9 | Cadmium | 0.500 |
8 | L8 | 63-25-2 | 9.000 | |
9 | L9 | 57-74-9 | Chlordane | 0.700 |
10 | L10 | 7440-47-3 | Chromium | 5.000 |
11 | L11 | 57-12-5 | Cyanide | 20.000 |
12 | L12 | 50-29-3 | DDT | 3.000 |
13 | L13 | 333-41-5 | 2.000 | |
14 | L14 | 72-20-8 | Endrin | 0.02 |
15 | L15 | 16984-48-8 | Fluoride | 150.00 |
16 | L16 | Heptachlor + Heptachlor epoxide | 0.30 | |
17 | L17 | 7439-92-1 | Lead | 5.00 |
18 | L18 | 58-89-9 | Lindane | 0.40 |
19 | L19 | 7439-97-6 | Mercury | 0.10 |
20 | L20 | 72-43-5 | 90.00 | |
21 | L21 | 298-00-0 | Methyl parathion | 0.70 |
22 | L22 | Nitrate + Nitrite | 1000.000 | |
23 | L23 | 139-13-9 | 40.00 | |
24 | L24 | 14797-65-0 | Nitrite | 320.00 |
25 | L26 | 56-38-2 | Parathion | 5.00 |
26 | L27 | 7782-49-2 | Selenium | 1.00 |
27 | L29 | 8001-35-2 | Toxaphene | 0.50 |
28 | L30 | NA | Trihalomethanes — Total | 10.00 |
29 | L31 | 7440-61-1 | Uranium | 10.00 |
30 | L32 | 116-06-3 | Aldicarb | 0.900 |
31 | L33 | 1912-24-9Footnote for Environmentally Hazardous Constituentsb | Atrazine + N dealkylated-metabolites | 0.500 |
32 | L34 | 86-50-0 | Azinphos-methyl | 2.000 |
33 | L35 | 22781-23-3 | Bendiocarb | 4.000 |
34 | L36 | 71-43-2 | Benzene | 0.500 |
35 | L37 | 50-32-8 | Benzo[a]pyrene | 0.001 |
36 | L38 | 1689-84-5 | Bromoxynil | 0.500 |
37 | L39 | 1563-66-2 | Carbofuran | 9.000 |
38 | L40 | 56-23-5 | 0.5000 | |
39 | L41 | 10599-90-3 | Chloramine | 300.000 |
40 | L42 | 108-90-7 | 8.000 | |
41 | L43 | 67-66-3 | Chloroform | 10.000 |
42 | L44 | 2921-88-2 | Chlorpyrifos | 9.000 |
43 | L45 | 1319-77-3 | Cresol (Mixture — total of all isomers, when isomers cannot be differentiated) | 200.000 |
44 | L46 | 108-39-4 | m-Cresol | 200.000 |
45 | L47 | 95-48-7 | o-Cresol | 200.000 |
46 | L48 | 106-44-5 | p-Cresol | 200.000 |
47 | L49 | 21725-46-2 | Cyanazine | 1.000 |
48 | L50 | 120-83-2 | 90.000 | |
49 | L51 | 1918-00-9 | Dicamba | 12.000 |
50 | L52 | 95-50-1 | 20.00 | |
51 | L53 | 106-46-7 | 0.50 | |
52 | L54 | 107-06-2 | 5.0 | |
53 | L55 | 75-35-4 | 1.40 | |
54 | L56 | 75-09-2 | 5.00 | |
55 | L57 | 51338-27-3 | Diclofop-methyl | 0.90 |
56 | L58 | 60-51-5 | Dimethoate | 2.00 |
57 | L59 | 121-14-2 | 2,4-Dinitrotoluene | 0.13 |
58 | L60 | 88-85-7 | Dinoseb | 1.00 |
59 | L70 | 2764-72-9 | Diquat | 7.00 |
60 | L71 | 330-54-1 | Diuron | 15.00 |
61 | L72 | 1071-83-6 | Glyphosate | 28.00 |
62 | L73 | 118-74-1 | Hexachlorobenzene | 0.13 |
63 | L74 | 87-68-3 | Hexachlorobutadiene | 0.50 |
64 | L75 | 67-72-1 | Hexachloroethane | 3.00 |
65 | L76 | 121-75-5 | Malathion | 19.00 |
66 | L77 | 78-93-3 | 200.00 | |
67 | L79 | 51218-45-2 | Metolachlor | 5.00 |
68 | L80 | 21087-64-9 | Metribuzin | 8.00 |
69 | L81 | 14797-55-8 | Nitrate | 4500.00 |
70 | L82 | 98-95-3 | Nitrobenzene | 2.00 |
71 | L83 | 1910-42-5 | Paraquat | 1.00 |
72 | L84 | 87-86-5 | Pentachlorophenol | 6.00 |
73 | L85 | 298-02-2 | Phorate | 0.20 |
74 | L86 | 1918-02-1 | Picloram | 19.00 |
75 | L87 | 110-86-1 | Pyridine | 5.00 |
76 | L88 | 122-34-9 | Simazine | 1.00 |
77 | L89 | 93-76-5 | 28.00 | |
78 | L90 | 3383-96-8 | Temefos | 28.00 |
79 | L91 | 13071-79-9 | Terbufos | 0.10 |
80 | L92 | 127-18-4 | Tetrachloroethylene | 3.00 |
81 | L93 | 58-90-2 | 10.00 | |
82 | L94 | 2303-17-5 | Triallate | 23.00 |
83 | L95 | 79-01-6 | Trichloroethylene | 5.00 |
84 | L96 | 95-95-4 | 400.00 | |
85 | L97 | 88-06-2 | 0.50 | |
86 | L98 | 1582-09-8 | Trifluralin | 4.50 |
87 | L99 | 75-01-4 | Vinyl chloride | 0.20 |
88 | L100 | NAFootnote for Environmentally Hazardous Constituentsc | Polychlorinated dibenzo dioxins and furans | 0.0000015 TEQ |
Return to footnote aCAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.
Return to footnote bCAS numbers are provided for parent or main compound only.
Return to footnote cMixture of isomers.
SCHEDULE 3(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))Notification for Import, Export and Transit Permits — Information Required
1 The following information is required in a notification for an import permit:
(a) the reference number that is provided by the Minister for the notification;
(b) the applicant’s name, telephone number, email address, mailing address and unique identification number;
(c) the applicant’s civic address in Canada, which, in the case of a corporation, is the address of its head office or branch office in Canada;
(d) the foreign exporter’s name, mailing address and unique identification number;
(e) the name, civic address and unique identification number of
(i) the facility from which the hazardous waste or hazardous recyclable material is to be shipped,
(ii) the receiving facility, and
(iii) every other authorized facility that is to perform a final disposal operation or final recycling operation;
(f) the name, mailing address and unique identification number of each authorized carrier that is to transport the hazardous waste or hazardous recyclable material and each mode of transportation that is to be used by them;
(g) the name, telephone number and email address of the contact person for
(i) the applicant,
(ii) the foreign exporter,
(iii) the facility from which the hazardous waste or hazardous recyclable material is to be shipped,
(iv) the receiving facility,
(v) every other authorized facility that is to perform a final disposal operation or final recycling operation, and
(vi) each authorized carrier that is to transport the hazardous waste or hazardous recyclable material;
(h) each customs office at which the hazardous waste or hazardous recyclable material is required to be reported under section 12 of the Customs Act;
(i) each country of transit; and
(j) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the notification,
(i) the applicable UN number set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations or, if no UN number applies to it under those Regulations, the abbreviation “n/a”,
(ii) the applicable class set out in column 3 of Schedule 1 to the Transportation of Dangerous Goods Regulations,
(iii) the following codes:
(A) the applicable codes set out in column 1 of Part 1 of Schedule 11,
(B) the disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1 for the applicable operation set out in column 2 of that Part to be performed at the receiving facility,
(C) the letter L when the hazardous waste or hazardous recyclable material is a liquid, the letter P when it is a sludge, the letter S when it is a solid and the letter G when it is a gas, followed in each case by the applicable code set out in column 1 of Part 2 of Schedule 11,
(D) the applicable codes set out in column 1 of Part 3 of Schedule 11 or C0 when no code is applicable,
(E) the applicable codes set out in column 1 of Part 4 of Schedule 11 or H0 when no code is applicable,
(F) the applicable code set out in column 1 of Part 5 of Schedule 11,
(G) the applicable codes set out in Annex I or II to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada or Y0 when no code is applicable,
(H) the applicable code, if any, set out in List A of Annex VIII to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,
(I) in the case of hazardous recyclable material that is either to be imported from a country of origin, or conveyed in transit through a country, that is subject to OECD Decision C(2001)107/FINAL, the applicable code, if any, set out in Part II of Appendix 4 to that Decision, as amended from time to time, to the extent that the amendments are binding on Canada,
(J) in the case of hazardous waste that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,
(K) in the case of hazardous waste or hazardous recyclable material that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and
(L) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material,
(iv) the total quantity of that type of hazardous waste or hazardous recyclable material, in kilograms or litres, to be shipped under the permit,
(v) the proposed number of shipments of that type of hazardous waste or hazardous recyclable material to be shipped under the permit,
(vi) the disposal or recycling code for the final disposal operation or final recycling operation that is to be performed on that type of hazardous waste or hazardous recyclable material by an authorized facility other than the receiving facility and the name of the authorized facility that is to perform that operation, and
(vii) the quantity and concentration of every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material.
2 The following information is required in a notification for an export permit:
(a) the reference number that is provided by the Minister for the notification;
(b) the applicant’s name, telephone number, email address, mailing address and unique identification number;
(c) the applicant’s civic address in Canada, which, in the case of a corporation, is the address of its head office or branch office in Canada;
(d) the foreign importer’s name, mailing address and unique identification number;
(e) the name, civic address and unique identification number of
(i) the facility from which the hazardous waste or hazardous recyclable material is to be shipped,
(ii) the receiving facility, and
(iii) every other authorized facility that is to perform a final disposal operation or final recycling operation;
(f) the name, mailing address and unique identification number of each authorized carrier that is to transport the hazardous waste or hazardous recyclable material and each mode of transportation that is to be used by them;
(g) the name, telephone number and email address of the contact person for
(i) the applicant,
(ii) the foreign importer,
(iii) the facility from which the hazardous waste or hazardous recyclable material is to be shipped,
(iv) the receiving facility,
(v) every other authorized facility that is to perform a final disposal operation or final recycling operation, and
(vi) each authorized carrier that is to transport the hazardous waste or hazardous recyclable material;
(h) each customs office at which the hazardous waste or hazardous recyclable material is required to be reported under section 95 of the Customs Act;
(i) each country of transit; and
(j) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the notification,
(i) the applicable UN number set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations or, if no UN number applies to it under those Regulations, the abbreviation “n/a”,
(ii) the applicable class set out in column 3 of Schedule 1 to the Transportation of Dangerous Goods Regulations,
(iii) the following codes:
(A) the applicable codes set out in column 1 of Part 1 of Schedule 11,
(B) the disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1 for the applicable operation set out in column 2 of that Part to be performed at the receiving facility,
(C) the letter L when the hazardous waste or hazardous recyclable material is a liquid, the letter P when it is a sludge, the letter S when it is a solid and the letter G when it is a gas, followed in each case by the applicable code set out in column 1 of Part 2 of Schedule 11,
(D) the applicable codes set out in column 1 of Part 3 of Schedule 11 or C0 when no code is applicable,
(E) the applicable codes set out in column 1 of Part 4 of Schedule 11 or H0 when no code is applicable,
(F) the applicable code set out in column 1 of Part 5 of Schedule 11,
(G) the applicable codes set out in Annex I or II to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada or Y0 when no code is applicable,
(H) the applicable code, if any, set out in List A of Annex VIII to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,
(I) in the case of hazardous recyclable material that is either to be exported to a country of destination, or conveyed in transit through a country, that is subject to OECD Decision C(2001)107/FINAL, the applicable code, if any, set out in Part II of Appendix 4 to that Decision, as amended from time to time, to the extent that the amendments are binding on Canada,
(J) in the case of hazardous waste that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,
(K) in the case of hazardous waste or hazardous recyclable material that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and
(L) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material,
(iv) the total quantity of that type of hazardous waste or hazardous recyclable material, in kilograms or litres, to be shipped under the permit,
(v) the proposed number of shipments of that type of hazardous waste or hazardous recyclable material to be shipped under the permit,
(vi) the disposal or recycling code for the final disposal operation or final recycling operation that is to be performed on that type of hazardous waste or hazardous recyclable material by an authorized facility other than the receiving facility and the name of the authorized facility that is to perform that operation, and
(vii) the quantity and concentration of every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material.
