Draft Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations Revised

• 15 Department of National Defence Exemption
• 16 Conditions
• 17-21 Movement Document

Department of National Defence Exemption

Exemption

15. This Part does not apply to the Department of National Defence if the hazardous waste or hazardous recyclable material is

1. generated by that Department in the course of an operation conducted by it outside Canada;
2. transported from the site of operation to a defence establishment as defined in subsection 2(1) of the National Defence Act; and
3. transported under the sole direction or control of the Minister of National Defence as described in section 1.20 of the Transportation of Dangerous Goods Regulations, as though the hazardous waste or hazardous recyclable material is a dangerous good under those Regulations.

Conditions

Conditions of import

16. An importer may import hazardous waste or hazardous recyclable material if

1. at the time of the import
   1. the import is not prohibited under the laws of Canada,
   2. the country of export is a party to the Convention, the Canada-USA Agreement or OECD Decision C(2001)107/Final, and
   3. the country of transit does not prohibit the transit of the hazardous waste or hazardous recyclable material;
2. in the case of biomedical wastes set out in column 2 of Schedule 3 or anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations, the import is only for the purposes of disposal;
3. the importer is a resident of Canada or, in the case of a corporation, has a place of business in Canada;
4. the importer
   1. is the owner or operator of the authorized facility named in the import permit, or
   2. buys and sells hazardous recyclable material for the purposes of recycling;
5. there is a signed, written contract or a series of contracts among the importer, the foreign exporter and the authorized facilities or, if any of those persons are the same legal entity, a written statement signed by that entity, that
   1. describes the hazardous waste or hazardous recyclable material,
   2. sets out the quantity of hazardous waste or hazardous recyclable material to be imported,
   3. indicates that the hazardous waste will be disposed of, or the hazardous recyclable material will be recycled, in accordance with the import permit,
   4. describes the operation set out in Schedule 1 or 2 that will be used,
   5. requires the foreign exporter to complete Part A of the movement document, or authorizes the importer to complete Part A on the foreign exporter's behalf if the waste or material is not considered or defined as hazardous under the legislation of the country of export, and to provide a copy of it and a copy of the import permit to the first authorized carrier prior to the shipment of the hazardous waste or hazardous recyclable material,
   6. requires the foreign exporter
      1. to send a copy of the movement document to the importer once Part A is completed by the foreign exporter, Part B is completed by the first authorized carrier and the hazardous waste or hazardous recyclable material has been shipped, and
      2. to take all practicable measures to assist the importer in fulfilling the terms of the importer's obligations under these Regulations if delivery is not accepted by the authorized facility named in the import permit, or if the authorized facility cannot, or refuses to, dispose of the hazardous waste or recycle the hazardous recyclable material in accordance with the import permit;
6. the importer and the authorized carrier if other than Her Majesty in right of Canada or of a province are insured in accordance with section 37;
7. the hazardous waste or hazardous recyclable material is transported by the authorized carriers named in the import permit;
8. the applicable safety mark is displayed on each shipment of hazardous waste or hazardous recyclable material in accordance with Part 4 of the Transportation of Dangerous Goods Regulations;
9. the hazardous waste or hazardous recyclable material is imported through the port of entry named in the import permit;
10. the quantity of hazardous waste or hazardous recyclable material imported does not exceed the quantity set out in the import permit;
11. a copy of the import permit and a copy of the movement document completed in accordance with sections 18 to 20
    1. accompanies the hazardous waste or hazardous recyclable material, and
    2. is deposited by the importer or the authorized carrier at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 12 of the Customs Act;
12. the hazardous waste is disposed of, or the hazardous recyclable material is recycled, at the authorized facility named in the import permit using the disposal or recycling operation set out in the import permit;
13. after operation D13, D14 or D17 of Schedule 1 or operation R12, R13 or R16 of Schedule 2 is completed, the hazardous waste is disposed of, or the hazardous recyclable material is recycled, at an authorized facility using an operation set out in Schedule 1 or 2, other than operation D13, D14 or D17 or R12, R13 or R16;
14. in the case of operations D13, D14 or D17 of Schedule 1 or operation R12, R13 or R16 of Schedule 2, the operation is completed within 180 days, or in all other cases, within one year, after the day on which the hazardous waste or hazardous recyclable material is accepted by the authorized facility, unless the laws of the jurisdiction in which the authorized facility is located requires shorter time periods, in which case those time periods apply; and
15. in the event that the hazardous waste or hazardous recyclable material is imported but is not accepted by the authorized facility named in the import permit, or if the authorized facility cannot, or refuses to, dispose of the waste or recycle the material in accordance with the permit, the importer
    1. immediately notifies the Minister, the foreign exporter and the authorities of the country of export of the non-acceptance or refusal and the reason for it,
    2. if necessary, stores the hazardous waste or hazardous recyclable material at a facility authorized to store the waste or material by the authorities of the jurisdiction in which the facility is located,
    3. within 90 days after the day on which the Minister is notified,
       1. makes arrangements to dispose of the hazardous waste or recycle the hazardous recyclable material in Canada at an authorized facility other than the one named in the import permit and advises the Minister of the name and address of the facility and the name of a contact person, or
       2. makes arrangements to return the hazardous waste or hazardous recyclable material to the facility from which it was exported in accordance with section 35, and
    4. before shipping the hazardous waste or hazardous recyclable material to the authorized facility referred to in clause (iii)(A), receives confirmation from the Minister that the facility is an authorized facility.

