Basel Convention

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CANADA




Status of Ratification/Accession/Acceptance/Approval:

28.08.1992 (r)

Ratification of the Amendment to the Basel Convention:

Not yet as of 20.11.2002






Competent Authority







Focal Point





Chief, Transboundary Movement Branch,

Toxic Pollution Prevention Directorate, Environmental Protection Service,

Environment Canada

351 St.-Joseph Blvd., 12th Floor,

Hull, Québec, K1A 0H3, Canada

tel: (1-819) 953-1390

fax: (1-819) 997-3068

e-mail: john.myslicki@ec.gc.ca

web site: http://www.ec.gc.ca/tmd/tmdhp.htm



Same as the Competent Authority





National Definition

The Government of Canada is undertaking domestic consultations to develop an appropriate definition of waste. These consultations have resulted in the following proposed definition of ‘waste’: “any material that is disposed, destined for disposal, or is required to be disposed, and does not include recyclable material or any material used for its original purpose”. Recyclable materials are effectively decoupled from this definition of “waste”.
In Canada, the definition of hazardous waste for the purposes of controlling transboundary movements destined for final disposal or recycling is set out in the Export and Import of Hazardous Wastes Regulations. In order to meet this definition, a waste must either be found on an inclusive list of more than 3000 substances and mixtures or meet one of the hazard class characteristics. Specific testing, criteria and protocols exist in the Canadian Transportation of Dangerous Goods Regulations (TDGR) for the following hazard classes (which in most cases are analogous to the Basel Annex III characteristic identified): substances that are gases or aerosols, flammable liquids (H3), flammable solids (H4.1), liable to spontaneous combustion (H4.2), emit flammable gases in contact with water (H4.3), oxidizing (H5.1), organic peroxides (H5.2), poisonous (H6.1), infectious (H6.2), corrosive (H8), hazardous to the environment (H12), leachate toxic (H13), or are otherwise designated as hazardous. Those substances which are explosive (H1) or radioactive are excluded from the definition for waste and are controlled under other Canadian federal legislation.







Canada controls all of Annex I and Annex II wastes when they exhibit a hazard characteristic. Canada also controls wastes, even if not included in Annex I, as long as it exhibits a hazardous characteristic. For example:

Waste streams: Industrial waste streams are complex wastes that come from certain specific industrial processes. 100 such waste streams are listed in the Transportation of Dangerous Goods Regulations (TDGR) and are controlled. Further, all wastes listed and controlled under the OECD decisions are included in the Canadian regulatory regime of the Export and Import of Hazardous Wastes Regulations (EIHWR). Some of these could serve as examples of wastes which would not always be covered by Annex I.
Waste having as constituents: Canada uses a leachate procedure to characterize H13 wastes. Concentrations of contaminants listed in the Canadian Drinking Water Quality Guidelines are assessed during the procedure. Some of these contaminants, for example, boron and barium, are not found on Annex I. The more than 3000 listed wastes by Canadian regulations include a few hundred substances identified as being hazardous to the environment. A number of these substances, when wastes, do not have a corresponding Annex I or II entry.
The PCB Waste Export Regulations, 1996 (PCBWER) allow Canadian owners of PCB waste to export such wastes to the United States for treatment and destruction (excluding landfilling) when these wastes are in concentrations equal to or greater than 50 parts per million. The Regulations require that advance notice of proposed export shipments be given to Environment Canada. If the PCB waste shipment complies with the Regulations for the protection of human health and the environment, and authorities in any countries or provinces through which the waste will transit do not object to the shipment, written confirmation is sent from Environment Canada to the applicant authorizing the shipment to proceed.


Data* on the Generation and Transboundary Movements of Hazardous Wastes** and Other Wastes*** in 2000 (as reported)








Quantities (in metric tonnes)

Generation

Total amount of hazardous wastes generated

1)

Total amount of other wastes generated

1)

Transboundary Movement

Total amount of hazardous wastes and other wastes exported

319 814

Total amount of hazardous wastes and other wastes imported

561 560

* Figures are rounded to the nearest integer.