3 The following information is required in a notification 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:
(a) the reference number that is provided by the Minister for the notification;
(b) the applicant’s name, telephone number, email address, mailing address and unique identification number;
(c) the applicant’s civic address in Canada, which, in the case of a corporation, is the address of its head office or branch office in Canada;
(d) the name, civic address and unique identification number of
(i) the facility from which the hazardous waste or hazardous recyclable material is to be shipped,
(ii) the receiving facility, and
(iii) every other authorized facility that is to perform a final disposal operation or final recycling operation;
(e) the name, mailing address and unique identification number of each authorized carrier that is to transport the hazardous waste or hazardous recyclable material and each mode of transportation that is to be used by them;
(f) the name, telephone number and email address of the contact person for
(i) the applicant,
(ii) the facility from which the hazardous waste or hazardous recyclable material is to be shipped,
(iii) the receiving facility,
(iv) every other authorized facility that is to perform a final disposal operation or final recycling operation, and
(v) each authorized carrier that is to transport the hazardous waste or hazardous recyclable material;
(g) each customs office at which the hazardous waste or hazardous recyclable material is required to be reported under sections 12 and 95 of the Customs Act or an indication that one or both of those sections do not apply;
(h) each country of transit; and
(i) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the notification,
(i) the applicable UN number set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations or, if no UN number applies to it under those Regulations, the abbreviation “n/a”,
(ii) the applicable class set out in column 3 of Schedule 1 to the Transportation of Dangerous Goods Regulations,
(iii) the following codes:
(A) the applicable codes set out in column 1 of Part 1 of Schedule 11,
(B) the disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1 for the applicable operation set out in column 2 of that Part to be performed at the receiving facility,
(C) the letter L when the hazardous waste or hazardous recyclable material is a liquid, the letter P when it is a sludge, the letter S when it is a solid and the letter G when it is a gas, followed in each case by the applicable code set out in column 1 of Part 2 of Schedule 11,
(D) the applicable codes set out in column 1 of Part 3 of Schedule 11 or C0 when no code is applicable,
(E) the applicable codes set out in column 1 of Part 4 of Schedule 11 or H0 when no code is applicable,
(F) the applicable code set out in column 1 of Part 5 of Schedule 11,
(G) the applicable codes set out in Annex I or II to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada or Y0 when no code is applicable,
(H) the applicable code, if any, set out in List A of Annex VIII to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,
(I) in the case of hazardous recyclable material that is to be conveyed in transit through a country that is subject to OECD Decision C(2001)107/FINAL, the applicable code, if any, set out in Part II of Appendix 4 to that Decision, as amended from time to time, to the extent that the amendments are binding on Canada,
(J) in the case of hazardous waste that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,
(K) in the case of hazardous waste or hazardous recyclable material that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and
(L) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material,
(iv) the total quantity of that type of hazardous waste or hazardous recyclable material, in kilograms or litres, to be shipped under the permit,
(v) the proposed number of shipments of that type of hazardous waste or hazardous recyclable material to be shipped under the permit,
(vi) the disposal or recycling code for the final disposal operation or final recycling operation that is to be performed on that type of hazardous waste or hazardous recyclable material by an authorized facility other than the receiving facility and the name of the authorized facility that is to perform that operation, and
(vii) the quantity and concentration of every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material.
4 The following information is required in a notification for a permit to convey hazardous waste or hazardous recyclable material in transit through Canada:
(a) the reference number that is provided by the Minister for the notification;
(b) the applicant’s name, telephone number, email address, civic address — and, if different, mailing address — and unique identification number;
(c) the foreign importer’s name, mailing address and unique identification number;
(d) the name, civic address and unique identification number of
(i) the facility from which the hazardous waste or hazardous recyclable material is to be shipped, and
(ii) the receiving facility;
(e) the name, mailing address and unique identification number of each authorized carrier that is to transport the hazardous waste or hazardous recyclable material in Canada and each mode of transportation that is to be used by them;
(f) the name, telephone number and email address of the contact person for
(i) the applicant,
(ii) the foreign importer,
(iii) the facility from which the hazardous waste or hazardous recyclable material is to be shipped,
(iv) the receiving facility, and
(v) each authorized carrier that is to transport the hazardous waste or hazardous recyclable material in Canada;
(g) each customs office at which the hazardous waste or hazardous recyclable material is required to be reported under sections 12 and 95 of the Customs Act or an indication that one or both of those sections do not apply;
(h) each foreign country of transit; and
(i) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the notification,
(i) the applicable UN number set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations or, if no UN number applies to it under those Regulations, the abbreviation “n/a”,
(ii) the applicable class set out in column 3 of Schedule 1 to the Transportation of Dangerous Goods Regulations,
(iii) the following codes:
(A) the applicable codes set out in column 1 of Part 1 of Schedule 11,
(B) the disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1 for the applicable operation set out in column 2 of that Part to be performed at the receiving facility,
(C) the letter L when the hazardous waste or hazardous recyclable material is a liquid, the letter P when it is a sludge, the letter S when it is a solid and the letter G when it is a gas, followed in each case by the applicable code set out in column 1 of Part 2 of Schedule 11,
(D) the applicable codes set out in column 1 of Part 3 of Schedule 11 or C0 when no code is applicable,
(E) the applicable codes set out in column 1 of Part 4 of Schedule 11 or H0 when no code is applicable,
(F) the applicable code set out in column 1 of Part 5 of Schedule 11,
(G) the applicable codes set out in Annex I or II to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada or Y0 when no code is applicable,
(H) the applicable code, if any, set out in List A of Annex VIII to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,
(I) in the case of hazardous recyclable material that is either to be exported to a country of destination, or conveyed in transit through a country, that is subject to OECD Decision C(2001)107/FINAL, the applicable code, if any, set out in Part II of Appendix 4 to that Decision, as amended from time to time, to the extent that the amendments are binding on Canada,
(J) in the case of hazardous waste that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,
(K) in the case of hazardous waste or hazardous recyclable material that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and
(L) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material,
(iv) the total quantity of that type of hazardous waste or hazardous recyclable material, in kilograms or litres, to be shipped under the permit,
(v) the proposed number of shipments of that type of hazardous waste or hazardous recyclable material to be shipped under the permit, and
(vi) the quantity and concentration of every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material.
5 The following information is required in a notification for an import permit to return hazardous waste or hazardous recyclable material to Canada:
(a) the reference number that is provided by the Minister for the notification;
(b) if the applicant is the permit holder referred to in subsection 52(1),
(i) the reference number of the movement document or movement documents for the shipment of the hazardous waste or hazardous recyclable material under the original export permit or permits,
(ii) every line entry in that movement document or movement documents that applies to the hazardous waste or hazardous recyclable material that is to be returned to Canada, and
(iii) the name, mailing address and unique identification number of the foreign importer that is named in the original export permit or permits;
(c) the applicant’s name, telephone number, email address, mailing address and unique identification number;
(d) the applicant’s civic address in Canada, which, in the case of a corporation, is the address of its head office or branch office in Canada;
(e) the name, civic address and unique identification number of
(i) the facility in the foreign country from which the hazardous waste or hazardous recyclable material is to be shipped, and
(ii) the facility in Canada to which the hazardous waste or hazardous recyclable material is to be delivered;
(f) the name, mailing address and unique identification number of each authorized carrier that is to transport the hazardous waste or hazardous recyclable material and each mode of transportation that is to be used by them;
(g) the name, telephone number and email address of the contact person for
(i) the applicant,
(ii) if applicable, the foreign importer that is named in the original export permit or permits,
(iii) the facility in the foreign country from which the hazardous waste or hazardous recyclable material is to be shipped,
(iv) the facility in Canada to which the hazardous waste or hazardous recyclable material is to be delivered, and
(v) each authorized carrier that is to transport the hazardous waste or hazardous recyclable material;
(h) each customs office at which the hazardous waste or hazardous recyclable material is required to be reported under section 12 of the Customs Act;
(i) each country of transit; and
(j) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the notification,
(i) the applicable UN number set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations or, if no UN number applies to it under those Regulations, the abbreviation “n/a”,
(ii) the applicable class set out in column 3 of Schedule 1 to the Transportation of Dangerous Goods Regulations,
(iii) the following codes:
(A) the applicable codes set out in column 1 of Part 1 of Schedule 11,
(B) the letter L when the hazardous waste or hazardous recyclable material is a liquid, the letter P when it is a sludge, the letter S when it is a solid and the letter G when it is a gas, followed in each case by the applicable code set out in column 1 of Part 2 of Schedule 11,
(C) the applicable codes set out in column 1 of Part 3 of Schedule 11 or C0 when no code is applicable,
(D) the applicable codes set out in column 1 of Part 4 of Schedule 11 or H0 when no code is applicable,
(E) the applicable code set out in column 1 of Part 5 of Schedule 11,
(F) the applicable codes set out in Annex I or II to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada or Y0 when no code is applicable,
(G) the applicable code, if any, set out in List A of Annex VIII to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,
(H) in the case of hazardous recyclable material that is either to be returned from, or conveyed in transit through, a country that is subject to OECD Decision C(2001)107/FINAL, the applicable code, if any, set out in Part II of Appendix 4 to that Decision, as amended from time to time, to the extent that the amendments are binding on Canada,
(I) in the case of hazardous waste that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,
(J) in the case of hazardous waste or hazardous recyclable material that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and
(K) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material,
(iv) the quantity of that type of hazardous waste or hazardous recyclable material, in kilograms or litres, to be returned under the permit, and
(v) the quantity and concentration of every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material.
6 The following information is required in a notification for an export permit to return hazardous waste or hazardous recyclable material to a foreign country of origin:
(a) the reference number that is provided by the Minister for the notification;
(b) if the applicant is the permit holder referred to in subsection 63(1),
(i) the reference number of the movement document or movement documents for the shipment of the hazardous waste or hazardous recyclable material under the original import permit or permits,
(ii) every line entry in that movement document or movement documents that applies to the hazardous waste or hazardous recyclable material that is to be returned to the country of origin, and
(iii) the name, mailing address and unique identification number of the foreign exporter that is named in the original import permit or permits;
(c) the applicant’s name, telephone number, email address, mailing address and unique identification number;
(d) the applicant’s civic address in Canada, which, in the case of a corporation, is the address of its head office or branch office in Canada;
(e) the name, civic address and unique identification number of
(i) the facility in Canada from which the hazardous waste or hazardous recyclable material is to be shipped, and
(ii) the facility in the country of origin to which the hazardous waste or hazardous recyclable material is to be delivered;
(f) the name, mailing address and unique identification number of each authorized carrier that is to transport the hazardous waste or hazardous recyclable material and each mode of transportation that is to be used by them;
(g) the name, telephone number and email address of the contact person for
(i) the applicant,
(ii) the foreign exporter that is named in the original import permit or permits,
(iii) the facility in Canada from which the hazardous waste or hazardous recyclable material is to be shipped,
(iv) the facility in the country of origin to which the hazardous waste or hazardous recyclable material is to be delivered, and
(v) each authorized carrier that is to transport the hazardous waste or hazardous recyclable material;
(h) each customs office at which the hazardous waste or hazardous recyclable material is required to be reported under section 95 of the Customs Act;
(i) each country of transit; and
(j) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the notification,
(i) the applicable UN number set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations or, if no UN number applies to it under those Regulations, the abbreviation “n/a”,
(ii) the applicable class set out in column 3 of Schedule 1 to the Transportation of Dangerous Goods Regulations,
(iii) the following codes:
(A) the applicable codes set out in column 1 of Part 1 of Schedule 11,
(B) the letter L when the hazardous waste or hazardous recyclable material is a liquid, the letter P when it is a sludge, the letter S when it is a solid and the letter G when it is a gas, followed in each case by the applicable code set out in column 1 of Part 2 of Schedule 11,
(C) the applicable codes set out in column 1 of Part 3 of Schedule 11 or C0 when no code is applicable,
(D) the applicable codes set out in column 1 of Part 4 of Schedule 11 or H0 when no code is applicable,
(E) the applicable code set out in column 1 of Part 5 of Schedule 11,
(F) the applicable codes set out in Annex I or II to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada or Y0 when no code is applicable,
(G) the applicable code, if any, set out in List A of Annex VIII to the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada,
(H) in the case of hazardous recyclable material that is either to be returned to, or conveyed in transit through, a country that is subject to OECD Decision C(2001)107/FINAL, the applicable code, if any, set out in Part II of Appendix 4 to that Decision, as amended from time to time, to the extent that the amendments are binding on Canada,
(I) in the case of hazardous waste that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,
(J) in the case of hazardous waste or hazardous recyclable material that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and
(K) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material,
(iv) the quantity of that type of hazardous waste or hazardous recyclable material, in kilograms or litres, to be shipped under the permit, and
(v) the quantity and concentration of every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material.
