Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations: SOR/2021-25

Canada Gazette, Part II, Volume 155, Number 6

Registration
SOR/2021-25 February 26, 2021

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
CANADA SHIPPING ACT, 2001
IMPACT ASSESSMENT ACT
ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT

P.C. 2021-93 February 26, 2021

Whereas, pursuant to subsection 332(1)footnote a of the Canadian Environmental Protection Act, 1999footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on December 15, 2018 a copy of the proposed Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of the Environment and the Minister of Health with respect to the provisions of the annexed Regulations other than section 82, and on the recommendation of the Minister of Transport with respect to that section 82, makes the annexed Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations pursuant to

TABLE OF PROVISIONS

Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

Interpretation

1 Definitions

2 Definition of hazardous waste

3 Waste considered hazardous for export

4 Definition of hazardous recyclable material

5 Recyclable material considered hazardous for export

PART 1

Import, Export and Transit

DIVISION 1

Import

Non-application

6 Non-application — Department of National Defence

Import Permit

7 Applicant

8 Form of application

9 Refusal to issue permit

10 Period of validity of permit

11 New application

12 Suspension of permit required

13 Revocation of permit

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Import

14 Conditions

Movement Document

15 Unit of measure

16 Part A

Confirmation of Disposal or Recycling

17 Confirmation

Record Retention

18 Permit holder

DIVISION 2

Export

Export Permit

19 Applicant

20 Form of application

21 Refusal to issue permit

22 Period of validity of permit

23 New application

24 Suspension of permit required

25 Revocation of permit

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Export

26 Conditions

Movement Document

27 Unit of measure

28 Part A

Confirmation of Disposal or Recycling

29 Confirmation

Record Retention

30 Permit holder

DIVISION 3

Export from and Import to Canada Following Transit Through a Foreign Country

Permit for Export from and Import to Canada Following Transit Through a Foreign Country

31 Applicant

32 Form of application

33 Refusal to issue permit

34 Period of validity of permit

35 New application

36 Suspension of permit required

37 Revocation of permit

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Export from and Import to Canada Following Transit Through a Foreign Country

38 Conditions

Movement Document

39 Unit of measure

40 Part A

Record Retention

41 Permit holder

DIVISION 4

Transit Through Canada

Permit for Transit Through Canada

42 Application

43 Refusal to issue permit

44 Period of validity of permit

45 New application

46 Suspension of permit required

47 Revocation of permit

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Transit Through Canada

48 Conditions

Movement Document

49 Unit of measure

50 Part A

Record Retention

51 Permit holder

DIVISION 5

Return to Canada

Permit for Return to Canada

52 When holder of export permit or permits must apply

53 Form of application

54 Refusal to issue permit

55 Period of validity of permit

56 New application

57 Suspension of permit required

58 Revocation of permit

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Return to Canada

59 Conditions

Movement Document

60 Unit of measure

61 Part A

Record Retention

62 Permit holder

DIVISION 6

Return to Foreign Country of Origin

Permit for Return to Foreign Country of Origin

63 When holder of import permit or permits must apply

64 Form of application

65 Refusal to issue permit

66 Period of validity of permit

67 New application

68 Suspension of permit required

69 Revocation of permit

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Return to Foreign Country of Origin

70 Conditions

Movement Document

71 Unit of measure

72 Part A

Record Retention

73 Permit holder

DIVISION 7

Liability Insurance

74 Non-application to the Crown

75 Amount of insurance — permit holder

76 Coverage

77 Period of coverage

DIVISION 8

Export Reduction Plans

78 Content of plan

PART 2

Movement Within Canada

Conditions Relating to Movement Within Canada

79 Conditions

Movement Document

80 Part A

Record Retention

81 Consignor

PART 3

Consequential Amendments, Transitional Provision, Repeals and Coming into Force

Consequential Amendments

82 Cargo, Fumigation and Tackle Regulations

83 PCB Regulations

84 Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

85 Export of Substances on the Export Control List Regulations

89 Environmental Violations Administrative Monetary Penalties Regulations

93 Physical Activities Regulations

Transitional Provision

94 Previous notices and permits

95 Repeals

Coming into Force

96 October 31, 2021

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

SCHEDULE 10

SCHEDULE 11

SCHEDULE 12

Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Act
means the Canadian Environmental Protection Act, 1999. (Loi)
authorized carrier
means, as the case may be,
  • (a) a carrier that, in accordance with the Canada Shipping Act, 2001 and the regulations under that Act, transports — or is to transport — hazardous waste or hazardous recyclable material by means of a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water; and
  • (b) a carrier that transports — or is to transport — hazardous waste or hazardous recyclable material in accordance with the requirements of the jurisdiction in which the waste or recyclable material is transported. (transporteur agréé)
authorized facility
means a facility that is authorized by the authorities of the jurisdiction in which it is located to dispose of hazardous waste by means of a disposal operation set out in column 2 of Part 1 of Schedule 1 or to recycle hazardous recyclable material by means of a recycling operation set out in column 2 of Part 2 of Schedule 1. (installation agréée)
Canada-USA Agreement
means the Agreement Between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste, which entered into force on November 8, 1986, as amended from time to time. (accord Canada  –  États-Unis)
CAS Registry Number
means the identification number assigned to a substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d'enregistrement CAS)
competent authority
means, in the case of a country that is a party to the Convention or is subject to OECD Decision C(2001)107/FINAL, the authority that is designated as the competent authority by that country under the Convention or under OECD Decision C(2001)107/FINAL, as the case may be, and, in the case of the United States, the United States Environmental Protection Agency. (autorité compétente)
consignee
means a person that receives or is to receive delivery from a consignor of a shipment that contains hazardous waste or hazardous recyclable material at a site that they own, operate or otherwise control. (destinataire)
consignor
means a person that, on their own behalf or on behalf of another person under an agreement or arrangement with that person, sends or is to send a shipment that contains hazardous waste or hazardous recyclable material from a site that is located in a province to a site that is located in another province and that is owned, operated or otherwise controlled by a consignee. (expéditeur)
contract
means a contract — or, if all of the parties are the same legal entity, an arrangement among those parties — that is in writing and is signed and, if parties are the same legal entity that is doing business in both Canada and another country, is signed by the representatives of that entity in both countries. (contrat)
Convention
means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which entered into force on May 5, 1992. (Convention)
environmentally hazardous constituent
means a constituent that is contained in a leachate and is set out in column 3 of Schedule 2 in a concentration that is determined to be equal to or greater than the concentration set out in column 4 of that Schedule in accordance with Method 1311: Toxicity Characteristic Leaching Procedure, as set out in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, Third Edition, published by the United States Environmental Protection Agency. (constituant dangereux pour l'environnement)
final disposal operation
means a disposal operation set out in column 2 of Part 1 of Schedule 1 that bears one of the disposal codes D1 to D12, DC1 and DC2 set out in column 1 of that Part. (opération finale d'élimination)
final recycling operation
means a recycling operation set out in column 2 of Part 2 of Schedule 1 that bears one of the recycling codes R1 to R11, RC1 and RC2 set out in column 1 of that Part. (opération finale de recyclage)
foreign exporter
means a person, including a government entity, in a foreign country that exports hazardous waste or hazardous recyclable material from that country for import into, or conveyance in transit through, Canada. (exportateur étranger)
foreign importer
means a person, including a government entity, in a foreign country that imports into that country hazardous waste or hazardous recyclable material that is exported from, or conveyed in transit through, Canada. (importateur étranger)
interim disposal operation
means a disposal operation set out in column 2 of Part 1 of Schedule 1 that bears one of the disposal codes D13 to D15 set out in column 1 of that Part. (opération préalable d'élimination)
interim recycling operation
means a recycling operation set out in column 2 of Part 2 of Schedule 1 that bears one of the recycling codes R12, R13 and RC3 set out in column 1 of that Part. (opération préalable de recyclage)
line entry
means
  • (a) in respect of a notification, an entry that appears on a separate numbered line in the notification with respect to a type of hazardous waste or hazardous recyclable material that is to be transported under the permit and that includes that line number and the information set out in subparagraphs 1(j)(i) to (iii), 2(j)(i) to (iii), 3(i)(i) to (iii), 4(i)(i) to (iii), 5(j)(i) to (iii) or 6(j)(i) to (iii) of Schedule 3, as the case may be;
  • (b) in respect of a movement document referred to in Part 1, an entry that appears on a separate numbered line in the movement document with respect to a type of hazardous waste or hazardous recyclable material that is to be transported under a permit and that includes that line number, the reference number of the notification for the permit and the line entry for that type of hazardous waste or hazardous recyclable material that is set out in the notification, with the exception of the information set out in clauses 1(j)(iii)(A), (F) and (L), 2(j)(iii)(A), (F) and (L), 3(i)(iii)(A), (F) and (L), 4(i)(iii)(A), (F) and (L), 5(j)(iii)(A), (E) and (K) or 6(j)(iii)(A), (E) and (K) of Schedule 3, as the case may be; and
  • (c) in respect of a movement document referred to in Part 2, an entry that appears on a separate numbered line in the movement document with respect to a type of hazardous waste or hazardous recyclable material that is to be shipped from a consignor to a site that is owned, operated or otherwise controlled by a consignee and that includes that line number and the information set out in paragraph 1(g) of Schedule 4. (ligne de renseignements)
movement document
means, with respect to a shipment of hazardous waste or hazardous recyclable material, a document that is referred to
  • (a) in sections 15 and 16, if the shipment is imported to Canada;
  • (b) in sections 27 and 28, if the shipment is exported from Canada;
  • (c) in sections 39 and 40, if the shipment is exported from Canada and is imported to Canada after it is conveyed in transit through a foreign country;
  • (d) in sections 49 and 50, if the shipment is conveyed in transit through Canada;
  • (e) in sections 60 and 61, if the hazardous waste or hazardous recyclable material is returned to Canada;
  • (f) in sections 71 and 72, if the hazardous waste or hazardous recyclable material is returned to a foreign country of origin; and
  • (g) in section 80, if the shipment is moved within Canada. (document de mouvement)
municipality
means an incorporated city, town, village, metropolitan authority, township, district, county or rural municipality in Canada. (municipalité)
notification
means a notification referred to in paragraph 185(1)(a) of the Act. (notification)
OECD Decision C(2001)107/FINAL
means Decision C(2001)107/FINAL of the Organization for Economic Co-operation and Development, entitled Decision of the Council Concerning the Revision of Decision C(92)39/FINAL on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, dated February 25, 2002. (décision C(2001)107/FINAL de l'OCDE)
PCB
means polychlorinated biphenyl. (BPC)
permit
means a permit referred to in paragraph 185(1)(b) of the Act. (permis)
persistent organic pollutant
means a substance set out in column 3 of Schedule 5 that is contained in hazardous waste or hazardous recyclable material, if the concentration is equal to or greater than the concentration set out in column 4 of that Schedule. (substance polluante organique persistante)
receiving facility
means the first authorized facility that receives or is to receive hazardous waste or hazardous recyclable material for disposal or recycling under a permit or permits, whether the disposal or recycling operation that is to be performed at that facility is interim or final. (installation de réception)
recyclable material
means anything that is to be recycled. (matière recyclable)
shipment
means cargo, in one or more containers or in bulk, that is transported as a unit without being separated at any time during the movement and that
  • (a) in the case of a return to Canada or to a foreign country of origin, is shipped to the facility from which it was originally shipped or to the facility identified in the permit for the return;
  • (b) in the case of a movement within Canada, is shipped by a consignor to a site that is located in another province and that is owned, operated or otherwise controlled by a consignee; and
  • (c) in any other case, is shipped by one person from one facility in the country of origin to a receiving facility in the country of destination. (envoi)
sign
includes to sign by means of an electronic signature that is generated using a technology or process that is approved by the Minister for the purposes of submitting information to the Minister online. (signature)
unique identification number
means a number assigned by a province or a country to identify a person, entity or facility. (numéro d'identification unique)
waste
means anything that is to be disposed of. (déchet)

Definition of hazardous waste

2 (1) For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous waste means anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1 and that

Exclusions

(2) Hazardous waste referred to in subsection (1) does not include anything

Waste considered hazardous for export

3 (1) Anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1, even if it is not hazardous waste within the meaning of subsection 2(1), is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and Divisions 1 to 4, 7 and 8 of Part 1 of these Regulations if it is to be exported to a country of destination or conveyed in transit through Canada or a foreign country and

Waste considered hazardous for return to foreign country of origin

(2) Anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1, even if it is not hazardous waste within the meaning of subsection 2(1), is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and Division 6 of Part 1 of these Regulations if it is to be conveyed in transit through a foreign country and it is defined as, or considered to be, hazardous under the legislation of that country.

Definition of hazardous recyclable material

4 (1) For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous recyclable material means anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1 and that

Exclusions — import, export and transit

(2) For the purposes of the provisions of Division 8 of Part 7 and Part 10 of the Act that relate to the import, export and conveyance in transit of hazardous recyclable material and for the purposes of Part 1 of these Regulations, hazardous recyclable material referred to in subsection (1) does not include anything

Exclusions — movement within Canada

(3) For the purposes of the provisions of Division 8 of Part 7 and Part 10 of the Act that relate to the movement of hazardous recyclable material within Canada and for the purposes of Part 2 of these Regulations, hazardous recyclable material referred to in subsection (1) does not include anything

Recyclable material considered hazardous for export

5 (1) Anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1, even if it is not hazardous recyclable material within the meaning of subsection 4(1), is considered to be hazardous recyclable material for the purposes of Division 8 of Part 7 and Part 10 of the Act and Divisions 1 to 5, 7 and 8 of Part 1 of these Regulations if it is to be exported to a country of destination or conveyed in transit through Canada or a foreign country and

Recyclable material considered hazardous for return to foreign country of origin

(2) Anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1, even if it is not hazardous recyclable material within the meaning of subsection 4(1), is considered to be hazardous recyclable material for the purposes of Division 8 of Part 7 and Part 10 of the Act and Division 6 of Part 1 of these Regulations if it is to be conveyed in transit through a foreign country and it is defined as, or considered to be, hazardous under the legislation of that country.

PART 1

Import, Export and Transit

DIVISION 1

Import

Non-application

Non-application — Department of National Defence

6 Paragraphs 8(4)(b) to (e) and sections 14 to 18 do not apply to the import of hazardous waste or hazardous recyclable material by the Department of National Defence if that hazardous waste or hazardous recyclable material is generated by the Department in the course of an operation conducted by it outside Canada and is transported from the site of the operation to a defence establishment, as defined in subsection 2(1) of the National Defence Act, in or on a means of transport

Import Permit

Applicant

7 A person may apply for a permit to import hazardous waste or hazardous recyclable material if

Form of application

8 (1) An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

Notification

(2) The notification

Types of hazardous waste or hazardous recyclable material

(3) The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 1(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

Information in notification

(4) The information set out in subparagraphs 1(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 1 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

Timing and manner of notification

(5) The notification must be made in the manner specified by the Minister

Refusal to issue permit

9 The Minister must refuse to issue a permit if

Period of validity of permit

10 A permit is valid for the period set out in it, which cannot be longer than

New application

11 If a permit needs to be amended the permit holder must apply for a new permit.

Suspension of permit required

12 (1) The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph.

Optional suspension of permit

(2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that

Notice

(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

Manner of notice

(4) The Minister notifies the permit holder when the Minister

Representations

(5) The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

Reinstatement of permit

(6) The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

Revocation of permit

13 (1) The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

Notice

(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

Manner of notice

(3) The Minister notifies the permit holder when the Minister

Representations

(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.

Date of revocation

(5) The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Import

Conditions

14 (1) For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the import of hazardous waste or hazardous recyclable material under one or more permits that are held by a permit holder are the following:

Delivery to receiving facility

(2) For the purposes of paragraphs (1)(p) to (r), delivery of a shipment to the receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

Necessary arrangements

(3) The necessary arrangements referred to in clauses (1)(u)(iii)(A) and (v)(iii)(A) must include a requirement that the authorized facility notify the permit holder in writing, within 30 days after the day on which the authorized facility completes a final disposal operation for a type of hazardous waste, or a final recycling operation for a type of hazardous recyclable material, that is recorded as a line entry in the movement document,

Manner of notice

(4) For the purposes of subparagraph (1)(v)(iii), the Minister notifies the permit holder when the Minister

Movement Document

Unit of measure

15 The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

Part A

16 (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

Part A to Minister and provincial authorities

(2) Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the receiving facility is located, if those authorities ask for it.

Part B

(3) Each authorized carrier that transports the shipment must complete Part B of the movement document — of which Part A was completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

Part C

(4) Immediately after the shipment is delivered to the receiving facility, Part C of the movement document — of which Part A was completed in accordance with subsection (1) — must be completed as follows:

Parts B and C to Minister and provincial authorities

(5) Within three working days after the day on which the shipment is delivered to the receiving facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the receiving facility is located, if those authorities ask for it.

Amendments to Part C

(6) Part C of the movement document may be amended only with respect to the quantities specified in it. The amendments must be made in the form and manner specified by the Minister and before the confirmation under subsection 17(1) is to be filed with the Minister.

Delivery to receiving facility

(7) For the purposes of subsections (4) and (5), delivery of a shipment to the receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

Confirmation of Disposal or Recycling

Confirmation

17 (1) Within 30 days after the day on which the disposal by means of an operation set out in column 2 of Part 1 of Schedule 1 of a type of hazardous waste, or the recycling by means of an operation set out in column 2 of Part 2 of Schedule 1 of a type of hazardous recyclable material, that is recorded as a line entry in a movement document is completed, the Minister must be provided with a confirmation, based on the written notice received by the permit holder from the authorized facility that performed the operation, that the operation was completed

Form and manner of confirmation

(2) The confirmation must be provided in the form and manner specified by the Minister.

Additional information in confirmation

(3) The confirmation

Record Retention

Permit holder

18 (1) The permit holder must keep the following documents that relate to hazardous waste or hazardous recyclable material that is transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

Authorized carrier

(2) Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

DIVISION 2
Export

Export Permit

Applicant

19 A person may apply for a permit to export hazardous waste or hazardous recyclable material if

Form of application

20 (1) An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

Notification

(2) The notification

Types of hazardous waste or hazardous recyclable material

(3) The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 2(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

Information in notification

(4) The information set out in subparagraphs 2(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 2 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

Timing and manner of notification

(5) The notification must be made in the manner specified by the Minister

Refusal to issue permit

21 The Minister must refuse to issue a permit if

Period of validity of permit

22 A permit is valid for the period set out in it, which cannot be longer than

New application

23 If a permit needs to be amended the permit holder must apply for a new permit.

Suspension of permit required

24 (1) The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph.

Optional suspension of permit

(2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that

Notice

(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

Manner of notice

(4) The Minister notifies the permit holder when the Minister

Representations

(5) The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

Reinstatement of permit

(6) The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

Revocation of permit

25 (1) The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

Notice

(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

Manner of notice

(3) The Minister notifies the permit holder when the Minister

Representations

(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.

Date of revocation

(5) The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Export

Conditions

26 (1) For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the export of hazardous waste or hazardous recyclable material under one or more permits that are held by a permit holder are the following:

Delivery to receiving facility

(2) For the purposes of paragraphs (1)(q) to (s), delivery of a shipment to the receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

Necessary arrangements

(3) The necessary arrangements referred to in clauses (1)(v)(iii)(A) and (w)(iii)(A) must include a requirement that the authorized facility notify the permit holder in writing, within 30 days after the day on which the authorized facility completes a final disposal operation for a type of hazardous waste, or a final recycling operation for a type of hazardous recyclable material, that is recorded as a line entry in the movement document,

Movement Document

Unit of measure

27 The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

Part A

28 (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

Part A to Minister and provincial authorities

(2) Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility is located, if those authorities ask for it.

Part B

(3) Each authorized carrier that transports the shipment must complete Part B of the movement document — with Part A completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

Part C

(4) Immediately after the shipment is delivered to the receiving facility, Part C of the movement document — with Part A completed in accordance with subsection (1) — must be completed as follows:

Parts B and C to Minister and provincial authorities

(5) Within three working days after the day on which the shipment is delivered to the receiving facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility from which the shipment was shipped is located, if those authorities ask for it.

Amendments to Part C

(6) Part C of the movement document may be amended only with respect to the quantities specified in it. The amendments must be made in the form and manner specified by the Minister and before the confirmation under subsection 29(1) is to be filed with the Minister.

Delivery to receiving facility

(7) For the purposes of subsections (4) and (5), delivery of a shipment to the receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

Confirmation of Disposal or Recycling

Confirmation

29 (1) Within 30 days after the day on which the disposal by means of an operation set out in column 2 of Part 1 of Schedule 1 of a type of hazardous waste, or the recycling by means of an operation set out in column 2 of Part 2 of Schedule 1 of a type of hazardous recyclable material, that is recorded as a line entry in a movement document is completed, the Minister must be provided with a confirmation, based on the written notice received by the permit holder from the authorized facility that performed the operation, that the operation was completed

Form and manner of confirmation

(2) The confirmation must be provided in the form and manner specified by the Minister.

Additional information in confirmation

(3) The confirmation

Record Retention

Permit holder

30 (1) The permit holder must keep the following documents that relate to hazardous waste or hazardous recyclable material that is transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

Authorized carrier

(2) Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

DIVISION 3
Export from and Import to Canada Following Transit Through a Foreign Country

Permit for Export from and Import to Canada Following Transit Through a Foreign Country

Applicant

31 A person may apply for a permit to export hazardous waste or hazardous recyclable material and to import it to Canada after it is conveyed in transit through a foreign country if

Form of application

32 (1) An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

Notification

(2) The notification

Types of hazardous waste or hazardous recyclable material

(3) The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 3(i)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

Information in notification

(4) The information set out in subparagraphs 3(i)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 3 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

Timing and manner of notification

(5) The notification must be made in the manner specified by the Minister

Refusal to issue permit

33 The Minister must refuse to issue a permit if

Period of validity of permit

34 A permit is valid for the period set out in it, which cannot be longer than

New application

35 If a permit needs to be amended the permit holder must apply for a new permit.

Suspension of permit required

36 (1) The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph.