** Covers wastes under Art. 1 (1)a (Annex I: Y1-Y45) and Art. 1 (1)b.

*** Covers wastes under (Annex II: Y46-Y47).

1) Control of hazardous waste and hazardous recyclable material within Canada is a shared responsibility. Tracking of hazardous waste and hazardous recyclable material generation is a provincial/territorial responsibility. The provinces/territories are also responsible for establishing controls for licensing hazardous waste generators, carriers and treatment facilities within their jurisdiction. The federal government regulates international and interprovincial/territorial movements, while provincial/territorial governments regulate intraprovincial movements of hazardous waste and hazardous recyclable material.

Restrictions on Transboundary Movement





Amendment to the Basel Convention

Although Canada has not ratified the Basel Ban (Decision III/I), Canada effectively implements the terms of the ban through the EIHWR (all exports to countries having banned imports and officially notified Canada are prohibited, be it for recycling or disposal). Exports to non-parties are not permitted unless subject to an Article 11 agreement (for example, Canada U.S.A. Agreement; OECD Council Decisions).







Restrictions on export for final disposal

Canada restricts the export of hazardous wastes and other wastes for final disposal. The relevant legislations are:




  • Canadian Environmental Protection Act (CEPA 1999) came into force March 31, 2000, superseding the Canadian Environment Protection Act, 1988 (CEPA);

  • Export and Import of Hazardous Waste Regulations (EIHWR), entered into force: November 26, 1992; and

  • PCB Waste Export Regulations (PCBWER), came into force on February 4, 1997.

This restriction covers exports to countries prohibiting imports, and exports to non-parties unless subject to an Article 11 agreement (for example, Canada U.S.A. Agreement; OECD Council Decisions).


Although Canada has not ratified the Basel Ban (Decision III/I), Canada effectively implements the terms of the ban through the EIHWR (all exports to countries having banned imports and officially notified Canada are prohibited, be it for recycling or disposal). Exports to non-parties are not permitted unless subject to an Article 11 agreement (for example, Canada U.S.A. Agreement; OECD Council Decisions).
Canada remarks that:

  1. Implementation of Canadian requirements for advance notification (prior informed consent) of transboundary shipments of hazardous wastes allows Canada to manage transboundary hazardous waste shipments. Advance notification requirements are contained in the Export and Import of Hazardous Wastes Regulations under the Canadian Environmental Protection Act (CEPA 1999).




  1. Export and Import of Hazardous Waste Regulations, Part II:

  • in the case of exports, require mandatory prior notification of, and consent from (i.e. prior informed consent), the importing country;

  • implement a tracking system to ensure that, after shipping, hazardous wastes actually arrive at intended and authorized facilities; and are treated, disposed of or recycled as per the advance notice;

  • prohibit exports of hazardous wastes to those countries that ban imports or are not party to the Basel Convention or an Article 11 agreement with Canada;

  • require every exporter and carrier to obtain insurance to cover environmental damage should an accident occur during the transboundary movement of hazardous wastes;

  • require contingency plans for shipments which cannot be completed as planned on the notice, to prevent them from becoming "orphans"; and

  • simplified procedures for the transboundary movement of hazardous wastes destined for recovery/recycling facilities within the OECD area, based on the OECD three-tier system; and

  • the exporting country must permit re-entry of any hazardous waste that may be returned by the importing country.







Restriction on export for recovery

Canada restricts the export of hazardous wastes and other wastes for recovery.