SCHEDULE 4(Section 1 and paragraphs 80(1)(a), (c) and (d), (3)(a) and (4)(a))Movement Document for Movement Within Canada — Information Required
1 The following information is required before a shipment is shipped from a consignor to a site that is owned, operated or otherwise controlled by a consignee:
(a) the reference number that is provided for the movement document by the Minister or the province from which the shipment is to be shipped or to which it is to be delivered;
(b) the consignor’s name, telephone number, email address, mailing address and unique identification number;
(c) the name and telephone number of the individual who signs the movement document;
(d) the civic address — or, if there is no civic address, the Global Positioning System (GPS) coordinates — of the final loading point of the shipment before crossing the provincial border;
(e) the consignee’s name, telephone number, email address and unique identification number;
(f) the civic address — or, if there is no civic address, the location — of the site to which the shipment is to be delivered;
(g) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document,
(i) the applicable UN number set out in column 1 of Schedule 1 to the Transportation of Dangerous Goods Regulations or, if no UN number applies to it under those Regulations, the abbreviation “n/a”,
(ii) the shipping name and description that are set out in column 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations and are associated with the UN number referred to in that line entry,
(iii) the applicable class set out in column 3 of Schedule 1 to the Transportation of Dangerous Goods Regulations,
(iv) the following codes:
(A) the letter L when the hazardous waste or hazardous recyclable material is a liquid, the letter P when it is a sludge, the letter S when it is a solid and the letter G when it is a gas, followed in each case by the applicable code set out in column 1 of Part 2 of Schedule 11,
(B) the applicable codes set out in column 1 of Part 4 of Schedule 11,
(C) in the case of hazardous waste that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,
(D) in the case of hazardous waste or hazardous recyclable material that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and
(E) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material,
(v) the quantity of that type of hazardous waste or hazardous recyclable material, in kilograms or litres, to be shipped, and
(vi) the number of containers used, if applicable, and the code 01 when the container is a drum, 02 when it is a tank, 03 when the hazardous waste or hazardous recyclable material is shipped in bulk, 04 when the container is a carton, 05 when it is a bag, 06 when it is roll off or lugger, 07 when it is palletized, wrapped with plastic wrap and not in any other container, 08 when it is a mix of containers or 09 in any other case; and
(h) the date on which the shipment is to be shipped and the date on which it is scheduled to be delivered.
2 The following information is required from an authorized carrier:
(a) the authorized carrier’s name, telephone number, email address, mailing address and unique identification number;
(b) the name and telephone number of the individual who signs the movement document; and
(c) a confirmation
(i) that the authorized carrier has received the shipment, and
(ii) if applicable, that they are to deliver the shipment to the site that is owned, operated or otherwise controlled by the consignee.
3 The following information is required after the shipment is delivered:
(a) the consignee’s name, telephone number, email address, mailing address and unique identification number;
(b) the name and telephone number of the individual who signs the movement document;
(c) the civic address — or, if there is no civic address, the location — of the site to which the shipment was delivered;
(d) the date on which the shipment was delivered; and
(e) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document, the quantity of the hazardous waste or hazardous recyclable material, in kilograms or litres, that was received.
SCHEDULE 5(Section 1, clause 78(1)(a)(iii)(K) and Schedules 3 and 4)
Persistent Organic Pollutants
Column 1 | Column 2 | Column 3 | Column 4 | |
---|---|---|---|---|
Item | Code | CAS Registry NumberFootnote for Persistent Organic Pollutantsa | Persistent Organic Pollutant | Concentration |
1 | POP1 | 309-00-2 | Aldrin | 50 mg/kg |
2 | POP2 | 57-74-9 | Chlordane | 50 mg/kg |
3 | POP3 | 60-57-1 | Dieldrin | 50 mg/kg |
4 | POP4 | 72-20-8 | Endrin | 50 mg/kg |
5 | POP5 | 76-44-8 | Heptachlor | 50 mg/kg |
6 | POP6 | 118-74-1 | Hexachlorobenzene | 50 mg/kg |
7 | POP7 | 2385-85-5 | Mirex | 50 mg/kg |
8 | POP8 | 8001-35-2 | Toxaphene | 50 mg/kg |
9 | POP9 | 1336-36-3 | 50 mg/kg | |
10 | POP10 | 50-29-3 | 50 mg/kg | |
11 | POP11 | NAFootnote for Persistent Organic Pollutantsb | 15 µg TEQ/kg | |
12 | POP12 | NAFootnote for Persistent Organic Pollutantsb | 15 µg TEQ/kg |
Return to footnote aCAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.
Return to footnote bMixture of isomers.
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)
Hazardous Waste and Hazardous Recyclable Material
Column 1 | Column 2 | |
---|---|---|
Item | Code | Description of Hazardous Waste and Hazardous Recyclable Material |
1 | HAZ1 |
|
2 | HAZ2 | Used lubricating oils in quantities of 500 L or more, from internal combustion engines or gear boxes, transmissions, transformers, hydraulic systems or other equipment associated with such engines. |
3 | HAZ3 | Used oil filters containing more than 6% of oil by mass. |
4 | HAZ4 | Cyanide, or substances containing cyanide, in a concentration equal to or greater than 100 mg/kg. |
5 | HAZ5 | Waste that contains more than 2 mg/kg of polychlorinated terphenyls or polybrominated biphenyls as those substances are described in Schedule 1 to the Act. |
6 | HAZ6 |
|
7 | HAZ7 | Circuit boards and display devices and any equipment that contains them. |
8 | HAZ8 | Non-rechargeable and rechargeable cells and batteries. |
SCHEDULE 7(Paragraphs 2(1)(c) and 4(1)(c), clause 78(1)(a)(iii)(I) and Schedules 3 and 4)
Environmentally Hazardous Substances
Column 1 | Column 2 | Column 3 | Column 4 | |
---|---|---|---|---|
Item | Code | CAS Registry NumberFootnote for Environmentally Hazardous Substancesa | Substance | Concentration by Mass (mg/kg) |
1 | E001 | 75-07-0 | Acetaldehyde | 100.0 |
2 | E002 | 75-39-8 | Acetaldehyde ammonia | 100.0 |
3 | E003 | 64-19-7 | Acetic acid | 100.0 |
4 | E004 | 108-24-7 | Acetic anhydride | 100.0 |
5 | E005 | 75-86-5Footnote for Environmentally Hazardous Substancesb | Acetonecyanohydrin | 100.0 |
6 | E006 | 506-96-7 | Acetyl bromide | 100.0 |
7 | E007 | 75-36-5Footnote for Environmentally Hazardous Substancesb | Acetyl chloride | 100.0 |
8 | E008 | 107-02-8 | Acrolein, stabilized | 100.0 |
9 | E009 | 107-13-1 | Acrylonitrile, stabilized | 100.0 |
10 | E010 | 124-04-9 | Adipic acid | 100.0 |
11 | E011 | NA | Allethrin | 100.0 |
12 | E012 | 107-18-6 | Allyl alcohol | 100.0 |
13 | E013 | 107-05-1 | Allyl chloride | 100.0 |
14 | E014 | 10043-01-3 | Aluminum sulphate | 100.0 |
15 | E015 | 123-00-2 | N-Aminopropylmorpholine | 100.0 |
16 | E016 | 7664-41-7 | 100.0 | |
17 | E018 | 631-61-8 | Ammonium acetate | 100.0 |
18 | E019 | 1863-63-4 | Ammonium benzoate | 100.0 |
19 | E020 | 1066-33-7 | Ammonium bicarbonate | 100.0 |
20 | E021 | 10192-30-0 | Ammonium bisulphite | 100.0 |
21 | E022 | 1111-78-0 | Ammonium carbamate | 100.0 |
22 | E023 | 506-87-6 | Ammonium carbonate | 100.0 |
23 | E024 | 12125-02-9 | Ammonium chloride | 100.0 |
24 | E025 | 3012-65-5 | Ammonium citrate, dibasic | 100.0 |
25 | E026 | 1113-38-8 | Ammonium oxalate | 100.0 |
26 | E027 | 7773-06-1 | Ammonium sulphamate | 100.0 |
27 | E028 | 12135-76-1 | Ammonium sulphide | 100.0 |
28 | E029 | 3164-29-2 | Ammonium tartrate | 100.0 |
29 | E030 | 1762-95-4 | Ammonium thiocyanate | 100.0 |
30 | E031 | 7783-18-8 | Ammonium thiosulphate | 100.0 |
31 | E032 | NA | Amyl acetates | 100.0 |
32 | E033 | 62-53-3 | Aniline | 100.0 |
33 | E034 | 7647-18-9Footnote for Environmentally Hazardous Substancesb | Antimony pentachloride | 100.0 |
34 | E035 | NA | Antimony potassium tartrate | 100.0 |
35 | E036 | 7789-61-9Footnote for Environmentally Hazardous Substancesb | Antimony tribromide | 100.0 |
36 | E037 | 10025-91-9Footnote for Environmentally Hazardous Substancesb | Antimony trichloride | 100.0 |
37 | E038 | 1309-64-4Footnote for Environmentally Hazardous Substancesb | Antimony trioxide | 100.0 |
38 | E039 | 92-87-5 | Benzidine | 100.0 |
39 | E040 | 65-85-0 | Benzoic acid | 100.0 |
40 | E041 | 100-47-0 | Benzonitrile | 100.0 |
41 | E042 | 98-88-4 | Benzoyl chloride | 100.0 |
42 | E043 | 100-44-7 | Benzyl chloride | 100.0 |
43 | E044 | 7787-47-5Footnote for Environmentally Hazardous Substancesb | Beryllium chloride | 100.0 |
44 | E045 | NA | Butyl acetates | 100.0 |
45 | E046 | 109-73-9 | n-Butylamine | 100.0 |
46 | E047 | 84-74-2 | n-Butyl phthalate | 100.0 |
47 | E048 | 7778-54-3Footnote for Environmentally Hazardous Substancesb | Calcium hypochlorite | 100.0 |
48 | E049 | 133-06-2 | Captan | 100.0 |
49 | E050 | 75-15-0 | Carbon disulphide | 100.0 |
50 | E051 | 143-50-0 | Chlordecone | 100.0 |
51 | E052 | 95-57-8 | 2-Chlorophenol | 100.0 |
52 | E053 | 7790-94-5 | Chlorosulphonic acid (with or without sulphur trioxide) | 100.0 |
53 | E054 | 7789-43-7Footnote for Environmentally Hazardous Substancesb | Cobaltous bromide | 100.0 |
54 | E055 | 544-18-3Footnote for Environmentally Hazardous Substancesb | Cobaltous formate | 100.0 |
55 | E056 | 14017-41-5Footnote for Environmentally Hazardous Substancesb | Cobaltous sulphamate | 100.0 |
56 | E057 | NA | Copper-based pesticides (all forms) | 100.0 |
57 | E058 | NA | Copper chlorides | 100.0 |
58 | E059 | 56-72-4 | Coumaphos | 100.0 |
59 | E060 | NA | Creosote | 100.0 |
60 | E061 | 4170-30-3 | Crotonaldehyde | 100.0 |
61 | E062 | 142-71-2Footnote for Environmentally Hazardous Substancesb | Cupric acetate | 100.0 |
62 | E063 | 814-91-5 | Cupric oxalate | 100.0 |
63 | E064 | 7758-98-7Footnote for Environmentally Hazardous Substancesb | Cupric sulphate | 100.0 |
64 | E065 | 10380-29-7 | Cupric sulphate, ammoniated | 100.0 |
65 | E066 | 815-82-7 | Cupric tartrate | 100.0 |
66 | E067 | 110-82-7 | Cyclohexane | 100.0 |
67 | E068 | 1194-65-6 | Dichlobenil | 100.0 |
68 | E069 | 117-80-6 | Dichlone | 100.0 |
69 | E070 | 72-54-8 | 1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane | 100.0 |
70 | E071 | 50-29-3 | Dichlorodiphenyltrichloroethane | 100.0 |
71 | E072 | 111-44-4 | 2,2-Dichloroethyl ether | 100.0 |
72 | E073 | NA | Dichloropropenes | 100.0 |
73 | E074 | 75-99-0 | 2,2-Dichloropropionic acid | 100.0 |
74 | E075 | 62-73-7 | Dichlorvos | 100.0 |
75 | E076 | 115-32-2 | Dicofol | 100.0 |
76 | E077 | 109-89-7 | Diethylamine | 100.0 |
77 | E078 | 124-40-3 | Dimethylamine | 100.0 |
78 | E079 | NA | Dinitrobenzenes | 100.0 |
79 | E080 | NA | Dinitrophenols | 100.0 |
80 | E081 | NA | Dinitrotoluenes (excluding 2,4-dinitrotoluene) | 100.0 |
81 | E082 | 298-04-4 | Disulfoton | 100.0 |
82 | E083 | 115-29-7 | Endosulfan | 100.0 |
83 | E084 | 106-89-8 | Epichlorohydrin | 100.0 |
84 | E085 | 563-12-2 | Ethion | 100.0 |
85 | E086 | 100-41-4 | Ethylbenzene | 100.0 |
86 | E087 | 107-15-3 | Ethylenediamine | 100.0 |
87 | E088 | 60-00-4 | Ethylenediaminetetraacetic acid | 100.0 |
88 | E089 | 106-93-4 | Ethylene dibromide | 100.0 |
89 | E090 | 107-06-2 | Ethylene dichloride | 100.0 |
90 | E091 | 1185-57-5Footnote for Environmentally Hazardous Substancesb | Ferric ammonium citrate | 100.0 |
91 | E092 | 14221-47-7Footnote for Environmentally Hazardous Substancesb | Ferric ammonium oxalate | 100.0 |