Optional suspension of permit

(2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that

Notice

(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

Manner of notice

(4) The Minister notifies the permit holder when the Minister

Representations

(5) The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

Reinstatement of permit

(6) The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

Revocation of permit

37 (1) The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

Notice

(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

Manner of notice

(3) The Minister notifies the permit holder when the Minister

Representations

(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.

Date of revocation

(5) The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Export from and Import to Canada Following Transit Through a Foreign Country

Conditions

38 For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the export of hazardous waste or hazardous recyclable material and its import to Canada under one or more permits that are held by a permit holder after it is conveyed in transit through a foreign country are the following:

Movement Document

Unit of measure

39 The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

Part A

40 (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

Part A to Minister and provincial authorities

(2) Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister to the Minister and to the authorities of the provinces where the facility and the receiving facility are located, if those authorities ask for it.

Part B

(3) Each authorized carrier that transports the shipment must complete Part B of the movement document — with Part A completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

Part C

(4) Immediately after the shipment is delivered to the receiving facility, Part C of the movement document — with Part A completed in accordance with subsection (1) — must be completed as follows:

Parts B and C to Minister and provincial authorities

(5) Within three working days after the day on which the shipment is delivered to the receiving facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the provinces where the facility from which the shipment was shipped and the receiving facility are located, if those authorities ask for it.

Delivery to receiving facility

(6) For the purposes of subsections (4) and (5), delivery of a shipment to a receiving facility occurs when the shipment arrives at the receiving facility, regardless of whether or when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility.

Record Retention

Permit holder

41 (1) The permit holder must keep the following documents that relate to hazardous waste or hazardous recyclable material that is transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

Authorized carrier

(2) Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

DIVISION 4
Transit Through Canada

Permit for Transit Through Canada

Application

42 (1) An application for a permit to convey hazardous waste or hazardous recyclable material in transit through Canada may be made by any person and must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

Notification

(2) The notification

Types of hazardous waste or hazardous recyclable material

(3) The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 4(i)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

Information in notification

(4) The information set out in subparagraphs 4(i)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 4 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

Timing and manner of notification

(5) The notification must be made in the manner specified by the Minister

Refusal to issue permit

43 The Minister must refuse to issue a permit if the Minister has reasonable grounds to believe that

Period of validity of permit

44 A permit is valid for the period set out in it, which cannot be longer than

New application

45 If a permit needs to be amended the permit holder must apply for a new permit.

Suspension of permit required

46 (1) The Minister must suspend a permit when, or at any time after, a shipment enters Canada under the permit if

Optional suspension of permit

(2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that

Notice

(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

Manner of notice

(4) The Minister notifies the permit holder when the Minister

Representations

(5) The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

Reinstatement of permit

(6) The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

Revocation of permit

47 (1) The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension or if the permit holder requests the revocation.

Notice

(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

Manner of notice

(3) The Minister notifies the permit holder when the Minister

Representations

(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.

Date of revocation

(5) The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Transit Through Canada

Conditions

48 For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the conveyance of hazardous waste or hazardous recyclable material in transit through Canada under one or more permits that are held by a permit holder are the following:

Movement Document

Unit of measure

49 The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

Part A

50 (1) Before a shipment that contains hazardous waste or hazardous recyclable material enters Canada under one or more permits, Part A of the movement document must be completed as follows:

Part B

(2) Each authorized carrier that transports the shipment in Canada must complete Part B of the movement document — with Part A completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

Parts A and B to Minister

(3) Each authorized carrier that transports the shipment in Canada must provide the movement document — of which Parts A and B are completed in accordance with subsection (1) and (2) — to the Minister, in the form and manner specified by the Minister, within three working days after the shipment leaves Canada.

Record Retention

Permit holder

51 (1) A permit holder that has a place of business in Canada must keep all documents that relate to hazardous waste or hazardous recyclable material transported under one or more permits and that are necessary to demonstrate their compliance with this Division at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires.

Authorized carrier

(2) Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported in Canada under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

DIVISION 5
Return to Canada

Permit for Return to Canada

When holder of export permit or permits must apply

52 (1) In the circumstances set out in clauses 26(1)(v)(iii)(B) and (w)(iii)(B), the holder of the export permit or permits must apply for an import permit to return to Canada hazardous waste or hazardous recyclable material that was exported from Canada.

Other cases

(2) In any other case, a person in Canada may apply for an import permit to return to Canada hazardous waste or hazardous recyclable material that was exported from Canada.

Form of application

53 (1) An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

Notification

(2) The notification

Types of hazardous waste or hazardous recyclable material

(3) The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 5(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

Information in notification

(4) The information set out in subparagraphs 5(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 5 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

Manner of notification

(5) The notification must be made in the manner specified by the Minister.

Refusal to issue permit

54 The Minister must refuse to issue a permit if

Period of validity of permit

55 A permit is valid for the period set out in it, which cannot be longer than 12 months after the day on which it is issued.

New application

56 If a permit needs to be amended the permit holder must apply for a new permit.

Suspension of permit required

57 (1) The Minister must suspend a permit if an authority of a country of transit withdraws an authorization referred to in subparagraph 185(1)(b)(i) of the Act.

Optional suspension of permit

(2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that

Notice

(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

Manner of notice

(4) The Minister notifies the permit holder when the Minister

Representations

(5) The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

Reinstatement of permit

(6) The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

Revocation of permit

58 (1) The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension.

Notice

(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

Manner of notice

(3) The Minister notifies the permit holder when the Minister

Representations

(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.

Date of revocation

(5) The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Return to Canada

Conditions

59 For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the return of hazardous waste or hazardous recyclable material to Canada under one or more permits that are held by a permit holder are the following:

Movement Document

Unit of measure

60 The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

Part A

61 (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

Part A to Minister and provincial authorities

(2) Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility to which the shipment is to be delivered is located, if those authorities ask for it.

Part B

(3) Each authorized carrier that transports the shipment must complete Part B of the movement document — with Part A completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

Part C

(4) Immediately after the shipment is delivered to the facility to which the shipment is shipped under the permit or permits, Part C of the movement document — with Part A completed in accordance with subsection (1) — must be completed as follows:

Parts B and C to Minister and provincial authorities

(5) Within three working days after the day on which the shipment is delivered to the facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility is located, if those authorities ask for it.

Amendments to Part C

(6) Part C of the movement document may be amended only with respect to the quantities specified in it. The amendments must be made in the form and manner specified by the Minister and within 180 days after the day on which the shipment is delivered to the facility.

Delivery to facility

(7) For the purposes of subsections (4) to (6), delivery of a shipment to a facility occurs when the shipment arrives at the facility, regardless of when the facility acknowledges receipt of the shipment.

Record Retention

Permit holder

62 (1) The permit holder must keep all documents that relate to hazardous waste or hazardous recyclable material transported under one or more permits and that are necessary to demonstrate their compliance with this Division at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires.

Authorized carrier

(2) Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

DIVISION 6
Return to Foreign Country of Origin

Permit for Return to Foreign Country of Origin

When holder of import permit or permits must apply

63 (1) In the circumstances set out in clauses 14(1)(u)(iii)(B) and (v)(iii)(B), the holder of the import permit or permits must apply for an export permit to return to the country of origin hazardous waste or hazardous recyclable material that was imported to Canada.

Other cases

(2) In any other case, a person in Canada may apply for an export permit to return to the country of origin hazardous waste or hazardous recyclable material that was imported to Canada.

Form of application

64 (1) An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed.

Notification

(2) The notification

Types of hazardous waste or hazardous recyclable material

(3) The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 6(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification.

Information in notification

(4) The information set out in subparagraphs 6(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 6 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that

Manner of notification

(5) The notification must be made in the manner specified by the Minister.

Refusal to issue permit

65 The Minister must refuse to issue a permit if

Period of validity of permit

66 A permit is valid for the period set out in it, which cannot be longer than 12 months after the day on which it is issued.

New application

67 If a permit needs to be amended the permit holder must apply for a new permit.

Suspension of permit required

68 (1) The Minister must suspend a permit if an authority of a country of transit withdraws an authorization referred to in subparagraph 185(1)(b)(i) of the Act.

Optional suspension of permit

(2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that

Notice

(3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies.

Manner of notice

(4) The Minister notifies the permit holder when the Minister

Representations

(5) The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension.

Reinstatement of permit

(6) The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.

Revocation of permit

69 (1) The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension.

Notice

(2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it.

Manner of notice

(3) The Minister notifies the permit holder when the Minister

Representations

(4) The permit holder may make written representations to the Minister as to why the permit should not be revoked.

Date of revocation

(5) The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.

Conditions Under Paragraph 185(1)(c) of the Act
Conditions Relating to Return to Foreign Country of Origin

Conditions

70 For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the return of hazardous waste or hazardous recyclable material to the country of origin under one or more permits that are held by a permit holder are the following:

Movement Document

Unit of measure

71 The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.

Part A

72 (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped from a facility under one or more permits, Part A of the movement document must be completed as follows:

Part A to Minister and provincial authorities

(2) Within three working days after the day on which the shipment is shipped from the facility, Part A of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility is located, if those authorities ask for it.

Part B

(3) Each authorized carrier that transports the shipment must complete Part B of the movement document — with Part A completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B.

Part C

(4) Immediately after the shipment is delivered to the facility to which the shipment is shipped under the permit or permits, Part C of the movement document — with Part A completed in accordance with subsection (1) — must be completed as follows:

Parts B and C to Minister and provincial authorities

(5) Within three working days after the day on which the shipment is delivered to the facility, Part B of the movement document completed by each authorized carrier and Part C of the movement document must be provided, in the form and manner specified by the Minister, to the Minister and to the authorities of the province where the facility from which the shipment was shipped is located, if those authorities ask for it.

Amendments to Part C

(6) Part C of the movement document may be amended only with respect to the quantities specified in it. The amendments must be made in the form and manner specified by the Minister and within 180 days after the day on which the shipment is delivered to the facility.

Delivery to facility

(7) For the purposes of subsections (4) to (6), delivery of a shipment to a facility occurs when the shipment arrives at the facility, regardless of when the facility acknowledges receipt of the shipment.

Record Retention

Permit holder

73 (1) The permit holder must keep all documents that relate to hazardous waste or hazardous recyclable material transported under one or more permits and that are necessary to demonstrate their compliance with this Division at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires.

Authorized carrier

(2) Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires:

DIVISION 7
Liability Insurance

Non-application to the Crown

74 This Division does not apply to Her Majesty in right of Canada or a province.

Amount of insurance — permit holder

75 (1) The amount of liability insurance to be held by a permit holder referred to in any of Divisions 1 to 3, 5 and 6 of this Part is

Amount of insurance — authorized carrier

(2) The amount of liability insurance to be held by an authorized carrier that transports a shipment that contains hazardous waste or hazardous recyclable material in Canada is the amount required under federal or provincial legislation that applies to it in respect of the transport of that shipment.

Coverage

76 The liability insurance to be held by a permit holder must be in respect of

Period of coverage

77 The insurance must cover liability that arises

DIVISION 8
Export Reduction Plans

Content of plan

78 (1) The plan referred to in subsection 188(1) of the Act must contain

Retention of plan

(2) A person who submits a plan to the Minister must keep a copy of the plan at their principal place of business in Canada for a period of five years after the day on which the last stage of the plan is completed.

PART 2
Movement Within Canada

Conditions Relating to Movement Within Canada

Conditions

79 For the purposes of subsection 189(1) of the Act, the movement by a person of hazardous waste or hazardous recyclable material within Canada is subject to the following conditions:

Movement Document

Part A

80 (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped by a consignor, the consignor must ensure that Part A of the movement document is completed as follows:

Part A to provincial authorities

(2) Within three working days after the day on which the shipment is shipped, the consignor must ensure that Part A of the movement document is provided, in the form and manner specified by the Minister, to the authorities of the provinces from which the shipment is shipped and to which it is or is to be delivered, if those authorities ask for it.

Part B

(3) Each authorized carrier must

Part C

(4) Within three working days after the day on which the shipment is delivered to the site, the consignee must ensure that

Parts B and C — provincial authorities

(5) The consignee must ensure that Part B completed by each authorized carrier and Part C of the movement document are provided to the authorities of the provinces from which the shipment is shipped and to which it is delivered, if those authorities ask for it.

Delivery to site

(6) For the purposes of subsection (4), delivery of a shipment to the site occurs when the shipment arrives at the site, regardless of when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the consignee.

Record Retention

Consignor

81 (1) The consignor must keep all documents that are necessary to demonstrate their compliance with this Part at their principal place of business in Canada for a period of five years after the day on which the shipment is shipped.

Consignee

(2) The consignee must keep all documents that are necessary to demonstrate their compliance with this Part at their principal place of business in Canada for a period of five years after the day on which the shipment is delivered to the site.

Authorized carrier

(3) Each authorized carrier must keep all documents that are necessary to demonstrate that the movement of the shipment complies with this Part at their principal place of business in Canada for a period of five years after the day on which they took possession of the shipment.

Delivery to site

(4) For the purposes of subsection (2), delivery of a shipment to the site occurs when the shipment arrives at the site, regardless of when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the consignee.

PART 3

Consequential Amendments, Transitional Provision, Repeals and Coming into Force

Consequential Amendments

Cargo, Fumigation and Tackle Regulations

82 Section 164 of the Cargo, Fumigation and Tackle Regulationsfootnote 1 and the heading before it are replaced by the following:

Movement Document or Manifest

164 If the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations or the laws of a province in respect of the movement of waste or recyclable material require that a movement document or manifest be on board a vessel, its master shall ensure that the movement document or manifest is kept on board and is available for inspection.

PCB Regulations

83 Paragraph 2(2)(a) of the PCB Regulationsfootnote 2 is replaced by the following:

Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

84 Item 9 of the schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)footnote 3 is repealed.

Export of Substances on the Export Control List Regulations

85 Subsection 6(3) of the Export of Substances on the Export Control List Regulationsfootnote 4 is replaced by the following:

Non-application

(3) Subsection (2) does not apply to a persistent organic pollutant that is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations.

86 Paragraph 7(2)(b) of the Regulations is replaced by the following:

87 Paragraph 23(a) of the Regulations is replaced by the following:

88 Paragraph 3(f) of Schedule 1 to the Regulations is replaced by the following:

Environmental Violations Administrative Monetary Penalties Regulations

89 Division 1 of Part 5 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulationsfootnote 5 is amended by adding the following after item 55:

Item

Column 1

Provision

Column 2

Violation Type
55.1 185(1)(c)
(a) for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations:
  • (i) 14(1)(g) and (h)
  • (ii) 14(1)(i)(i) to (v)
  • (iii) 14(1)(j)(i) to (vi)
  • (iv) 14(1)(k) to (o)
  • (v) 14(1)(s) and (t)
  • (vi) 14(1)(u)(i)
  • (vii) 14(1)(v)(i)
  • (viii) 26(1)(h) and (i)
  • (ix) 26(1)(j)(i) to (v)
  • (x) 26(1)(k)(i) to (vi)
  • (xi) 26(1)(l) to (p)
  • (xii) 26(1)(t) and (u)
  • (xiii) 26(1)(v)(i)
  • (xiv) 26(1)(w)(i)
  • (xv) 38(c) to (h)
  • (xvi) 48(d) to (i)
  • (xvii) 59(c) to (f)
  • (xviii) 59(h)
  • (xix) 70(c) to (f)
  • (xx) 70(h)
 A
(b) for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations:
  • (i) 14(1)(a) to (f)
  • (ii) 14(1)(p) to (r)
  • (iii) 14(1)(u)(ii) to (v)
  • (iv) 14(1)(v)(ii) to (v)
  • (v) 26(1)(a) to (g)
  • (vi) 26(1)(q) to (s)
  • (vii) 26(1)(v)(ii) to (v)
  • (viii) 26(1)(w)(ii) to (v)
  • (ix) 38(a)
  • (x) 38(b)(i) and (ii)
  • (xi) 48(a) to (c)
  • (xii) 59(a) and (b)
  • (xiii) 59(g)
  • (xiv) 70(a) and (b)
  • (xv) 70(g)
 B
90 Item 58 of Division 1 of Part 5 of Schedule 1 to the Regulations is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
58 189(1)
(a) for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations:
  • (i) 79(b) and (c)
  • (ii) 79(e) and (f)
 A
(b) for contravention of a condition that is prescribed in any of the following provisions of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations:
  • (i) 79(a)
  • (ii) 79(d)
 B
(c) for a contravention other than those referred to in paragraphs (a) and (b) B

91 Division 7 of Part 5 of Schedule 1 to the Regulations is repealed.

92 Division 12 of Part 5 of Schedule 1 to the Regulations is replaced by the following:

DIVISION 12

Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations
Item

Column 1

Provision

Column 2

Violation Type
1 78(2) A
Physical Activities Regulations

93 The definition hazardous waste in subsection 1(1) of the Physical Activities Regulationsfootnote 6 is replaced by the following:

hazardous waste
has the meaning assigned by paragraphs 1(a) to (e) of the definitions hazardous waste and hazardous recyclable material in sections 2 and 4, respectively, of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, but does not include nuclear substances, domestic waste water or anything collected from households in the course of regular municipal waste collection services. (déchets dangereux)

Transitional Provision

Previous notices and permits

94 If a notice is submitted to the Minister as an application for a permit under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, or a permit is issued in connection with such a notice, those Regulations, as they read immediately before the coming into force of these Regulations, apply to the notice or the permit and to the movement, and the disposal or recycling, of hazardous waste or hazardous recyclable material under the permit.

Repeals

95 The following Regulations are repealed:

Coming into Force

October 31, 2021

96 These Regulations come into force on October 31, 2021.

SCHEDULE 1

(Section 1, subsections 2(1), 3(1) and (2), and 4(1), subparagraphs 4(2)(g)(ii) and (3)(g)(ii), (h)(iv) and (i)(ii), subsections 5(1) and (2), subparagraphs 14(1)(i)(iii) and (j)(iii), paragraph 14(1)(s), clauses 14(1)(u)(iii)(A) and (v)(iii)(A), subsection 17(1), paragraph 17(3)(a), subparagraphs 26(1)(j)(iii) and (k)(iii), paragraph 26(1)(t), clauses 26(1)(v)(iii)(A) and (w)(iii)(a), subsection 29(1), paragraph 29(3)(a), clause 78(1)(a)(iii)(B) and Schedule 3)

PART 1
Disposal Operations
Item

Column 1

Disposal Code

Column 2

Operation
1 D1 Release into or onto land, other than by an operation that bears any of the disposal codes D3 to D5 and D12.
2 D2 Land treatment, such as biodegradation of liquids or sludges in soil.
3 D3 Deep injection, such as injection into wells, salt domes, mines or naturally occurring repositories.
4 D4 Surface impoundment, such as placing liquids or sludges into pits, ponds or lagoons.
5 D5 Specially engineered landfilling, such as placement into separate lined cells that are isolated from each other and the environment.
6 D6 Release into water, other than a sea or ocean, other than by an operation that bears the disposal code D4.
7 D7 Release into a sea or ocean, including sea-bed insertion, other than by an operation that bears the disposal code D4.
8 D8 Biological treatment, not otherwise set out in this Schedule.
9 D9 Physical or chemical treatment, not otherwise set out in this Schedule, such as calcination, neutralization or precipitation.
10 D10 Incineration or thermal treatment on land.
11 D11 Incineration or thermal treatment at sea.
12 D12 Permanent storage.
13 D13 Interim blending or mixing, before an operation that bears any of the disposal codes D1 to D12.
14 D14 Interim repackaging, before an operation that bears any of the disposal codes D1 to D12.
15 D15 Interim storage, before an operation that bears any of the disposal codes D1 to D12.
16 DC1 Release, including the venting of compressed or liquified gases, or treatment, other than by an operation that bears any of the disposal codes D1 to D12.
17 DC2 Testing of a new disposal technology.
PART 2
Recycling Operations
Item

Column 1

Recycling Code

Column 2

Operation
1 R1 Use as a fuel in an energy recovery system when the net heating value of the recyclable material is at least 12 780 kJ/kg.
2 R2 Recovery or regeneration of substances that have been used as solvents.
3 R3 Recovery of organic substances that have not been used as solvents.
4 R4 Recovery of metals and metal compounds.
5 R5 Recovery of inorganic material other than metals or metal compounds.
6 R6 Regeneration of acids or bases.
7 R7 Recovery of components used for pollution abatement.
8 R8 Recovery of components from catalysts.
9 R9 Re-refining or re-use of used oil, other than by an operation that bears the recycling code R1.
10 R10 Land treatment resulting in agricultural or ecological improvement.
11 R11 Use of residual material obtained by an operation that bears any of the recycling codes R1 to R10 and RC1.
12 R12 Interim exchange of a recyclable material for another recyclable material before recycling by an operation that bears any of the recycling codes R1 to R11 and RC1.
13 R13 Interim accumulation before recycling by an operation that bears any of the recycling codes R1 to R11 and RC1.
14 RC1 Recovery or regeneration of a substance, other than by an operation that bears any of the recycling codes R1 to R10.
15 RC2 Testing of a new recycling technology.
16 RC3 Interim storage before an operation that bears any of the recycling codes R1 to R11 and RC1.