Although Canada has not ratified the Basel Ban (Decision III/I), Canada effectively implements the terms of the ban through the Export and Import of Hazardous Wastes Regulations (all exports to countries having banned imports and officially notified Canada are prohibited, be it for recycling or disposal). Exports to non-parties are not permitted unless subject to an Article 11 agreement. The Export and Import of Hazardous Waste Regulations (EIHWR), came in to force November 26, 1992. It details conditions on Exports for Recycling.
This restriction covers Canada; and exports to non-parties are not permitted unless subject to an Article 11 agreement (for example, Canada U.S.A. Agreement; OECD Council Decisions).
Canada remarks that:


  1. The Export and Import of Hazardous Wastes Regulations include restrictions on exports for recycling. Where Canada is not a country of transit, an exporter may export a hazardous waste only if:

  • the export of that hazardous waste is not prohibited under the laws of Canada;

  • at the time the notice is given, the country of import has not notified the Chief that the importation of that hazardous waste into that country is prohibited;

  • the country of import is a party to the Convention, the OECD Decision or the Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Waste (which came into effect on November 8, 1986); and

  • the hazardous waste is not to be recycled south of 60° south latitude.




    1. The Agreement affirms the four basic principles that both countries recognize as necessary to control transboundary shipments of hazardous waste:

  • each country must adequately manage waste within its own jurisdiction;

  • the exporting country must give the importing country prior notice of the proposed shipment. The importing country then indicates whether it objects to the proposed shipment;

  • the two countries must cooperate to ensure that transboundary shipments of hazardous waste are accompanied by proper manifests, in order to verify compliance with the Agreement and with domestic regulations; and

  • conditions of the Export and Import of Hazardous Wastes Regulations must be met.









Restrictions on import for final disposal

Canada restricts the import of hazardous wastes and other wastes for final disposal. The relevant legislations are:




  • the Canadian Environmental Protection Act (CEPA 1999), March 31, 2000;

  • the Export and Import of Hazardous Waste Regulations (EIHWR), November 26, 1992 through conditions on Exports for Recycling; and

  • the Canada - U.S.A. Agreement on the Transboundary Movement of Hazardous Wastes, November 8, 1986.

This restriction covers imports from any country. It does not permit exports to, nor imports from non-parties, unless subject to an Article 11 agreement.


Canada meets it’s international obligations through:


  1. CEPA 1999 provides authority to establish a permit system for the import, export and transit of hazardous wastes destined for final disposal;




  1. The Export and Import of Hazardous Waste Regulations (EIHWR) Conditions on Imports for Disposal include:"

  • the import of that hazardous waste is not prohibited under the laws of Canada;

  • the country of export is a party to the Convention or the Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Waste that came into effect on November 8, 1986;

  • the importer is the disposer of the hazardous waste in Canada;

  • there is a signed, written contract or a series of such contracts between the importer and the person who exports the hazardous waste from the country of export or, where the importer and the person who exports the hazardous waste are the same legal entity doing business in both Canada and the country of export, there is a signed, written arrangement between representatives of the entity in both countries; and

  • the importer and carrier to obtain insurance to cover environmental damage should an accident occur during the transboundary movement of hazardous wastes;

3. The Canada - U.S.A. Agreement on the Transboundary Movement of Hazardous Wastes sets out the specific administrative conditions for the export, import, and transportation of hazardous waste between the two countries. These conditions stipulate that hazardous waste generators and parties wishing to transport hazardous waste across the border must first submit, together with other relevant documents, a notice which contains a variety of detailed information about the proposed shipment:



  • the type and amount of waste;

  • when the waste will be exported;

  • the name of the transporter and method of transportation (air, highway, rail, water);

  • the type of container used (drums, boxes, tanks, etc. ); and

  • the name and address of the party to whom the waste will be shipped, and the method of recycling, treatment, storage, or disposal.










Restrictions on import for recovery

Canada restricts the import of hazardous wastes and other wastes for recovery. The relevant legislations are:



  • the Canadian Environmental Protection Act (CEPA 1999), March 31, 2000;

  • the Export and Import of Hazardous Waste Regulations (EIHWR), November 26, 1992 through conditions on Exports for Recycling; and

  • the Canada - U.S.A. Agreement on the Transboundary Movement of Hazardous Wastes, November 8, 1986.