92 | E093 | 7705-08-0Footnote for Environmentally Hazardous Substancesb | Ferric chloride | 100.0 |
93 | E094 | 10421-48-4Footnote for Environmentally Hazardous Substancesb | Ferric nitrate | 100.0 |
94 | E095 | 10028-22-5Footnote for Environmentally Hazardous Substancesb | Ferric sulphate | 100.0 |
95 | E096 | 10045-89-3Footnote for Environmentally Hazardous Substancesb | Ferrous ammonium sulphate | 100.0 |
96 | E097 | 7758-94-3Footnote for Environmentally Hazardous Substancesb | Ferrous chloride | 100.0 |
97 | E098 | 7720-78-7Footnote for Environmentally Hazardous Substancesb | Ferrous sulphate | 100.0 |
98 | E099 | 50-00-0 | Formaldehyde | 100.0 |
99 | E100 | 64-18-6 | Formic acid | 100.0 |
100 | E101 | 110-17-8 | Fumaric acid | 100.0 |
101 | E102 | 98-01-1 | Furfural | 100.0 |
102 | E103 | 77-47-4 | Hexachlorocyclopentadiene | 100.0 |
103 | E104 | 110-19-0 | Isobutyl acetate | 100.0 |
104 | E105 | 78-81-9 | Isobutylamine | 100.0 |
105 | E106 | 79-31-2 | Isobutyric acid | 100.0 |
106 | E107 | 78-79-5 | Isoprene | 100.0 |
107 | E108 | 115-32-2 | Kelthane | 100.0 |
108 | E109 | 2032-65-7 | Mercaptodimethur | 100.0 |
109 | E110 | NA | Methyl bromide and ethylene dibromide mixtures | 100.0 |
110 | E111 | 80-62-6 | Methyl methacrylate | 100.0 |
111 | E112 | 74-89-5 | Methylamine | 100.0 |
112 | E113 | 7786-34-7 | Mevinphos | 100.0 |
113 | E114 | 315-18-4 | Mexacarbate | 100.0 |
114 | E115 | 300-76-5 | Naled | 100.0 |
115 | E116 | 91-20-3 | Naphthalene | 100.0 |
116 | E117 | 1338-24-5 | Naphthenic acid | 100.0 |
117 | E118 | 15699-18-0Footnote for Environmentally Hazardous Substancesb | Nickel ammonium sulphate | 100.0 |
118 | E119 | NA | Nickel chlorides | 100.0 |
119 | E120 | NA | Nickel hydroxides | 100.0 |
120 | E121 | NA | Nickel sulphates | 100.0 |
121 | E122 | NA | Nitrophenols (o-, m-, p-) | 100.0 |
122 | E123 | NA | Nitrotoluenes, (o-, m-, p-) | 100.0 |
123 | E124 | NA | Organotin compounds (all forms) | 100.0 |
124 | E126 | NA | Oxalates, water soluble | 100.0 |
125 | E127 | 30525-89-4 | Paraformaldehyde | 100.0 |
126 | E128 | 2275-14-1 | Phencapton | 100.0 |
127 | E129 | 108-95-2 | Phenol | 100.0 |
128 | E130 | NA | Phosphorus | 100.0 |
129 | E131 | 10025-87-3 | Phosphorus oxychloride | 100.0 |
130 | E132 | 1314-80-3 | Phosphorus pentasulphide | 100.0 |
131 | E133 | 7719-12-2 | Phosphorus trichloride | 100.0 |
132 | E134 | 1336-36-3 | Polychlorinated biphenyls | 50.0 |
133 | E135 | 7722-64-7 | Potassium permanganate | 100.0 |
134 | E136 | 2312-35-8 | Propargite | 100.0 |
135 | E137 | 79-09-4 | Propionic acid | 100.0 |
136 | E138 | 123-62-6 | Propionic anhydride | 100.0 |
137 | E139 | 78-87-5 | Propylene dichloride | 100.0 |
138 | E140 | 75-56-9 | Propylene oxide | 100.0 |
139 | E141 | NA | Pyrethrins | 100.0 |
140 | E142 | 91-22-5 | Quinoline | 100.0 |
141 | E143 | 108-46-3 | Resorcinol | 100.0 |
142 | E144 | 7761-88-8Footnote for Environmentally Hazardous Substancesb | Silver nitrate | 100.0 |
143 | E145 | 7631-90-5Footnote for Environmentally Hazardous Substancesb | 100.0 | |
144 | E146 | NA | Sodium dodecylbenzene sulphonate (branched chain) | 100.0 |
145 | E148 | 16721-80-5Footnote for Environmentally Hazardous Substancesb | Sodium hydrosulphide | 100.0 |
146 | E149 | 124-41-4Footnote for Environmentally Hazardous Substancesb | Sodium methylate | 100.0 |
147 | E150 | 7558-79-4Footnote for Environmentally Hazardous Substancesb | Sodium phosphate, dibasic | 100.0 |
148 | E151 | 7601-54-9Footnote for Environmentally Hazardous Substancesb | Sodium phosphate, tribasic | 100.0 |
149 | E152 | 57-24-9Footnote for Environmentally Hazardous Substancesb | Strychnine or Strychnine mixtures | 100.0 |
150 | E153 | NA | Strychnine salts or Strychnine salt mixtures | 100.0 |
151 | E154 | 100-42-5 | Styrene | 100.0 |
152 | E155 | 10025-67-9Footnote for Environmentally Hazardous Substancesb | Sulphur monochloride | 100.0 |
153 | E156 | NA | Tetrachloroethanes | 100.0 |
154 | E157 | 107-49-3 | Tetraethyl Pyrophosphate | 100.0 |
155 | E158 | NA | Thallium sulphates | 100.0 |
156 | E159 | 137-26-8 | Thiram | 100.0 |
157 | E160 | NA | Titanium sulphates | 100.0 |
158 | E161 | 108-88-3 | Toluene | 100.0 |
159 | E162 | NA | Triazine Pesticides | 100.0 |
160 | E163 | 52-68-6 | Trichlorphon | 100.0 |
161 | E164 | 121-44-8 | Triethylamine | 100.0 |
162 | E165 | 75-50-3 | Trimethylamine | 100.0 |
163 | E166 | 1314-62-1Footnote for Environmentally Hazardous Substancesb | Vanadium pentoxide, non-fused form | 100.0 |
164 | E167 | NA | Vanadyl sulphates | 100.0 |
165 | E168 | 108-05-4 | Vinyl acetate | 100.0 |
166 | E169 | NA | Xylenes | 100.0 |
167 | E170 | NA | Xylenols | 100.0 |
168 | E171 | 557-34-6Footnote for Environmentally Hazardous Substancesb | Zinc acetate | 100.0 |
169 | E172 | 52628-25-8Footnote for Environmentally Hazardous Substancesb | Zinc ammonium chloride | 100.0 |
170 | E173 | 3486-35-9Footnote for Environmentally Hazardous Substancesb | Zinc carbonate | 100.0 |
171 | E174 | 7646-85-7Footnote for Environmentally Hazardous Substancesb | Zinc chloride | 100.0 |
172 | E175 | 557-41-5Footnote for Environmentally Hazardous Substancesb | Zinc formate | 100.0 |
173 | E176 | 127-82-2 | Zinc phenolsulphonate | 100.0 |
174 | E177 | 1314-84-7Footnote for Environmentally Hazardous Substancesb | Zinc phosphide | 100.0 |
175 | E178 | 7733-02-0Footnote for Environmentally Hazardous Substancesb | Zinc sulphate | 100.0 |
176 | E179 | 14644-61-2Footnote for Environmentally Hazardous Substancesb | Zirconium sulphate | 100.0 |
Return to footnote aCAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.
Return to footnote bCAS registry numbers are provided for parent or main compound only.
SCHEDULE 8(Paragraphs 2(1)(e) and 4(1)(e), clause 78(1)(a)(iii)(I) and Schedules 3 and 4)
Acute Hazardous Waste and Hazardous Recyclable Material Chemicals
Return to footnote aCAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.
Return to footnote bCAS registry numbers are provided for parent or main compound only.
Hazardous Waste and Hazardous Recyclable Material Chemicals
Column 1 | Column 2 | Column 3 | |
---|---|---|---|
Item | Code | CAS Registry NumberFootnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals a | Description of Hazardous Waste or Hazardous Recyclable Material |
1 | T140 | 58-90-2 | |
2 | T140 | 93-76-5 | |
3 | T140 | 95-95-4 | |
4 | T140 | 88-06-2 | |
5 | T140 | 87-86-5 | |
6 | T140 | 93-72-1 | |
7 | U001 | 75-07-0 | |
8 | U002 | 67-64-1 | |
9 | U003 | 75-05-8 | Acetonitrile |
10 | U004 | 98-86-2 | |
11 | U005 | 53-96-3 | |
12 | U006 | 75-36-5 | Acetyl chloride |
13 | U007 | 79-06-1 | |
14 | U008 | 79-10-7 | |
15 | U009 | 107-13-1 | |
16 | U010 | 50-07-7 | |
17 | U011 | 61-82-5 | |
18 | U012 | 62-53-3 | |
19 | U014 | 492-80-8 | |
20 | U015 | 115-02-6 | |
21 | U016 | 225-51-4 | Benz[c]acridine |
22 | U017 | 98-87-3 | |
23 | U018 | 56-55-3 | Benz[a]anthracene |
24 | U019 | 71-43-2 | Benzene |
25 | U020 | 98-09-9 | |
26 | U021 | 92-87-5 | |
27 | U022 | 50-32-8 | Benzo[a]pyrene |
28 | U023 | 98-07-7 | |
29 | U024 | 111-91-1 | |
30 | U025 | 111-44-4 | |
31 | U026 | 494-03-1 | |
32 | U027 | 108-60-1 | |
33 | U028 | 117-81-7 | |
34 | U029 | 74-83-9 | |
35 | U030 | 101-55-3 | |
36 | U031 | 71-36-3 | |
37 | U032 | 13765-19-0 | |
38 | U033 | 353-50-4 | |
39 | U034 | 75-87-6 | |
40 | U035 | 305-03-3 | |
41 | U036 | 57-74-9 | |
42 | U037 | 108-90-7 | |
43 | U038 | 510-15-6 | |
44 | U039 | 59-50-7 | |
45 | U041 | 106-89-8 | |
46 | U042 | 110-75-8 | |
47 | U043 | 75-01-4 | |
48 | U044 | 67-66-3 | |
49 | U045 | 74-87-3 | |
50 | U046 | 107-30-2 | |
51 | U047 | 91-58-7 | |
52 | U048 | 95-57-8 | |
53 | U049 | 3165-93-3 | |
54 | U050 | 218-01-9 | Chrysene |
55 | U051 | NA | Creosote |
56 | U052 | 1319-77-3 | |
57 | U053 | 4170-30-3 | |
58 | U055 | 98-82-8 | |
59 | U056 | 110-82-7 | |
60 | U057 | 108-94-1 | Cyclohexanone |
61 | U058 | 50-18-0 | |
62 | U059 | 20830-81-3 | |
63 | U060 | 72-54-8 | |
64 | U061 | 50-29-3 | |
65 | U062 | 2303-16-4 | |
66 | U063 | 53-70-3 | Dibenz[a,h]anthracene |
67 | U064 | 189-55-9 | |
68 | U066 | 96-12-8 | |
69 | U067 | 106-93-4 | |
70 | U068 | 74-95-3 | |
71 | U069 | 84-74-2 | |
72 | U070 | 95-50-1 | |
73 | U071 | 541-73-1 | |
74 | U072 | 106-46-7 | |
75 | U073 | 91-94-1 | |
76 | U074 | 764-41-0 | |
77 | U075 | 75-71-8 | |
78 | U076 | 75-34-3 | |
79 | U077 | 107-06-2 | |
80 | U078 | 75-35-4 | |
81 | U079 | 156-60-5 | |
82 | U080 | 75-09-2 | |
83 | U081 | 120-83-2 | |
84 | U082 | 87-65-0 | |
85 | U083 | 78-87-5 | |
86 | U084 | 542-75-6 | |
87 | U085 | 1464-53-5 | |
88 | U086 | 1615-80-1 | |
89 | U087 | 3288-58-2 | |
90 | U088 | 84-66-2 | |
91 | U089 | 56-53-1 | |
92 | U090 | 94-58-6 | |
93 | U091 | 119-90-4 | |
94 | U092 | 124-40-3 | |
95 | U093 | 60-11-7 | |
96 | U094 | 57-97-6 | |
97 | U095 | 119-93-7 | |
98 | U096 | 80-15-9 | |
99 | U097 | 79-44-7 | |
100 | U098 | 57-14-7 | |
101 | U099 | 540-73-8 | |
102 | U101 | 105-67-9 | |
103 | U102 | 131-11-3 | |
104 | U103 | 77-78-1 | |
105 | U105 | 121-14-2 | |
106 | U106 | 606-20-2 | |
107 | U107 | 117-84-0 | |
108 | U108 | 123-91-1 | |
109 | U109 | 122-66-7 | |
110 | U110 | 142-84-7 | |
111 | U111 | 621-64-7 | |
112 | U112 | 141-78-6 | |
113 | U113 | 140-88-5 | |
114 | U114 | 111-54-6Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | |
115 | U115 | 75-21-8 | |
116 | U116 | 96-45-7 | |
117 | U117 | 60-29-7 | |
118 | U118 | 97-63-2 | |
119 | U119 | 62-50-0 | |
120 | U120 | 206-44-0 | Fluoranthene |
121 | U121 | 75-69-4 | |
122 | U122 | 50-00-0 | Formaldehyde |
123 | U123 | 64-18-6 | Formic acid |
124 | U124 | 110-00-9 | |
125 | U125 | 98-01-1 | |
126 | U126 | 765-34-4 | |
127 | U127 | 118-74-1 | |
128 | U128 | 87-68-3 | |
129 | U129 | 58-89-9 | |
130 | U130 | 77-47-4 | |
131 | U131 | 67-72-1 | |
132 | U132 | 70-30-4 | |
133 | U133 | 302-01-2 | Hydrazine |
134 | U134 | 7664-39-3 | |
135 | U135 | 7783-06-4 | Hydrogen sulfide (H2S) |
136 | U136 | 75-60-5 | |
137 | U137 | 193-39-5 | Indeno[1,2,3-cd]pyrene |
138 | U138 | 74-88-4 | |
139 | U140 | 78-83-1 | |
140 | U141 | 120-58-1 | |
141 | U142 | 143-50-0 | |
142 | U143 | 303-34-4 | |
143 | U144 | 301-04-2 | |
144 | U145 | 7446-27-7Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | |
145 | U146 | 1335-32-6 | |
146 | U147 | 108-31-6 | |
147 | U148 | 123-33-1 | |
148 | U149 | 109-77-3 | |
149 | U150 | 148-82-3 | |
150 | U151 | 7439-97-6 | Mercury |
151 | U152 | 126-98-7 | |
152 | U153 | 74-93-1 | |
153 | U154 | 67-56-1 | |
154 | U155 | 91-80-5 | |
155 | U156 | 79-22-1 | |
156 | U157 | 56-49-5 | |
157 | U158 | 101-14-4 | |
158 | U159 | 78-93-3 | |
159 | U160 | 1338-23-4 | |
160 | U161 | 108-10-1 | |
161 | U162 | 80-62-6 | |
162 | U163 | 70-25-7 | |
163 | U164 | 56-04-2 | |
164 | U165 | 91-20-3 | Naphthalene |
165 | U166 | 130-15-4 | |
166 | U167 | 134-32-7 | |
167 | U168 | 91-59-8 | |
168 | U169 | 98-95-3 | |
169 | U170 | 100-02-7 | |
170 | U171 | 79-46-9 | |
171 | U172 | 924-16-3 | |
172 | U173 | 1116-54-7 | |
173 | U174 | 55-18-5 | |
174 | U176 | 759-73-9 | |
175 | U177 | 684-93-5 | |
176 | U178 | 615-53-2 | |
177 | U179 | 100-75-4 | |
178 | U180 | 930-55-2 | |
179 | U181 | 99-55-8 | |
180 | U182 | 123-63-7 | |
181 | U183 | 608-93-5 | |
182 | U184 | 76-01-7 | |
183 | U185 | 82-68-8 | |
184 | U186 | 504-60-9 | |
185 | U187 | 62-44-2 | |
186 | U188 | 108-95-2 | Phenol |
187 | U189 | 1314-80-3Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | |
188 | U190 | 85-44-9 | |
189 | U191 | 109-06-8 | |
190 | U192 | 23950-58-5 | |
191 | U193 | 1120-71-4 | |
192 | U194 | 107-10-8 | |
193 | U196 | 110-86-1 | Pyridine |
194 | U197 | 106-51-4 | |
195 | U200 | 50-55-5 | |
196 | U201 | 108-46-3 | |
197 | U202 | 81-07-2Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | |
198 | U203 | 94-59-7 | |
199 | U204 | 7783-00-8 | |
200 | U205 | 7488-56-4Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | Selenium sulfide (SeS2) |
201 | U206 | 18883-66-4 | |
202 | U207 | 95-94-3 | |
203 | U208 | 630-20-6 | |
204 | U209 | 79-34-5 | |
205 | U210 | 127-18-4 | |
206 | U211 | 56-23-5 | |
207 | U213 | 109-99-9 | |
208 | U214 | 563-68-8 | |
209 | U215 | 6533-73-9 | |
210 | U216 | 7791-12-0Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | |
211 | U217 | 10102-45-1Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | |
212 | U218 | 62-55-5 | |
213 | U219 | 62-56-6 | Thiourea |
214 | U220 | 108-88-3 | |
215 | U221 | 25376-45-8 | |
216 | U222 | 636-21-5 | |
217 | U223 | 26471-62-5 | |
218 | U225 | 75-25-2 | |
219 | U226 | 71-55-6 | |
220 | U227 | 79-00-5 | |
221 | U228 | 79-01-6 | |
222 | U234 | 99-35-4 | |
223 | U235 | 126-72-7 | |
224 | U236 | 72-57-1 | |
225 | U237 | 66-75-1 | |
226 | U238 | 51-79-6 | |
227 | U239 | 1330-20-7 | |
228 | U240 | 94-75-7Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | |
229 | U243 | 1888-71-7 | |
230 | U244 | 137-26-8 | |
231 | U246 | 506-68-3Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | Cyanogen bromide ((CN)Br) |
232 | U247 | 72-43-5 | |
233 | U248 | 81-81-2Footnote for PART 2 Hazardous Waste and Hazardous Recyclable Material Chemicals b | |
234 | U249 | 1314-84-7 | Zinc phosphide (Zn3P2), when present at concentrations of 10% or less |
235 | U271 | 17804-35-2 | |
236 | U278 | 22781-23-3 | |
237 | U279 | 63-25-2 | |
238 | U280 | 101-27-9 | |
239 | U328 | 95-53-4 | |
240 | U353 | 106-49-0 | |
241 | U359 | 110-80-5 | |
242 | U364 | 22961-82-6 | |
243 | U367 | 1563-38-8 | |
244 | U372 | 10605-21-7 | |
245 | U373 | 122-42-9 | |
246 | U387 | 52888-80-9 | |
247 | U389 | 2303-17-5 | |
248 | U394 | 30558-43-1 | |
249 | U395 | 5952-26-1 | |
250 | U404 | 121-44-8 | |
251 | U408 | 118-79-6 | 2,4,6-Tribromophenol |
252 | U409 | 23564-05-8 | |
253 | U410 | 59669-26-0 | |
254 | U411 | 114-26-1 |
Return to footnote aCAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.
Return to footnote bCAS registry numbers are provided for parent or main compound only.
SCHEDULE 9(Subparagraphs 4(2)(g)(i) and (3)(g)(i))
Excluded Material
Item | Description |
---|---|
1 | Slags, skimmings and dross containing precious metals, copper or zinc for further refining. |
2 | Platinum group metal (PGM) automobile catalysts. |
3 | Any part of electronic equipment — including scrap but excluding cells and batteries — that is suitable for base or precious metal recovery. |
4 | Brass in the form of turnings, borings and choppings. |
SCHEDULE 10(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))Movement Document for Imports, Exports and Transits — Information Required
Movement Document — Part A
1 (1) In the case of an import, the following information is required in Part A:
(a) the reference number that is provided by the Minister for the movement document;
(b) the name, telephone number, email address, mailing address and unique identification number of the holder of the import permit or permits;
(c) the name and telephone number of the individual who signs Part A;
(d) the civic address of the facility from which the shipment that contains hazardous waste or hazardous recyclable material is to be shipped;
(e) the foreign exporter’s name, telephone number, email address, mailing address and unique identification number;
(f) the civic address of the receiving facility to which the shipment is to be delivered;
(g) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document,
(i) the shipping name and description that are set out in column 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations and are associated with the UN number referred to in that line entry,
(ii) the quantity of the hazardous waste or hazardous recyclable material in kilograms or litres,
(iii) the number of containers used, if applicable, and the code 01 when the container is a drum, 02 when it is a tank, 03 when the hazardous waste or hazardous recyclable material is shipped in bulk, 04 when the container is a carton, 05 when it is a bag, 06 when it is roll off or lugger, 07 when it is palletized, wrapped with plastic wrap and not in any other container, 08 when it is a mix of containers or 09 in any other case, and
(iv) the applicable tariff item as defined in subsection 2(1) of the Customs Tariff; and
(h) the date on which the shipment is to be shipped and the date on which it is scheduled to be delivered to the receiving facility.
(2) In the case of an export, the following information is required in Part A:
(a) the reference number that is provided by the Minister for the movement document;
(b) the name, telephone number, email address, mailing address and unique identification number of the holder of the export permit or permits;
(c) the name and telephone number of the individual who signs Part A;
(d) the civic address of the facility from which the shipment that contains hazardous waste or hazardous recyclable material is to be shipped;
(e) the foreign importer’s name, telephone number, email address, mailing address and unique identification number;
(f) the civic address of the receiving facility to which the shipment is to be delivered;
(g) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document,
(i) the shipping name and description that are set out in column 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations and are associated with the UN number referred to in that line entry,
(ii) the quantity of the hazardous waste or hazardous recyclable material in kilograms or litres,
(iii) the number of containers used, if applicable, and the code 01 when the container is a drum, 02 when it is a tank, 03 when the hazardous waste or hazardous recyclable material is shipped in bulk, 04 when the container is a carton, 05 when it is a bag, 06 when it is roll off or lugger, 07 when it is palletized, wrapped with plastic wrap and not in any other container, 08 when it is a mix of containers or 09 in any other case, and
(iv) the applicable tariff item as defined in subsection 2(1) of the Customs Tariff; and
(h) the date on which the shipment is to be shipped and the date on which it is scheduled to be delivered to the receiving facility.
(3) In the case of an export from and import to Canada following transit through a foreign country, the following information is required in Part A:
(a) the reference number that is provided by the Minister for the movement document;
(b) the name, telephone number, email address, mailing address and unique identification number of the holder of the permit or permits;
(c) the name and telephone number of the individual who signs Part A;
(d) the civic address of the facility from which the shipment that contains hazardous waste or hazardous recyclable material is to be shipped;
(e) the civic address of the receiving facility to which the shipment is to be delivered;
(f) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document,
(i) the shipping name and description that are set out in column 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations and are associated with the UN number referred to in that line entry,
(ii) the quantity of the hazardous waste or hazardous recyclable material in kilograms or litres,
(iii) the number of containers used, if applicable, and the code 01 when the container is a drum, 02 when it is a tank, 03 when the hazardous waste or hazardous recyclable material is shipped in bulk, 04 when the container is a carton, 05 when it is a bag, 06 when it is roll off or lugger, 07 when it is palletized, wrapped with plastic wrap and not in any other container, 08 when it is a mix of containers or 09 in any other case, and
(iv) the applicable tariff item as defined in subsection 2(1) of the Customs Tariff; and
(g) the date on which the shipment is to be shipped and the date on which it is scheduled to be delivered to the receiving facility.
(4) In the case of a transit through Canada, the following information is required in Part A:
(a) the reference number that is provided by the Minister for the movement document;
(b) the name, telephone number, email address, mailing address and unique identification number of the holder of the transit permit or permits;
(c) the name and telephone number of the individual who signs Part A;
(d) the civic address of the facility from which the shipment that contains hazardous waste or hazardous recyclable material is to be shipped;
(e) the foreign importer’s name, telephone number, email address, mailing address and unique identification number;
(f) the civic address of the receiving facility to which the shipment is to be delivered;
(g) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document,
(i) the shipping name and description that are set out in column 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations and are associated with the UN number referred to in that line entry,
(ii) the quantity of the hazardous waste or hazardous recyclable material in kilograms or litres,
(iii) the number of containers used, if applicable, and the code 01 when the container is a drum, 02 when it is a tank, 03 when the hazardous waste or hazardous recyclable material is shipped in bulk, 04 when the container is a carton, 05 when it is a bag, 06 when it is roll off or lugger, 07 when it is palletized, wrapped with plastic wrap and not in any other container, 08 when it is a mix of containers or 09 in any other case, and
(iv) the applicable tariff item as defined in subsection 2(1) of the Customs Tariff; and
(h) the date on which the shipment is to be shipped, the date on which it is scheduled to enter Canada and the date on which it is scheduled to be delivered to the receiving facility.
(5) In the case of a return to Canada, the following information is required in Part A:
(a) the reference number that is provided by the Minister for the movement document;
(b) if the permit holder is the holder of the original export permit or permits, the name, telephone number, email address, mailing address and unique identification number of the foreign importer that is named in the original export permit or permits;
(c) the name and telephone number of the individual who signs Part A;
(d) the civic address of the facility from which the shipment that contains hazardous waste or hazardous recyclable material is to be shipped for return;
(e) the name, telephone number, email address, mailing address and unique identification number of the holder of the import permit for the return;
(f) the civic address of the facility in Canada to which the shipment is to be delivered;
(g) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document,
(i) the shipping name and description that are set out in column 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations and are associated with the UN number referred to in that line entry,
(ii) the quantity of the hazardous waste or hazardous recyclable material in kilograms or litres,
(iii) the number of containers used, if applicable, and the code 01 when the container is a drum, 02 when it is a tank, 03 when the hazardous waste or hazardous recyclable material is shipped in bulk, 04 when the container is a carton, 05 when it is a bag, 06 when it is roll off or lugger, 07 when it is palletized, wrapped with plastic wrap and not in any other container, 08 when it is a mix of containers or 09 in any other case, and
(iv) the applicable tariff item as defined in subsection 2(1) of the Customs Tariff; and
(h) the date on which the shipment is to be shipped and the date on which it is scheduled to be delivered to the facility.
