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

Environment Canada will be drafting proposed regulatory provisions for the export and import of non-hazardous waste. The regulatory provisions are intended to protect Canada's environment and the health of Canadians from potential risks posed by the transboundary movement of non-hazardous waste and to ensure that this waste is handled in an environmentally sound manner. Exports, imports, and transits of non-hazardous waste destined for recycling or recovery operations are not targeted by these proposed regulatory provisions.

This discussion document, prepared by Environment Canada, contains an abridged description of the objectives, structure, and content of the proposed regulatory provisions, as well as the operational procedures to be followed once they are put into place. Many of the ideas this document puts forward reflect input from multi-stakeholder consultations that have taken place on the subject over the past four years.

The purpose of the current consultations is to invite all stakeholders to provide their comments on the proposed regulatory provisions, raise awareness of their concerns, and contribute to the development of recommendations that are based on a common understanding of the environmental benefits to be achieved through these provisions.

Environment Canada will review all written responses received prior to drafting and publishing the proposed regulatory provisions in theCanada Gazette, Part I, and will take them into full account in drafting the legal text for the proposed regulatory provisions.

The next opportunity for stakeholders to comment on the proposed regulatory provisions will be following the publication of the provisions in the Canada Gazette, Part I anticipated in 2007/08. Please send your comments on this discussion document in writing to either of the following addresses:

Regular mail:
Director
Waste Management
Environment Canada
Place Montcalm
70 Crémazie St., 6th Floor
Gatineau QC K1A 0H3

Email: TMB@ec.gc.ca
Please type "Consultation on Non-Hazardous Waste" in the subject line of your message

France Jacovella
Director
Waste Management
Environment Canada

1.0 Introduction

• 1.1 Stakeholder Consultations
  1. 1.1.1 Objectives
• 1.2 This Discussion Document

The Canadian Environmental Protection Act, 1999 (CEPA 1999) was proclaimed in September 1999 and enacted in March 2000, replacing its predecessor, CEPA 1988. One of the authorities introduced in the new Act allows the Government of Canada to ensure that no "prescribed non-hazardous waste for final disposal" (referred to as non-hazardous waste) is exported from, imported into, or conveyed in transit through Canada without the appropriate permit. Section 3.3 introduces a proposed definition for non-hazardous waste and appendix B provides a listing of final disposal operations.

Environment Canada will be drafting proposed regulatory provisions for the export and import of non-hazardous waste (hereafter referred to as the "regulatory provisions"). When put into force, they will serve as the mechanism through which the authority of CEPA 1999 will be applied, and from which Environment Canada may issue permits for the movement of such waste. The regulatory provisions are intended to protect Canada's environment and the health of Canadians from risks posed by unregulated traffic in non-hazardous waste and to ensure that this waste is handled in an environmentally sound manner. Exports, imports, and transits of non-hazardous waste destined for recycling or recovery operations are not targeted by these proposed regulatory provisions.

The proposed regulatory provisions would require exporters and importers of non-hazardous waste, and persons conveying that waste in transit to provide formal written notice to Environment Canada of all proposed movements. Among other things, this notice would identify the exporter, importer, or person conveying non-hazardous waste in transit, and the transportation modes, disposal methods, carriers, and facilities to be used. Environment Canada would then review the notice to determine whether or not to issue a permit for the proposed activities after receiving consent from the authorities of the country of destination for exports, the province or territory of destination for imports or the country of transit.

The proposed regulatory provisions build on Environment Canada's domestic and international experience regulating transboundary movements of hazardous waste since 1992, as Canada's legislative framework and international obligations for hazardous and non-hazardous waste are similar.

As part of its effort to develop regulations that will effectively achieve their objectives, Environment Canada will review options to later implement the proposed regulatory provisions for non-hazardous waste as a part of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations. The proposed provision for non-hazardous waste would be implemented as a subsequent amendment to these regulations. This will enable hazardous and non-hazardous waste to be controlled in a harmonized manner, with a clarity of purpose and implementation reflective of the intrinsic nature of each waste stream and its associated risks.

This consultation document, prepared by Environment Canada, contains an abridged description of the objectives, structure, and content of the proposed regulatory provisions, as well as the operational procedures to be followed once they are put into place. Many of the ideas this document puts forward reflect input from multi-stakeholder consultations that have taken place on the subject over the past four years (see section 1.1 and appendix A for more information).

This document is intended to stimulate discussion and give stakeholders a final opportunity to provide written input on the proposed regulatory provisions before they are published in the Canada Gazette, Part I. Readers are asked to review the document carefully--in particular, the regulatory provisions proposed in section 3.3-- and provide their feedback in written format, as detailed in section 1.2.

1.1 Stakeholder Consultations

Environment Canada is committed to ensuring that all initiatives aimed at developing regulatory provisions include a process of meaningful and effective consultation with stakeholders. In keeping with this commitment, the Department has held several multi-stakeholder consultations-including national consultations in 2000 and 2001, and a regional consultation in Quebec in 2001. Since then, several multi-stakeholder focus meetings have also been held on proposed approaches to dealing with exports and imports of non-hazardous waste.

A wide variety of subjects were discussed during these meetings, and numerous comments, questions, and suggestions have been received from stakeholders. These consultations were held to improve understanding of the potential impacts of the proposed regulatory provisions on the regulated community and stakeholders at large (see appendix A). Comments, suggestions, and other input received during consultations have been considered fully in developing the regulatory provisions proposed in this consultation document.