This restriction covers imports from any country. It does not permit exports to, nor imports from non-parties, unless subject to an Article 11 agreement.


Canada remarks that:


  1. CEPA 1999 provides authority to establish a permit system for the import, export and transit of hazardous wastes and hazardous recyclables;




  1. Conditions on imports for recycling included under the EIHWR, for the purposes of subsection 44(2) of CEPA, where Canada is not a country of transit, an importer may import a hazardous waste only if:

  • the import of that hazardous waste is not prohibited under the laws of Canada;

  • the country of export is a party to the Convention, the OECD Decision or the Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Waste that came into effect on November 8, 1986;

  • the importer and carrier obtain insurance to cover environmental damage should an accident occur during the transboundary movement of hazardous wastes;

  • the importer is the recycler of the hazardous waste in Canada; and

  • there is a signed, written contract or a series of such contracts between the importer and the person who exports the hazardous waste from the country of export or, where the importer and the person who exports the hazardous waste are the same legal entity doing business in both Canada and the country of export, there is a signed, written arrangement between representatives of the entity in both countries.




  1. Under the principles of the Canada - U.S.A. Agreement:

        • each country must adequately manage waste within its own jurisdiction;

        • the exporting country must give the importing country prior notice of the proposed shipment. The importing country then indicates whether it objects to the proposed shipment;

        • the two countries must cooperate to ensure that transboundary shipments of hazardous waste are accompanied by proper manifests, in order to verify compliance with the Agreement and with domestic regulations; and

        • the exporting country must permit re-entry of any hazardous waste that may be returned by the importing country.










Restrictions on transit

Canada restricts the transit of hazardous wastes and other wastes. The relevant legislations are:




  • the Canadian Environmental Protection Act (CEPA 1999), March 31, 2000;

  • the Export and Import of Hazardous Waste Regulations (EIHWR), November 26, 1992 through conditions on Exports for Recycling; and

  • the Canada - U.S.A. Agreement on the Transboundary Movement of Hazardous Wastes, November 8, 1986.


Transits through Canada are only permitted following notification and consent.
Canada remarks that:


  1. CEPA 1999 provides authority to establish a permit system for the transit of hazardous wastes and hazardous recyclables through Canada.




  • For the purposes of Part 7, Division 8 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), where Canada is only a country of transit, subject to the Export and Import of Hazardous Wastes Regulations (EIHWR) a person may import and subsequently export a hazardous waste only if the import or export of that hazardous waste is not prohibited under the laws of Canada;

  • the carrier of the hazardous waste, if other than Her Majesty in right of Canada or a province or Her agent, is insured in accordance with section 9; where the country of export and the country of import are not the same country, the competent authority in the country of export has provided to the Chief written confirmation that the competent authority in the country of import, and in each country of transit through which the hazardous waste is destined to pass before entering the country of import, consents, in accordance with the laws of the country of that authority with respect to giving that consent, to the proposed import into and, where applicable, export from that country;

  • where the country of export and the country of import are the same country, the carrier of the hazardous waste receives written confirmation from the Chief that the authority, body or person specified on the List of Hazardous Waste Authorities in respect of Canada has received the notice in respect of the proposed import of the hazardous waste; and

  • Under the terms of the Canada - U.S. A. Agreement, hazardous waste generators and parties wishing to transport hazardous waste across the border must first submit, together with other relevant documents, a notice which contains a variety of detailed information about the proposed shipment including:

  • the type and amount of waste;

  • when the waste will be exported;

  • the name of the transporter and method of transportation (air, highway, rail, water);

  • the type of container used (drums, boxes, tanks, etc. ); and,

  • the name and address of the party to whom the waste will be shipped, and the method of recycling, treatment, storage, or disposal.



