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

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2. Overview of the regulatory obligations

Figure 1: Export of substances on the Export Control List Regulation

Export of Substances on the Export Control List Regulations. (See long description below)

Description of Figure 1

This Figure is a flowchart which provides an overview of the Export of Substances on the Export Control List Regulations. It is divided into three parts. The first qualifies the export and indicates the need to provide a prior notification at least 30 days in advance of the export. The second gives a description of how to satisfy Section 6 of the regulations which implements the conditions relative to the Stockholm Convention – exports are prohibited if they would contravene the Stockholm Convention. The third gives a description of Sections 7 through 22 of the Regulations which implement the conditions relative to the Rotterdam Convention – exports can be prohibited under these Sections through denial of a permit if the export would contravene the Rotterdam Convention.

 

Footnotes on Overview of the Regulatory Obligations Diagram

  1. Canadian Environmental Protection Act, 1999
  2. Stockholm Convention on Persistent Organic Pollutants (POPs)
  3. To meet the Conditions Relative to the Stockholm Convention, section 6 of these Regulations the export of a POP listed on Part 2 or Part 3 of the Export Control List is prohibited unless one or more of the following provisions are met. The exporter will inform which of these conditions are met through the prior notice of export required under section 5 of these Regulations.
    • 6(2)(a)(i): Export is to a Stockholm Party for a specific exemption or acceptable purpose for which that Party has registered.
    • 6(2)(a)(ii): Export is to a Stockholm Party that has not ratified the amendment respecting the addition of the substance being exported, but an annual certification with the Party has been transmitted by Canada to the Stockholm Convention Secretariat.
    • 6(2)(b): Export is to a non-Party to the Stockholm Convention but an annual certification with the Party has been transmitted by Canada to the Stockholm Convention Secretariat.
    • 6(2)(c): The export is in accordance with paragraph 1(d) of Article 6 of the Stockholm Convention.
    • 6(2)(d): The export is for use in a laboratory for analysis, in scientific research, or as a laboratory analytical standard and the exported quantity does not exceed 10 kg per calendar year.
    • 6(2)(e): The POP is incidentally present in trace amounts in the product being exported.
    • 6(2)(f): The POP is contained in a product that was manufactured or in use on or before the entry into force for Canada of a provision of the Stockholm Convention prohibiting its use or production, and Canada has notified the Secretariat.


    The prohibitions of subsection 6(2) do not apply where:

    • 6(1): The POP is listed to the Stockholm Convention, but the amendment adding the POP to the Convention is not in force for Canada.
    • 6(3): The POP is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations.
    • Note that where subsection 6(2) does not apply, you will still need to comply with any other applicable requirements, including in these Regulations.
  4. Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
  5. Notification of export is a requirement of subsection 101(1) of the Canadian Environmental Protection Act, 1999.
  6. Section 5 of the Export of Substances on the Export Control List Regulations.
  7. All substances on Part 2 of the Export Control List are also listed in Annex III of the Rotterdam Convention.
  8. Prior Informed Consent (PIC) procedure as described by the Rotterdam Convention.
  9. All substances listed in Annex III of the Rotterdam Convention are considered “PIC Substances” when used for the category for which they are listed in Annex III.
  10. A permit is required to export a substance listed on Part 3 of the Export Control List even though these are not PIC Substances. The information obtained in the permit application is used to notify the Importing Party of the export and thereby ensure Canada’s compliance with Article 12 of the Rotterdam Convention.

 

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