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

Part 5: Returns

Application

Returns

33. This Part applies to the return of hazardous waste or hazardous recyclable material to

  1. Canada after it has been exported from Canada; and
  2. the country of export after it has been imported into Canada.

Returns to Canada

Notice

34. (1) If the hazardous waste or hazardous recyclable material is returned to Canada, the exporter that exported the waste or material from Canada must submit a notice to the Minister in writing, containing the following information:

  1. the name, civic, mailing and electronic addresses and telephone and facsimile numbers of, and the name of the contact person for, the exporter, the foreign receiver and any authorized carriers that were not named in the original export permit;
  2. the name of each insurance company and the policy number for each insurance policy required under these Regulations;
  3. the reason for the return;
  4. the quantity of hazardous waste or hazardous recyclable material that will be returned using the same unit of measure as in the original export permit;
  5. if the quantity of hazardous waste or hazardous recyclable material to be returned is less than the quantity of waste or material exported from Canada, the reason for the difference;
  6. the port of entry through which the return will take place and the customs office at which the hazardous waste or hazardous recyclable material will be reported;
  7. the notice reference number contained in the original export permit; and
  8. the line item number contained in the original export permit for the hazardous waste or hazardous recyclable material that will be returned.

Exporter

(2) After an import permit is issued, the exporter must

  1. return the hazardous waste or hazardous recyclable material to the facility from which it was exported, using the authorized carriers and the port of entry named in the import permit;
  2. ensure that a copy of the import permit and a copy of the movement document with Parts A and B completed, clearly indicating that the hazardous waste or hazardous recyclable material is being returned to Canada,
    1. accompanies the hazardous waste or hazardous recyclable material, and
    2. is deposited at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 12 of the Customs Act; and
  3. submit a copy of the movement document referred to in paragraph (b) to the Minister, every authorized carrier and if they require it, to the authorities of the province of export.

Returns to the Country of Export

Notice - returns to country of export

35. (1) If the hazardous waste or hazardous recyclable material is returned to the country of export, the importer that imported the waste or material into Canada must submit a notice to the Minister in writing, containing the following information:

  1. the name, civic, mailing and electronic addresses and telephone and facsimile numbers of, and the name of the contact person for, the importer, the foreign exporter and any authorized carriers that were not named in the original import permit;
  2. the name of each insurance company and the policy number for each insurance policy required under these Regulations;
  3. the reason for the return;
  4. the quantity of hazardous waste or hazardous recyclable material that will be returned using the same unit of measure as in the original import permit;
  5. if the quantity of hazardous waste or hazardous recyclable material to be returned is less than the quantity of waste or material imported into Canada, the reason for the difference;
  6. the port of entry through which the return will take place and the customs office at which the hazardous waste or hazardous recyclable material will be reported;
  7. the notice reference number contained in the original import permit for the import of the hazardous waste or hazardous recyclable material into Canada; and
  8. the line item number contained in the original import permit for the hazardous waste or hazardous recyclable material that will be returned.

Importer's obligations

(2) After an export permit is issued, the importer must

  1. return the hazardous waste or hazardous recyclable material to the facility from which it was imported, using the authorized carriers and the port of exit named in the export permit;
  2. ensure that a copy of the export permit and a copy of the movement document with Parts B and C completed, clearly indicating that the hazardous waste or hazardous recyclable material is being returned to the country of export,
    1. accompanies the hazardous waste or hazardous recyclable material, and
    2. is deposited at the customs office at which the hazardous waste or hazardous recyclable material is to be reported under section 95 of the Customs Act; and
  3. submit a copy of the movement document referred to in paragraph (b) to the Minister, every authorized carrier and if they require it, the authorities of the province of import.
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