Movement Document

Movement document reference number

17. The Minister shall provide a movement document reference number to an importer who requests one for the purpose of completing a movement document.

Importer - prior to import

18. (1) Prior to importing the hazardous waste or hazardous recyclable material, the importer shall provide the foreign exporter with a copy of the movement document indicating the movement document reference number and a copy of the import permit.

Importer - at time of import

(2) At the time of the import of the hazardous waste or hazardous recyclable material, the importer must ensure that

1. the foreign exporter has completed Part A of the movement document unless the importer is authorized to do so on the foreign exporter's behalf under the contract referred to in paragraph 16(e);
2. the foreign exporter has provided a copy of the movement document and a copy of the import permit to the first authorized carrier; and
3. the first authorized carrier has completed Part B of the movement document and has provided a copy to the foreign exporter.

Copy of movement document

(3) Within three working days after the day on which the importer receives a copy of the movement document with Parts A and B completed in accordance with subsection (2), the importer must send a copy of it to

1. the Minister; and
2. the authorities of the province of import, if they require it.

Authorized carriers

(4) Every authorized carrier that transports the hazardous waste or hazardous recyclable material must complete Part B of the movement document and provide it and a copy of the import permit to the next authorized carrier or the importer, as the case may be, on delivery of the waste or material to that carrier or the importer.

Importer

(5) The importer must ensure that every authorized carrier that transports the hazardous waste or hazardous recyclable material completes Part B of the movement document.

Copy of movement document

(6) Within three working days after the day on which the hazardous waste or hazardous recyclable material is delivered to the authorized facility, the importer must complete Part C of the movement document and must send a copy of the completed movement document to

1. the Minister;
2. the authorities of the province of import, if they require it;
3. the foreign exporter; and
4. every authorized carrier of the hazardous waste or hazardous recyclable material.

Rail consist

19. In the case of hazardous waste or hazardous recyclable material that is transported by rail, the movement document may be replaced by a rail consist if it contains all of the information contained in the movement document.

Unit of measure

20. The importer must ensure that the quantity of hazardous waste or hazardous recyclable material indicated in the movement document is in the same unit of measure as is used in the import permit.

Retention of movement document

21. The importer and every authorized carrier must keep a copy of the movement document at their principal place of business in Canada for a period of three years after the date of import.