Proposed Regulatory Provisions for the Export and Import of Non- hazardous Waste

2.0 Background on Non-Hazardous Waste

• 2.1 Environmental Impacts
• 2.2 Exports and Imports
• 2.3 International Agreements
  1. 2.3.1 The Basel Convention
  2. 2.3.2 The Canada-USA Agreement on the Transboundary Movement of Hazardous Waste

In Canada, all three levels of government contribute to environmental protection and have a role to play in managing non-hazardous waste. The federal government has the authority to regulate international movements, in addition to negotiating international agreements. The provincial and territorial governments are responsible for regulating and licensing waste generators, carriers, and treatment facilities, while municipal governments are responsible for establishing waste-collection and disposal programs within their jurisdictions.

2.1 Environmental Impacts

The inadequate or improper collection, transportation, and disposal of non- hazardous waste can have adverse impacts on the environment. These include

• air pollution and unpleasant odours;
• potential health hazards from the accumulation of polluted water, which serves as a breeding ground for mosquitoes and attracts flies and vermin;
• loss of productive land due to the presence of non-biodegradable material;
• contamination of the soil and of ground and surface waters by leachate;
• contamination of the marine environment through the direct or indirect discharge of waste;
• potential hazards from the use of inappropriate transportation vehicles;
• spills during transportation; and
• improper disposal of material resulting from contamination with hazardous waste.

2.2 Exports and Imports

In 2003, approximately three million tonnes of non-hazardous waste generated in Canada by municipal, residential, industrial, commercial, and institutional sources and by construction and demolition were exported to the United States (US) for disposal in landfills.

Some non-hazardous waste (approximately 35 000 tonnes in 2003) is imported from the US to Canada each year for disposal in landfills.

2.3 International Agreements

Canada is party to two international agreements that set out clear obligations on the movement of non-hazardous waste. They are

• the United Nations' Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989 (ratified by Canada in 1992); and
• the Canada-USA Agreement on the Transboundary Movement of Hazardous Wastes, 1986 as amended in 1992 to include provisions for non-hazardous waste.

Canada has implemented the hazardous waste and hazardous recyclable materials aspects of these agreements through the Export and Import of Hazardous Wastes Regulations of 1992 and the revised Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, which will come into force on November 1, 2005. Environment Canada is now proposing to build on this experience when addressing exports, imports and transits of non-hazardous waste.

2.3.1 The Basel Convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is an international treaty under the United Nations Environment Program. Notwithstanding its title, it also covers the transboundary movement and disposal of "household wastes and the residue from their incineration".

The Convention opened for signature on March 22, 1989, and entered into force on May 5, 1992. By May 5, 2005, 164 member countries and the European Union had ratified or otherwise accepted the treaty (Canada ratified it in 1992). The United States signed the Convention on March 22, 1990, but has not yet ratified it.

Among other things, the Convention requires each party to take appropriate measures to

• reduce waste generation to a minimum, taking into account relevant social, technological, and economic factors;
• locate adequate disposal facilities, to the extent possible, within the generating country;
• reduce the transboundary movement of waste to a minimum consistent with the environmentally sound and efficient management of such waste; and
• ensure that the transboundary movement of waste is conducted in a manner that protects the environment and human health.

The Convention places primary responsibility on the exporting country for regulating the transboundary movement of waste, and requires the prior informed consent of the importing country before any movement is permitted. All exports are prohibited if the receiving country has banned, or does not consent to, such imports.

The Convention also requires transboundary shipments between parties to be accompanied by a movement document, and provides that advance notifications of proposed waste shipments may cover multiple shipments to be made during a maximum period of 12 months.

The exporter and exporting state must be informed of the receipt and ultimate disposal of the waste, and the exporter must provide for the re-admission of the waste if it is returned by the country of import. National legislation is to be in place to address illegal traffic.

In accordance with the Convention, no party should permit hazardous waste or other waste to be exported to or imported from a non-party. Article 11 of the Convention does, however, recognize bilateral, multilateral, and regional agreements that existed prior to ratification, as long as they are compatible with the environmentally sound management of waste, as required by the Convention. The Canada-USA Agreement, described below, is an example of such an agreement. The Convention also allows parties to sign new bilateral, multilateral, and regional agreements, provided that they do not detract from environmentally sound management.

A printable and downloadable version of the Basel Convention can be accessed on the Web at www.basel.int/text/text.html.

2.3.2 The Canada-USA Agreement on the Transboundary Movement of Hazardous Waste

The Canada-USA Agreement on the Transboundary Movement of Hazardous Waste came into effect in November 1986. Under the Agreement, the two countries are responsible for ensuring that domestic laws and regulations are enforced concerning the transportation, storage, treatment, and disposal of transboundary shipments.

The Canada-USA Agreement was amended in November 1992 to include "other waste", which is defined as municipal solid waste sent for final disposal or incineration with energy recovery, and the residue arising from the incineration of such waste. Municipal solid waste is to be interpreted as defined by each country's national legislation and regulations. See section 3.3.1 for the proposed definition of non-hazardous waste.

When the Agreement was signed in 1986, Canada had no supportive federal legislation on the transboundary movement of non-hazardous waste. It was therefore decided that the Department of Environment would seek authority to regulate the import and export of these wastes during the five-year review of CEPA 1988.

The Canada-USA Agreement requires the country of export to provide notification to the country of import of proposed transboundary shipments of hazardous waste (including hazardous recyclable materials) and "other wastes" (non-hazardous municipal solid waste) covered by the Agreement. The notice may cover an individual shipment or a series of shipments over a 12-month period.

The country of import has 30 days from receipt of the completed notice to respond with either its consent (conditional or not) or objection. If no response is received within that period, the country of import is deemed to have no objection, and the export is permitted to take place, conditional on compliance with the laws of the receiving country. The exporter must provide for the re-admission of any exports returned by the country of import.

Shipments of hazardous waste and hazardous recyclable materials require a manifest. Amendments made in 1992 note that, with respect to other waste, the manifest-related requirements in the original Agreement may be substituted by alternative tracking requirements (see section 3.3.6).

Canadian and American authorities have developed a pilot project to test the implementation of the Canada-USA Agreement for notification of exports of non-hazardous waste. The pilot project will run from spring 2005 to the end of the calendar year.

A downloadable, printable version of the Canada-USA Agreement is available on the Web at www.ec.gc.ca/tmb/eng/tmbcanusatxt_e.html.