SCHEDULE 2

(Section 1, paragraphs 2(1)(d) and 4(1)(d), clause 78(1)(a)(iii)(J) and Schedules 3 and 4)

Environmentally Hazardous Constituents
Item

Column 1

Code

Column 2

CAS Registry Number table d6 note a

Column 3

Hazardous Constituents

Column 4

Concentration (mg/L)
1 L1 93-72-1

2,4,5-TP;

2-(2,4,5-Trichlorophenoxy)propionic acid;

Silvex

 1.00
2 L2 94-75-7

2,4-D;

2,4-Dichlorophenoxyacetic acid

 10.000
3 L3 309-00-2;

Aldrin + Dieldrin

60-57-1

 0.070
4 L4 7440-38-2 Arsenic 2.500
5 L5 7440-39-3 Barium 100.000
6 L6 7440-42-8 Boron 500.000
7 L7 7440-43-9 Cadmium 0.500
8 L8 63-25-2

1-Naphthyl N-methylcarbamate;

Carbaryl;

Sevin

 9.000
9 L9 57-74-9 Chlordane 0.700
10 L10 7440-47-3 Chromium 5.000
11 L11 57-12-5 Cyanide 20.000
12 L12 50-29-3 DDT 3.000
13 L13 333-41-5

Diazinon;

Phosphordithioic acid, O,O-diethyl O-(2 -isopropyl-6-methyl-4 -pyrimidinyl) ester

 2.000
14 L14 72-20-8 Endrin 0.02
15 L15 16984-48-8 Fluoride 150.00
16 L16 76-44-8;

Heptachlor + Heptachlor epoxide

1024-57-3

 0.30
17 L17 7439-92-1 Lead 5.00
18 L18 58-89-9 Lindane 0.40
19 L19 7439-97-6 Mercury 0.10
20 L20 72-43-5

1,1,1-Trichloro-2,2-bis(p-methoxyphenyl)ethane;

Methoxychlor

 90.00
21 L21 298-00-0 Methyl parathion 0.70
22 L22 14797-55-8;

Nitrate + Nitrite

14797-65-0

 1000.000
23 L23 139-13-9

Nitrilotriacetic acid;

NTA

 40.00
24 L24 14797-65-0 Nitrite 320.00
25 L26 56-38-2 Parathion 5.00
26 L27 7782-49-2 Selenium 1.00
27 L29 8001-35-2 Toxaphene 0.50
28 L30 NA Trihalomethanes — Total 10.00
29 L31 7440-61-1 Uranium 10.00
30 L32 116-06-3 Aldicarb 0.900
31 L33 1912-24-9 table d6 note b Atrazine + N dealkylated-metabolites 0.500
32 L34 86-50-0 Azinphos-methyl 2.000
33 L35 22781-23-3 Bendiocarb 4.000
34 L36 71-43-2 Benzene 0.500
35 L37 50-32-8 Benzo[a]pyrene 0.001
36 L38 1689-84-5 Bromoxynil 0.500
37 L39 1563-66-2 Carbofuran 9.000
38 L40 56-23-5

Carbon tetrachloride;

Tetrachloromethane

 0.5000
39 L41 10599-90-3 Chloramine 300.000
40 L42 108-90-7

Chlorobenzene;

Monochlorobenzene

 8.000
41 L43 67-66-3 Chloroform 10.000
42 L44 2921-88-2 Chlorpyrifos 9.000
43 L45 1319-77-3 Cresol (Mixture — total of all isomers, when isomers cannot be differentiated) 200.000
44 L46 108-39-4 m-Cresol 200.000
45 L47 95-48-7 o-Cresol 200.000
46 L48 106-44-5 p-Cresol 200.000
47 L49 21725-46-2 Cyanazine 1.000
48 L50 120-83-2

2,4-DCP;

2,4-Dichlorophenol

 90.000
49 L51 1918-00-9 Dicamba 12.000
50 L52 95-50-1

1,2-Dichlorobenzene;

o-Dichlorobenzene

 20.00
51 L53 106-46-7

1,4-Dichlorobenzene;

p-Dichlorobenzene

 0.50
52 L54 107-06-2

1,2-Dichloroethane;

Ethylene dichloride

 5.0
53 L55 75-35-4

1,1-Dichloroethylene;

Vinylidene chloride

 1.40
54 L56 75-09-2

Dichloromethane;

Methylene chloride

 5.00
55 L57 51338-27-3 Diclofop-methyl 0.90
56 L58 60-51-5 Dimethoate 2.00
57 L59 121-14-2 2,4-Dinitrotoluene 0.13
58 L60 88-85-7 Dinoseb 1.00
59 L70 2764-72-9 Diquat 7.00
60 L71 330-54-1 Diuron 15.00
61 L72 1071-83-6 Glyphosate 28.00
62 L73 118-74-1 Hexachlorobenzene 0.13
63 L74 87-68-3 Hexachlorobutadiene 0.50
64 L75 67-72-1 Hexachloroethane 3.00
65 L76 121-75-5 Malathion 19.00
66 L77 78-93-3

Ethyl, methyl ketone;

Methylethyl ketone

 200.00
67 L79 51218-45-2 Metolachlor 5.00
68 L80 21087-64-9 Metribuzin 8.00
69 L81 14797-55-8 Nitrate 4500.00
70 L82 98-95-3 Nitrobenzene 2.00
71 L83 1910-42-5 Paraquat 1.00
72 L84 87-86-5 Pentachlorophenol 6.00
73 L85 298-02-2 Phorate 0.20
74 L86 1918-02-1 Picloram 19.00
75 L87 110-86-1 Pyridine 5.00
76 L88 122-34-9 Simazine 1.00
77 L89 93-76-5

2,4,5-T;

2,4,5-Trichlorophenoxyacetic acid

 28.00
78 L90 3383-96-8 Temefos 28.00
79 L91 13071-79-9 Terbufos 0.10
80 L92 127-18-4 Tetrachloroethylene 3.00
81 L93 58-90-2

2,3,4,6-Tetrachlorophenol;

2,3,4,6-TeCP

 10.00
82 L94 2303-17-5 Triallate 23.00
83 L95 79-01-6 Trichloroethylene 5.00
84 L96 95-95-4

2,4,5-TCP;

2,4,5-Trichlorophenol

 400.00
85 L97 88-06-2

2,4,6-TCP;

2,4,6-Trichlorophenol

 0.50
86 L98 1582-09-8 Trifluralin 4.50
87 L99 75-01-4 Vinyl chloride 0.20
88 L100 NA table d6 note c Polychlorinated dibenzo dioxins and furans 0.0000015 TEQ

Table d6 note(s)

Table d6 note a

CAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.

Return to table d6 note a referrer

Table d6 note b

CAS numbers are provided for parent or main compound only.

Return to table d6 note b referrer

Table d6 note c

Mixture of isomers.

Return to table d6 note c referrer

SCHEDULE 3

(Section 1, subsections 8(3) and (4), paragraph 16(1)(b), subsections 20(3) and (4), paragraph 28(1)(b), subsections 32(3) and (4), paragraph 40(1)(b), subsections 42(3) and (4) and 53(3) and (4), paragraph 61(1)(b), subsections 64(3) and (4) and paragraph 72(1)(b))

Notification for Import, Export and Transit Permits — Information Required

1 The following information is required in a notification for an import permit:

2 The following information is required in a notification for an export permit:

3 The following information is required in a notification for a permit to export hazardous waste or hazardous recyclable material and to import it to Canada after it is conveyed in transit through a foreign country:

4 The following information is required in a notification for a permit to convey hazardous waste or hazardous recyclable material in transit through Canada:

5 The following information is required in a notification for an import permit to return hazardous waste or hazardous recyclable material to Canada:

6 The following information is required in a notification for an export permit to return hazardous waste or hazardous recyclable material to a foreign country of origin:

SCHEDULE 4

(Section 1 and paragraphs 80(1)(a), (c) and (d), (3)(a) and (4)(a))

Movement Document for Movement Within Canada — Information Required

1 The following information is required before a shipment is shipped from a consignor to a site that is owned, operated or otherwise controlled by a consignee:

2 The following information is required from an authorized carrier:

3 The following information is required after the shipment is delivered:

SCHEDULE 5

(Section 1, clause 78(1)(a)(iii)(K) and Schedules 3 and 4)

Persistent Organic Pollutants
Item

Column 1

Code

Column 2

CAS Registry Number table e1 note a

Column 3

Persistent Organic Pollutant

Column 4

Concentration
1 POP1 309-00-2 Aldrin 50 mg/kg
2 POP2 57-74-9 Chlordane 50 mg/kg
3 POP3 60-57-1 Dieldrin 50 mg/kg
4 POP4 72-20-8 Endrin 50 mg/kg
5 POP5 76-44-8 Heptachlor 50 mg/kg
6 POP6 118-74-1 Hexachlorobenzene 50 mg/kg
7 POP7 2385-85-5 Mirex 50 mg/kg
8 POP8 8001-35-2 Toxaphene 50 mg/kg
9 POP9 1336-36-3

PCB;

Polychlorinated Biphenyls

 50 mg/kg
10 POP10 50-29-3

1,1,1-Trichloro-2,2-bis(4-chlorophenyl)ethane;

DDT

 50 mg/kg
11 POP11 NA table e1 note b

PCDD;

Polychlorinated dibenzo-p-dioxins

 15 µg TEQ/kg
12 POP12 NA table e1 note b

PCDF;

Polychlorinated dibenzofurans

 15 µg TEQ/kg

Table e1 note(s)

Table e1 note a

CAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.

Return to table e1 note a referrer

Table e1 note b

Mixture of isomers.

Return to table e1 note b referrer

SCHEDULE 6

(Paragraphs 2(1)(a), 4(1)(a), 14(1)(e) and 26(1)(f), clause 78(1)(a)(iii)(I) and Schedules 3 and 4)

Hazardous Waste and Hazardous Recyclable Material
Item

Column 1

Code

Column 2

Description of Hazardous Waste and Hazardous Recyclable Material
1 HAZ1

(1) Biomedical waste — the following waste, other than that set out in subitem (2) or that generated from building maintenance, office administration or food preparation and consumption, that is generated by human or animal health care establishments, medical, health care or veterinary teaching or research establishments, clinical laboratories or facilities that test or produce vaccines, and needle and syringe exchange programs:

  • (a) human tissues, organs or body parts, excluding teeth, hair or nails;
  • (b) human blood or blood products;
  • (c) human bodily fluids that are contaminated with blood;
  • (d) human bodily fluids that are removed in the course of autopsy, treatment, or surgery for diagnosis;
  • (e) animal tissues, organs, body parts or carcasses, excluding teeth, nails, hair, bristles, feathers, horns and hooves, that result from the treatment of an animal for contamination or suspected contamination with an infectious substance that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;
  • (f) animal blood or blood products that result from the treatment of an animal for contamination or suspected contamination with an infectious substance that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;
  • (g) animal bodily fluids that are visibly contaminated with animal blood and that result from the treatment of an animal for contamination or suspected contamination with an infectious substance that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;
  • (h) animal bodily fluids that are removed in the course of surgery, treatment or necropsy, and that result from the treatment of an animal for contamination or suspected contamination with an infectious substance that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations;
  • (i) live or attenuated vaccines, human or animal cell cultures, microbiology laboratory cultures, stocks or specimens of microorganisms and any items that have come into contact with them;
  • (j) any items that are saturated with the blood or bodily fluids referred to in paragraphs (b) to (d) or (f) to (h), including items that were saturated but have dried; and
  • (k) cytotoxic drugs and any items, including tissues, tubing, needles or gloves, that have come into contact with a cytotoxic drug.

(2) Biomedical waste does not include the following:

  • (a) urine or feces;
  • (b) waste that is controlled under the Health of Animals Act; or
  • (c) waste that results from the breeding or raising of animals.
2 HAZ2

Used lubricating oils in quantities of 500 L or more, from internal combustion engines or gear boxes, transmissions, transformers, hydraulic systems or other equipment associated with such engines.
3 HAZ3

Used oil filters containing more than 6% of oil by mass.
4

HAZ4

Cyanide, or substances containing cyanide, in a concentration equal to or greater than 100 mg/kg.
5 HAZ5

Waste that contains more than 2 mg/kg of polychlorinated terphenyls or polybrominated biphenyls as those substances are described in Schedule 1 to the Act.
6 HAZ6

(1) Waste that contains, in a concentration of more than 100 ng/kg of 2,3,7,8-tetrachlorodibenzo-p-dioxin equivalent, calculated in accordance with subitem (2),

  • (a) total polychlorinated dibenzofurans that have a molecular formula C12H8-nClnO in which "n" is greater than 1; or
  • (b) total polychlorinated dibenzo-p-dioxins that have a molecular formula C12H8-nClnO2 in which "n" is greater than 1.

(2) The concentration is calculated in accordance with "International Toxicity Equivalency Factor (I-TEF) Method of Risk Assessment for Complex Mixtures of Dioxins and Related Compounds", Pilot Study on International Information Exchange on Dioxins and Related Compounds, Committee on the Challenges of Modern Society, North Atlantic Treaty Organization, Report Number 176, August 1988, as amended from time to time, using the following factors:
  • (a) 2,3,7,8-tetrachlorodibenzodioxin

1.0
  • (b) 1,2,3,7,8-pentachlorodibenzodioxin

0.5
  • (c) 1,2,3,4,7,8-hexachlorodibenzodioxin

0.1
  • (d) 1,2,3,7,8,9-hexachlorodibenzodioxin

0.1
  • (e) 1,2,3,6,7,8-hexachlorodibenzodioxin

0.1
  • (f) 1,2,3,4,6,7,8-heptachlorodibenzodioxin

0.01
  • (g) octachlorodibenzodioxin

0.001
  • (h) 2,3,7,8-tetrachlorodibenzofuran

0.1
  • (i) 2,3,4,7,8-pentachlorodibenzofuran

0.5
  • (j) 1,2,3,7,8-pentachlorodibenzofuran

0.05
  • (k) 1,2,3,4,7,8-hexachlorodibenzofuran

0.1
  • (l) 1,2,3,7,8,9-hexachlorodibenzofuran

0.1
  • (m) 1,2,3,6,7,8-hexachlorodibenzofuran

0.1
  • (n) 2,3,4,6,7,8-hexachlorodibenzofuran

0.1
  • (o) 1,2,3,4,6,7,8-heptachlorodibenzofuran

0.01
  • (p) 1,2,3,4,7,8,9-heptachlorodibenzofuran

0.01
  • (q) octachlorodibenzofuran

0.001
7 HAZ7

Circuit boards and display devices and any equipment that contains them.
8 HAZ8

Non-rechargeable and rechargeable cells and batteries.

SCHEDULE 7

(Paragraphs 2(1)(c) and 4(1)(c), clause 78(1)(a)(iii)(I) and Schedules 3 and 4)

Environmentally Hazardous Substances
Item

Column 1

Code

Column 2

CAS Registry Number table e3 note a

Column 3

Substance

Column 4

Concentration by Mass (mg/kg)
1 E001 75-07-0 Acetaldehyde 100.0
2 E002 75-39-8 Acetaldehyde ammonia 100.0
3 E003 64-19-7 Acetic acid 100.0
4 E004 108-24-7 Acetic anhydride 100.0
5 E005 75-86-5 table e3 note b Acetonecyanohydrin 100.0
6 E006 506-96-7 Acetyl bromide 100.0
7 E007 75-36-5 table e3 note b Acetyl chloride 100.0
8 E008 107-02-8 Acrolein, stabilized 100.0
9 E009 107-13-1 Acrylonitrile, stabilized 100.0
10 E010 124-04-9 Adipic acid 100.0
11 E011 NA Allethrin 100.0
12 E012 107-18-6 Allyl alcohol 100.0
13 E013 107-05-1 Allyl chloride 100.0
14 E014 10043-01-3 Aluminum sulphate 100.0
15 E015 123-00-2 N-Aminopropylmorpholine 100.0
16 E016 7664-41-7

Ammonia;

Ammonia solutions

 100.0
17 E018 631-61-8 Ammonium acetate 100.0
18 E019 1863-63-4 Ammonium benzoate 100.0
19 E020 1066-33-7 Ammonium bicarbonate 100.0
20 E021 10192-30-0 Ammonium bisulphite 100.0
21 E022 1111-78-0 Ammonium carbamate 100.0
22 E023 506-87-6 Ammonium carbonate 100.0
23 E024 12125-02-9 Ammonium chloride 100.0
24 E025 3012-65-5 Ammonium citrate, dibasic 100.0
25 E026 1113-38-8 Ammonium oxalate 100.0
26 E027 7773-06-1 Ammonium sulphamate 100.0
27 E028 12135-76-1 Ammonium sulphide 100.0
28 E029 3164-29-2 Ammonium tartrate 100.0
29 E030 1762-95-4 Ammonium thiocyanate 100.0
30 E031 7783-18-8 Ammonium thiosulphate 100.0
31 E032 NA Amyl acetates 100.0
32 E033 62-53-3 Aniline 100.0
33 E034 7647-18-9 table e3 note b Antimony pentachloride 100.0
34 E035 NA Antimony potassium tartrate 100.0
35 E036 7789-61-9 table e3 note b Antimony tribromide 100.0
36 E037 10025-91-9 table e3 note b Antimony trichloride 100.0
37 E038 1309-64-4 table e3 note b Antimony trioxide 100.0
38 E039 92-87-5 Benzidine 100.0
39 E040 65-85-0 Benzoic acid 100.0
40 E041 100-47-0 Benzonitrile 100.0
41 E042 98-88-4 Benzoyl chloride 100.0
42 E043 100-44-7 Benzyl chloride 100.0
43 E044 7787-47-5 table e3 note b Beryllium chloride 100.0
44 E045 NA Butyl acetates 100.0
45 E046 109-73-9 n-Butylamine 100.0
46 E047 84-74-2 n-Butyl phthalate 100.0
47 E048 7778-54-3 table e3 note b Calcium hypochlorite 100.0
48 E049 133-06-2 Captan 100.0
49 E050 75-15-0 Carbon disulphide 100.0
50 E051 143-50-0 Chlordecone 100.0
51 E052 95-57-8 2-Chlorophenol 100.0
52 E053 7790-94-5 Chlorosulphonic acid (with or without sulphur trioxide) 100.0
53 E054 7789-43-7 table e3 note b Cobaltous bromide 100.0
54 E055 544-18-3 table e3 note b Cobaltous formate 100.0
55 E056 14017-41-5 table e3 note b Cobaltous sulphamate 100.0
56 E057 NA Copper-based pesticides (all forms) 100.0
57 E058 NA Copper chlorides 100.0
58 E059 56-72-4 Coumaphos 100.0
59 E060 NA Creosote 100.0
60 E061 4170-30-3 Crotonaldehyde 100.0
61 E062 142-71-2 table e3 note b Cupric acetate 100.0
62 E063 814-91-5 Cupric oxalate 100.0
63 E064 7758-98-7 table e3 note b Cupric sulphate 100.0
64 E065 10380-29-7 Cupric sulphate, ammoniated 100.0
65 E066 815-82-7 Cupric tartrate 100.0
66 E067 110-82-7 Cyclohexane 100.0
67 E068 1194-65-6 Dichlobenil 100.0
68 E069 117-80-6 Dichlone 100.0
69 E070 72-54-8 1,1-Dichloro-2,2-bis(p-chlorophenyl)ethane 100.0
70 E071 50-29-3 Dichlorodiphenyltrichloroethane 100.0
71 E072 111-44-4 2,2-Dichloroethyl ether 100.0
72 E073 NA Dichloropropenes 100.0
73 E074 75-99-0 2,2-Dichloropropionic acid 100.0
74 E075 62-73-7 Dichlorvos 100.0
75 E076 115-32-2 Dicofol 100.0
76 E077 109-89-7 Diethylamine 100.0
77 E078 124-40-3 Dimethylamine 100.0
78 E079 NA Dinitrobenzenes 100.0
79 E080 NA Dinitrophenols 100.0
80 E081 NA Dinitrotoluenes (excluding 2,4-dinitrotoluene) 100.0
81 E082 298-04-4 Disulfoton 100.0
82 E083 115-29-7 Endosulfan 100.0
83 E084 106-89-8 Epichlorohydrin 100.0
84 E085 563-12-2 Ethion 100.0
85 E086 100-41-4 Ethylbenzene 100.0
86 E087 107-15-3 Ethylenediamine 100.0
87 E088 60-00-4 Ethylenediaminetetraacetic acid 100.0
88 E089 106-93-4 Ethylene dibromide 100.0
89 E090 107-06-2 Ethylene dichloride 100.0
90 E091 1185-57-5 table e3 note b Ferric ammonium citrate 100.0
91 E092 14221-47-7 table e3 note b Ferric ammonium oxalate 100.0
92 E093 7705-08-0 table e3 note b Ferric chloride 100.0
93 E094 10421-48-4 table e3 note b Ferric nitrate 100.0
94 E095 10028-22-5 table e3 note b Ferric sulphate 100.0
95 E096 10045-89-3 table e3 note b Ferrous ammonium sulphate 100.0
96 E097 7758-94-3 table e3 note b Ferrous chloride 100.0
97 E098 7720-78-7 table e3 note b Ferrous sulphate 100.0
98 E099 50-00-0 Formaldehyde 100.0
99 E100 64-18-6 Formic acid 100.0
100 E101 110-17-8 Fumaric acid 100.0
101 E102 98-01-1 Furfural 100.0
102 E103 77-47-4 Hexachlorocyclopentadiene 100.0
103 E104 110-19-0 Isobutyl acetate 100.0
104 E105 78-81-9 Isobutylamine 100.0
105 E106 79-31-2 Isobutyric acid 100.0
106 E107 78-79-5 Isoprene 100.0
107 E108 115-32-2 Kelthane 100.0
108 E109 2032-65-7 Mercaptodimethur 100.0
109 E110 NA Methyl bromide and ethylene dibromide mixtures 100.0
110 E111 80-62-6 Methyl methacrylate 100.0
111 E112 74-89-5 Methylamine 100.0
112 E113 7786-34-7 Mevinphos 100.0
113 E114 315-18-4 Mexacarbate 100.0
114 E115 300-76-5 Naled 100.0
115 E116 91-20-3 Naphthalene 100.0
116 E117 1338-24-5 Naphthenic acid 100.0
117 E118 15699-18-0 table e3 note b Nickel ammonium sulphate 100.0
118 E119 NA Nickel chlorides 100.0
119 E120 NA Nickel hydroxides 100.0
120 E121 NA Nickel sulphates 100.0
121 E122 NA Nitrophenols (o-, m-, p-) 100.0
122 E123 NA Nitrotoluenes, (o-, m-, p-) 100.0
123 E124 NA Organotin compounds (all forms) 100.0
124 E126 NA Oxalates, water soluble 100.0
125 E127 30525-89-4 Paraformaldehyde 100.0
126 E128 2275-14-1 Phencapton 100.0
127 E129 108-95-2 Phenol 100.0
128 E130 NA Phosphorus 100.0
129 E131 10025-87-3 Phosphorus oxychloride 100.0
130 E132 1314-80-3 Phosphorus pentasulphide 100.0
131 E133 7719-12-2 Phosphorus trichloride 100.0
132 E134 1336-36-3 Polychlorinated biphenyls 50.0
133 E135 7722-64-7 Potassium permanganate 100.0
134 E136 2312-35-8 Propargite 100.0
135 E137 79-09-4 Propionic acid 100.0
136 E138 123-62-6 Propionic anhydride 100.0
137 E139 78-87-5 Propylene dichloride 100.0
138 E140 75-56-9 Propylene oxide 100.0
139 E141 NA Pyrethrins 100.0
140 E142 91-22-5 Quinoline 100.0
141 E143 108-46-3 Resorcinol 100.0
142 E144 7761-88-8 table e3 note b Silver nitrate 100.0
143 E145 7631-90-5 table e3 note b