1.1.1 Objectives

The purpose of the current consultations is to invite all stakeholders to provide their comments on the proposed regulatory provisions, raise awareness of their concerns, and contribute to the development of recommendations that are based on a common understanding of the environmental benefits to be achieved through these provisions.

The creation and implementation of these regulatory provisions would entail direct costs to both the regulated community and government. They could also result in benefits to the economy by attracting knowledge-based investments, such as material recovery and organic separation/composting, as well as enhancing Canada's performance in the area of non-hazardous waste-material innovations.

These consultations are therefore intended to ensure that the proposed regulatory provisions are as effective and straightforward as possible, and that protection of the environment and human health is not compromised. A related objective is for the proposed regulatory provisions to support other waste-related government policies and international obligations.

The consultation process aims to

• encourage input into the development of the proposed regulatory provisions from a broad spectrum of Canadians;
• ensure that all interested stakeholders are informed of the proposed regulatory provisions and the suggestions of other stakeholders;
• provide equal opportunity to all interested stakeholders to offer suggestions, discuss, and comment on the development of the proposed regulatory provisions;
• identify areas where stakeholders have views that are in agreement with what is proposed as well as differing views;
• ensure that Environment Canada representatives address and respond clearly to any stakeholder comments on the proposed regulatory provisions; and
• increase the acceptance of the proposed regulatory provisions by continuing to involve stakeholders in the process.

Although the main focus of these consultations is on developing the provisions themselves, some of the issues discussed have also touched on how they would be implemented (e.g., administrative practices and policy interpretations).

1.2 This Consultation Document

Environment Canada has prepared this consultation document to inform stakeholders of the key elements of its proposed regulatory provisions for the export and import of non-hazardous waste. Its purpose is to provide focus and guidance to the consultation process.

In soliciting final input from stakeholders, Environment Canada has posted a copy of this discussion paper on the CEPA Environmental Registry Web site and distributed it by e-mail and regular mail to all known Canadian stakeholders, including representatives from other federal departments; provincial, territorial, and municipal governments; industry; environmental groups; and public advocacy groups.

Environment Canada will review all written responses received prior to drafting and publishing the proposed regulatory provisions in the Canada Gazette, Part I, and will take them into full account in drafting the legal text for the proposed regulatory provisions. Environment Canada welcomes the addition of contacts who were not previously involved in the stakeholder consultations, and the distribution of this document to other potential stakeholders.

The next opportunity for stakeholders to comment on the proposed regulatory provisions will be following the publication of the provisions in the Canada Gazette, Part I. Please send your comments on this consultation document in writing to either of the following addresses:

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.

3.0 Proposed Regulatory Provisions

• 3.1 Purpose
• 3.2 Context
  • 3.2.1 Scope of CEPA 1999
• 3.3 Specific Aspects and Obligations
  • 3.3.1 Non-Hazardous Waste Subject to Regulatory Provisions
  • 3.3.2 Notification and Conditions of Export, Import, and Transit
  • 3.3.3 Information Requirements of Notice
  • 3.3.4 Submission and Review Process
  • 3.3.5 Conditions for Export, Import, and Transit
  • 3.3.6 Mechanisms for Tracking
    • 3.3.6.1 Canada-USA Movements
    • 3.3.6.2 Canada-Basel Party Movements
• 3.4 Other Proposed Regulatory Provisions
  • 3.4.1 Liability Insurance
  • 3.4.2 Export Reduction Plans
  • 3.4.3 Environmentally Sound Management

3.1 Purpose

The purpose of the proposed regulatory provisions for the export, import and transit of non-hazardous waste is to

• implement the authorities of CEPA 1999 for the control of transboundary movements of non-hazardous waste, including a regime for notification, prior informed consent, permitting, reporting, and tracking of shipments to protect the environment and human health; and
• enable Canada to implement the terms of the Basel Convention and the Canada-USA Agreement with respect to transboundary movements of non-hazardous waste.

It is proposed that the regulatory provisions contain the following elements:

1. A definition of non-hazardous waste common to the Basel Convention and the Canada-USA Agreement
2. A notification and permitting mechanism through which the receiving country agrees in advance to any shipments
3. Conditions governing who may export, import or convey in transit
4. The requirement that non-hazardous waste be disposed of only at authorized facilities
5. Requirements for reporting of all transboundary movements of non- hazardous waste from the facilities of origin to the final destinations
   1. for movements between Canada and the USA, through annual reporting following the disposal of the wastes; and
   2. for movements between Canada and Basel countries, through a movement document
6. Specific time periods for completing the disposal of non-hazardous waste once it has been accepted at an authorized facility
7. Requirements for contracts between importers and foreign exporters, and between exporters and foreign importers
8. Requirements for liability insurance and the extent of coverage required
9. When a shipment is not accepted at the intended facility in the country of import, the obligation of the exporter to dispose of the non-hazardous waste at another authorized facility in the country of import or to arrange for the return of the waste to the facility from which it was shipped
10. The requirement that imports, exports, and transits of non-hazardous waste are permitted only with parties to either the Basel Convention or the Canada-USA Agreement
11. Prohibitions on exports of non-hazardous waste to Antarctica and other countries that prohibit their import
12. The requirement for written confirmation of disposal when the disposal is complete

3.2 Context

The proposed regulatory provisions would be made under CEPA 1999, which introduced provisions allowing the Minister of the Environment to recommend regulations for the export, import, and transit of non-hazardous waste. These provisions also allow Canada to meet its international obligations regarding the control of movements of non-hazardous waste.

