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Guidance document for Export of Substances on the Export Control List Regulations

Guidance document for exporters

Export of Substances on the Export Control List Regulations

Chemical Production Division
Environmental Protection Branch
Environment and Climate Change Canada
November 28, 2016

Introduction

The Export of Substances on the Export Control List Regulations (the Regulations) apply to exports of substances listed on Schedule 3 of the Canadian Environmental Protection Act, 1999 which is also known as the Export Control List. The Regulations also apply to the export of products containing one or more of the substances listed on the Export Control List. The Regulations apply even if other regulations under the Canadian Environmental Protection Act, 1999, or any other applicable legislation apply to the export, unless an exemption is expressly provided.

The Regulations introduce provisions describing the method of providing prior notice of export as required by the Canadian Environmental Protection Act, 1999, further provisions to ensure that Canada is compliant with its export obligations under the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention), and finally describe how to obtain an export permit which is required when the export is subject to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention). A publication in the Canada Gazette, Part I on May 14, 2016 proposed amendments to the Regulations that would expand their scope to control the export of mercury to meet obligations under the Minamata Convention on Mercury (Minamata Convention).

This guidance document has been developed for exporters of substances listed on the Export Control List. For all purposes of interpreting and applying the law, users should consult:

The above-mentioned publications are available in most public libraries. Official versions of the Statutes and regulations can also be found at the Department of Justice website. The law as stated in the above-mentioned publications will prevail should any inconsistencies be found in this guidance document. Additionally, in case of a discrepancy between this document and the current Registers and Annexes made available through the Stockholm Convention Secretariat and Rotterdam Convention Secretariat, those registers and annexes shall prevail. Links to these registers are provided in this document.

An importing country may set its own limitations on import of a substance that are more restrictive than the conditions established under the Rotterdam and/or Stockholm conventions and these Regulations. Exporters may wish to confirm with their importers that their export will meet all applicable conditions established by the importing country.

This guidance document is subject to amendment from time to time. Each version is dated therefore the user should ensure that they are always consulting the most recent version of the document. Users can contact ec.substancedexportationcontrolee-exportcontrolledsubstance.ec@canada.ca for this information.

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Forms for exporters

 

 
Introduction
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