Sodium bisulphite;

Sodium hydrogen sulphite

 100.0
144 E146 NA Sodium dodecylbenzene sulphonate (branched chain) 100.0
145 E148 16721-80-5 table e3 note b Sodium hydrosulphide 100.0
146 E149 124-41-4 table e3 note b Sodium methylate 100.0
147 E150 7558-79-4 table e3 note b Sodium phosphate, dibasic 100.0
148 E151 7601-54-9 table e3 note b Sodium phosphate, tribasic 100.0
149 E152 57-24-9 table e3 note b Strychnine or Strychnine mixtures 100.0
150 E153 NA Strychnine salts or Strychnine salt mixtures 100.0
151 E154 100-42-5 Styrene 100.0
152 E155 10025-67-9 table e3 note b Sulphur monochloride 100.0
153 E156 NA Tetrachloroethanes 100.0
154 E157 107-49-3 Tetraethyl Pyrophosphate 100.0
155 E158 NA Thallium sulphates 100.0
156 E159 137-26-8 Thiram 100.0
157 E160 NA Titanium sulphates 100.0
158 E161 108-88-3 Toluene 100.0
159 E162 NA Triazine Pesticides 100.0
160 E163 52-68-6 Trichlorphon 100.0
161 E164 121-44-8 Triethylamine 100.0
162 E165 75-50-3 Trimethylamine 100.0
163 E166 1314-62-1 table e3 note b Vanadium pentoxide, non-fused form 100.0
164 E167 NA Vanadyl sulphates 100.0
165 E168 108-05-4 Vinyl acetate 100.0
166 E169 NA Xylenes 100.0
167 E170 NA Xylenols 100.0
168 E171 557-34-6 table e3 note b Zinc acetate 100.0
169 E172 52628-25-8 table e3 note b Zinc ammonium chloride 100.0
170 E173 3486-35-9 table e3 note b Zinc carbonate 100.0
171 E174 7646-85-7 table e3 note b Zinc chloride 100.0
172 E175 557-41-5 table e3 note b Zinc formate 100.0
173 E176 127-82-2 Zinc phenolsulphonate 100.0
174 E177 1314-84-7 table e3 note b Zinc phosphide 100.0
175 E178 7733-02-0 table e3 note b Zinc sulphate 100.0
176 E179 14644-61-2 table e3 note b Zirconium sulphate 100.0

Table e3 note(s)

Table e3 note a

CAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.

Return to table e3 note a referrer

Table e3 note b

CAS registry numbers are provided for parent or main compound only.

Return to table e3 note b referrer

SCHEDULE 8

(Paragraphs 2(1)(e) and 4(1)(e), clause 78(1)(a)(iii)(I) and Schedules 3 and 4)

PART 1
Acute Hazardous Waste and Hazardous Recyclable Material Chemicals
Item

Column 1

Code

Column 2

CAS Registry Number table e4 note a

Column 3

Description of Hazardous Waste or Hazardous Recyclable Material
1 P001 81-81-2 table e4 note b

2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, and salts, when present at concentrations greater than 0.3%;

Warfarin, and salts, when present at concentrations greater than 0.3%
2 P002 591-08-2

1-Acetyl-2-thiourea;

Acetamide, N-(aminothioxomethyl)-
3 P003 107-02-8

2-Propenal;

Acrolein
4 P004 309-00-2

1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha, 4alpha,4abeta,5alpha,8alpha,8abeta)-;

Aldrin
5 P005 107-18-6

2-Propen-1-ol;

Allyl alcohol
6 P006 20859-73-8 Aluminum phosphide
7 P007 2763-96-4

3(2H)-Isoxazolone, 5-(aminomethyl)-;

5-(Aminomethyl)-3-isoxazolol
8 P008 504-24-5

4-Aminopyridine;

4-Pyridinamine
9 P009 131-74-8

Ammonium picrate;

Phenol, 2,4,6-trinitro-, ammonium salt
10 P010 7778-39-4 table e4 note b Arsenic acid (H3AsO4)
11 P011 1303-28-2 table e4 note b

Arsenic oxide (As2O5);

Arsenic pentoxide
12 P012 1327-53-3 table e4 note b

Arsenic oxide (As2O3);

Arsenic trioxide
13 P013 542-62-1 table e4 note b Barium cyanide
14 P014 108-98-5

Benzenethiol;

Thiophenol
15 P015 7440-41-7 Beryllium powder
16 P016 542-88-1

Dichloromethyl ether;

Methane, oxybis[chloro-
17 P017 598-31-2

2-Propanone, 1-bromo-;

Bromoacetone
18 P018 357-57-3

Brucine;

Strychnidin-10-one, 2,3-dimethoxy-
19 P020 88-85-7

Dinoseb;

Phenol, 2-(1-methylpropyl)-4,6-dinitro-
20 P021 592-01-8 table e4 note b Calcium cyanide (Ca(CN)2)
21 P022 75-15-0 Carbon disulfide
22 P023 107-20-0

Acetaldehyde, chloro-;

Chloroacetaldehyde
23 P024 106-47-8

Benzenamine, 4-chloro-;

p-Chloroaniline
24 P026 5344-82-1

1-(o-Chlorophenyl)thiourea;

Thiourea, (2-chlorophenyl)-
25 P027 542-76-7

3-Chloropropionitrile;

Propanenitrile, 3-chloro-
26 P028 100-44-7

Benzene, (chloromethyl)-;

Benzyl chloride
27 P029 544-92-3 table e4 note b Copper cyanide (Cu(CN))
28 P030 NA Cyanides (soluble cyanide salts), not otherwise specified
29 P031 460-19-5

Cyanogen;

Ethanedinitrile
30 P033 506-77-4 Cyanogen chloride ((CN)Cl)
31 P034 131-89-5

2-Cyclohexyl-4,6-dinitrophenol;

Phenol, 2-cyclohexyl-4,6-dinitro-
32 P036 696-28-6 table e4 note b

Arsonous dichloride, phenyl-;

Dichlorophenylarsine
33 P037 60-57-1

1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta,7aalpha)-;

Dieldrin
34 P038 692-42-2 table e4 note b

Arsine, diethyl-;

Diethylarsine
35 P039 298-04-4

Disulfoton;

Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester
36 P040 297-97-2

O,O-Diethyl O-pyrazinyl phosphorothioate;

Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester
37 P041 311-45-5

Diethyl p-nitrophenyl phosphate;

Phosphoric acid, diethyl 4-nitrophenyl ester
38 P042 51-43-4

1,2-Benzenediol,4-[1-hydroxy-2-(methylamino)ethyl]-;

Epinephrine
39 P043 55-91-4

DFP;

Diisopropyl fluorophosphate

Phosphorofluoridic acid, bis(1-methylethyl) ester
40 P044 60-51-5

Dimethoate;

Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester
41 P045 39196-18-4

2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[(methylamino)carbonyl]oxime;

Thiofanox
42 P046 122-09-8

alpha,alpha-Dimethylphenethylamine;

Benzeneethanamine, alpha,alpha-dimethyl-
43 P047 534-52-1 table e4 note b

4,6-Dinitro-o-cresol, and salts;

Phenol, 2-methyl-4,6-dinitro-, and salts
44 P048 51-28-5

2,4-Dinitrophenol;

Phenol, 2,4-dinitro-
45 P049 541-53-7

Dithiobiuret;

Thioimidodicarbonic diamide ([(H2N)C(S)]2NH)
46 P050 115-29-7

6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide;

Endosulfan
47 P051 72-20-8 table e4 note b

2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta,7aalpha)-, and metabolites;

Endrin, and metabolites
48 P054 151-56-4

Aziridine;

Ethyleneimine
49 P056 7782-41-4 Fluorine
50 P057 640-19-7

Acetamide, 2-fluoro-;

Fluoroacetamide
51 P058 62-74-8

Acetic acid, fluoro-, sodium salt;

Fluoroacetic acid, sodium salt
52 P059 76-44-8

4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-;

Heptachlor
53 P060 465-73-6

1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-;

Isodrin
54 P062 757-58-4

Hexaethyl tetraphosphate;

Tetraphosphoric acid, hexaethyl ester
55 P063 74-90-8

Hydrocyanic acid;

Hydrogen cyanide
56 P064 624-83-9

Methane, isocyanato-;

Methyl isocyanate
57 P065 628-86-4

Fulminic acid, mercury(2+) salt;

Mercury fulminate
58 P066 16752-77-5

Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester;

Methomyl
59 P067 75-55-8

1,2-Propylenimine;

Aziridine, 2-methyl-
60 P068 60-34-4

Hydrazine, methyl-;

Methyl hydrazine
61 P069 75-86-5

2-Methyllactonitrile;

Propanenitrile, 2-hydroxy-2-methyl-
62 P070 116-06-3

Aldicarb;

Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime
63 P071 298-00-0

Methyl parathion;

Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) ester
64 P072 86-88-4

alpha-Naphthylthiourea;

Thiourea, 1-naphthalenyl-
65 P073 13463-39-3 table e4 note b Nickel carbonyl (Ni(CO)4), (T-4)-
66 P074 557-19-7 table e4 note b Nickel cyanide (Ni(CN)2)
67 P075 54-11-5 table e4 note b

Nicotine, and salts;

Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, and salts
68 P076 10102-43-9

Nitric oxide;

Nitrogen oxide (NO)
69 P077 100-01-6

Benzenamine, 4-nitro-;

p-Nitroaniline
70 P078 10102-44-0

Nitrogen dioxide;

Nitrogen oxide (NO2)
71 P081 55-63-0

1,2,3-Propanetriol, trinitrate;

Nitroglycerine
72 P082 62-75-9

Methanamine, N-methyl-N-nitroso-;

N-Nitrosodimethylamine
73 P084 4549-40-0

N-Nitrosomethylvinylamine;

Vinylamine, N-methyl-N-nitroso-
74 P085 152-16-9

Diphosphoramide, octamethyl-;

Octamethylpyrophosphoramide
75 P087 20816-12-0 table e4 note b

Osmium oxide (OsO4), (T-4)-;

Osmium tetroxide
76 P088 145-73-3

7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid;

Endothall
77 P089 56-38-2

Parathion;

Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester
78 P092 62-38-4

Mercury, (acetato-O)phenyl-;

Phenylmercury acetate
79 P093 103-85-5

Phenylthiourea;

Thiourea, phenyl-
80 P094 298-02-2

Phorate;

Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester
81 P095 75-44-5

Carbonic dichloride;

Phosgene
82 P096 7803-51-2

Hydrogen phosphide;

Phosphine
83 P097 52-85-7

Famphur;

Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O- dimethyl ester
84 P098 151-50-8 table e4 note b Potassium cyanide (K(CN))
85 P099 506-61-6 table e4 note b

Argentate(1-), bis(cyano-C)-, potassium;

Potassium silver cyanide
86 P101 107-12-0

Ethyl cyanide;

Propanenitrile
87 P102 107-19-7

2-Propyn-1-ol;

Propargyl alcohol
88 P103 630-10-4 Selenourea
89 P104 506-64-9 table e4 note b Silver cyanide (Ag(CN))
90 P105 26628-22-8 table e4 note b Sodium azide
91 P106 143-33-9 table e4 note b Sodium cyanide (Na(CN))
92 P108 57-24-9 table e4 note b

Strychnidin-10-one, and salts;

Strychnine, and salts
93 P109 3689-24-5

Tetraethyl dithiopyrophosphate;

Thiodiphosphoric acid, tetraethyl ester
94 P110 78-00-2

Plumbane, tetraethyl-;

Tetraethyl lead
95 P111 107-49-3

Diphosphoric acid, tetraethyl ester;

Tetraethyl pyrophosphate
96 P112 509-14-8

Methane, tetranitro-;

Tetranitromethane
97 P113 1314-32-5 table e4 note b

Thallic oxide;

Thallium oxide (Tl2O3)
98 P114 12039-52-0 table e4 note b

Selenious acid, dithallium(1+) salt;

Thallium(I) selenite
99 P115 7446-18-6 table e4 note b

Sulfuric acid, dithallium(1+) salt;

Thallium(I) sulfate
100 P116 79-19-6

Hydrazinecarbothioamide;

Thiosemicarbazide
101 P118 75-70-7

Methanethiol, trichloro-;

Trichloromethanethiol
102 P119 7803-55-6 table e4 note b

Ammonium vanadate;

Vanadic acid, ammonium salt
103 P120 1314-62-1 table e4 note b

Vanadium oxide (V2O5);

Vanadium pentoxide
104 P121 557-21-1 table e4 note b Zinc cyanide (Zn(CN)2)
105 P122 1314-84-7 table e4 note b Zinc phosphide (Zn3P2), when present at concentrations greater than 10%
106 P123 8001-35-2 Toxaphene
107 P127 1563-66-2

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate;

Carbofuran
108 P128 315-18-4

Mexacarbate;

Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate
109 P185 26419-73-8

1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)carbonyl]oxime;

Tirpate
110 P188 57-64-7

Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1);

Physostigmine salicylate
111 P189 55285-14-8

Carbamic acid, [(dibutylamino)thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester;

Carbosulfan
112 P190 1129-41-5

Carbamic acid, methyl-, 3-methylphenyl ester;

Metolcarb
113 P191 644-64-4

Carbamic acid, dimethyl-, 1-[(dimethylamino)carbonyl]-5-methyl-1H-pyrazol-3-yl ester;

Dimetilan
114 P192 119-38-0

Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester;

Isolan
115 P194 23135-22-0

Ethanimidothioic acid, 2-(dimethylamino)-N-[[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester;

Oxamyl
116 P196 15339-36-3

Manganese, bis(dimethylcarbamodithioato-S,S′)-;

Manganese dimethyldithiocarbamate
117 P197 17702-57-7

Formparanate;

Methanimidamide, N,N-dimethyl-N′-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-
118 P198 23422-53-9

Formetanate hydrochloride;

Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)carbonyl]oxy]phenyl]-, monohydrochloride
119 P199 2032-65-7

Methiocarb;

Phenol, 3,5-dimethyl-4-(methylthio)-, methylcarbamate
120 P201 2631-37-0

Phenol, 3-methyl-5-(1-methylethyl)-, methylcarbamate;

Promecarb
121 P202 64-00-6

3-Isopropylphenyl N-methylcarbamate;

m-Cumenyl methylcarbamate;

Phenol, 3-(1-methylethyl)-, methylcarbamate
122 P203 1646-88-4

Aldicarb sulfone;

Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl]oxime
123 P204 57-47-6

Physostigmine;

Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8- trimethyl-, methylcarbamate (ESTER), (3aS-cis)-
124 P205 137-30-4

Zinc, bis(dimethylcarbamodithioato-S,S′)-,;

Ziram

Table e4 note(s)

Table e4 note a

CAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.

Return to table e4 note a referrer

Table e4 note b

CAS registry numbers are provided for parent or main compound only.

Return to table e4 note b referrer

PART 2

Hazardous Waste and Hazardous Recyclable Material Chemicals

Item

Column 1

Code

Column 2

CAS Registry Number table f1 note a

Column 3

Description of Hazardous Waste or Hazardous Recyclable Material

1

T140

58-90-2

2,3,4,6-Tetrachlorophenol;

Phenol, 2,3,4,6-tetrachloro-

2

T140

93-76-5

2,4,5-T;

Acetic acid, (2,4,5-trichlorophenoxy)-

3

T140

95-95-4

2,4,5-Trichlorophenol;

Phenol, 2,4,5-trichloro-

4

T140

88-06-2

2,4,6-Trichlorophenol;

Phenol, 2,4,6-trichloro-

5

T140

87-86-5

Pentachlorophenol;

Phenol, pentachloro-

6

T140

93-72-1

Propanoic acid, 2-(2,4,5-trichlorophenoxy)-;

Silvex (2,4,5-TP)

7

U001

75-07-0

Acetaldehyde;

Ethanal

8

U002

67-64-1

2-Propanone;

Acetone

9

U003

75-05-8

Acetonitrile

10

U004

98-86-2

Acetophenone;

Ethanone, 1-phenyl-

11

U005

53-96-3

2-Acetylaminofluorene;

Acetamide, N-9H-fluoren-2-yl-

12

U006

75-36-5

Acetyl chloride

13

U007

79-06-1

2-Propenamide;

Acrylamide

14

U008

79-10-7

2-Propenoic acid;

Acrylic acid

15

U009

107-13-1

2-Propenenitrile;

Acrylonitrile

16

U010

50-07-7

Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha,8beta,8aalpha,8balpha)]-;

Mitomycin C

17

U011

61-82-5

1H-1,2,4-Triazol-3-amine;

Amitrole

18

U012

62-53-3

Aniline;

Benzenamine

19

U014

492-80-8

Auramine;

Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl-

20

U015

115-02-6

Azaserine;

L-Serine, diazoacetate

21

U016

225-51-4

Benz[c]acridine

22

U017

98-87-3

Benzal chloride;

Benzene, (dichloromethyl)-

23

U018

56-55-3

Benz[a]anthracene

24

U019

71-43-2

Benzene

25

U020

98-09-9

Benzenesulfonic acid chloride;

Benzenesulfonyl chloride

26

U021

92-87-5

[1',1'-Biphenyl]-4,4'-diamine;

Benzidine

27

U022

50-32-8

Benzo[a]pyrene

28

U023

98-07-7

Benzene, (trichloromethyl)-;

Benzotrichloride

29

U024

111-91-1

Bis(2-chloroethoxy)-methane;

Ethane, 1,1′-[methylenebis(oxy)]bis[2-chloro-

30

U025

111-44-4

Dichloroethyl ether;

Ethane, 1,1′-oxybis[2-chloro-

31

U026

494-03-1

2-Naphthalenamine, N,N-bis(2-chloroethyl)-;

Chlornaphazin

32

U027

108-60-1

Dichloroisopropyl ether;

Propane, 2,2'-oxybis[1-chloro-

33

U028

117-81-7

1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester;

Diethylhexyl phthalate

34

U029

74-83-9

Methane, bromo-;

Methyl bromide

35

U030

101-55-3

4-Bromophenyl phenyl ether;

Benzene, 1-bromo-4-phenoxy-

36

U031

71-36-3

1-Butanol;

n-Butyl alcohol

37

U032

13765-19-0

Calcium chromate;

Chromic acid (H2CrO4), calcium salt

38

U033

353-50-4

Carbon oxyfluoride;

Carbonic difluoride

39

U034

75-87-6

Acetaldehyde, trichloro-;

Chloral

40

U035

305-03-3

Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-;

Chlorambucil

41

U036

57-74-9

4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-;

Chlordane, alpha and gamma isomers

42

U037

108-90-7

Benzene, chloro-;

Chlorobenzene

43

U038

510-15-6

Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester;

Chlorobenzilate

44

U039

59-50-7

p-Chloro-m-cresol;

Phenol, 4-chloro-3-methyl-

45

U041

106-89-8

Epichlorohydrin;

Oxirane, (chloromethyl)-

46

U042

110-75-8

2-Chloroethyl vinyl ether;

Ethene, (2-chloroethoxy)-

47

U043

75-01-4

Ethene, chloro-;

Vinyl chloride

48

U044

67-66-3

Chloroform;

Methane, trichloro-

49

U045

74-87-3

Methane, chloro-;

Methyl chloride

50

U046

107-30-2

Chloromethyl methyl ether;

