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

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.