Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (SOR/2021-25)

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.