Methane, chloromethoxy-

51

U047

91-58-7

beta-Chloronaphthalene;

Naphthalene, 2-chloro-

52

U048

95-57-8

o-Chlorophenol;

Phenol, 2-chloro-

53

U049

3165-93-3

4-Chloro-o-toluidine, hydrochloride;

Benzenamine, 4-chloro-2-methyl-, hydrochloride

54

U050

218-01-9

Chrysene

55

U051

NA

Creosote

56

U052

1319-77-3

Cresol (cresylic acid);

Phenol, methyl-

57

U053

4170-30-3

2-Butenal;

Crotonaldehyde

58

U055

98-82-8

Benzene, (1-methylethyl)-;

Cumene

59

U056

110-82-7

Benzene, hexahydro-;

Cyclohexane

60

U057

108-94-1

Cyclohexanone

61

U058

50-18-0

2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide;

Cyclophosphamide

62

U059

20830-81-3

5,12-Naphthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)-;

Daunomycin

63

U060

72-54-8

Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro-;

DDD

64

U061

50-29-3

Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-;

DDT

65

U062

2303-16-4

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester;

Diallate

66

U063

53-70-3

Dibenz[a,h]anthracene

67

U064

189-55-9

Benzo[rst]pentaphene;

Dibenzo[a,i]pyrene

68

U066

96-12-8

1,2-Dibromo-3-chloropropane;

Propane, 1,2-dibromo-3-chloro-

69

U067

106-93-4

Ethane, 1,2-dibromo-;

Ethylene dibromide

70

U068

74-95-3

Methane, dibromo-;

Methylene bromide

71

U069

84-74-2

1,2-Benzenedicarboxylic acid, dibutyl ester;

Dibutyl phthalate

72

U070

95-50-1

Benzene, 1,2-dichloro-;

o-Dichlorobenzene

73

U071

541-73-1

Benzene, 1,3-dichloro-;

m-Dichlorobenzene

74

U072

106-46-7

Benzene, 1,4-dichloro-;

p-Dichlorobenzene

75

U073

91-94-1

[1,1′-Biphenyl]-4,4′-diamine, 3,3′-dichloro-;

3,3′-Dichlorobenzidine

76

U074

764-41-0

1,4-Dichloro-2-butene;

2-Butene, 1,4-dichloro-

77

U075

75-71-8

Dichlorodifluoromethane;

Methane, dichlorodifluoro-

78

U076

75-34-3

Ethane, 1,1-dichloro-;

Ethylidene dichloride

79

U077

107-06-2

Ethane, 1,2-dichloro-;

Ethylene dichloride

80

U078

75-35-4

1,1-Dichloroethylene;

Ethene, 1,1-dichloro-

81

U079

156-60-5

1,2-Dichloroethylene;

Ethene, 1,2-dichloro-, (E)-

82

U080

75-09-2

Methane, dichloro-;

Methylene chloride

83

U081

120-83-2

2,4-Dichlorophenol;

Phenol, 2,4-dichloro-

84

U082

87-65-0

2,6-Dichlorophenol;

Phenol, 2,6-dichloro-

85

U083

78-87-5

Propane, 1,2-dichloro-;

Propylene dichloride

86

U084

542-75-6

1,3-Dichloropropene;

1-Propene, 1,3-dichloro-

87

U085

1464-53-5

1,2:3,4-Diepoxybutane;

2,2footnote 3-Bioxirane

88

U086

1615-80-1

Hydrazine, 1,2-diethyl-;

N,N′-Diethylhydrazine

89

U087

3288-58-2

O,O-Diethyl S-methyl dithiophosphate;

Phosphorodithioic acid, O,O-diethyl S-methyl ester

90

U088

84-66-2

1,2-Benzenedicarboxylic acid, diethyl ester;

Diethyl phthalate

91

U089

56-53-1

Diethylstilbestrol;

Phenol, 4,4′-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-

92

U090

94-58-6

1,3-Benzodioxole, 5-propyl-;

Dihydrosafrole

93

U091

119-90-4

[1,1′-Biphenyl]-4,4′-diamine, 3,3′-dimethoxy-;

3,3′-Dimethoxybenzidine

94

U092

124-40-3

Dimethylamine;

Methanamine, N-methyl-

95

U093

60-11-7

Benzenamine, N,N-dimethyl-4-(phenylazo)-;

p-Dimethylaminoazobenzene

96

U094

57-97-6

7,12-Dimethylbenz[a]anthracene;

Benz[a]anthracene, 7,12-dimethyl-

97

U095

119-93-7

[1,1′-Biphenyl]-4,4′-diamine, 3,3′-dimethyl-;

3,3′-Dimethylbenzidine

98

U096

80-15-9

alpha,alpha-Dimethylbenzyl hydroperoxide;

Hydroperoxide, 1-methyl-1-phenylethyl-

99

U097

79-44-7

Carbamic chloride, dimethyl-;

Dimethylcarbamoyl chloride

100

U098

57-14-7

1,1-Dimethylhydrazine;

Hydrazine, 1,1-dimethyl-

101

U099

540-73-8

1,2-Dimethylhydrazine;

Hydrazine, 1,2-dimethyl-

102

U101

105-67-9

2,4-Dimethylphenol;

Phenol, 2,4-dimethyl-

103

U102

131-11-3

1,2-Benzenedicarboxylic acid, dimethyl ester;

Dimethyl phthalate

104

U103

77-78-1

Dimethyl sulfate;

Sulfuric acid, dimethyl ester

105

U105

121-14-2

2,4-Dinitrotoluene;

Benzene, 1-methyl-2,4-dinitro-

106

U106

606-20-2

2,6-Dinitrotoluene;

Benzene, 2-methyl-1,3-dinitro-

107

U107

117-84-0

1,2-Benzenedicarboxylic acid, dioctyl ester;

Di-n-octyl phthalate

108

U108

123-91-1

1,4-Diethylene oxide;

1,4-Dioxane

109

U109

122-66-7

1,2-Diphenylhydrazine;

Hydrazine, 1,2-diphenyl-

110

U110

142-84-7

1-Propanamine, N-propyl-;

Dipropylamine

111

U111

621-64-7

1-Propanamine, N-nitroso-N-propyl-;

Di-n-propylnitrosamine

112

U112

141-78-6

Acetic acid, ethyl ester;

Ethyl acetate

113

U113

140-88-5

2-Propenoic acid, ethyl ester;

Ethyl acrylate

114

U114

111-54-6 table f1 note b

Carbamodithioic acid, 1,2-ethanediylbis-, salts and esters;

Ethylenebisdithiocarbamic acid, salts and esters

115

U115

75-21-8

Ethylene oxide;

Oxirane

116

U116

96-45-7

2-Imidazolidinethione;

Ethylene thiourea

117

U117

60-29-7

Ethane, 1,1′-oxybis-;

Ethyl ether

118

U118

97-63-2

2-Propenoic acid, 2-methyl-, ethyl ester;

Ethyl methacrylate

119

U119

62-50-0

Ethyl methanesulfonate;

Methanesulfonic acid, ethyl ester

120

U120

206-44-0

Fluoranthene

121

U121

75-69-4

Methane, trichlorofluoro-;

Trichloromonofluoromethane

122

U122

50-00-0

Formaldehyde

123

U123

64-18-6

Formic acid

124

U124

110-00-9

Furan;

Furfuran

125

U125

98-01-1

2-Furancarboxaldehyde;

Furfural

126

U126

765-34-4

Glycidylaldehyde;

Oxiranecarboxyaldehyde

127

U127

118-74-1

Benzene, hexachloro-;

Hexachlorobenzene

128

U128

87-68-3

1,3-Butadiene, 1,1,2,3,4,4-hexachloro-;

Hexachlorobutadiene

129

U129

58-89-9

Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)-;

Lindane

130

U130

77-47-4

1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-;

Hexachlorocyclopentadiene

131

U131

67-72-1

Ethane, hexachloro-;

Hexachloroethane

132

U132

70-30-4

Hexachlorophene;

Phenol, 2,2′-methylenebis[3,4,6-trichloro-

133

U133

302-01-2

Hydrazine

134

U134

7664-39-3

Hydrofluoric acid;

Hydrogen fluoride

135

U135

7783-06-4

Hydrogen sulfide (H2S)

136

U136

75-60-5

Arsinic acid, dimethyl-;

Cacodylic acid

137

U137

193-39-5

Indeno[1,2,3-cd]pyrene

138

U138

74-88-4

Methane, iodo-;

Methyl iodide

139

U140

78-83-1

1-Propanol, 2-methyl-;

Isobutyl alcohol

140

U141

120-58-1

1,3-Benzodioxole, 5-(1-propenyl)-;

Isosafrole

141

U142

143-50-0

1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-;

Kepone

142

U143

303-34-4

2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, [1S-[1alpha(Z),7(2S*,3R*), 7aalpha]]-;

Lasiocarpine

143

U144

301-04-2

Acetic acid, lead(2+) salt;

Lead acetate

144

U145

7446-27-7 table f1 note b

Lead phosphate;

Phosphoric acid, lead(2+) salt (2:3)

145

U146

1335-32-6

Lead subacetate;

Lead, bis(acetato-O)tetrahydroxytri-

146

U147

108-31-6

2,5-Furandione;

Maleic anhydride

147

U148

123-33-1

3,6-Pyridazinedione, 1,2-dihydro-;

Maleic hydrazide

148

U149

109-77-3

Malononitrile;

Propanedinitrile

149

U150

148-82-3

L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-;

Melphalan

150

U151

7439-97-6

Mercury

151

U152

126-98-7

2-Propenenitrile, 2-methyl-;

Methacrylonitrile

152

U153

74-93-1

Methanethiol;

Thiomethanol

153

U154

67-56-1

Methanol;

Methyl alcohol

154

U155

91-80-5

1,2-Ethanediamine, N,N-dimethyl-N′-2-pyridinyl-N′-(2-thienylmethyl)-;

Methapyrilene

155

U156

79-22-1

Carbonochloridic acid, methyl ester;

Methyl chlorocarbonate

156

U157

56-49-5

3-Methylcholanthrene;

Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-

157

U158

101-14-4

4,4′-Methylenebis(2-chloroaniline);

Benzenamine, 4,4-methylenebis[2-chloro-

158

U159

78-93-3

2-Butanone;

MEK;

Methyl ethyl ketone

159

U160

1338-23-4

2-Butanone, peroxide;

Methyl ethyl ketone peroxide

160

U161

108-10-1

4-Methyl-2-pentanone;

Methyl isobutyl ketone;

2-Pentanone, 4-methyl-

161

U162

80-62-6

2-Propenoic acid, 2-methyl-, methyl ester;

Methyl methacrylate

162

U163

70-25-7

Guanidine, N-methyl-N′-nitro-N-nitroso-;

MNNG

163

U164

56-04-2

4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-;

Methylthiouracil

164

U165

91-20-3

Naphthalene

165

U166

130-15-4

1,4-Naphthalenedione;

1,4-Naphthoquinone

166

U167

134-32-7

1-Naphthalenamine;

alpha-Naphthylamine

167

U168

91-59-8

2-Naphthalenamine;

beta-Naphthylamine

168

U169

98-95-3

Benzene, nitro-;

Nitrobenzene

169

U170

100-02-7

Phenol, 4-nitro-;

p-Nitrophenol

170

U171

79-46-9

2-Nitropropane;

Propane, 2-nitro-

171

U172

924-16-3

1-Butanamine, N-butyl-N-nitroso-;

N-Nitrosodi-n-butylamine

172

U173

1116-54-7

Ethanol, 2,2′-(nitrosoimino)bis-;

N-Nitrosodiethanolamine

173

U174

55-18-5

Ethanamine, N-ethyl-N-nitroso-;

N-Nitrosodiethylamine

174

U176

759-73-9

N-Nitroso-N-ethylurea;

Urea, N-ethyl-N-nitroso-

175

U177

684-93-5

N-Nitroso-N-methylurea;

Urea, N-methyl-N-nitroso-

176

U178

615-53-2

Carbamic acid, methylnitroso-, ethyl ester;

N-Nitroso-N-methylurethane

177

U179

100-75-4

N-Nitrosopiperidine;

Piperidine, 1-nitroso-

178

U180

930-55-2

N-Nitrosopyrrolidine;

Pyrrolidine, 1-nitroso-

179

U181

99-55-8

5-Nitro-o-toluidine;

Benzenamine, 2-methyl-5-nitro-

180

U182

123-63-7

1,3,5-Trioxane, 2,4,6-trimethyl-;

Paraldehyde

181

U183

608-93-5

Benzene, pentachloro-;

Pentachlorobenzene

182

U184

76-01-7

Ethane, pentachloro-;

Pentachloroethane

183

U185

82-68-8

Benzene, pentachloronitro-;

PCNB;

Pentachloronitrobenzene

184

U186

504-60-9

1,3-Pentadiene;

1-Methylbutadiene

185

U187

62-44-2

Acetamide, N-(4-ethoxyphenyl)-;

Phenacetin

186

U188

108-95-2

Phenol

187

U189

1314-80-3 table f1 note b

Phosphorus sulfide;

Sulfur phosphide

188

U190

85-44-9

1,3-Isobenzofurandione;

Phthalic anhydride

189

U191

109-06-8

2-Picoline;

Pyridine, 2-methyl-

190

U192

23950-58-5

Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-;

Pronamide

191

U193

1120-71-4

1,2-Oxathiolane, 2,2-dioxide;

1,3-Propane sultone

192

U194

107-10-8

1-Propanamine;

n-Propylamine

193

U196

110-86-1

Pyridine

194

U197

106-51-4

2,5-Cyclohexadiene-1,4-dione;

p-Benzoquinone

195

U200

50-55-5

Reserpine;

Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)-

196

U201

108-46-3

1,3-Benzenediol;

Resorcinol

197

U202

81-07-2 table f1 note b

1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, and salts;

Saccharin, and salts

198

U203

94-59-7

1,3-Benzodioxole, 5-(2-propenyl)-;

Safrole

199

U204

7783-00-8

Selenious acid;

Selenium dioxide

200

U205

7488-56-4 table f1 note b

Selenium sulfide (SeS2)

201

U206

18883-66-4

D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)carbonyl]amino]-;

Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D-;

Streptozotocin

202

U207

95-94-3

1,2,4,5-Tetrachlorobenzene;

Benzene, 1,2,4,5-tetrachloro-

203

U208

630-20-6

1,1,1,2-Tetrachloroethane;

Ethane, 1,1,1,2-tetrachloro-

204

U209

79-34-5

1,1,2,2-Tetrachloroethane;

Ethane, 1,1,2,2-tetrachloro-

205

U210

127-18-4

Ethene, tetrachloro-;

Tetrachloroethylene

206

U211

56-23-5

Carbon tetrachloride;

Methane, tetrachloro-

207

U213

109-99-9

Furan, tetrahydro-;

Tetrahydrofuran

208

U214

563-68-8

Acetic acid, thallium(1+) salt;

Thallium(I) acetate

209

U215

6533-73-9

Carbonic acid, dithallium(1+) salt;

Thallium(I) carbonate

210

U216

7791-12-0 table f1 note b

Thallium chloride (TlCl);

Thallium(I) chloride

211

U217

10102-45-1 table f1 note b

Nitric acid, thallium(1+) salt;

Thallium(I) nitrate

212

U218

62-55-5

Ethanethioamide;

Thioacetamide

213

U219

62-56-6

Thiourea

214

U220

108-88-3

Benzene, methyl-;

Toluene

215

U221

25376-45-8

Benzenediamine, ar-methyl-;

Toluenediamine

216

U222

636-21-5

Benzenamine, 2-methyl-, hydrochloride;

o-Toluidine hydrochloride

217

U223

26471-62-5

Benzene, 1,3-diisocyanatomethyl-;

Toluene diisocyanate

218

U225

75-25-2

Bromoform;

Methane, tribromo-

219

U226

71-55-6

Ethane, 1,1,1-trichloro-;

Methyl chloroform

220

U227

79-00-5

1,1,2-Trichloroethane;

Ethane, 1,1,2-trichloro-

221

U228

79-01-6

Ethene, trichloro-;

Trichloroethylene

222

U234

99-35-4

1,3,5-Trinitrobenzene;

Benzene, 1,3,5-trinitro-

223

U235

126-72-7

1-Propanol, 2,3-dibromo-, phosphate (3:1);

Tris(2,3-dibromopropyl) phosphate

224

U236

72-57-1

2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl-[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt;

Trypan blue

225

U237

66-75-1

2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl)amino]-;

Uracil mustard

226

U238

51-79-6

Carbamic acid, ethyl ester;

Ethyl carbamate;

Urethane

227

U239

1330-20-7

Benzene, dimethyl-;

Xylene

228

U240

94-75-7 table f1 note b

2,4-D, salts and esters;

Acetic acid, (2,4-dichlorophenoxy)-, salts and esters

229

U243

1888-71-7

1-Propene, 1,1,2,3,3,3-hexachloro-;

Hexachloropropene

230

U244

137-26-8

Thioperoxydicarbonic diamide [((CH3)2N)C(S)]2S2, tetramethyl-;

Thiram

231

U246

506-68-3 table f1 note b

Cyanogen bromide ((CN)Br)

232

U247

72-43-5

Benzene, 1,1-(2,2,2-trichloroethylidene)bis[4-methoxy-;

Methoxychlor

233

U248

81-81-2 table f1 note b

2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, and salts, when present at concentrations of 0.3% or less;

Warfarin, and salts, when present at concentrations of 0.3% or less

234

U249

1314-84-7

Zinc phosphide (Zn3P2), when present at concentrations of 10% or less

235

U271

17804-35-2

Benomyl;

Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-yl]-, methyl ester

236

U278

22781-23-3

1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methylcarbamate;

Bendiocarb

237

U279

63-25-2

1-Naphthalenol, methylcarbamate;

Carbaryl

238

U280

101-27-9

Barban;

Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester

239

U328

95-53-4

Benzenamine, 2-methyl-;

o-Toluidine

240

U353

106-49-0

Benzenamine, 4-methyl-;

p-Toluidine

241

U359

110-80-5

Ethanol, 2-ethoxy-;

Ethylene glycol monoethyl ether

242

U364

22961-82-6

1,3-Benzodioxol-4-ol, 2,2-dimethyl-;

Bendiocarb phenol

243

U367

1563-38-8

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-;

Carbofuran phenol

244

U372

10605-21-7

Carbamic acid, 1H-benzimidazol-2-yl, methyl ester;

Carbendazim

245

U373

122-42-9

Carbamic acid, phenyl-, 1-methylethyl ester;

Propham

246

U387

52888-80-9

Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester;

Prosulfocarb

247

U389

2303-17-5

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester;

Triallate

248

U394

30558-43-1

A2213;

Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester

249

U395

5952-26-1

Diethylene glycol, dicarbamate;

Ethanol, 2,2′-oxybis-, dicarbamate

250

U404

121-44-8

Ethanamine, N,N-diethyl-;

Triethylamine

251

U408

118-79-6

2,4,6-Tribromophenol

252

U409

23564-05-8

Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-, dimethyl ester;

Thiophanate-methyl

253

U410

59669-26-0

Ethanimidothioic acid, N,N′-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester;

Thiodicarb

254

U411

114-26-1

Phenol, 2-(1-methylethoxy)-, methylcarbamate;

Propoxur

Table f1 note(s)

Table f1 note a

CAS registry numbers are provided for reference purposes only. They do not form part of these Regulations and may be amended without the need to amend these Regulations.

Return to table f1 note a referrer

Table f1 note b

CAS registry numbers are provided for parent or main compound only.

Return to table f1 note b referrer

SCHEDULE 9

(Subparagraphs 4(2)(g)(i) and (3)(g)(i))

Excluded Material
Item Description
1 Slags, skimmings and dross containing precious metals, copper or zinc for further refining.
2 Platinum group metal (PGM) automobile catalysts.
3 Any part of electronic equipment — including scrap but excluding cells and batteries — that is suitable for base or precious metal recovery.
4 Brass in the form of turnings, borings and choppings.