3.2.1 Scope of CEPA 1999

Section 185 of CEPA 1999 addresses notification and permitting obligations as follows:

(1) No person shall import, export, or convey in transit a hazardous waste or hazardous recyclable material, or prescribed non-hazardous waste for final disposal, except

1. after notifying the Minister and paying the prescribed fee;
2. after receiving from the Minister whichever one of the following permits is applicable:
   1. an import permit or export permit that, except in the case of a permit issued under subsection (4), states that the authorities of the country of destination and, if applicable, of the country of transit have authorized the movement, and that the authorities of the jurisdiction of destination have authorized the final disposal or recycling of the waste or material, or
   2. a transit permit that states that the Minister has authorized the movement; and
3. in accordance with the prescribed conditions.

Section 186 of CEPA 1999 allows the Minister to prohibit the import, export, and transit of waste:

(1) For the purpose of implementing international agreements respecting the environment, the Minister may, with the approval of the Governor in Council and taking into account Canada's international obligations, prohibit, completely or partially and under any conditions that may be prescribed, the import, export or transit of waste or material referred to in subsection 185(1).

Prohibition of abandonment

(2) No person shall abandon any waste or material referred to in subsection 185(1) in the course of import, export or transit.

Section 187 of CEPA 1999 requires the Minister to publish information on proposed imports, exports, and transits.

Section 190 of CEPA 1999 allows the Minister to issue permits based on equivalent environmental-safety levels for any waste import, export, or transit activity that does not comply with the Act or its regulations.

Section 191 of CEPA 1999 gives the Governor in Council, on the recommendation of the Minister, the authority to create regulations for the purpose of carrying out the foregoing provisions (e.g., requirements for information to be contained in notices, waste and material classifications). It is this authority that forms the basis of the regulatory initiative that is the subject of this consultation document. In addition, Section 192 gives the Minister the authority to establish forms for the purpose of gathering and submitting information.

3.3 Specific Aspects and Obligations

Environment Canada proposes the following key items regarding the regulatory provisions for exports, imports, and transits of non-hazardous waste. These items incorporate comments already received through stakeholder consultations. The proposed regulatory provisions will be finalized after Environment Canada receives feedback on this consultation document and any other suggestions brought forward for consideration.

3.3.1 Non-Hazardous Waste Subject to Regulatory Provisions

It is proposed that non-hazardous waste be defined as waste that is not hazardous, that is derived from municipal, residential, industrial, commercial or institutional sources, and that is destined for a final disposal operation listed in appendix B. It also includes incinerator ash derived from the incineration of non-hazardous waste.

It is proposed that non-hazardous waste would include

• solid non-hazardous waste from residences (e.g., single family, multiple-residential);
• solid non-hazardous waste from industrial, commercial, or institutional facilities (e.g., cafeterias, offices) that is similar in nature to residential waste;
• solid non-hazardous waste from municipal litter bins located in public spaces (e.g., parks, zoos, bus shelters, and transit stops) that is similar in nature to residential waste;
• residues from the incineration of municipal solid waste; and
• residues from waste-diversion operations (e.g., material recovery facility, composting).

Non-hazardous waste would not include

• waste from industrial processes (e.g., sawdust from a mill, textile trimmings from a factory);
• waste entirely composed of construction and/or demolition waste (e.g., lumber, drywall, masonry such as brick and concrete);
• sanitary sewer-treatment plant sludge; or
• waste that exhibits hazardous characteristics (e.g., flammable, poisonous, infectious, corrosive, toxic, or biomedical waste).

3.3.2 Notification and Conditions of Export, Import, and Transit

Notification and conditions of export, import, and transit are the central elements of the proposed regulatory provisions. They would require any person who proposes to export, import, or convey in transit non-hazardous waste to submit to Environment Canada a notice covering a period of up to 12 months and a non-hazardous waste intended for final disposal. Notices of proposed movements could cover multiple shipments of non-hazardous waste from one particular site to another particular site.

This process allows for the review of the notice by the Canadian and foreign competent authority (and the provincial and territorial governments, in the case of imports) to ensure that the proposed movements are consistent with regulatory requirements. The prior informed consent of the competent authority in the receiving jurisdiction would be needed for Environment Canada to issue a permit for movements of non-hazardous waste.

3.3.3 Information Requirements of Notice

It is proposed that the information requirements of the notice of export, import or transit include but not be limited to the following:

Exports from Canada

1. The reference number provided by Environment Canada to the person proposing to export waste
2. The name, addresses (civic, mailing, and electronic), registration number, and telephone and facsimile numbers of the contact for the
   1. Canadian exporter;
   2. foreign importer;
   3. Canadian site from which the non-hazardous waste is being shipped;
   4. authorized carriers (as authorized by the appropriate jurisdiction); and
   5. authorized foreign receiving facility or site (as authorized by the appropriate jurisdiction)
3. The proposed dates of the first and last export
4. The modes of transport to be used
5. The estimated number of shipments involved
6. The following information on each non-hazardous waste:
   1. the type and source (e.g., solid non-hazardous waste or ash from solid non-hazardous waste and municipality of origin);
   2. the total quantity estimated to be shipped over the notice period, in kilograms or litres; and
   3. the applicable disposal code (see appendix B)
7. The ports of exit through which the exports will take place
8. The names of the insurance companies involved and the relevant policy numbers
9. Any countries of transit and the length of time the non-hazardous waste will be in each
10. A statement, signed and dated by the Canadian exporter, indicating that
    1. a contract is in force¹;
    2. an insurance policy covers the period required;
    3. the exporter will implement alternative arrangements if the non- hazardous waste cannot be disposed of in accordance with the export permit, or will return the non-hazardous waste to the Canadian facility from which it originated; and
    4. the information in the notice is complete and correct