(6) In the case of a return to a foreign country of origin, the following information is required in Part A:
(a) the reference number that is provided by the Minister for the movement document;
(b) if the permit holder is the holder of the original import permit or permits, the name, telephone number, email address, mailing address and unique identification number of the foreign exporter that is named in the original import permit or permits;
(c) the name and telephone number of the individual who signs Part A;
(d) the civic address of the facility from which the shipment that contains hazardous waste or hazardous recyclable material is to be shipped for return;
(e) the name, telephone number, email address, mailing address and unique identification number of the holder of the export permit for the return;
(f) the civic address of the facility in the country of origin to which the shipment is to be delivered;
(g) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document,
(i) the shipping name and description that are set out in column 2 of Schedule 1 to the Transportation of Dangerous Goods Regulations and are associated with the UN number referred to in that line entry,
(ii) the quantity of the hazardous waste or hazardous recyclable material in kilograms or litres,
(iii) the number of containers used, if applicable, and the code 01 when the container is a drum, 02 when it is a tank, 03 when the hazardous waste or hazardous recyclable material is shipped in bulk, 04 when the container is a carton, 05 when it is a bag, 06 when it is roll off or lugger, 07 when it is palletized, wrapped with plastic wrap and not in any other container, 08 when it is a mix of containers or 09 in any other case, and
(iv) the applicable tariff item as defined in subsection 2(1) of the Customs Tariff; and
(h) the date on which the shipment is to be shipped and the date on which it is scheduled to be delivered to the facility.
Movement Document — Part B
2 The following information in Part B is required from an authorized carrier:
(a) the authorized carrier’s name, telephone number, email address, mailing address and unique identification number;
(b) the name and telephone number of the individual who signs Part B;
(c) in the case of an authorized carrier that is to transport a shipment that contains hazardous waste or hazardous recyclable material as described in Part A into or out of Canada, the port and date of any entry into, and of any exit out of, Canada; and
(d) a confirmation
(i) that the authorized carrier has received, and will transport, the shipment in accordance with the permit or permits, and
(ii) if applicable, that they are to deliver the shipment to the receiving facility referred to in Part A of the movement document.
Movement Document — Part C
3 (1) In the case of an import to or an export from Canada, or an export from, and import to, Canada following transit through a foreign country, the following information is required in Part C:
(a) the receiving facility’s name, telephone number, email address, civic address and unique identification number;
(b) the name and telephone number of the individual who signs Part C;
(c) the date on which the shipment was delivered; and
(d) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document, the quantity of the hazardous waste or hazardous recyclable material, in kilograms or litres, that was received.
(2) In the case of a return to Canada or to a foreign country of origin, the following information is required in Part C:
(a) the name, telephone number, email address, civic address and unique identification number of the facility to which the shipment was delivered;
(b) the name and telephone number of the individual who signs Part C;
(c) the date on which the shipment was delivered; and
(d) for each type of hazardous waste or hazardous recyclable material that is recorded as a line entry in the movement document, the quantity of the hazardous waste or hazardous recyclable material, in kilograms or litres, that was received.
SCHEDULE 11(Clauses 78(1)(a)(iii)(A) and (C) to (F) and Schedules 3 and 4)
Reasons Why Waste or Recyclable Material Is Intended for Disposal or Recycling
Column 1 | Column 2 | |
---|---|---|
Item | Code | Reason |
1 | Q1 | Production residues that are not otherwise specified in this Part. |
2 | Q2 | Off-specification products. |
3 | Q3 | Products whose date for appropriate use has expired. |
4 | Q4 | Material that has been spilled or lost or has undergone other mishap, including any material, equipment, etc., that has been contaminated as a result of the mishap. |
5 | Q5 | Material that has been contaminated or soiled as a result of planned actions (e.g., residues from cleaning operations, packing material, containers). |
6 | Q6 | Unusable parts (e.g., rejected batteries, exhausted catalysts). |
7 | Q7 | Substances that no longer perform satisfactorily (e.g., contaminated acids, contaminated solvents, exhausted tempering salts). |
8 | Q8 | Residues from industrial processes (e.g., slags, still bottoms). |
9 | Q9 | Residues from pollution abatement processes (e.g., scrubber sludges, baghouse dusts, spent filters). |
10 | Q10 | Machining or finishing residues (e.g., lathe turning, mill scales). |
11 | Q11 | Residues from raw material processing (e.g., mining residues, oil field slop). |
12 | Q12 | Adulterated material (e.g., oils contaminated with polychlorinated biphenyls). |
13 | Q13 | Any material, substance or product whose use has been banned by law in the country of destination. |
14 | Q14 | Products for which there is no further use (e.g., agricultural, household, office, commercial and shop discards). |
15 | Q15 | Any material, substance or product that results from remedial actions with respect to contaminated land. |
16 | Q16 | Any material, substance or product that the generator or exporter declares to be waste and that are not referred to in this Part. |
Generic Types of Potentially Hazardous Waste
Column 1 | Column 2 | |
---|---|---|
Item | Code | Type |
1 | 1 | Clinical waste from medical care in hospitals, medical centres and clinics. (Y1) |
2 | 2 | Waste from the production and preparation of pharmaceutical products. (Y2) |
3 | 3 | Waste pharmaceuticals, drugs and medicines. (Y3) |
4 | 4 | Waste from the production, formulation and use of biocides and phytopharmaceuticals. (Y4) |
5 | 5 | Waste from the manufacture, formulation and use of wood-preserving chemicals. (Y5) |
6 | 6 | Waste from the production, formulation and use of organic solvents. (Y6) |
7 | 7 | Waste from heat treatment and tempering operations that contains cyanides. (Y7) |
8 | 8 | Waste mineral oils that are unfit for their originally intended use. (Y8) |
9 | 9 | Waste oil and water, hydrocarbon and water mixtures and emulsions. (Y9) |
10 | 10 | Waste substances and articles that contain or are contaminated with polychlorinated biphenyls, polychlorinated terphenyls, or polybrominated biphenyls. (Y10) |
11 | 11 | Waste tarry residues from refining, distillation and any pyrolytic treatment. (Y11) |
12 | 12 | Waste from the production, formulation and use of inks, dyes, pigments, paints, lacquers and varnishes. (Y12) |
13 | 13 | Waste from the production, formulation and use of resins, latex, plasticizers, glues and adhesives. (Y13) |
14 | 14 | Waste chemical substances from research and development or teaching activities that are not identified or are new, and whose effects on humans or the environment are unknown. (Y14) |
15 | 15 | Waste of an explosive nature that is not subject to other legislation. (Y15) |
16 | 16 | Waste from the production, formulation and use of photographic chemicals and processing material. (Y16) |
17 | 17 | Waste from surface treatment of metals and plastics. (Y17) |
18 | 18 | Residues from industrial waste-disposal operations. (Y18) |
19 | 19 | Material that contains any of the constituents listed in column 2 of Part 3 and that consists of animal or vegetable soaps, fats or waxes. |
20 | 20 | Non-halogenated organic substances that are not employed as solvents. |
21 | 21 | Inorganic substances without metals. |
22 | 22 | Ashes or cinders. |
23 | 23 | Soil, sand or clay, including dredging spoils. |
24 | 24 | Non-cyanidic tempering salts. |
25 | 25 | Metallic dust or powder. |
26 | 26 | Spent catalyst material. |
27 | 27 | Liquids or sludges that contain metals. |
28 | 28 | Residue from pollution-control operations, except scrubber sludges and sludges from water-purification plants and wastewater treatment plants. |
29 | 29 | Scrubber sludges. |
30 | 30 | Sludges from water-purification plants and wastewater treatment plants. |
31 | 31 | Decarbonization residue. |
32 | 32 | Ion-exchange column residue. |
33 | 33 | Sewage sludges. |
34 | 34 | Wastewaters that are not otherwise taken into account in this Part. |
35 | 35 | Residue from the cleaning of tanks or equipment. |
36 | 36 | Contaminated equipment. |
37 | 37 | Contaminated containers whose contents included one or more of the constituents listed in column 2 of Part 3. |
38 | 38 | Batteries and other electrical cells. |
39 | 39 | Vegetable oils. |
40 | 40 | Material that has been segregated from households and that exhibits any of the characteristics listed in column 2 of Part 4. |
41 | 41 | Any other waste that contains any of the constituents listed in column 2 of Part 3. |
Constituents of Potentially Hazardous Waste
Column 1 | Column 2 | |
---|---|---|
Item | Code | ConstituentFootnote for PART 3 Constituents of Potentially Hazardous Wastea |
1 | C1 | Beryllium, beryllium compounds (Y20) |
2 | C2 | Vanadium compounds |
3 | C3 | Hexavalent chromium compounds (Y21) |
4 | C4 | Cobalt compounds |
5 | C5 | Nickel compounds |
6 | C6 | Copper compounds (Y22) |
7 | C7 | Zinc compounds (Y23) |
8 | C8 | Arsenic, arsenic compounds (Y24) |
9 | C9 | Selenium, selenium compounds (Y25) |
10 | C10 | Silver compounds |
11 | C11 | Cadmium, cadmium compounds (Y26) |
12 | C12 | Tin compounds |
13 | C13 | Antimony, antimony compounds (Y27) |
14 | C14 | Tellurium, tellurium compounds (Y28) |
15 | C15 | Barium, barium compounds, excluding barium sulfate |
16 | C16 | Mercury, mercury compounds (Y29) |
17 | C17 | Thallium, thallium compounds (Y30) |
18 | C18 | Lead, lead compounds (Y31) |
19 | C19 | Inorganic sulphides |
20 | C20 | Inorganic fluorine compounds, excluding calcium fluoride (Y32) |
21 | C21 | Inorganic cyanides (Y33) |
22 | C22 | The following alkaline or alkaline earth metals: lithium, sodium, calcium, potassium and magnesium |
23 | C23 | Acidic solutions or acids in solid form (Y34) |
24 | C24 | Basic solutions or bases in solid form (Y35) |
25 | C25 | Asbestos (dust and fibres) (Y36) |
26 | C26 | Organic phosphorus compounds (Y37) |
27 | C27 | Metal carbonyls (Y19) |
28 | C28 | Peroxides |
29 | C29 | Chlorates |
30 | C30 | Perchlorates |
31 | C31 | Azides |
32 | C32 | Polychlorinated biphenyls, polychlorinated terphenyls, polybrominated biphenyls (Y10) |
33 | C33 | Pharmaceutical or veterinary compounds |
34 | C34 | Biocides and phyto-pharmaceutical substances |
35 | C35 | Infectious substances |
36 | C36 | Creosotes |
37 | C37 | Isocyanates, thiocyanates |
38 | C38 | Organic cyanides (Y38) |
39 | C39 | Phenols, phenol compounds, including chlorophenols (Y39) |
40 | C40 | Ethers (Y40) |
41 | C41 | Halogenated organic solvents (Y41) |
42 | C42 | Organic solvents, excluding halogenated solvents (Y42) |
43 | C43 | Organohalogen compounds other than substances referred to in this Part (Y45) |
44 | C44 | Aromatic compounds, polycyclic and heterocyclic organic compounds |
45 | C45 | Organic nitrogen compounds, especially aliphatic amines |
46 | C46 | Organic nitrogen compounds, especially aromatic amines |
47 | C47 | Substances of an explosive character (Y15) |
48 | C48 | Sulphur organic compounds |
49 | C49 | Any congenor of polychlorinated dibenzo-furan (Y43) |
50 | C50 | Any congenor of polychlorinated dibenzo-p-dioxin (Y44) |
51 | C51 | Hydrocarbons and their oxygen, nitrogen and sulphur compounds that are not otherwise taken into account in this Part |
Return to footnote aIf applicable, correspondence with codes referred to in Annex I to the Convention is indicated in brackets after the constituent.
List of Hazardous Characteristics
Column 1 | Column 2 | |
---|---|---|
Item | CodeFootnote for PART 4 List of Hazardous Characteristicsb | Hazardous Characteristic |
1 | H3 | Liquids, mixtures of liquids and liquids containing solids in solution or suspension that give off a flammable vapour at temperatures of not more than 60.5ºC, for a closed-cup test, or not more than 65.6ºC for an open-cup test. (Since the results of open- and closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowance for such differences would be within the spirit of this description.) Includes paints, varnishes, lacquers, etc., but does not include any substance or waste that is otherwise classified on account of its dangerous characteristics. (Flammable liquids) |
2 | H4.1 | Solids or waste solids (other than those classed as explosives) that, under conditions encountered in transport, are readily combustible or may cause or contribute to fire through friction. (Flammable solids) |
3 | H4.2 | Any substance or waste that is liable to spontaneous heating under normal conditions encountered in transport or to heating up in contact with air, and is liable to catch fire. (Spontaneous combustion) |
4 | H4.3 | Any substance or waste that is liable, by interaction with water, to become spontaneously flammable or to give off flammable gases in dangerous quantities. (In contact with water, spontaneous combustion or emission of flammable gases) |
5 | H5.1 | Any substance or waste that is not necessarily combustible itself but that may, generally by yielding oxygen, cause or contribute to the combustion of other material. (Oxidizing) |
6 | H5.2 | Any organic substance or waste containing the bivalent-0-0-structure that may undergo exothermic self-accelerating decomposition due to its thermal instability. (Organic peroxides) |
7 | H6.1 | Any substance or waste that is liable to cause death, serious injury or harm to human health if swallowed, inhaled or placed in contact with skin. (Poisonous (acute)) |
8 | H6.2 | Any substance or waste containing viable micro-organisms or their toxins that are known or suspected to cause disease in animals or humans. (Infectious Substances) |
9 | H8 | Any substance or waste that, by chemical action, causes severe damage when in contact with living tissue or, in the case of leakage, materially damages or destroys other goods or the means of transport. It may also cause other hazards. (Corrosives) |
10 | H10 | Any substance or waste that is liable, by interaction with air or water, to give off toxic gases in dangerous quantities. (Liberation of toxic gases in contact with air or water) |
11 | H11 | Any substance or waste that, if it is inhaled or ingested, or if it penetrates the skin, may involve delayed or chronic effects, including carcinogenicity. (Toxic (delayed or chronic)) |
12 | H12 | Any substance or waste that, if it is released, presents or may cause immediate or delayed adverse impacts to the environment by means of bioaccumulation or has toxic effects on biotic systems. (Ecotoxic) |
13 | H13 | Any substance or waste that is capable, by any means after disposal, of yielding another material (e.g., leachate that possesses any of the characteristics listed in this Part). (Leachate) |
Return to footnote bCode numbers correspond to the hazard class numbering system in the United Nations Recommendations on the Transport of Dangerous Goods for H3 through H8.