SCHEDULE 10

(Paragraph 16(1)(c), subsection 16(3), paragraphs 16(4)(a) and 28(1)(c), subsection 28(3), paragraphs 28(4)(a) and 40(1)(c), subsection 40(3), paragraphs 40(4)(a) and 50(1)(a), subsection 50(2), paragraph 61(1)(c), subsection 61(3), paragraphs 61(4)(a) and 72(1)(c), subsection 72(3) and paragraph 72(4)(a))

Movement Document for Imports, Exports and Transits — Information Required
Movement Document — Part A

1 (1) In the case of an import, the following information is required in Part A:

(2) In the case of an export, the following information is required in Part A:

(3) In the case of an export from and import to Canada following transit through a foreign country, the following information is required in Part A:

(4) In the case of a transit through Canada, the following information is required in Part A:

(5) In the case of a return to Canada, the following information is required in Part A:

(6) In the case of a return to a foreign country of origin, the following information is required in Part A:

Movement Document — Part B

2 The following information in Part B is required from an authorized carrier:

Movement Document — Part C

3 (1) In the case of an import to or an export from Canada, or an export from, and import to, Canada following transit through a foreign country, the following information is required in Part C:

(2) In the case of a return to Canada or to a foreign country of origin, the following information is required in Part C:

SCHEDULE 11

(Clauses 78(1)(a)(iii)(A) and (C) to (F) and Schedules 3 and 4)

PART 1
Reasons Why Waste or Recyclable Material Is Intended for Disposal or Recycling
Item

Column 1

Code

Column 2

Reason
1 Q1 Production residues that are not otherwise specified in this Part.
2 Q2 Off-specification products.
3 Q3 Products whose date for appropriate use has expired.
4 Q4 Material that has been spilled or lost or has undergone other mishap, including any material, equipment, etc., that has been contaminated as a result of the mishap.
5 Q5 Material that has been contaminated or soiled as a result of planned actions (e.g., residues from cleaning operations, packing material, containers).
6 Q6 Unusable parts (e.g., rejected batteries, exhausted catalysts).
7 Q7 Substances that no longer perform satisfactorily (e.g., contaminated acids, contaminated solvents, exhausted tempering salts).
8 Q8 Residues from industrial processes (e.g., slags, still bottoms).
9 Q9 Residues from pollution abatement processes (e.g., scrubber sludges, baghouse dusts, spent filters).
10 Q10 Machining or finishing residues (e.g., lathe turning, mill scales).
11 Q11 Residues from raw material processing (e.g., mining residues, oil field slop).
12 Q12 Adulterated material (e.g., oils contaminated with polychlorinated biphenyls).
13 Q13 Any material, substance or product whose use has been banned by law in the country of destination.
14 Q14 Products for which there is no further use (e.g., agricultural, household, office, commercial and shop discards).
15 Q15 Any material, substance or product that results from remedial actions with respect to contaminated land.
16 Q16 Any material, substance or product that the generator or exporter declares to be waste and that are not referred to in this Part.
PART 2
Generic Types of Potentially Hazardous Waste
Item

Column 1

Code

Column 2

Type
1 1 Clinical waste from medical care in hospitals, medical centres and clinics. (Y1)
2 2 Waste from the production and preparation of pharmaceutical products. (Y2)
3 3 Waste pharmaceuticals, drugs and medicines. (Y3)
4 4 Waste from the production, formulation and use of biocides and phytopharmaceuticals. (Y4)
5 5 Waste from the manufacture, formulation and use of wood-preserving chemicals. (Y5)
6 6 Waste from the production, formulation and use of organic solvents. (Y6)
7 7 Waste from heat treatment and tempering operations that contains cyanides. (Y7)
8 8 Waste mineral oils that are unfit for their originally intended use. (Y8)
9 9 Waste oil and water, hydrocarbon and water mixtures and emulsions. (Y9)
10 10 Waste substances and articles that contain or are contaminated with polychlorinated biphenyls, polychlorinated terphenyls, or polybrominated biphenyls. (Y10)
11 11 Waste tarry residues from refining, distillation and any pyrolytic treatment. (Y11)
12 12 Waste from the production, formulation and use of inks, dyes, pigments, paints, lacquers and varnishes. (Y12)
13 13 Waste from the production, formulation and use of resins, latex, plasticizers, glues and adhesives. (Y13)
14 14 Waste chemical substances from research and development or teaching activities that are not identified or are new, and whose effects on humans or the environment are unknown. (Y14)
15 15 Waste of an explosive nature that is not subject to other legislation. (Y15)
16 16 Waste from the production, formulation and use of photographic chemicals and processing material. (Y16)
17 17 Waste from surface treatment of metals and plastics. (Y17)
18 18 Residues from industrial waste-disposal operations. (Y18)
19 19 Material that contains any of the constituents listed in column 2 of Part 3 and that consists of animal or vegetable soaps, fats or waxes.
20 20 Non-halogenated organic substances that are not employed as solvents.
21 21 Inorganic substances without metals.
22 22 Ashes or cinders.
23 23 Soil, sand or clay, including dredging spoils.
24 24 Non-cyanidic tempering salts.
25 25 Metallic dust or powder.
26 26 Spent catalyst material.
27 27 Liquids or sludges that contain metals.
28 28 Residue from pollution-control operations, except scrubber sludges and sludges from water-purification plants and wastewater treatment plants.
29 29 Scrubber sludges.
30 30 Sludges from water-purification plants and wastewater treatment plants.
31 31 Decarbonization residue.
32 32 Ion-exchange column residue.
33 33 Sewage sludges.
34 34 Wastewaters that are not otherwise taken into account in this Part.
35 35 Residue from the cleaning of tanks or equipment.
36 36 Contaminated equipment.
37 37 Contaminated containers whose contents included one or more of the constituents listed in column 2 of Part 3.
38 38 Batteries and other electrical cells.
39 39 Vegetable oils.
40 40 Material that has been segregated from households and that exhibits any of the characteristics listed in column 2 of Part 4.
41 41 Any other waste that contains any of the constituents listed in column 2 of Part 3.
PART 3
Constituents of Potentially Hazardous Waste
Item

Column 1

Code

Column 2

Constituent table g3 note a
1 C1 Beryllium, beryllium compounds (Y20)
2 C2 Vanadium compounds
3 C3 Hexavalent chromium compounds (Y21)
4 C4 Cobalt compounds
5 C5 Nickel compounds
6 C6 Copper compounds (Y22)
7 C7 Zinc compounds (Y23)
8 C8 Arsenic, arsenic compounds (Y24)
9 C9 Selenium, selenium compounds (Y25)
10 C10 Silver compounds
11 C11 Cadmium, cadmium compounds (Y26)
12 C12 Tin compounds
13 C13 Antimony, antimony compounds (Y27)
14 C14 Tellurium, tellurium compounds (Y28)
15 C15 Barium, barium compounds, excluding barium sulfate
16 C16 Mercury, mercury compounds (Y29)
17 C17 Thallium, thallium compounds (Y30)
18 C18 Lead, lead compounds (Y31)
19 C19 Inorganic sulphides
20 C20 Inorganic fluorine compounds, excluding calcium fluoride (Y32)
21 C21 Inorganic cyanides (Y33)
22 C22 The following alkaline or alkaline earth metals: lithium, sodium, calcium, potassium and magnesium
23 C23 Acidic solutions or acids in solid form (Y34)
24 C24 Basic solutions or bases in solid form (Y35)
25 C25 Asbestos (dust and fibres) (Y36)
26 C26 Organic phosphorus compounds (Y37)
27 C27 Metal carbonyls (Y19)
28 C28 Peroxides
29 C29 Chlorates
30 C30 Perchlorates
31 C31 Azides
32 C32 Polychlorinated biphenyls, polychlorinated terphenyls, polybrominated biphenyls (Y10)
33 C33 Pharmaceutical or veterinary compounds
34 C34 Biocides and phyto-pharmaceutical substances
35 C35 Infectious substances
36 C36 Creosotes
37 C37 Isocyanates, thiocyanates
38 C38 Organic cyanides (Y38)
39 C39 Phenols, phenol compounds, including chlorophenols (Y39)
40 C40 Ethers (Y40)
41 C41 Halogenated organic solvents (Y41)
42 C42 Organic solvents, excluding halogenated solvents (Y42)
43 C43 Organohalogen compounds other than substances referred to in this Part (Y45)
44 C44 Aromatic compounds, polycyclic and heterocyclic organic compounds
45 C45 Organic nitrogen compounds, especially aliphatic amines
46 C46 Organic nitrogen compounds, especially aromatic amines
47 C47 Substances of an explosive character (Y15)
48 C48 Sulphur organic compounds
49 C49 Any congenor of polychlorinated dibenzo-furan (Y43)
50 C50 Any congenor of polychlorinated dibenzo-p-dioxin (Y44)
51 C51 Hydrocarbons and their oxygen, nitrogen and sulphur compounds that are not otherwise taken into account in this Part

Table g3 note(s)

Table g3 note a

If applicable, correspondence with codes referred to in Annex I to the Convention is indicated in brackets after the constituent.

Return to table g3 note a referrer
PART 4
List of Hazardous Characteristics
Item

Column 1

Code table g4 note b

Column 2

Hazardous Characteristic
1 H3 Liquids, mixtures of liquids and liquids containing solids in solution or suspension that give off a flammable vapour at temperatures of not more than 60.5ºC, for a closed-cup test, or not more than 65.6ºC for an open-cup test. (Since the results of open- and closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowance for such differences would be within the spirit of this description.) Includes paints, varnishes, lacquers, etc., but does not include any substance or waste that is otherwise classified on account of its dangerous characteristics. (Flammable liquids)
2 H4.1 Solids or waste solids (other than those classed as explosives) that, under conditions encountered in transport, are readily combustible or may cause or contribute to fire through friction. (Flammable solids)
3 H4.2 Any substance or waste that is liable to spontaneous heating under normal conditions encountered in transport or to heating up in contact with air, and is liable to catch fire. (Spontaneous combustion)
4 H4.3 Any substance or waste that is liable, by interaction with water, to become spontaneously flammable or to give off flammable gases in dangerous quantities. (In contact with water, spontaneous combustion or emission of flammable gases)
5 H5.1 Any substance or waste that is not necessarily combustible itself but that may, generally by yielding oxygen, cause or contribute to the combustion of other material. (Oxidizing)
6 H5.2 Any organic substance or waste containing the bivalent-0-0-structure that may undergo exothermic self-accelerating decomposition due to its thermal instability. (Organic peroxides)
7 H6.1 Any substance or waste that is liable to cause death, serious injury or harm to human health if swallowed, inhaled or placed in contact with skin. (Poisonous (acute))
8 H6.2 Any substance or waste containing viable micro-organisms or their toxins that are known or suspected to cause disease in animals or humans. (Infectious Substances)
9 H8 Any substance or waste that, by chemical action, causes severe damage when in contact with living tissue or, in the case of leakage, materially damages or destroys other goods or the means of transport. It may also cause other hazards. (Corrosives)
10 H10 Any substance or waste that is liable, by interaction with air or water, to give off toxic gases in dangerous quantities. (Liberation of toxic gases in contact with air or water)
11 H11 Any substance or waste that, if it is inhaled or ingested, or if it penetrates the skin, may involve delayed or chronic effects, including carcinogenicity. (Toxic (delayed or chronic))
12 H12 Any substance or waste that, if it is released, presents or may cause immediate or delayed adverse impacts to the environment by means of bioaccumulation or has toxic effects on biotic systems. (Ecotoxic)
13 H13 Any substance or waste that is capable, by any means after disposal, of yielding another material (e.g., leachate that possesses any of the characteristics listed in this Part). (Leachate)

Table g4 note(s)

Table g4 note b

Code numbers correspond to the hazard class numbering system in the United Nations Recommendations on the Transport of Dangerous Goods for H3 through H8.

Return to table g4 note b referrer
PART 5
Activities That May Generate Potentially Hazardous Waste
Item

Column 1

Code

Column 2

Activity
Agriculture — Farming Industry
1 A100 Agriculture and forest management
2 A101 Cultivation
3 A102 Animal husbandry
4 A103 Forest management and forest exploitation (lumbering)
5 A110 Animal and vegetable products from the food sector
6 A111 Meat industry, slaughterhouses and butchery
7 A112 Dairy industry
8 A113 Animal and vegetable oil and grease industry
9 A114 Sugar industry
10 A115 Other activities of the food sector
11 A120 Drink industry
12 A121 Distillation of alcohol and spirits
13 A122 Brewing of beer
14 A123 Manufacture of other drinks
15 A130 Manufacture of animal feed
Energy
16 A150 Coal industry
17 A151 Production and preparation of coal and coal products
18 A152 Coking operations
19 A160 Petroleum industry
20 A161 Extraction of petroleum and natural gas
21 A162 Petroleum refining
22 A163 Storage of petroleum and products derived from refining of natural gas
23 A170 Production of electricity
24 A171 Central thermal facilities
25 A172 Central hydraulic facilities
26 A173 Central nuclear facilities
27 A174 Other central electricity facilities
28 A180 Production of water
Metallurgy — Mechanical and Electrical Engineering
29 A200 Extraction of metallic ores
30 A210 Ferrous metallurgy
31 A211 Cast iron production (coke oven)
32 A212 Raw steel production (pig iron)
33 A213 Primary steel transformation (rolling mills)
34 A220 Non-ferrous metallurgy
35 A221 Production of alumina
36 A222 Aluminum metallurgy
37 A223 Metallurgy of lead and zinc
38 A224 Metallurgy of precious metals
39 A225 Metallurgy of other non-ferrous metals
40 A226 Ferro-alloy industry
41 A227 Manufacture of electrodes
42 A230 Foundry and metalworking operations
43 A231 Ferrous metal foundries
44 A232 Non-ferrous metal foundries
45 A233 Metalworking (not including machining)
46 A240 Mechanical, electrical and electronic construction
47 A241 Machining
48 A242 Thermal treatment
49 A243 Surface treatment
50 A244 Application of paint
51 A245 Assembly and wiring
52 A246 Production of batteries and dry cells
53 A247 Production of electrical wires and cables (cladding, plating, insulation)
54 A248 Production of electronic components
Non-Metallic Minerals — Construction Material — Ceramics — Glass
55 A260 Mining and quarrying of non-metallic minerals
56 A270 Construction material, ceramics and glass
57 A271 Production of lime, cement and plaster
58 A272 Fabrication of ceramic products
59 A273 Fabrication of products containing asbestos cement
60 A274 Production of other construction material
61 A275 Glass industry
62 A280 Building, building sites and landscaping
Primary Chemical Industry
63 A300 Production of primary chemicals and chemical feedstocks
64 A301 Chlorine industry
65 A351 Fertilizer fabrication
66 A401 Other manufacturing generators of primary inorganic industrial chemicals
67 A451 Petroleum and coal industry
68 A501 Manufacture of basic plastic material
69 A551 Other primary organic chemical manufacture
70 A601 Chemical treatment of fats and fabrication of basic substances for detergents
71 A651 Fabrication of pharmaceuticals, pesticides, biocides and weed killers
72 A669 Other manufacture of finished chemicals
Industries Producing Products Based Upon Primary Chemicals
73 A700 Production of inks, varnish, paints and glues
74 A701 Production of ink
75 A702 Production of paint
76 A703 Production of varnish
77 A704 Production of glue
78 A710 Fabrication of photographic products
79 A711 Production of photosensitive plates
80 A712 Fabrication of products for photographic treatments
81 A720 Perfume industry and fabrication of soap and detergent products
82 A721 Fabrication of soap products
83 A722 Fabrication of detergent products
84 A723 Fabrication of perfume products
85 A730 Finished rubber and plastic material
86 A731 Rubber industry
87 A732 Finished plastic material
88 A740 Fabrication of products based upon asbestos
89 A750 Production of powders and explosives
Textiles and Leathers — Various Wood Based and Furniture Industries
90 A760 Textile and clothing industry
91 A761 Combing and carding of textile fibres
92 A762 Threading, spinning and weaving
93 A763 Bleaching, dyeing and printing
94 A764 Clothing manufacture
95 A770 Leather and hide industry
96 A771 Tanneries, tanning
97 A772 Fur trade
98 A773 Manufacture of shoes and other leather products
99 A780 Wood and furniture industry
100 A781 Sawmills and production of wood panels
101 A782 Manufacture of wood and furniture products
102 A790 Various related industries
Paper — Cardboard — Printing
103 A800 Paper and cardboard industry
104 A801 Fabrication of paper pulp
105 A802 Manufacture of paper and cardboard
106 A803 Finished goods of paper and cardboard
107 A810 Printing, publishing and photographic laboratories
108 A811 Printing and publishing
109 A812 Photographic laboratories
Commercial Services
110 A820 Laundries, bleaching services and dyers
111 A830 Business enterprise
112 A840 Transport, automobile dealers and repair facilities
113 A841 Automobile dealers and automobile repair facilities
114 A842 Transportation
115 A850 Hotels, cafés and restaurants
General Services
116 A860 Health
117 A861 Health (hospitals, medical centres, nursing homes and laboratories)
118 A870 Research
119 A871 Research (including research laboratories)
120 A880 Administrative activities, offices
Households
121 A890 Households
Pollution Control — Waste Disposal
122 A900 Cleaning and maintenance of public areas
123 A910 Urban water treatment facilities
124 A920 Urban waste treatment
125 A930 Treatment of industrial effluents and waste
126 A931 Incineration
127 A932 Physico-chemical treatment
128 A933 Biological treatment
129 A934 Solidification of waste
130 A935 Collection or pre-treatment of waste
131 A936 Landbased disposal above, on or below the surface
Regeneration — Recovery
132 A940 Regeneration activities
133 A941 Regeneration of oils
134 A942 Regeneration of solvents
135 A943 Regeneration of ion exchange resins
136 A950 Recovery activities

SCHEDULE 12

(Clause 78(1)(a)(iii)(I) and Schedules 3 and 4)

PART 1
Hazardous Waste and Hazardous Recyclable Material from Non-Specific Sources
Item

Column 1

Code

Column 2

Description of Hazardous Waste and Hazardous Recyclable Material
1 F001 The following spent halogenated solvents used in degreasing: tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1 trichloroethane, carbon tetrachloride and chlorinated fluorocarbons; all spent solvent mixtures and blends used in degreasing containing, before use, a total of 10% or more (by volume) of one or more of the above halogenated solvents or those solvents listed as F002, F004 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures.
2 F002 The following spent halogenated solvents: tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1 trichloroethane, chlorobenzene, 1,1,2 trichloro 1,2,2 trifluoroethane, ortho dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane; all spent solvent mixtures and blends containing, before use, a total of 10% or more (by volume) of one or more of the above halogenated solvents or those listed as F001, F004 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures.
3 F003 The following spent non-halogenated solvents: xylenes, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n butyl alcohol, cyclohexanone and methanol; all spent solvent mixtures and blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures and blends containing, before use, one or more of the above spent non-halogenated solvents, and a total of 10% or more (by volume) of one or more of those solvents listed as F001, F002, F004 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures.
4 F004 The following spent non-halogenated solvents: cresols, cresylic acid and nitrobenzene; all spent solvent mixtures and blends containing, before use, a total of 10% or more (by volume) of one or more of the above spent non-halogenated solvents or those solvents listed as F001, F002 or F005; and still bottoms from the recovery of those spent solvents and spent solvent mixtures.
5 F005 The following spent non-halogenated solvents: toluene, methyl ethyl ketone, carbon disulphide, isobutanol, pyridine, benzene, 2-ethoxyethanol and 2-nitropropane; all spent solvent mixtures and blends containing, before use, a total of 10% or more (by volume) of one or more of the above spent non-halogenated solvents or those solvents listed as F001, F002 or F004; and still bottoms from the recovery of those spent solvents and spent solvent mixtures.
6 F006 Wastewater treatment sludges from electroplating operations except for the following processes: (1) sulphuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (on a segregated basis) on carbon steel; (4) aluminum or aluminum zinc plating on carbon steel; (5) cleaning or stripping associated with tin, zinc or aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum.
7 F007 Spent cyanide plating bath solutions from electroplating operations.
8 F008 Plating bath sludge from the bottom of plating baths from electroplating operations if cyanides are used in the process.
9 F009 Spent stripping and cleaning bath solutions from electroplating operations if cyanides are used in the process.
10 F010 Quenching bath sludge from oil baths from metal heat treating operations if cyanides are used in the process.
11 F011 Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.
12 F012 Quenching wastewater treatment sludge from metal heat treating operations if cyanides are used in the process.
13 F019 Wastewater treatment sludge from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing if the phosphating is an exclusive conversion coating process.
14 F020 Waste from the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tri- or tetrachlorophenol or of intermediates used to produce their pesticide derivatives, excluding wastewater and spent carbon from hydrogen chloride purification and waste from the production of hexachlorophene from highly purified 2,4,5-trichlorophenol.
15 F021 Waste from the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of pentachlorophenol or of intermediates used to produce its derivatives, excluding wastewater and spent carbon from hydrogen chloride purification.
16 F022 Waste from the manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tetra-, penta- or hexachlorobenzenes under alkaline conditions, excluding wastewater and spent carbon from hydrogen chloride purification.
17 F023 Waste from the production of material on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tri- and tetrachlorophenols, excluding wastewater and spent carbon from hydrogen chloride purification and waste from equipment used only for the production or use of hexachlorophene from highly purified 2,4,5-trichlorophenol.
18 F024 Process waste, including distillation residues, heavy ends, tars and reactor clean-out waste from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes, the chlorinated aliphatic hydrocarbons being those having carbon chain lengths ranging from 1 to 5, with varying amounts and positions of chlorine substitution, and excluding wastewaters, wastewater treatment sludge, spent catalysts and waste set out in this Schedule.
19 F025 Condensed light ends, spent filters and filter aids, and spent desiccant waste from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes, the chlorinated aliphatic hydrocarbons being those having carbon chain lengths ranging from 1 to 5, with varying amounts and positions of chlorine substitution.
20 F026 Waste from the production of material on equipment previously used for the manufacturing use (as a reactant, chemical intermediate or component in a formulating process) of tetra-, penta- or hexachlorobenzene under alkaline conditions, excluding wastewater and spent carbon from hydrogen chloride purification.
21 F027 Discarded unused formulations containing tri-, tetra- or pentachlorophenol or discarded unused formulations containing compounds derived from those chlorophenols, excluding formulations containing hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component.
22 F028 Residues resulting from incineration or treatment of soil contaminated with waste listed as F020, F021, F022, F023, F026 or F027.
23 F032 Wastewaters, spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations, process residuals and preservative drippage, except wastewaters that have not come into contact with process contaminants, spent formulations that potentially cross-contaminated waste from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives, and bottom sediment sludge listed in Part 2 as K001.
24 F034 Wastewaters, process residuals, preservative drippage and spent formulations from wood preserving processes generated at plants that use creosote formulations, excluding bottom sediment sludge listed in Part 2 as K001 and wastewaters that have not come into contact with process contaminants.
25 F035 Wastewaters, process residuals, preservative drippage and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium, excluding bottom sediment sludge listed in Part 2 as K001 and wastewaters that have not come into contact with process contaminants.
26 F037 Petroleum refinery primary oil, water and solids separation sludge; sludge generated from the gravitational separation of oil, water and solids during the storage or treatment of process wastewaters and oil cooling wastewaters from petroleum refineries, including those generated in oil, water and solids separators, tanks and impoundments, ditches and other conveyances, sumps and stormwater units receiving dry weather flow; sludge generated in stormwater units that do not receive dry weather flow; sludge generated from non-contact once-through cooling waters segregated for treatment from other processes or oily cooling waters; sludge generated in biological treatment units that employ one of the following treatment methods: activated sludge, trickling filter, rotating biological contactor for the continuous accelerated biological oxidation of wastewaters, or high-rate aeration (including sludge generated in one or more additional units after wastewaters have been treated in biological treatment units). Waste listed in Part 2 as K051 is excluded.
27 F038 Petroleum refinery secondary (emulsified) oil, water and solids separation sludge; sludge or float generated from the physical or chemical separation of oil, water and solids in process wastewaters and oily cooling wastewaters from petroleum refineries, including sludge and floats generated in induced air flotation (IAF) units, tanks and impoundments, and in dissolved air flotation (DAF) units; sludge generated in stormwater units that do not receive dry weather flow; sludge generated from non-contact once-through cooling waters segregated for treatment from other processes or oily cooling water; sludge and float generated in biological treatment units that employ one of the following treatment methods: activated sludge, trickling filter, rotating biological contactor for the continuous accelerated biological oxidation of wastewaters, or high-rate aeration (including sludge and float generated in one or more additional units after wastewaters have been treated in a biological treatment unit). Waste listed as F037, or in Part 2 as K048 or K051, is excluded.
28 F039 Leachate (liquids that percolated through land disposed waste) resulting from the disposal of more than one waste classified as a hazardous waste by being included in this Schedule.
PART 2
Hazardous Waste and Hazardous Recyclable Material from Specific Sources
Item