Imports to Canada

1. The reference number provided by Environment Canada to the person proposing to import waste
2. The name, addresses (civic, mailing, and electronic), registration number, and telephone and facsimile numbers of the contact for the
   1. Canadian importer;
   2. foreign exporter;
   3. foreign site from which the non-hazardous waste is being shipped;
   4. authorized carriers (as authorized by the appropriate jurisdiction); and
   5. authorized Canadian receiving facility or site (as authorized by the appropriate jurisdiction)
3. The proposed dates of the first and last import
4. The modes of transport to be used
5. The estimated number of shipments involved
6. The following information on each non-hazardous waste:
   1. the type and source (e.g., solid non-hazardous waste or ash from solid non-hazardous waste and the municipality of origin);
   2. the total quantity estimated to be shipped over the notice period in kilograms or litres of waste; and
   3. the applicable disposal code (see appendix B)
7. The ports of entry through which the import will take place
8. The names of the insurance companies involved and the relevant policy numbers
9. The countries of transit and the length of time the non-hazardous waste will be in each
10. A statement signed and dated by the Canadian importer indicating that:
    1. a contract is in force²;
    2. an insurance policy covers the period required;
    3. the importer will implement alternative arrangements if the non- hazardous waste cannot be disposed of in accordance with the import permit, or will return the non-hazardous waste to the facility from which it originated; and
    4. the information in the notice is complete and correct

Transits

1. The reference number provided by Environment Canada to the person proposing to convey waste in transit
2. The name, addresses (civic, mailing, and electronic), registration number, and telephone and facsimile numbers of the contact for
   1. the foreign exporter and foreign receiver or the exporter and importer, as the case may be;
   2. the site from which the non-hazardous waste is being shipped;
   3. the site at which the non-hazardous waste is to be received; and
   4. the authorized carriers (as authorized by the appropriate jurisdiction)
3. All modes of transport that will be used
4. The estimated number of shipments
5. The ports of entry and exit through which the transit will take place
6. The proposed date of entry of the first shipment and date of exit of the last shipment
7. The name of the insurance company and the relevant policy number as required under section 3.4.1
8. The countries of transit and the length of time that the non-hazardous waste will be in each
9. The following information on each waste:
   1. the type and source (e.g., solid non-hazardous waste or ash from solid non-hazardous waste and the municipality of origin);
   2. the total quantity estimated to be shipped over the notice period, in kilograms or litres; and
   3. the applicable disposal code (see appendix B)
10. A statement signed and dated by the person who submits the notice indicating that
    1. an insurance policy covers the period required; and
    2. the information in the notice is complete and correct

3.3.4 Submission and Review Process

Export

1. The person proposing to export sends a notice to Environment Canada
2. Environment Canada reviews the notice to ensure that all information requirements are fully met
3. Environment Canada forwards the notice of proposed export to the foreign competent authority for review
4. The foreign competent authority provides its response to Environment Canada
5. The Minister of the Environment either grants or refuses to issue a permit to the person proposing to export, taking into account the response from the foreign competent authority. The export can only take place once the exporter receives the permit.

If the export is intended for the United States and no response is received from the competent authority (the US EPA) within 30 days of transmitting the notice, then tacit consent is invoked under the Canada-USA Agreement. The Minister of the Environment will then issue a permit in accordance with CEPA 1999. The export can only take place once the exporter receives the permit.

Import

1. The person proposing to import sends a notice to Environment Canada
2. Environment Canada reviews the notice to ensure that all information requirements are fully met
3. Environment Canada forwards the notice of proposed import to the appropriate provincial or territorial authority for review
4. The provincial or territorial authority returns the notice to Environment Canada with its response
5. Environment Canada matches the foreign export notice and the Canadian import notice, and the Minister either grants or refuses to issue a permit to the person proposing to import. The import can only take place once the Canadian importer receives the permit.

Transit through Canada

1. The person proposing to convey the non-hazardous waste in transit sends a notice to Environment Canada
2. Environment Canada reviews the notice to ensure that all information requirements are fully met
3. Environment Canada forwards the notice of proposed transit to the appropriate authority in the provinces or territories through which the non-hazardous waste is to be conveyed for their review
4. The provincial or territorial authority(s) returns the notice to Environment Canada with its response
5. Environment Canada matches the foreign export notice and the Canadian import notice, and the Minister either grants, or refuses to issue, a permit to the person proposing to convey the non-hazardous waste in transit. The transit can only take place once the person proposing the transit receives the permit.