Activities That May Generate Potentially Hazardous Waste
Column 1 | Column 2 | |
---|---|---|
Item | Code | Activity |
Agriculture — Farming Industry | ||
1 | A100 | Agriculture and forest management |
2 | A101 | Cultivation |
3 | A102 | Animal husbandry |
4 | A103 | Forest management and forest exploitation (lumbering) |
5 | A110 | Animal and vegetable products from the food sector |
6 | A111 | Meat industry, slaughterhouses and butchery |
7 | A112 | Dairy industry |
8 | A113 | Animal and vegetable oil and grease industry |
9 | A114 | Sugar industry |
10 | A115 | Other activities of the food sector |
11 | A120 | Drink industry |
12 | A121 | Distillation of alcohol and spirits |
13 | A122 | Brewing of beer |
14 | A123 | Manufacture of other drinks |
15 | A130 | Manufacture of animal feed |
Energy | ||
16 | A150 | Coal industry |
17 | A151 | Production and preparation of coal and coal products |
18 | A152 | Coking operations |
19 | A160 | Petroleum industry |
20 | A161 | Extraction of petroleum and natural gas |
21 | A162 | Petroleum refining |
22 | A163 | Storage of petroleum and products derived from refining of natural gas |
23 | A170 | Production of electricity |
24 | A171 | Central thermal facilities |
25 | A172 | Central hydraulic facilities |
26 | A173 | Central nuclear facilities |
27 | A174 | Other central electricity facilities |
28 | A180 | Production of water |
Metallurgy — Mechanical and Electrical Engineering | ||
29 | A200 | Extraction of metallic ores |
30 | A210 | Ferrous metallurgy |
31 | A211 | Cast iron production (coke oven) |
32 | A212 | Raw steel production (pig iron) |
33 | A213 | Primary steel transformation (rolling mills) |
34 | A220 | Non-ferrous metallurgy |
35 | A221 | Production of alumina |
36 | A222 | Aluminum metallurgy |
37 | A223 | Metallurgy of lead and zinc |
38 | A224 | Metallurgy of precious metals |
39 | A225 | Metallurgy of other non-ferrous metals |
40 | A226 | Ferro-alloy industry |
41 | A227 | Manufacture of electrodes |
42 | A230 | Foundry and metalworking operations |
43 | A231 | Ferrous metal foundries |
44 | A232 | Non-ferrous metal foundries |
45 | A233 | Metalworking (not including machining) |
46 | A240 | Mechanical, electrical and electronic construction |
47 | A241 | Machining |
48 | A242 | Thermal treatment |
49 | A243 | Surface treatment |
50 | A244 | Application of paint |
51 | A245 | Assembly and wiring |
52 | A246 | Production of batteries and dry cells |
53 | A247 | Production of electrical wires and cables (cladding, plating, insulation) |
54 | A248 | Production of electronic components |
Non-Metallic Minerals — Construction Material — Ceramics — Glass | ||
55 | A260 | Mining and quarrying of non-metallic minerals |
56 | A270 | Construction material, ceramics and glass |
57 | A271 | Production of lime, cement and plaster |
58 | A272 | Fabrication of ceramic products |
59 | A273 | Fabrication of products containing asbestos cement |
60 | A274 | Production of other construction material |
61 | A275 | Glass industry |
62 | A280 | Building, building sites and landscaping |
Primary Chemical Industry | ||
63 | A300 | Production of primary chemicals and chemical feedstocks |
64 | A301 | Chlorine industry |
65 | A351 | Fertilizer fabrication |
66 | A401 | Other manufacturing generators of primary inorganic industrial chemicals |
67 | A451 | Petroleum and coal industry |
68 | A501 | Manufacture of basic plastic material |
69 | A551 | Other primary organic chemical manufacture |
70 | A601 | Chemical treatment of fats and fabrication of basic substances for detergents |
71 | A651 | Fabrication of pharmaceuticals, pesticides, biocides and weed killers |
72 | A669 | Other manufacture of finished chemicals |
Industries Producing Products Based Upon Primary Chemicals | ||
73 | A700 | Production of inks, varnish, paints and glues |
74 | A701 | Production of ink |
75 | A702 | Production of paint |
76 | A703 | Production of varnish |
77 | A704 | Production of glue |
78 | A710 | Fabrication of photographic products |
79 | A711 | Production of photosensitive plates |
80 | A712 | Fabrication of products for photographic treatments |
81 | A720 | Perfume industry and fabrication of soap and detergent products |
82 | A721 | Fabrication of soap products |
83 | A722 | Fabrication of detergent products |
84 | A723 | Fabrication of perfume products |
85 | A730 | Finished rubber and plastic material |
86 | A731 | Rubber industry |
87 | A732 | Finished plastic material |
88 | A740 | Fabrication of products based upon asbestos |
89 | A750 | Production of powders and explosives |
Textiles and Leathers — Various Wood Based and Furniture Industries | ||
90 | A760 | Textile and clothing industry |
91 | A761 | Combing and carding of textile fibres |
92 | A762 | Threading, spinning and weaving |
93 | A763 | Bleaching, dyeing and printing |
94 | A764 | Clothing manufacture |
95 | A770 | Leather and hide industry |
96 | A771 | Tanneries, tanning |
97 | A772 | Fur trade |
98 | A773 | Manufacture of shoes and other leather products |
99 | A780 | Wood and furniture industry |
100 | A781 | Sawmills and production of wood panels |
101 | A782 | Manufacture of wood and furniture products |
102 | A790 | Various related industries |
Paper — Cardboard — Printing | ||
103 | A800 | Paper and cardboard industry |
104 | A801 | Fabrication of paper pulp |
105 | A802 | Manufacture of paper and cardboard |
106 | A803 | Finished goods of paper and cardboard |
107 | A810 | Printing, publishing and photographic laboratories |
108 | A811 | Printing and publishing |
109 | A812 | Photographic laboratories |
Commercial Services | ||
110 | A820 | Laundries, bleaching services and dyers |
111 | A830 | Business enterprise |
112 | A840 | Transport, automobile dealers and repair facilities |
113 | A841 | Automobile dealers and automobile repair facilities |
114 | A842 | Transportation |
115 | A850 | Hotels, cafés and restaurants |
General Services | ||
116 | A860 | Health |
117 | A861 | Health (hospitals, medical centres, nursing homes and laboratories) |
118 | A870 | Research |
119 | A871 | Research (including research laboratories) |
120 | A880 | Administrative activities, offices |
Households | ||
121 | A890 | Households |
Pollution Control — Waste Disposal | ||
122 | A900 | Cleaning and maintenance of public areas |
123 | A910 | Urban water treatment facilities |
124 | A920 | Urban waste treatment |
125 | A930 | Treatment of industrial effluents and waste |
126 | A931 | Incineration |
127 | A932 | Physico-chemical treatment |
128 | A933 | Biological treatment |
129 | A934 | Solidification of waste |
130 | A935 | Collection or pre-treatment of waste |
131 | A936 | Landbased disposal above, on or below the surface |
Regeneration — Recovery | ||
132 | A940 | Regeneration activities |
133 | A941 | Regeneration of oils |
134 | A942 | Regeneration of solvents |
135 | A943 | Regeneration of ion exchange resins |
136 | A950 | Recovery activities |
SCHEDULE 12(Clause 78(1)(a)(iii)(I) and Schedules 3 and 4)
Hazardous Waste and Hazardous Recyclable Material from Non-Specific Sources
Column 1 | Column 2 | |
---|---|---|
Item | Code | Description of Hazardous Waste and Hazardous Recyclable Material |
1 | F001 | The following spent halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1 trichloroethane, carbon tetrachloride and chlorinated fluorocarbons; all spent solvent mixtures and blends used in degreasing containing, before use, a total of 10% or more (by volume) of one or more of the above halogenated solvents or those solvents listed as F002, F004 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures. |
2 | F002 | The following spent halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1 trichloroethane, chlorobenzene, 1,1,2 trichloro 1,2,2 trifluoroethane, ortho dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane; all spent solvent mixtures and blends containing, before use, a total of 10% or more (by volume) of one or more of the above halogenated solvents or those listed as F001, F004 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures. |
3 | F003 | The following spent non-halogenated solvents: xylenes, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n butyl alcohol, cyclohexanone and methanol; all spent solvent mixtures and blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures and blends containing, before use, one or more of the above spent non-halogenated solvents, and a total of 10% or more (by volume) of one or more of those solvents listed as F001, F002, F004 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures. |
4 | F004 | The following spent non-halogenated solvents: cresols, cresylic acid and nitrobenzene; all spent solvent mixtures and blends containing, before use, a total of 10% or more (by volume) of one or more of the above spent non-halogenated solvents or those solvents listed as F001, F002 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures. |
5 | F005 | The following spent non-halogenated solvents: toluene, methyl ethyl ketone, carbon disulphide, isobutanol, pyridine, benzene, 2-ethoxyethanol and 2-nitropropane; all spent solvent mixtures and blends containing, before use, a total of 10% or more (by volume) of one or more of the above spent non-halogenated solvents or those solvents listed as F001, F002 or F004; and still bottoms from the recovery of those spent solvents and spent solvent mixtures. |
6 | F006 | Wastewater treatment sludges from electroplating operations except for the following processes: (1) sulphuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (on a segregated basis) on carbon steel; (4) aluminum or aluminum zinc plating on carbon steel; (5) cleaning or stripping associated with tin, zinc or aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum. |
7 | F007 | Spent cyanide plating bath solutions from electroplating operations. |
8 | F008 | Plating bath sludge from the bottom of plating baths from electroplating operations if cyanides are used in the process. |
9 | F009 | Spent stripping and cleaning bath solutions from electroplating operations if cyanides are used in the process. |
10 | F010 | Quenching bath sludge from oil baths from metal heat treating operations if cyanides are used in the process. |
11 | F011 | Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations. |
12 | F012 | Quenching wastewater treatment sludge from metal heat treating operations if cyanides are used in the process. |
13 | F019 | Wastewater treatment sludge from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing if the phosphating is an exclusive conversion coating process. |
14 | F020 | Waste from the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tri- or tetrachlorophenol or of intermediates used to produce their pesticide derivatives, excluding wastewater and spent carbon from hydrogen chloride purification and waste from the production of hexachlorophene from highly purified 2,4,5-trichlorophenol. |
15 | F021 | Waste from the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of pentachlorophenol or of intermediates used to produce its derivatives, excluding wastewater and spent carbon from hydrogen chloride purification. |
16 | F022 | Waste from the manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tetra-, penta- or hexachlorobenzenes under alkaline conditions, excluding wastewater and spent carbon from hydrogen chloride purification. |
17 | F023 | Waste from the production of material on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tri- and tetrachlorophenols, excluding wastewater and spent carbon from hydrogen chloride purification and waste from equipment used only for the production or use of hexachlorophene from highly purified 2,4,5-trichlorophenol. |
18 | F024 | Process waste, including distillation residues, heavy ends, tars and reactor clean-out waste from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes, the chlorinated aliphatic hydrocarbons being those having carbon chain lengths ranging from 1 to 5, with varying amounts and positions of chlorine substitution, and excluding wastewaters, wastewater treatment sludge, spent catalysts and waste set out in this Schedule. |
19 | F025 | Condensed light ends, spent filters and filter aids, and spent desiccant waste from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes, the chlorinated aliphatic hydrocarbons being those having carbon chain lengths ranging from 1 to 5, with varying amounts and positions of chlorine substitution. |
20 | F026 | Waste from the production of material on equipment previously used for the manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tetra-, penta- or hexachlorobenzene under alkaline conditions, excluding wastewater and spent carbon from hydrogen chloride purification. |
21 | F027 | Discarded unused formulations containing tri-, tetra- or pentachlorophenol or discarded unused formulations containing compounds derived from those chlorophenols, excluding formulations containing hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component. |
22 | F028 | Residues resulting from incineration or treatment of soil contaminated with waste listed as F020, F021, F022, F023, F026 or F027. |
23 | F032 | Wastewaters, spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations, process residuals and preservative drippage, except wastewaters that have not come into contact with process contaminants, spent formulations that potentially cross-contaminated waste from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives, and bottom sediment sludge listed in Part 2 as K001. |
24 | F034 | Wastewaters, process residuals, preservative drippage and spent formulations from wood preserving processes generated at plants that use creosote formulations, excluding bottom sediment sludge listed in Part 2 as K001 and wastewaters that have not come into contact with process contaminants. |
25 | F035 | Wastewaters, process residuals, preservative drippage and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium, excluding bottom sediment sludge listed in Part 2 as K001 and wastewaters that have not come into contact with process contaminants. |
26 | F037 | Petroleum refinery primary oil, water and solids separation sludge; sludge generated from the gravitational separation of oil, water and solids during the storage or treatment of process wastewaters and oil cooling wastewaters from petroleum refineries, including those generated in oil, water and solids separators, tanks and impoundments, ditches and other conveyances, sumps and stormwater units receiving dry weather flow; sludge generated in stormwater units that do not receive dry weather flow; sludge generated from non-contact once-through cooling waters segregated for treatment from other processes or oily cooling waters; sludge generated in biological treatment units that employ one of the following treatment methods: activated sludge, trickling filter, rotating biological contactor for the continuous accelerated biological oxidation of wastewaters, or high-rate aeration (including sludge generated in one or more additional units after wastewaters have been treated in biological treatment units). Waste listed in Part 2 as K051 is excluded. |