Column 1

Code

Column 2

Description of Hazardous Waste and Hazardous Recyclable Material
Wood Preservation
1 K001 Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote or pentachlorophenol or both.
Inorganic Pigments
2 K002 Wastewater treatment sludge from the production of chrome yellow and orange pigments.
3 K003 Wastewater treatment sludge from the production of molybdate orange pigments.
4 K004 Wastewater treatment sludge from the production of zinc yellow pigments.
5 K005 Wastewater treatment sludge from the production of chrome green pigments.
6 K006 Wastewater treatment sludge from the production of chromeoxide green pigments (anhydrous and hydrated).
7 K007 Wastewater treatment sludge from the production of iron blue pigments.
8 K008 Oven residue from the production of chromeoxide green pigments.
Organic Chemicals
9 K009 Distillation bottoms from the production of acetaldehyde from ethylene.
10 K010 Distillation side cuts from the production of acetaldehyde from ethylene.
11 K011 Bottom stream from the wastewater stripper in the production of acrylonitrile.
12 K013 Bottom stream from the acetonitrile column in the production of acrylonitrile.
13 K014 Bottoms from the acetonitrile purification column in the production of acrylonitrile.
14 K015 Still bottoms from the distillation of benzylchloride.
15 K016 Heavy ends or distillation residues from the production of carbon tetrachloride.
16 K017 Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.
17 K018 Heavy ends from the fractionation column in ethyl chloride production.
18 K019 Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.
19 K020 Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.
20 K021 Aqueous spent antimony catalyst waste from fluoromethanes production.
21 K022 Distillation bottom tars from the production of phenol and acetone from cumene.
22 K023 Distillation light ends from the production of phthalic anhydride from naphthalene.
23 K024 Distillation bottoms from the production of phthalic anhydride from naphthalene.
24 K025 Distillation bottoms from the production of nitrobenzene by the nitration of benzene.
25 K026 Stripping still tails from the production of methyl ethyl pyridines.
26 K027 Centrifuge and distillation residues from toluene diisocyanate production.
27 K028 Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1 trichloroethane.
28 K029 Waste from the product stream stripper in the production of 1,1,1 trichloroethane.
29 K030 Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene.
30 K083 Distillation bottoms from aniline production.
31 K085 Distillation or fractionating column bottoms from the production of chlorobenzenes.
32 K093 Distillation light ends from the production of phthalic anhydride from ortho-xylene.
33 K094 Distillation bottoms from the production of phthalic anhydride from ortho-xylene.
34 K095 Distillation bottoms from the production of 1,1,1 trichloroethane.
35 K096 Heavy ends from the heavy ends columns from the production of 1,1,1 trichloroethane.
36 K103 Process residues from aniline extraction from the production of aniline.
37 K104 Combined wastewater streams from nitrobenzene and aniline production.
38 K105 Separated aqueous stream from the reactor product washing step in the production of chlorobenzene.
39 K107 Column bottoms from product separation from the production of 1,1-dimethyl-hydrazine (UDMH) from carboxylic acid hydrazines.
40 K108 Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.
41 K109 Spent filter cartridges from product purification from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides.
42 K110 Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.
43 K111 Product washwaters from the production of dinitrotoluene via nitration of toluene.
44 K112 Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene.
45 K113 Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.
46 K114 Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.
47 K115 Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.
48 K116 Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine.
49 K117 Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene.
50 K118 Spent adsorbent solids from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.
51 K136 Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.
52 K140 Floor sweepings, off-specification product and spent filter media from the production of 2,4,6-tribromophenol.
53 K149 Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, ring- chlorinated toluenes, benzoyl chlorides and compounds with mixtures of those functional groups, excluding still bottoms from the distillation of benzyl chloride.
54 K150 Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides and compounds with mixtures of those functional groups.
55 K151 Wastewater treatment sludge generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides and compounds with mixtures of those functional groups, excluding neutralization and biological sludge.
56 K156 Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates and decantates) from the production of carbamates and carbamoyl oximes, excluding waste generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.
57 K157 Wastewaters (including scrubber waters, condenser waters, washwaters and separation waters) from the production of carbamates and carbamoyl oximes, excluding waste generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.
58 K158 Bag house dusts and filter or separation solids from the production of carbamates and carbamoyl oximes, excluding waste generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.
59 K159 Organics from the treatment of thiocarbamate waste.
60 K161 Purification solids (including filtration, evaporation and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts, excluding substances listed as K125 or K126.
Inorganic chemicals
61 K071 Brine purification sludge from the mercury cell process in chlorine production if separately prepurified brine is not used.
62 K073 Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production.
63 K106 Wastewater treatment sludge from the mercury cell process in chlorine production.
Pesticides
64 K031 By-product salts generated in the production of monosodium acid methanearsonate (MSMA) and cacodylic acid.
65 K032 Wastewater treatment sludge from the production of chlordane.
66 K033 Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane.
67 K034 Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane.
68 K035 Wastewater treatment sludge from the production of creosote.
69 K036 Still bottoms from toluene reclamation distillation in the production of disulfoton.
70 K037 Wastewater treatment sludge from the production of disulfoton.
71 K038 Wastewater from the washing and stripping of phorate production.
72 K039 Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate.
73 K040 Wastewater treatment sludge from the production of phorate.
74 K041 Wastewater treatment sludge from the production of toxaphene.
75 K042 Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5 T.
76 K043 2,6 Dichlorophenol waste from the production of 2,4 D.
77 K097 Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.
78 K098 Untreated process wastewater from the production of toxaphene.
79 K099 Untreated wastewater from the production of 2,4 D.
80 K123 Process wastewater, including supernates, filtrates and washwaters, from the production of ethylenebisdithiocarbamic acid and its salts.
81 K124 Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts.
82 K125 Filtration, evaporation and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts.
83 K126 Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts.
84 K131 Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide.
85 K132 Spent absorbent and wastewater separator solids from the production of methyl bromide.
Explosives
86 K044 Wastewater treatment sludge from the manufacturing and processing of explosives.
87 K045 Spent carbon from the treatment of wastewater containing explosives.
88 K046 Wastewater treatment sludge from the manufacturing, formulation and loading of lead based initiating compounds.
89 K047 Pink and red water from the production of TNT.
Petroleum refining
90 K048 Dissolved air flotation (DAF) float from the petroleum refining industry.
91 K049 Slop oil emulsion solids from the petroleum refining industry.
92 K050 Heat exchanger bundle cleaning sludge from the petroleum refining industry.
93 K051 American Petroleum Institute (API) separator sludge from the petroleum refining industry.
94 K052 Tanks bottoms (leaded) from the petroleum refining industry.
95 K169 Crude oil storage tank sediment from refining petroleum.
96 K170 Clarified slurry oil tank sediment and in-line filter or separation solids from refining petroleum.
97 K171 Spent hydrotreating catalyst from refining petroleum, including guard beds used to desulfurize feeds to other catalytic reactors, excluding inert support media.
98 K172 Spent hydrorefining catalyst from refining petroleum, including guard beds used to desulfurize feeds to other catalytic reactors, excluding inert support media.
Iron and steel
99 K061 Emission control dust and sludge from the primary production of steel in electric furnaces.
100 K062 Spent pickle liquor from steel finishing operations of facilities within the iron and steel industry at steel works, blast furnaces (including coke ovens), rolling mills, iron and steel foundries, gray and ductile iron foundries, malleable iron foundries, steel investment foundries or other miscellaneous steel foundries, or at facilities in the electrometallurgical products (except steel) industry, steel wiredrawing and steel nails and spikes industry, coldrolled steel sheet, strip and bars industry or steel pipes and tubes industry.
Primary copper
101 K064 Acid plant blowdown slurry and sludge resulting from the thickening of blowdown slurry from primary copper production.
Primary lead
102 K065 Surface impoundment solids contained in and dredged from surface impoundments at primary lead smelting facilities.
Primary zinc
103 K066 Sludge from treatment of process wastewater and acid plant blowdown from primary zinc production.
Primary aluminum
104 K088 Spent potliners from primary aluminum reduction.
Ferroalloys
105 K090 Emission control dust or sludge from ferrochromiumsilicon production.
106 K091 Emission control dust or sludge from ferrochromium production.
Secondary lead
107 K069 Emission control dust and sludge from secondary lead smelting.
108 K100 Waste leaching solution from acid leaching of emission control dust and sludge from secondary lead smelting.
Veterinary pharmaceuticals
109 K084 Wastewater treatment sludge from the production of veterinary pharmaceuticals from arsenic or organo arsenic compounds.
110 K101 Distillation tar residues from the distillation of aniline based compounds in the production of veterinary pharmaceuticals from arsenic or organo arsenic compounds.
111 K102 Residue from the use of activated carbon for decolourization in the production of veterinary pharmaceuticals from arsenic or organo arsenic compounds.
Ink formulation
112 K086 Solvent washes and sludge, caustic washes and sludge or water washes and sludge from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps and stabilizers containing chromium and lead.
Coking
113 K060 Ammonia still lime sludge from coking operations.
114 K087 Decanter tank tar sludge from coking operations.
115 K141 Process residues from the recovery of coal tar, including collecting sump residues from the production of coke from coal and the recovery of coke by-products produced from coal, excluding waste listed as K087.
116 K142 Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal.
117 K143 Process residues from the recovery of light oil, including those generated in stills, decanters and wash oil recovery units from the recovery of coke by-products produced from coal.
118 K144 Wastewater sump residues from light oil refining, including intercepting or contamination sump sludge from the recovery of coke by-products produced from coal.
119 K145 Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal.
120 K147 Tar storage tank residues from coal tar refining.
121 K148 Residues from coal tar distillation, including still bottoms.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In Canada, the responsibility for managing and reducing waste is shared among federal, provincial, territorial, and municipal governments. The three current federal regulations governing the transboundary movement of hazardous waste and hazardous recyclable material have a number of issues that affect their efficient administration. These issues include

Background

Under the authorities provided by the Canadian Environmental Protection Act, 1999 (CEPA), the federal government controls international and interprovincial movements of hazardous waste and hazardous recyclable material, as well as releases of substances listed as toxic under Schedule 1. Provincial and territorial governments regulate waste and recyclable material management facilities and operations, while municipal governments manage the collection, recycling, composting, and disposal of household waste.

Under the authorities provided by CEPA, the Department of the Environment (the Department) currently administers three regulations controlling the transboundary movement of hazardous wastes and hazardous recyclable materials. These regulations are

These regulations aim to ensure that shipments of hazardous waste and hazardous recyclable material crossing Canada's international and interprovincial or territorial borders reach the intended destination to reduce releases of contaminants to the environment, in Canada and abroad. They also contribute to Canada's ability to meet its obligations under international agreements respecting the management and international movement of hazardous waste and hazardous recyclable material. These agreements are

The Export and Import Regulations establish a permitting regime through which Canada obtains consent from the importing and transit countries for exports from Canada, as well as from the provincial or territorial jurisdiction for imports into Canada. In 2018, the Department completed 2 128 notices for proposed imports, exports and transits of hazardous waste and hazardous recyclable material. The notices received covered 29 369 waste streams, which exhibited a range of hazardous properties such as being flammable, acutely toxic, oxidizing, corrosive, dangerously reactive and environmentally hazardous. From these permits, 32 765 individual transboundary shipments of hazardous waste and hazardous recyclable material were reported in movement documents received by the Department, compared to 31 759 in 2017, which represents an increase of about 3%. In 2018, the quantity of hazardous waste and hazardous recyclable material imported in Canada was 388 289 tonnes (t) and the quantity exported from Canada was 378 315 t. Ninety-six percent of these movements were between Canada and the U.S.

The Interprovincial Movement Regulations control the movement of hazardous waste between provinces and territories by prescribing the use of a movement document (also called a manifest). On average, 19 800 manifest documents are completed annually in relation to such movements.

The PCB Waste Export Regulations establish controls on the export of waste containing polychlorinated biphenyls (PCBs) in concentrations of 50 milligrams per kilogram (mg/kg) or more. Export is permitted only for thermal or chemical destruction in authorized facilities located in the U.S. The export of PCBs to countries other than the U.S. is prohibited. However, since July 1997, the U.S. has prohibited the import of waste containing PCBs in concentrations of 2 mg/kg or more unless specific conditions are met. Therefore, there are currently no exports from Canada of waste containing PCBs.

The Transportation of Dangerous Goods Regulations (TDGR) are a set of rules that prescribe safety standards and shipping requirements for thousands of different dangerous goods and establish criteria for dangerous goods, such as flammability or corrosivity, which are set out in Part 2 of the TDGR. The three current regulations governing the movement of hazardous waste and hazardous recyclable material, as well as the final Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (the Regulations) reference these criteria as one of the conditions for a waste or material being considered hazardous. This means any waste or material that meets the criteria set out in Part 2 of TDGR would be considered hazardous.

The Canadian Notice and Movement Tracking System (CNMTS) is the database and management system that supports the Department in the administration of these regulations for international movements. The CNMTS is currently being updated to improve the management of permit applications, interactions with applicants, the issuance of permits, and movement tracking of international shipments. Updates will also include a new feature that will allow the system to generate movement documents for interprovincial movements. The notices and permit module of the CNMTS was launched in June 2018, and the core movement tracking/movement document module was launched in September 2019. Another update is expected as part of the implementation of the Regulations.

Objective

The Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (the Regulations) aim to

Description

The Regulations will repeal and replace the Export and Import Regulations, the Interprovincial Movement Regulations, and the PCB Waste Export Regulations. Although the Regulations will maintain the core permitting and movement tracking requirements of the former regulations, regulatory provisions will be amended to ensure greater clarity and consistency of the regulatory requirements.

Changes for efficient implementation of an electronic system to track movements

The current regulatory provisions pertaining to movement tracking limit the ability to use modern technologies to track shipments through electronic means. These provisions focus on the completion of a paper copy of the movement document (i.e. a form) that is passed from one person to the next, with each person filling in their relevant information on the paper form, in a linear manner. The form is currently prescribed in the Export and Import Regulations and the regulatory provisions prescribe how the form is passed on from one person to the other. The Regulations provide flexibility for the electronic tracking of movements by no longer prescribing the specific form required for tracking shipments of hazardous waste and hazardous recyclable material, but rather specify the information required and the distribution of that information.

Changes to the definitions of hazardous waste and hazardous recyclable material

With respect to interprovincial movements, the definitions for hazardous waste and hazardous recyclable material will be aligned with those for international movements. In addition, changes to these definitions will ensure a more consistent application of regulatory provisions for all types of transboundary movements and will better align definitions with other jurisdictions and international agreements. These changes are listed below.

Application of UN numbers

The final Regulations maintain the requirement in the current regulations for a UN numberfootnote 10 on the notification and movement documents for any hazardous waste or hazardous recyclable material only if it meets the criteria in Part 2 of the TDGR. In the case where there is no UN number, the abbreviation "n/a" (not applicable) will be used.

The proposed Regulations included a requirement to use generic UN numbers 3077 and 3082 for any hazardous waste or hazardous recyclable material even if it did not meet the criteria in Part 2 of the TDGR and, therefore, did not have another applicable UN number. The application of the generic UN numbers results in the hazardous waste or hazardous recyclable material being subject to the TDGR requirements. The final Regulations maintain the status quo and avoid triggering application of the TDGR requirements for substances that would not otherwise be considered dangerous goods.

Batteries

Batteries are not currently listed as hazardous under the Export and Import Regulations and must meet other criteria to fall under the definitions for hazardous waste or hazardous recyclable material. Some types of batteries are clearly covered by the definitions; however, for some other types, it is not as clear. The Regulations clarify that all types of batteries (i.e. rechargeable and non-rechargeable) being shipped internationally or interprovincially are captured by listing batteries in the definitions of hazardous waste and hazardous recyclable materials. In order to support domestic battery recycling programs, the final Regulations include an exclusion from the definition of hazardous recyclable materials for batteries that are moved interprovincially and destined for recycling and that do not meet the criteria for Classes 2 to 6, 8, and 9 of the TDGR. Batteries destined for disposal within Canada, as well as batteries shipped internationally for both disposal and recycling, will be captured.

Electrical and electronic equipment

Electrical and electronic equipment (EEE) is not currently listed as hazardous under the Export and Import Regulations and must meet other criteria to fall under the definitions for hazardous waste or hazardous recyclable material, which can be difficult to ascertain. The Regulations will clearly designate "circuit boards and display devices and any equipment that contains them" to be a hazardous waste or hazardous recyclable material controlled when destined for specific disposal or recycling operations. The Regulations will maintain the exclusion currently under the Export and Import Regulations for this type of hazardous recyclable material moving within OECD countries (including moving between provinces and territories in Canada).

Mercury

The current Regulations include an exclusion from the definitions of hazardous waste and hazardous recyclable material for waste or material that contains less than 50 ml of mercury per shipment. The Regulations will remove this small quantity exclusion for most shipments of hazardous waste and hazardous recyclable material containing mercury. Any waste or material containing any amount of mercury that meets the definitions of hazardous waste or hazardous recyclable material will be subject to the regulatory provisions for interprovincial movements for disposal and international movement for disposal or recycling. In order to support domestic recycling programs for end-of-life mercury-containing products, the exclusion from the definition of hazardous recyclable material for interprovincial shipments containing up to 50 ml of mercury will remain in the Regulations for end-of-use products destined for recycling within Canada.

Recycling operation R14

The Regulations will simplify and clarify recycling operation R14,footnote 11 which is now recycling operation RC1 in Part 2 of Schedule 1, by removing the words "use or re-use of a recyclable material." Under the current Regulations, this definition was too broad and captured more recyclable material than intended. As such, this change may result in some recyclable material no longer being defined as hazardous recyclable material and controlled. For example, a used material that is to be re-used directly in another process that is not listed as a recycling operation in the Regulations will no longer be captured. This change will further align regulatory provisions with international guidelines under the Basel Convention.

Residual quantities

The Regulations will add a new exclusion for waste or recyclable material that is to be transported in a container after the contents of that container have been removed to the maximum extent feasible and before the container is either refilled or cleaned of its residual content. This exclusion will clarify that such waste or recyclable material is not captured by the definitions of hazardous waste and hazardous recyclable material.

Toxicity characteristic leaching procedure

The Regulations will reference the toxicity characteristic leaching procedure (TCLP) in its entirety, requiring its application for all waste material being shipped internationally or interprovincially. This procedure is a standard test method used to evaluate the mobility of a number of contaminants that may be found in waste and recyclable material and, therefore, their potential for release. While making reference to the TCLP, the Export and Import Regulations exclude a step requiring that the size of particles in a sample be reduced to fit into the testing apparatus. In order to ensure that the method is used consistently, hazardous waste and hazardous recyclable material undergoing testing will need to be shredded to meet TCLP's specific particle size requirement.

Waste and recyclable material generated on ships

The Regulations will add a new exclusion to clarify that waste or recyclable material generated from the normal operations of a ship is not captured by the definitions of hazardous waste and hazardous recyclable material. This exclusion will further harmonize the Regulations with the Basel Convention (which excludes this waste) and the Canada Shipping Act, 2001 where this waste is already covered.

Changes regarding waste containing PCBs

The regulatory provisions for the export of waste containing PCBs will be streamlined and integrated into those for hazardous waste and hazardous recyclable material. This will include removing the partial prohibition on exports of waste containing PCBs in a concentration equal to or greater than 50 mg/kg to allow controlled exports beyond the U.S. Therefore, waste and recyclable material containing PCBs in a concentration equal to or greater than 50 mg/kg will be able to be exported to countries other than the U.S. provided a permit is obtained and all of the conditions of the Regulations are met.