Transits through a Country Other Than Canada

1. The person proposing to convey the non-hazardous waste in transit sends a notice to Environment Canada
2. Environment Canada reviews the notice to ensure that all information requirements are fully met
3. Environment Canada forwards the notice of proposed transit to the foreign competent authority for review
4. The foreign competent authority responds to Environment Canada
5. The Minister of the Environment either grants, or refuses to issue, a permit to the person proposing to convey the non-hazardous waste in transit, taking into account the response from the foreign competent authority. The transit can only take place once the person proposing the transit receives the permit.

Note that in the case of transit through the US, if no response is received from the US EPA within 30 days of transmitting the notice, then tacit consent is invoked under the Canada-USA Agreement. The Minister of the Environment will then issue a permit in accordance with CEPA 1999. The transit can only take place once the person proposing the transit receives the permit.

Administrative Considerations

In general, the notifier should allow at least 60 days for the administrative review process for shipments to and from the United States. More time should be allowed for shipments to other countries. If the notice is complete and correct, it is possible that approval (including the US review, which takes 30 days) could be granted in approximately 35 to 40 days. Any errors or omissions by the applicant will delay the file.

The permit issued by Environment Canada may not correspond to the exact shipping dates set out in the notice, but will state when shipping may begin. Permits are valid for up to 12 months, and the import, export, or transit may take place at any time within the permit's period of validity.

Review Criteria

The following questions reflect the type of criteria that the appropriate jurisdiction will generally consider in its review of notices before providing a decision on whether to consent to shipments of non-hazardous waste (questions 3 and 4 are intended to help avoid negative environmental or human-health impacts at a disposal facility):

1. Is all the information required in the notice provided?
2. Is the import or export of the waste prohibited under the jurisdiction's legislation? (e.g., in Canada, it is prohibited to export waste with 50 ppm or more of polychlorinated biphenyls under the CEPA 1999 PCB Waste Export Regulations)
3. Is the proposed facility authorized to dispose of the non-hazardous waste? (this is usually specified in the facility permit issued by the appropriate jurisdiction)
4. Has the importing jurisdiction received information that demonstrates that the importing facility cannot manage the non-hazardous waste in an environmentally sound manner? (e.g., a problem at the facility that poses imminent and substantial danger to the environment or human health) (see also section 3.4.3 regarding environmentally sound management criteria)

3.3.5 Conditions for Export, Import, and Transit

Export Conditions

An exporter may export non-hazardous waste if the following conditions are met:

1. At the time of export
   1. the export is not prohibited under the laws of Canada;
   2. the country of import is a party to the Basel Convention or the Canada-USA Agreement and does not prohibit the import of non-hazardous waste; and
   3. the country of transit, if a country of transit is involved, does not prohibit the transit of the non-hazardous waste
2. The non-hazardous waste is not disposed of south of 60° south latitude
3. The exporter is a resident of Canada or, in the case of a corporation, has a place of business in Canada
4. The exporter is the owner or operator of the authorized facility named in the export permit (and from which the non-hazardous waste will be exported)
5. There is a signed, written contract or series of contracts between the exporter, foreign importer, and authorized facilities or, if any of these are the same legal entity, a written statement signed by representatives of the exporter and the foreign importer
   1. indicating that the non-hazardous waste will be disposed of in accordance with the export permit;
   2. describing the non-hazardous waste;
   3. setting out the quantity of non-hazardous waste to be exported;
   4. describing the disposal operation set out in Appendix B that will be used; and
   5. requiring the foreign importer to
      1. take all practicable measures to assist the exporter in fulfilling the exporter's obligations if the non-hazardous waste delivery is not accepted by the authorized facility named in the export permit or if the facility refuses to dispose of the non-hazardous waste in accordance with the export permit;
      2. complete the disposal of the non-hazardous waste
         1. within five working days after the date of its arrival at the authorized facility indicated on the export permit, to avoid adverse impacts from degradation of the waste; or
         2. for interim disposal operations (D13, D14, D17 as described with appendix B), within five days (in the case of solid non-hazardous waste and residue from waste-diversion operations) or within 180 days (in the case of residue from the incineration of municipal solid waste)
      3. provide the information required by the exporter to complete the movement document (for exports from Canada to Basel parties) or annual report (for exports from Canada to the USA); and
      4. submit written confirmation of the disposal of the non- hazardous waste to the exporter within 30 days of completing the disposal
6. The exporter and the authorized carriers are insured (see section 3.4.1)
7. A copy of the permit accompanies the non-hazardous waste
8. The non-hazardous waste is disposed of at the authorized facility named in the export permit
9. The non-hazardous waste is transported by the authorized carriers named in the export permit
10. The non-hazardous waste is exported through the port(s) of exit named in the export permit
11. The quantity of non-hazardous waste exported for disposal does not exceed the quantity set out in the export permit
12. Each shipment is completed, including disposal of the waste
    1. within five working days after the date of its arrival at the disposal site indicated on the permit, to avoid adverse impacts from degradation of the waste; or
    2. for interim disposal operations (D13, D14, D17 as described within appendix B), within five days (in the case of solid non-hazardous waste and residual waste from waste-diversion operations) or within 180 days (in the case of residual waste from the incineration of municipal solid waste)
13. Records of the non-hazardous waste exported for disposal are maintained at the exporter's principal place of business in Canada for three years after the date of export, and the exporter makes the information available to enforcement officers upon request

Return or Re-routing of Exports

An exporter may import, for the purposes of return, non-hazardous waste if the exported waste is not accepted by the authorized facility named in the export permit, or if the facility refuses to dispose of the non-hazardous waste in accordance with the export permit. Under such conditions, the exporter is required to

1. immediately notify the Minister of the Environment and the foreign receiver and authorities of the country of import of the reasons for the return/non-acceptance;
2. take one of the two following actions within 10 days after the day on which the Minister is notified:
   1. arrange for and ensure the return of the non-hazardous waste to an authorized facility in Canada, the exporter would be required to
      1. await receipt of an import permit from Environment Canada before proceeding with the return, and
      2. ensure that a copy of the appropriate import permit accompanies the waste throughout the movement until it is returned to Canada, or
   2. arrange for and ensure the disposal of the non-hazardous waste at an authorized facility in the country of import, and provide the Minister with the name and address of the facility and name of a contact person.

