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

6. Minamata convention

On May 14, 2016, the proposed Regulations Amending the Export of Substances on the Export Control List Regulations and the draft Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999 were published in Part I of the Canada Gazette.

The draft Order proposed the addition of “Mixtures that contain elemental mercury (CAS 7439-97-6) at a concentration of 95% or more by weight” to Part 2 of the Export Control List. This listing would make the export of these mixtures, including mercury of high purity, subject to the Regulations. It will also broaden Part 2 of the Export Control List by including a substance that is not listed in Annex III of the Rotterdam Convention.

The proposed amendments to the Regulations would add a new section to establish comprehensive restrictions on export of these mixtures. In line with the Minamata Convention, the export of these mixtures would continue to be allowed for the following purposes:

  1. Mercury that is, or is contained in, a hazardous waste or hazardous recyclable material regulated by Canada’s Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;
  2. Mercury-containing manufactured items; or
  3. Mercury to be used for laboratory-scale research and analysis or as a reference standard.

The regulatory amendments and the listing of these mixtures in the Export Control List will come into force following publication in the Canada Gazette, Part II.

 

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