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Reply to Comments Received in Submissions on the Proposed Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

Comments and Reply: Permits of Equivalent Level of Environmental Safety

A number of industry and association stakeholders provided comments on Permits of Equivalent Level of Environmental Safety (PELES)

We had understood through the consultations to date that there would be a process introduced for PELES within the regulation. However the allowance for PELES is not apparent in the proposed EIHWR.

If the PELES are to be regulated at the CEPA level, we would like to see a clear guidance or administrative document that details the process and sets out the criteria for 'equivalency'.

Also, permits should be issued with the intent of eventually incorporating the equivalent level of environmental safety into the regulations.

The variance provision or PELES is not visible within the regulation. Can we apply for conditional exclusions through PELES?

Provisions for closed-loop recycling were not provided. TMB should provide guidelines for the submission of a PELES application for the exclusion of specific closed-loop recycling activities.

Response: Section 190 of CEPA 1999 authorizes the issuance of permits of equivalent level of environmental safety (PELES), which may continue to be used to address variances to the proposed Regulations. Environment Canada will consider addressing these permits further in compliance-promotion material.

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