Import Conditions

An importer may import non-hazardous waste if the following conditions are met:

1. At the time of import
   1. the import to Canada is not prohibited under the laws of Canada;
   2. the country of export is a party to the Basel Convention or the Canada-USA Agreement; and
   3. the country of transit, if a country of transit is involved, does not prohibit the transit of the non-hazardous waste
2. The importer is a resident of Canada or, in the case of a corporation, has a place of business in Canada
3. The importer is the owner or operator of the authorized facility named in the import permit (and to which the non-hazardous waste will be imported)
4. There is a signed written contract or series of contracts between the importer, the foreign exporter, and the authorized facilities or, if any of these are the same legal entity, a written statement signed by representatives of the importer and the foreign exporter
   1. indicating that the non-hazardous waste will be disposed of in accordance with the import permit;
   2. describing the non-hazardous waste;
   3. setting out the quantity of non-hazardous waste to be imported;
   4. describing the disposal operation set out in appendix B that will be used; and
   5. requiring the foreign exporter to
      1. take all practicable measures to assist in fulfilling the importer's obligations if the non-hazardous waste is not accepted by the authorized facility named in the import permit within five working days after the date of its arrival, or if the facility refuses to dispose of the non-hazardous waste in accordance with the import permit, and
      2. provide the information required by the importer to complete the movement document (for imports to Canada from Basel parties) or annual report (for imports to Canada from the USA) required under these regulations
5. The importer and authorized carriers are insured (see section 3.4.1.)
6. The non-hazardous waste is disposed of at the authorized facility named in the import permit
7. The non-hazardous waste is transported by the authorized carriers named in the import permit
8. The non-hazardous waste is imported through the port(s) of entry named in the import permit
9. The quantity of non-hazardous waste imported for disposal does not exceed the quantity set out in the import permit
10. A copy of the import permit accompanies the non-hazardous waste
11. The disposal of each shipment is completed, including disposal of the waste
    1. within five working days after the date of its arrival at the disposal site indicated on the permit, to avoid adverse impacts from degradation of the waste; or
    2. for interim disposal operations (D13, D14, D17 as described within appendix B), within five days (in the case of solid non-hazardous waste and residual waste from waste-diversion operations) or within 180 days (in the case of residual waste from the incineration of municipal solid waste)
12. Records of the non-hazardous waste imported for disposal (including confirmation of disposal) are maintained at the importer's principal place of business in Canada for three years after the date of import, and the importer makes the information available to enforcement officers upon request

Return or Re-routing of Imports

An importer may export, for the purposes of return, non-hazardous waste if the waste imported is not accepted by the authorized facility named in the import permit within five working days after the date of its arrival at the authorized facility, or if the facility refuses to dispose of the non-hazardous waste in accordance with the import permit. In such conditions, the importer would be required to

1. within five working days of the refusal to dispose, send an export notice to the Minister of the Environment and the foreign exporter stating the reasons for the return/non-acceptance;
2. await receipt of an export permit from Environment Canada, in order to proceed with the return; and
3. take one of the two following actions within 10 days after the day on which the Minister is notified:
   1. arrange for and ensure the disposal of the non-hazardous waste at an authorized facility in Canada other than the one named in the import permit, and advise the Minister of the name and address of the facility and name of a contact person, ensuring that a copy of the appropriate export permit accompanies the waste throughout the movement or until it is returned to the foreign export site; or
   2. arrange to return the non-hazardous waste to the facility from which it was exported and, before shipping the non-hazardous waste, receive an export permit from the Minister confirming that the facility is authorized.

Transit Conditions

A transit may be described as

• a movement from one part of Canada to another part of Canada (e.g., from Ontario to New Brunswick via the USA), or
• a movement from a second country through Canada to a third country or to another location in the second country (e.g., from Alaska through Canada to Washington or from Alaska through Canada to Mexico).

A person may convey in transit non-hazardous waste if

1. at the time of transit, the export or import of the non-hazardous waste is not prohibited under the laws of Canada or any other country through which it will be conveyed;
2. the non-hazardous waste is transported by the authorized carriers named in the transit permit;
3. the non-hazardous waste is exported and imported through the ports of entry and exit named in the transit permit;
4. the quantity of non-hazardous waste conveyed in transit does not exceed the quantity set out in the transit permit;
5. in the case of transit through Canada, the authorized carrier is insured (see section 3.4.1);
6. in the case of transit though a country other than Canada, the exporter and importer are insured (see section 3.4.1);
7. in the case of transit through Canada, the country of export provides the Minister with written confirmation that the country of import and any others through which the non-hazardous waste will be conveyed in transit have consented to the proposed import or transit; and
8. a copy of the transit permit accompanies the non-hazardous waste from the port of entry into Canada through to the port of exit from Canada.