Changes to improve permitting process

Consequential amendments

The Regulations will also make consequential amendments to the following regulations which reference one or more of the three current regulations:

Regulatory development

Consultation

Consultations prior to the publication of the proposed Regulations in the Canada Gazette, Part I (CG-I)

The Department has engaged stakeholders for over a decade on the development of the proposed Regulations. The Department has also engaged stakeholders on the development of the electronic system on a regular basis since 2014. A consultation document outlining the changes being considered was released for public comment in August 2017.footnote 12 The consultation period was highlighted on the Government of Canada websites and direct invitations were sent to about 800 known stakeholders, including industry, non-governmental organizations and other levels of government. Thirty-one sets of comments were received from industry stakeholders and association groups.

There was broad support expressed for the objectives of the proposed Regulations. A large proportion of comments received were related to the eventual implementation of the proposed Regulations, given the consolidation of regulations, the increased flexibility for movement tracking, the development of an electronic movement tracking system, the improved permitting process, as well as the harmonization of the definitions of hazardous waste and hazardous recyclable material between international and interprovincial movements. A complete summary of comments received prior to the publication of the proposed Regulations in CG-I with responses to those comments was made available on the Department's website at the same time as the proposed Regulations were published in CG-I.footnote 12

Consultations following the publication of the proposed Regulations in CG-I

The publication of the proposed Regulations in CG-I on December 15, 2018, initiated a 60-day comment period where interested parties were invited to submit their written comments. The proposed Regulations were posted on the Department's CEPA Environmental Registry website to make them broadly available to interested parties. The Department also distributed an email to interested parties to inform them of the formal consultation process. The Department received written input from federal partners and 19 external stakeholders (e.g. 9 companies, 8 industry associations, 2 provinces). The Department held four webinar information sessions from January 21 to 24, 2019. Approximately 54 stakeholders participated during these sessions representing industry, associations and 3 provinces.

In addition, the Department met with several stakeholders between May and August 2019 to clarify their CG-I written comments and obtain additional information.

Broad support for the objectives of the Regulations was reiterated by industry and association groups. A large proportion of comments were related to the eventual consolidation of existing regulations, the increased flexibility for movement tracking, the development of an electronic movement tracking system, the permitting process, as well as the harmonization of the definitions of hazardous waste and hazardous recyclable material between international and interprovincial movements.

Stakeholders were supportive of the consolidation of three regulations into one; improving alignment with the U.S. and OECD; integrating the new electronic system (CNMTS) and improving efficiencies for notifications and permit reviews; requiring less documentation to be submitted to the Department; and the updated definitions and exclusions. In addition, stakeholders supported the removal of the words "use or re-use of a recyclable material" in the recycling operation R14.

A few stakeholders raised minor concerns and issues regarding the proposed Regulations, which include the need for further clarity for terms, such as "authorized user," "registration number"; and increased confusion about notification requirements for return shipments. The Department has addressed these comments and concerns by providing detailed explanations to stakeholders or by making modifications to the regulatory text. In addition, some questions (e.g. what is meant by the terms "registration number" and "authorized carrier" as stated in the proposed Regulations) raised by stakeholders will be addressed through regulatory guidance.

The following subsections summarize the issues raised by interested parties with respect to the proposed Regulations and the Department's consideration of these issues in the development of the Regulations.

Summary of comments and responses
Application of the List of Hazardous Substances to interprovincial movements

Comment: A few stakeholders raised concerns regarding the application of the List of Hazardous Substances in the definition of hazardous waste and hazardous recyclable material and raised concerns about broadening the scope for interprovincial movements.

Response: The Department will maintain Schedule 7 of the Regulations as a set of criteria for the definition of hazardous waste and hazardous recyclable material for interprovincial movements to better align the definition for international and interprovincial movements.

The Department will consider the substances listed within this Schedule, as well as their concentration thresholds as part of future work to review the Regulations.

Applicable UN number — clarification

Comment: Stakeholders raised concerns about expectations to classify the wastes or recyclable materials for returns, in particular the term "applicable" referring to the UN number for hazardous waste or hazardous recyclable material being returned. They felt further clarity is needed to limit confusion. Stakeholders could interpret "applicable" as the original UN number, class and codes specified in cross-border permits or as the appropriate UN number, class and codes that are used to identify hazardous waste and hazardous recyclable material.

Response: The term "applicable" refers to the appropriate UN number for the hazardous waste or hazardous recyclable material and not necessarily the UN number of the original permit, which may have been incorrect. If it was misclassified in the original notification, then it has to be correctly classified for the return (using different UN numbers than the original export/import). The clarification will be included in compliance promotion material.

Batteries

Comment: Several stakeholders raised concerns about the inclusion of household batteries (alkaline, carbon-zinc) within Schedule 6 of the proposed Regulations, capturing them within the scope of the definitions of hazardous waste and hazardous recyclable material. Stakeholders indicated the proposed change would increase compliance and administrative costs and make battery collection programs less effective.

Response: The Department has reviewed the stakeholders' statements in regards to the additional costs and impact on recycling programs within Canada and has revised the approach for batteries in the definitions of hazardous recyclable materials in order to facilitate the recycling of batteries and their diversion from disposal. The listing of batteries within the definitions of hazardous waste and hazardous recyclable material in the Regulations will be included as originally proposed. However, the Regulations will have an exclusion for batteries that do not meet the criteria for dangerous goods as set out in Part 2 of TDGR and are moved interprovincially and destined for a recycling operation within Canada. All batteries being shipped internationally or interprovincially and destined for disposal will be captured within the definition.

Clerical errors — notification

Comment: The proposed Regulations required a new notification for any changes in information on a permit, with the exception of clerical errors. Several stakeholders requested clarification of the term "clerical errors."

Response: The Department removed the term "clerical errors" to allow for flexibility and to address administrative situations where a new or revised permit could be issued. It is expected that, in many cases, simple administrative changes to the notification (e.g. permit holder name, phone number, email address or company address) may be possible. Further clarifications will be provided in compliance promotion material.

A modification to the port of entry, authorized carrier, waste characterization, quantity or other essential information that requires approval from the competent authority would not constitute a clerical error and would require new notifications to be submitted by the permit holder. This will also be made clear in compliance promotion material.

Electrical and electrical equipment (EEE) waste

Comment: Several stakeholders objected to the listing of all printed circuit boards and products that contain them in Schedule 6 of the proposed Regulations, which results in all electronic products being captured as hazardous. Instead of listing printed circuit boards and display devices in Schedule 6, the stakeholders would prefer to link to hazardous characteristics, similar to the linkage to hazardous characteristics in the Basel Convention.

Stakeholders expressed concerns that listing all EEE waste as hazardous will affect their activities in other countries. Of particular concern was that other countries, including other parties of the Basel Convention, might consider taking the same approach (i.e. all EEE waste is hazardous) and possibly applying it to electronics going for repair, remanufacture or analysis.

Response: Given the limited impact on Canadian recycling activities and international concerns regarding the management of used EEE, the Department will maintain the listing as proposed. As well, the current exclusion under the Export and Import Regulations for this type of hazardous waste and hazardous recyclable material moving within OECD countries (including interprovincially in Canada) will be maintained.

Harmonization of definitions with other jurisdictions

Comment: Stakeholders expressed concerns that the updated definitions in the proposed Regulations do not address the inconsistencies between federal and provincial jurisdictions with respect to the classification of hazardous waste and hazardous recyclable materials.

Response: Under CEPA, the federal government controls international and interprovincial movements of hazardous waste and hazardous recyclable material, as well as releases of substances listed as toxic under Schedule 1. Provincial and territorial governments regulate waste and recyclable material management facilities and operations. As such, each jurisdiction determines what is considered a hazardous waste or hazardous recyclable material in their regulations. The Department took into consideration provincial and territorial definitions of hazardous waste and hazardous recyclable material, and harmonized them where possible. The Department will consider whether further changes are warranted during future reviews of the Regulations.

Mercury — removal of small quantity exclusion

Comment: Several stakeholders have expressed concerns that the proposal to remove the small quantity exclusion for mercury would result in a significant increase in materials that would be captured as hazardous and considered dangerous goods. Thus, the proposal will result in increased barriers to recycling these products, as well as unnecessary cost on industry, with minimal health or environmental benefit.

Response: The Department reconsidered and revised the approach for end-of-life mercury-containing products destined for recycling within Canada in order to facilitate the diversion of these end-of-life products from disposal towards environmentally sound recycling. In the Regulations, an exclusion has been included from the definition of hazardous recyclable for shipments of end-of-life mercury-containing products destined for recycling within Canada if the quantity of mercury is less than 50 ml per shipment. All international shipments of hazardous waste or hazardous recyclable material containing any amount of mercury that is sufficient to meet the definition, as well as interprovincial shipments destined for disposal, will be captured, as the small quantity exclusion will no longer apply.

Notification per shipment

Comment: Stakeholders raised concerns over paragraph 53(2)(b), which requires a notification per shipment that is returned to Canada. However, paragraph 5(b) of Schedule 3 — requiring the return to reference one movement document — implies that one notification is required per original movement.

Response: The Department has clarified in the Regulations that a notification is required for each return shipment to Canada or to the foreign exporting country when a shipment is not accepted or cannot be moved, disposed of or recycled in accordance with the permit. A notification will not be required for every original movement. A return shipment may include hazardous waste or hazardous recyclable material from more than one original shipment.

Registration numbers

Comment: Stakeholders expressed concern regarding the requirement to include a registration number on notification permits and movement documents given that permit holders are not always provided with a registration number by provincial authorities.

Response: In order to provide clarity, the Department has updated the requirements for a registration number in the Regulations to require a "unique identification number" issued by a government authority. A permit holder would have the flexibility to use any unique number, such as business number or a Canada Revenue Agency number to identify the company and/or facility.

Submission of movement documents for interprovincial shipments

Comment: Stakeholders would like to clarify that movement documents for movements within Canada are not required to be submitted to the CNMTS.

Response: The Regulations will not specify a movement document form, but rather the information that must be contained in the movement document. For interprovincial shipments, this required information includes a movement document reference number provided by either the Minister or a provincial authority. The CNMTS will provide movement document reference numbers for interprovincial movements and generate movement documents, which allows regulatees to print out a movement document that can then be completed as required by the given provincial regulations.

UN shipping codes for notifications and movement documents

Comment: Stakeholders have expressed concerns with the application of UN shipping codes UN 3077 and UN 3082 for hazardous waste and hazardous recyclable material that would not otherwise meet the definition of a dangerous good. The use of these generic UN numbers on movement documents for hazardous waste or hazardous recyclable material that do not have an applicable UN number would make this waste automatically subject to the TDGR requirements. This would put additional burden on regulatees for waste that would not otherwise be considered a dangerous good.

Response: The Department reconsidered and revised the approach for the use of UN numbers on notifications and movement document. The Regulations will only require UN numbers for hazardous waste or hazardous recyclable material that meet the criteria for a dangerous goods as set out in Part 2 of the TDGR. The use of the term "not applicable" will be used on the movement document when a UN number is not required.

Three-day limit to accept shipment

Comment: One stakeholder raised concerns about the requirement to complete and submit the movement document within three days, as they viewed this as accepting the waste or material and agreeing to the information on the movement document, such as the quantity of the waste. They indicated that acceptance of the waste or material within three days is logistically very difficult.

Response: The movement document is to be completed within three days of delivery and indicates a shipment has been delivered, but not necessarily accepted. Acceptance of the hazardous waste or hazardous recyclable material can happen up until the first disposal or recycling operation is completed, which is 12 months plus 30 days for confirmation of disposal/confirmation of recycling. In the event that the movement document information changes, the CNMTS and the Regulations allow permit holders to make modifications to the quantity of hazardous waste or hazardous recyclable material up to the point of the submission of the first confirmation of disposal or recycling.

Modern treaty obligations and Indigenous engagement and consultation

Indigenous groups were consulted prior to and during the development of the draft Regulations for CG-I. They were also informed of the opportunity to comment on the final Regulations and were invited to the discussion sessions, which took place in January 2019. The final Regulations are not expected to have an impact on Indigenous peoples, nor are they expected to have an impact on the rights protected by section 35 of the Constitution Act, 1982 or modern treaty obligations.

Instrument choice

In the absence of the Regulations, the three current regulations will continue to mitigate the release of contaminants during transboundary shipments of hazardous waste and hazardous recyclable material and ensure that they reach the intended destination to reduce releases of contaminants to the environment, in Canada and abroad. They also contribute to Canada's ability to meet its national and international commitments. However, a number of issues that currently affect the efficient administration of these regulations would persist.

Combining, updating and aligning the requirements of the three current federal regulations into one will improve the Department's ability to administer the current regulatory requirements. In addition, it allows the Department the flexibility required to implement the CNMTS database and management system, which will streamline reporting for industry stakeholders. The only way to achieve these objectives is through regulatory amendments.

Regulatory analysis

Benefits and costs

Following the alignment of the definitions, human and environmental exposure to hazardous goods may be reduced since the same waste and recyclable material will be considered hazardous under CEPA when moving between provinces and territories, as well as when moving internationally. Other clarifications to the definitions will ensure a more consistent application of regulatory provisions. In addition, the Regulations will help minimize environmental impacts outside Canada by ensuring that exported hazardous waste and hazardous recyclable material reach the intended disposal or recycling facilities. The present value of net compliance and administrative costs of the Regulations is estimated to be $1.44 million in 2019 Canadian dollars, discounted at 3% to 2020, over a 10-year period between 2021 and 2030.

Health, safety, and environmental benefits

Health, safety and environmental benefits will result from the alignment of the definitions of "hazardous waste" and "hazardous recyclable material" in provisions related to interprovincial and international movements. With the alignment of the definitions, additional waste and recyclable material will be considered hazardous when moving between provinces and territories.

Health and environmental benefits will result from the other adjustments to the definitions of hazardous waste and hazardous recyclable material. The clarifications related to the EEE, batteries, the TCLP and waste and recyclable material containing small quantities of mercury will ensure a more consistent application of the regulatory provisions related to exports and imports of waste and recyclable material that meet those criteria.

The Regulations will also provide assurances that importing jurisdictions consent to Canadian exports of such waste and recyclable material and that they are received at authorized recycling or disposal facilities. Environmental benefits relating to the designated EEE will also accrue outside Canada, particularly in non-OECD member countries. Specifically, the Regulations will minimize the potential for environmental damages that may occur from the mismanagement of the Canadian-sourced EEE destined for disposal or recycling in these countries by ensuring that the importing country consents to the movement and that the shipment reaches the intended authorized facility.

Compliance costs to industry

The Regulations will impose compliance costs on industry due to the additional interprovincial/territorial shipments that will be regulated. It is expected that each exporter, importer and carrier undertaking regulated activities would incur costs related to increased electronic storage needs due to a longer document retention requirements and the overall increase of movement documents to be retained. This would represent an estimated upfront cost of $200 per business. Total compliance costs are estimated to be about $53,000 in 2019 Canadian dollars, discounted at 3% to 2020, over a 10-year period between 2021 and 2030.

The Regulations will also result in cost savings due to the change in the wording of recycling operation RC1 (previously R14). It is estimated that this change will lead to 500 fewer shipments being subject to the Regulations per year, leading to cost savings of about $110,000 in 2019 Canadian dollars, discounted at 3% to 2020, over a 10-year period between 2021 and 2030.

The present value of net compliance cost savings of the Regulations are expected to be $57,000 in 2019 Canadian dollars, discounted at 3% to 2020, over a 10-year period between 2021 and 2030.

Compliance cost estimates have been updated from those published in CG-I to reflect the revised approach to the use of UN numbers on notifications and movement documents. The final Regulations maintain the status quo with respect to the use of UN numbers, which thus avoids significant incremental costs associated with insurance required when shipping dangerous goods.

Administrative costs to industry

The Regulations will impose incremental administrative costs on industry attributable to the completion of additional movement documents for interprovincial movements of waste and hazardous recyclable material. Provincial and territorial authorities that are using a tracking system would achieve small savings if they decided not to request movement document information. The present value of administrative costs of the Regulations are expected to be $1.57 million in 2019 Canadian dollars, discounted at 3% to 2020, over a 10-year period between 2021 and 2030. See the one-for-one rule section below for further details.

Government costs and savings

The Regulations will result in a decrease in costs to Government. The Department will review up to 300 fewer notifications per year and track approximately 500 fewer international shipments per year, which represent respectively reductions of about $71,000 and $6,000 in 2019 Canadian dollars, discounted at 3% to 2020, over a 10-year period between 2021 and 2030. The development of an electronic system for permitting and tracking movements has been completed in parallel with this regulatory initiative. Costs have already been incurred for this multi-year project, and therefore have not been included in this analysis. The Regulations will continue to require significant enforcement activities, such as inspections, sampling, report verification, assessment, and investigations. However, the costs associated with these activities will be the same as the costs for the three current regulations, and therefore, have not been included in this analysis.

Small business lens

It is expected that 278 companies will be affected by the Regulations, 264 of which would be considered small businesses or 94% of the sector. For these small businesses, the Regulations are expected to result in incremental compliance and administrative costs of $180,200 in average annualized costs, that is, $683 per small business. This is due to additional operational costs, such as completing movement documents, and transportation and insurance requirements.

The Regulations do not provide specific flexibilities to small businesses, such as exceptions. Such a scenario could introduce risks to Canadians and the environment associated with the transboundary movement of hazardous waste and hazardous recyclable material. In addition, further flexibilities could undermine Canada's ability to meet its international commitments. However, to help minimize the administrative burden on businesses, including small businesses, the Regulations establish exclusions for certain hazardous waste materials destined for recycling within Canada (e.g. batteries) to encourage recycling companies to continue their operations and divert these shipments from ending up in landfills.

One-for-one rule

The one-for-one rule applies, as a new regulatory title is being introduced and the Regulations would result in an incremental increase in administrative burden on businesses.

The Regulations repeal three existing regulations and replace them with one new regulatory title, which results in a net decrease of two regulatory titles. The Regulations will repeal, combine and update the requirements of the Export and Import Regulations, the Interprovincial Movement Regulations, and the PCB Waste Export Regulations into one regulatory title.

The alignment of various requirements will increase the overall burden on businesses, including small businesses, by $104,000 in average annualized costs. The average administrative cost per business will be approximately $374 per business.footnote 13

The main driver of increased administrative costs will be an increase in movement documents required to be completed by consignors and carriers for interprovincial movements. It is estimated that both consignors and carriers will have to complete 6 000 more documents annually, with each document requiring up to 15 minutes to complete with the electronic system. The Department revised the estimated costs to businesses to reflect the information received from stakeholders following publication of the proposed Regulations in CG-I, as well as more recent data that indicated that, on average, there are 19 800 interprovincial movements rather than 7 000.

Regulatory cooperation and alignment

The Department has been working closely with the U.S. Environmental Protection Agency (U.S. EPA) since regulatory provisions on movement of waste were first put into place several decades ago. Over time, efforts have been made to harmonize requirements to the extent possible given the different regulatory contexts in Canada and the U.S. These amendments help fulfill Canada's obligations as a party to the Basel Convention. The Regulations continue to contribute to the regulatory alignment with the U.S. by reducing regulatory differences in terms of the waste that is controlled and the processes by which this is done. In an effort to streamline permit applications, speed up permit issuance, and further harmonize with the U.S. EPA program, the Regulations will no longer allow requests for permit amendments.

Cooperation with the U.S. will continue through the regulatory implementation process. Regular and frequent engagement with U.S. EPA occurs as applications are processed and permits issued. In addition, efforts to increase linkages between electronic systems and alleviate administrative burden for governments and industry on both sides of the border are also being made. This includes work underway to update the electronic node that allows data exchange between Canada and the U.S. to facilitate implementation of the Regulations, once they come into effect.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required given the conclusion that no significant environmental impacts are expected.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified in association with the Regulations.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations will come into force on October 31, 2021. A period of approximately six months between the final publication of the Regulations and the coming into force will allow industry to familiarize themselves with the regulatory requirements and to obtain necessary permits for any newly regulated waste or material. This timing will also allow sufficient time to process permit applications under the current Export and Import Regulations and update the electronic system to align with the final Regulations.

Permits issued under the current Regulations will be grandfathered in so that movements of hazardous waste and hazardous recyclable material under those permits, and their disposal or recycling, will continue to be subject to the current Export and Import Regulations after the coming into force of the new Regulations. The delay in implementation between the final publication and the coming into force of the Regulations will provide a transition period. During this transition period, applications for permits will stop being processed under the current Export and Import Regulations and will only be processed under the new Regulations to ensure regulatees have the required permits when the Regulations take effect. Regulatees will be notified of this date sufficiently in advance of it taking effect.

Compliance promotion materials and activities will focus on highlighting changes for existing permit holders, potential new regulated companies, and for other key stakeholders, such as municipalities, transportation companies, and trade associations. Compliance promotion tools could include a combination of the following: frequently asked questions, information sheets, website notifications, leveraging communication opportunities with trade associations, and direct mail outs to Canadian export companies.

Compliance and enforcement

The Regulations will be made under CEPA; therefore, enforcement officers will, when verifying compliance with the Regulations, apply the Compliance and Enforcement Policy for CEPA.footnote 14 The Policy sets out the range of possible enforcement responses to alleged violations. Following an inspection or investigation, when an enforcement officer discovers an alleged violation, the officer would choose the appropriate enforcement action based on the Policy.

Service standards

The Regulations will not have an impact on existing service standards and performance indicators for issuing permits (they will remain the same as those outlined under the previous regulations).footnote 15

Contacts

Nathalie Perron
Director
Waste Reduction and Management Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 9th Floor
Gatineau, Quebec
K1A 0H3
Email: ec.drgd-wrmd.ec@canada.ca

Matthew Watkinson
Director
Regulatory Analysis and Valuation Division
Environment and Climate Change Canada
Fontaine Building
200 Sacré-Cœur Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.darv-ravd.ec@canada.ca