27 | F038 | Petroleum refinery secondary (emulsified) oil, water and solids separation sludge; sludge or float generated from the physical or chemical separation of oil, water and solids in process wastewaters and oily cooling wastewaters from petroleum refineries, including sludge and floats generated in induced air flotation (IAF) units, tanks and impoundments, and in dissolved air flotation (DAF) units; sludge generated in stormwater units that do not receive dry weather flow; sludge generated from non-contact once-through cooling waters segregated for treatment from other processes or oily cooling water; sludge and float generated in biological treatment units that employ one of the following treatment methods: activated sludge, trickling filter, rotating biological contactor for the continuous accelerated biological oxidation of wastewaters, or high-rate aeration (including sludge and float generated in one or more additional units after wastewaters have been treated in a biological treatment unit). Waste listed as F037, or in Part 2 as K048 or K051, is excluded. |
28 | F039 | Leachate (liquids that percolated through land disposed waste) resulting from the disposal of more than one waste classified as a hazardous waste by being included in this Schedule. |
Hazardous Waste and Hazardous Recyclable Material from Specific Sources
Column 1 | Column 2 | |
---|---|---|
Item | Code | Description of Hazardous Waste and Hazardous Recyclable Material |
Wood Preservation | ||
1 | K001 | Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote or pentachlorophenol or both. |
Inorganic Pigments | ||
2 | K002 | Wastewater treatment sludge from the production of chrome yellow and orange pigments. |
3 | K003 | Wastewater treatment sludge from the production of molybdate orange pigments. |
4 | K004 | Wastewater treatment sludge from the production of zinc yellow pigments. |
5 | K005 | Wastewater treatment sludge from the production of chrome green pigments. |
6 | K006 | Wastewater treatment sludge from the production of chromeoxide green pigments (anhydrous and hydrated). |
7 | K007 | Wastewater treatment sludge from the production of iron blue pigments. |
8 | K008 | Oven residue from the production of chromeoxide green pigments. |
Organic Chemicals | ||
9 | K009 | Distillation bottoms from the production of acetaldehyde from ethylene. |
10 | K010 | Distillation side cuts from the production of acetaldehyde from ethylene. |
11 | K011 | Bottom stream from the wastewater stripper in the production of acrylonitrile. |
12 | K013 | Bottom stream from the acetonitrile column in the production of acrylonitrile. |
13 | K014 | Bottoms from the acetonitrile purification column in the production of acrylonitrile. |
14 | K015 | Still bottoms from the distillation of benzylchloride. |
15 | K016 | Heavy ends or distillation residues from the production of carbon tetrachloride. |
16 | K017 | Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin. |
17 | K018 | Heavy ends from the fractionation column in ethyl chloride production. |
18 | K019 | Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production. |
19 | K020 | Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production. |
20 | K021 | Aqueous spent antimony catalyst waste from fluoromethanes production. |
21 | K022 | Distillation bottom tars from the production of phenol and acetone from cumene. |
22 | K023 | Distillation light ends from the production of phthalic anhydride from naphthalene. |
23 | K024 | Distillation bottoms from the production of phthalic anhydride from naphthalene. |
24 | K025 | Distillation bottoms from the production of nitrobenzene by the nitration of benzene. |
25 | K026 | Stripping still tails from the production of methyl ethyl pyridines. |
26 | K027 | Centrifuge and distillation residues from toluene diisocyanate production. |
27 | K028 | Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1 trichloroethane. |
28 | K029 | Waste from the product stream stripper in the production of 1,1,1 trichloroethane. |
29 | K030 | Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene. |
30 | K083 | Distillation bottoms from aniline production. |
31 | K085 | Distillation or fractionating column bottoms from the production of chlorobenzenes. |
32 | K093 | Distillation light ends from the production of phthalic anhydride from ortho-xylene. |
33 | K094 | Distillation bottoms from the production of phthalic anhydride from ortho-xylene. |
34 | K095 | Distillation bottoms from the production of 1,1,1 trichloroethane. |
35 | K096 | Heavy ends from the heavy ends columns from the production of 1,1,1 trichloroethane. |
36 | K103 | Process residues from aniline extraction from the production of aniline. |
37 | K104 | Combined wastewater streams from nitrobenzene and aniline production. |
38 | K105 | Separated aqueous stream from the reactor product washing step in the production of chlorobenzene. |
39 | K107 | Column bottoms from product separation from the production of 1,1-dimethyl-hydrazine (UDMH) from carboxylic acid hydrazines. |
40 | K108 | Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. |
41 | K109 | Spent filter cartridges from product purification from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides. |
42 | K110 | Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. |
43 | K111 | Product washwaters from the production of dinitrotoluene via nitration of toluene. |
44 | K112 | Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene. |
45 | K113 | Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene. |
46 | K114 | Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene. |
47 | K115 | Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene. |
48 | K116 | Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine. |
49 | K117 | Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene. |
50 | K118 | Spent adsorbent solids from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene. |
51 | K136 | Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene. |
52 | K140 | Floor sweepings, off-specification product and spent filter media from the production of 2,4,6-tribromophenol. |
53 | K149 | Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, ring- chlorinated toluenes, benzoyl chlorides and compounds with mixtures of those functional groups, excluding still bottoms from the distillation of benzyl chloride. |
54 | K150 | Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides and compounds with mixtures of those functional groups. |
55 | K151 | Wastewater treatment sludge generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides and compounds with mixtures of those functional groups, excluding neutralization and biological sludge. |
56 | K156 | Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates and decantates) from the production of carbamates and carbamoyl oximes, excluding waste generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate. |
57 | K157 | Wastewaters (including scrubber waters, condenser waters, washwaters and separation waters) from the production of carbamates and carbamoyl oximes, excluding waste generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate. |
58 | K158 | Bag house dusts and filter or separation solids from the production of carbamates and carbamoyl oximes, excluding waste generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate. |
59 | K159 | Organics from the treatment of thiocarbamate waste. |
60 | K161 | Purification solids (including filtration, evaporation and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts, excluding substances listed as K125 or K126. |
Inorganic chemicals | ||
61 | K071 | Brine purification sludge from the mercury cell process in chlorine production if separately prepurified brine is not used. |
62 | K073 | Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production. |
63 | K106 | Wastewater treatment sludge from the mercury cell process in chlorine production. |
Pesticides | ||
64 | K031 | By-product salts generated in the production of monosodium acid methanearsonate (MSMA) and cacodylic acid. |
65 | K032 | Wastewater treatment sludge from the production of chlordane. |
66 | K033 | Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane. |
67 | K034 | Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane. |
68 | K035 | Wastewater treatment sludge from the production of creosote. |
69 | K036 | Still bottoms from toluene reclamation distillation in the production of disulfoton. |
70 | K037 | Wastewater treatment sludge from the production of disulfoton. |
71 | K038 | Wastewater from the washing and stripping of phorate production. |
72 | K039 | Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate. |
73 | K040 | Wastewater treatment sludge from the production of phorate. |
74 | K041 | Wastewater treatment sludge from the production of toxaphene. |
75 | K042 | Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5 T. |
76 | K043 | 2,6 Dichlorophenol waste from the production of 2,4 D. |
77 | K097 | Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane. |
78 | K098 | Untreated process wastewater from the production of toxaphene. |
79 | K099 | Untreated wastewater from the production of 2,4 D. |
80 | K123 | Process wastewater, including supernates, filtrates and washwaters, from the production of ethylenebisdithiocarbamic acid and its salts. |
81 | K124 | Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts. |
82 | K125 | Filtration, evaporation and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts. |
83 | K126 | Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts. |
84 | K131 | Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide. |
85 | K132 | Spent absorbent and wastewater separator solids from the production of methyl bromide. |
Explosives | ||
86 | K044 | Wastewater treatment sludge from the manufacturing and processing of explosives. |
87 | K045 | Spent carbon from the treatment of wastewater containing explosives. |
88 | K046 | Wastewater treatment sludge from the manufacturing, formulation and loading of lead based initiating compounds. |
89 | K047 | Pink and red water from the production of TNT. |
Petroleum refining | ||
90 | K048 | Dissolved air flotation (DAF) float from the petroleum refining industry. |
91 | K049 | Slop oil emulsion solids from the petroleum refining industry. |
92 | K050 | Heat exchanger bundle cleaning sludge from the petroleum refining industry. |
93 | K051 | American Petroleum Institute (API) separator sludge from the petroleum refining industry. |
94 | K052 | Tanks bottoms (leaded) from the petroleum refining industry. |
95 | K169 | Crude oil storage tank sediment from refining petroleum. |
96 | K170 | Clarified slurry oil tank sediment and in-line filter or separation solids from refining petroleum. |
97 | K171 | Spent hydrotreating catalyst from refining petroleum, including guard beds used to desulfurize feeds to other catalytic reactors, excluding inert support media. |
98 | K172 | Spent hydrorefining catalyst from refining petroleum, including guard beds used to desulfurize feeds to other catalytic reactors, excluding inert support media. |
Iron and steel | ||
99 | K061 | Emission control dust and sludge from the primary production of steel in electric furnaces. |
100 | K062 | Spent pickle liquor from steel finishing operations of facilities within the iron and steel industry at steel works, blast furnaces (including coke ovens), rolling mills, iron and steel foundries, gray and ductile iron foundries, malleable iron foundries, steel investment foundries or other miscellaneous steel foundries, or at facilities in the electrometallurgical products (except steel) industry, steel wiredrawing and steel nails and spikes industry, coldrolled steel sheet, strip and bars industry or steel pipes and tubes industry. |
Primary copper | ||
101 | K064 | Acid plant blowdown slurry and sludge resulting from the thickening of blowdown slurry from primary copper production. |
Primary lead | ||
102 | K065 | Surface impoundment solids contained in and dredged from surface impoundments at primary lead smelting facilities. |
Primary zinc | ||
103 | K066 | Sludge from treatment of process wastewater and acid plant blowdown from primary zinc production. |
Primary aluminum | ||
104 | K088 | Spent potliners from primary aluminum reduction. |
Ferroalloys | ||
105 | K090 | Emission control dust or sludge from ferrochromiumsilicon production. |
106 | K091 | Emission control dust or sludge from ferrochromium production. |
Secondary lead | ||
107 | K069 | Emission control dust and sludge from secondary lead smelting. |
108 | K100 | Waste leaching solution from acid leaching of emission control dust and sludge from secondary lead smelting. |
Veterinary pharmaceuticals | ||
109 | K084 | Wastewater treatment sludge from the production of veterinary pharmaceuticals from arsenic or organo arsenic compounds. |
110 | K101 | Distillation tar residues from the distillation of aniline based compounds in the production of veterinary pharmaceuticals from arsenic or organo arsenic compounds. |
111 | K102 | Residue from the use of activated carbon for decolourization in the production of veterinary pharmaceuticals from arsenic or organo arsenic compounds. |
Ink formulation | ||
112 | K086 | Solvent washes and sludge, caustic washes and sludge or water washes and sludge from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps and stabilizers containing chromium and lead. |
Coking | ||
113 | K060 | Ammonia still lime sludge from coking operations. |
114 | K087 | Decanter tank tar sludge from coking operations. |
115 | K141 | Process residues from the recovery of coal tar, including collecting sump residues from the production of coke from coal and the recovery of coke by-products produced from coal, excluding waste listed as K087. |
116 | K142 | Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal. |
117 | K143 | Process residues from the recovery of light oil, including those generated in stills, decanters and wash oil recovery units from the recovery of coke by- products produced from coal. |
118 | K144 | Wastewater sump residues from light oil refining, including intercepting or contamination sump sludge from the recovery of coke by-products produced from coal. |
119 | K145 | Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal. |
120 | K147 | Tar storage tank residues from coal tar refining. |
121 | K148 | Residues from coal tar distillation, including still bottoms. |
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