3.3.6 Mechanisms for Tracking

3.3.6.1 Movements between Canada and the USA

A copy of the export, import, or transit permit would be required to accompany the non-hazardous waste conveyed between Canada and the USA at all times during the shipment (including return, if necessary)--from the export site through to the waste's arrival and acceptance at the disposal site.

It is proposed that the Canadian exporter or importer named in the permit or the person conveying the non-hazardous waste in transit be required to submit an annual report to Environment Canada for each calendar year (January 1 to December 31) detailing

1. the permit number under which the export, import, transit, or series of shipments was made;
2. the reporting period during which the export, import, transit, or series of shipments was made under the respective permit;
3. the facility of origin;
4. the type and source (e.g., solid non-hazardous waste or ash from solid non-hazardous waste and the municipality of origin);
5. the Canadian exporter and US importer or the US exporter and Canadian importer;
6. the port of entry or exit; and
7. the number of movements (including returns) associated with the non-hazardous waste for the entire reporting period, including:
   1. the total quantity of non-hazardous waste shipped (and received, if different from the quantity shipped) under that permit;
   2. the contact names and addresses (both mailing and electronic) of all carriers involved in the movement of the non-hazardous waste from its point of origin to its disposal; and
   3. a written, dated, and signed (by the Canadian exporter, importer or person responsible for the waste conveyed in transit) confirmation that the non-hazardous waste has been received and disposed of in accordance with the permit and in a manner that protects the environment and human health.

Canadian exporters, importers, and persons conveying non-hazardous waste in transit between Canada and the US would be required to submit the annual report no later than March 31 of the year following the calendar year for which they are reporting. They would also be required to keep a copy of the report at their principal place of business for a period of three years after the day on which it was submitted to the Minister.

3.3.6.2 Movements between Canada and Other Basel Parties

A copy of the export, import, or transit permit would be required to accompany the non-hazardous waste conveyed in transit between Canada and other Basel parties at all times during the shipment (including return, if necessary)--from the export site through to the waste's arrival and acceptance at the disposal site.

It is proposed that the Canadian exporter or importer named in the permit or the person conveying the non-hazardous waste in transit be required to ensure that a copy of the movement document accompanies the non-hazardous waste for the duration of this same period (the format of the movement document is not prescribed; however, its information requirements are detailed in appendix C).

Once the disposal is completed, the Canadian exporter, importer, or person conveying non-hazardous waste in transit would be required to send Environment Canada, within 30 days, a copy of the shipment's movement document and a written, dated, and signed (by the Canadian exporter, importer or person responsible for the waste conveyed in transit) confirmation that the waste has been received and disposed of in accordance with the permit and in a manner that protects the environment and human health.

3.4 Other Proposed Regulatory Provisions

3.4.1 Liability Insurance

It is proposed that a key requirement for notification be that each party involved in the movement of non-hazardous waste be fully insured, and that the policy be in effect for the entire period of the notice, including the return, if necessary. This insurance would be in respect of

• any damages to their parties for which the exporter, import, or authorized carrier is responsible, and
• any costs imposed by law on the exporter, importer, or authorized carrier to clean up non-hazardous waste that has been released to the environment.

For example, the insurance would cover liability arising from the export, import, or transit of non-hazardous waste

• in the case of an export from Canada, from the time the waste leaves the exporter's shipping site to the time an authorized facility (including one in Canada, if the waste is returned) accepts its delivery for disposal;
• in the case of an import into Canada, from the time the waste enters Canada to the time an authorized facility in Canada accepts its delivery or the waste leaves Canada for return to the country of export; or
• in the case of transit, at any time during transit through Canada.

At present, Environment Canada considers the following amounts of liability insurance as the minimum requirements for the issuance of a permit for the export or import of non-hazardous waste:

• For exporters, importers or persons conveying waste in transit, one million dollars
• For authorized carriers, the amount required by law in the jurisdictions in which the waste is transported.

Input from stakeholders is welcomed in setting insurance requirements that are consistent with industry practices for domestic movements and disposal operations, yet ensure adequate coverage to mitigate the potentially harmful impacts of the export or import of non-hazardous waste on the environment and human health.

3.4.2 Export Reduction Plans

As per Section 188 of CEPA 1999, it is proposed that the Minister of the Environment may require a plan for the reduction of exports of non-hazardous waste to be in place. Such a plan would describe whether the waste is to be exported by

• the municipality (e.g., residential or municipal solid waste exported from municipal facilities); or
• a commercial enterprise exporting the waste on behalf of clients (e.g., a privately owned waste facility).

It would require the exporter to provide

1. a description of the manner in which the exporter plans to reduce or phase-out exports of the non-hazardous waste;
2. the options considered for reducing or phasing out the export of the waste referred to in the plan (including options for disposal in Canada); and
3. details on the stages of the plan and a schedule for its implementation.

3.4.3 Environmentally Sound Management

Under subsection 185(2) of CEPA 1999, the Minister of the Environment may refuse to issue a permit to export, import, or convey in transit non-hazardous waste if the Minister is of the opinion that the waste will not be managed in a manner that will protect the environment and human health. In making a decision, the Minister may consider the following criteria:

1. The implementation of an environmental management system at the authorized facility that includes
   1. procedures for ensuring the protection of the environment and human health against adverse effects that may result from the disposal of the non-hazardous waste, including measures for monitoring the efficiency of the procedures and modifying them, if necessary;
   2. measures to monitor and ensure compliance with applicable laws respecting the protection of the environment and human health; and
   3. certification that the system includes the procedures and measures referred to in (i) and (ii)
2. The implementation of a plan at the authorized facility to prevent, prepare for, and respond to any uncontrolled, unplanned, or accidental release of non-hazardous waste
3. The existence of prohibitions or conditions relating to the disposal of non-hazardous waste in Canada or abroad

¹ In cases where the Canadian exporter and foreign importer are the same entity, a statement signed and dated by a representative of the Canadian and foreign sites affirming that all requisite elements of the notice of proposed export, import, or transit have been completed.

² In cases where the Canadian importer and foreign exporter are the same entity, a statement signed and dated by a representative of the Canadian site and foreign site affirming that all requisite elements of the notice of proposed export, import, or transit have been completed.

4.0 Next steps

Environment Canada will review and analyze all comments received from stakeholders in response to this consultation document, in order to draft the proposed regulatory provisions. The draft provisions will then be published for public comment in the Canada Gazette, Part I.

After the draft regulatory provisions have been finalized, Environment Canada will develop compliance promotion materials and a guidance document to facilitate understanding of the new regulatory provisions.

5.0 Appendices

• Appendix A - Summary of Stakeholder Consultations
• Appendix B - Proposed Disposal Operations
• Appendix C - Proposed Information Requirements of Movement Document for Movements between Basel Parties

Appendix A - Summary of Stakeholder Consultations

Environment Canada held its first consultation sessions on the development of the proposed regulations in 2000. They included meetings with representatives from the following groups:

• Non-government organizations (NGOs) (February 17, 2000, Toronto)
• Provincial environment ministries (by conference call, February 17, 2000, Toronto)
• Ontario municipalities and the private sector (February 18, 2000, Toronto)
• Quebec-based industry (February 24, 2000, Montréal)
• NGOs and the Quebec Ministry of Environment (February 24, 2000, Montréal)
• All sectors, including NGOs, industry, and provincial and municipal governments (March 10, 2000, Vancouver)

Following these consultations, a discussion paper was prepared entitled Development of Regulatory Options for the Export and Import of Prescribed Non-Hazardous Wastes Destined for Final Disposal. The paper was made available for public comment on the Web site of the CEPA Environmental Registry from August 31 to December 31, 2000.

Comments received were assembled and reviewed, and a second series of multi-stakeholder consultations were organized to further review the options paper and seek additional input. Four workshops were held across Canada in March 2001, with invitations and follow-up calls made to representatives from all levels of government, industry, waste-management firms, and environmental NGOs.

Consultation sessions held in 2001 included meetings with representatives from the following groups:

• Industry and governments (March 16, 2001, Moncton)
• The private sector and NGOs (March 20, 2001, Montréal)
• Industry, the private sector, NGOs, and US state officials (March 23, 2001, Toronto)
• Industry, the private sector, and NGOs (March 27, 2001, Vancouver)

Comments received from the 2001 consultations were assembled and reviewed in preparation for development of these proposed regulatory provisions. Follow-up calls were made to representatives from all levels of government, industry, waste-management firms, and environmental NGOs.

In 2001, the Quebec stakeholder awareness-raising project began with the creation of a list of stakeholders in the province who were possibly involved in the export or import of non-hazardous waste. These multi-stakeholder consultations were organized to further review the options paper and seek additional input from Quebec stakeholders.

Since that time, a number of multi-stakeholder-focused meetings have been held on approaches to dealing with exports and imports of non-hazardous waste. Nearly 400 stakeholders participated in these consultations, putting forth questions and comments on a wide array of subjects related to the proposed regulatory provisions. Most of these dealt with:

• the implementation of prior informed consent;
• the definition of non-hazardous waste subject to the proposed regulatory provisions;
• the implementation of waste-export reduction plans; and
• the prescription of tracking mechanisms.

Appendix B - Proposed Disposal Operations

Appendix C - Proposed Information Requirements of Movement Document for Movements between Basel Parties

It is proposed that any movement document for the export, import, or transit of non-hazardous waste require the following:

1. The reference number provided by the Minister
2. The name, addresses (civic, mailing, and electronic), registration number,
3. and telephone and facsimile numbers of the contact for
   1. the person responsible for the movement;
   2. the authorized facility from which the non-hazardous waste is exported;
   3. the authorized facility at which the non-hazardous waste is disposed,
   4. for transits of non-hazardous waste through Canada, any waste transfer facility.
   5. the authorized carriers; and
   6. the authorized facilities.
4. For each non-hazardous waste, information on
   1. the type and source (e.g., solid non-hazardous waste or ash from solid non-hazardous waste and municipality of origin);
   2. the total quantity shipped over the notice period in kilograms or litres of waste; and
   3. the applicable disposal code (see Appendix B)
5. The modes of transport used
6. The ports through which the shipment exits or enters Canada
7. The dates of departure from the export site and acceptance at the disposal site
8. The countries of transit, if any and the length of time the waste remained in each
9. A statement signed and dated by the exporter or importer or person conveying the waste in transit indicating that the information in the movement document is complete and correct