Reduction and/or Elimination of Hazardous Waste Generation





National strategies/policies

In Canada, both mandatory and voluntary plans and programs exist. They are set up by the federal and provincial governments and by municipalities. In general, provincial and municipal plans tend to be mandatory, whereas federal plans are voluntary. Some examples are as follows:


-Section 188 of the Canadian Environmental Protection Act, 1999 creates a new authority for the Minister of the Environment. The Minister may require an exporter or class of exporters of hazardous waste or prescribed non-hazardous waste for final disposal to submit and implement a plan "for the purpose of reducing or phasing out" those exports. Once such a requirement is imposed, the Minister may refuse to issue an export permit if the plan is not submitted or implemented.
-Section 191(g) authorizes the Government to develop regulations respecting these plans "taking into account: i) the benefit of using the nearest appropriate facility, and ii) changes in the quantity of goods the production of which generates hazardous waste to be disposed of by an exporter or class of exporters."


  1. In 1995, the Toxic Substances Management Policy was released. This policy provides a two track approach to managing toxic substances. The first track is the elimination of specified substances and the second track encourages the “cradle to grave philosophy”;




  1. Also in 1995, the Pollution Prevention - Federal Strategy for Action Plan was released. This initiative encourages both industry and individuals to reduce pollution and decrease waste production on a voluntary basis. Programs such as the Accelerated Reduction Elimination Toxics (ARET) have been successful in this endeavor; and




  1. the National Pollutant Release Inventory (NPRI), contains data commencing in 1993 on the annual release and transfer in waste containing any of 176 specified substances.







Legislation, regulations and guidelines

Canada does not apply legally defined technical standards regarding manufacturing and recycling processes in order to support Waste Minimization (Reduce, Reuse, Recovery & Recycle). Additionally, Canada has implemented efforts in product take-back obligations (“stewardship”) and deposit refund schemes.







Economic instruments/ initiatives

Taxes and duties are levied on waste intensive products and waste treatment and landfilling. Some examples include provincial and local tipping fees, advance disposal surcharge for pesticide containers and taxes on new tires sold. Financial aid programs and economic incentives are applied extensively for both municipal solid waste and hazardous waste minimization. Financial aid is given to research and development, pilot plant design and construction, development of clean technologies, consulting services, eco-balances and eco auditing. Financial aid is granted by federal institutions, provincial administrations and by private funds. Some examples include:




  • Action 21, which is a federal government funding programme for public environmental awareness initiatives and local environmental projects;

  • Technology Partnerships Canada - Environmental Technologies which is a federal investment support programme for business in the form of interest-free loans. Support is given to the development of new technologies, processes and products;

  • a provincial waste reduction fund which provides a 50% cost share for waste reduction initiatives; and

    • A provincial financial assistance programme to the recycling industry. Subsidy of up to 50% of the capital costs, loan guarantees.







Measures taken by industries/waste generators

Economic and consumer pressures have moved industry to introduce methods of waste reduction on a voluntary basis. Some of the initiatives include:



  • Total Quality Management programs such as the ISO standards. These Programs improve the overall operations of businesses and as a partial result of these efforts, a net reduction in wastes is achieved;

  • The Canadian Chemical Producers Association program of “Responsible Care” has resulted in a “cradle to grave” or product stewardship approach in the chemical industry; and

  • The Ontario Printing and Imaging Association has introduced “The Empty Trash Can” program in an effort to promote reduced wastes and associated costs.







Others

In Canada, Waste Minimization is fostered by information services offering support to private households and industrial waste producers.




  • A provincial recycling council, information services on recycling;

  • A provincial recycling organization which provides information on recycling and also supports the management of a deposit-refund system for beverage containers and a programme on recovery and recycling of used tires; and

  • An association of municipal recycling coordinators offers information to private households.

Eco-labeling, Environmental Choice Programme. This voluntary program has developed environmental criteria against which products and services are assessed. Companies whose product or service passes testing and verification to ensure that they are environmentally sound, are licensed to use the EcoLogo.




Transboundary Movement Reduction Measures





National strategies/policies

In order to lessen threats to the environment or public safety during transportation and to manage transboundary shipments effectively, in 1986 Canada and the USA entered into the comprehensive agreement: Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Wastes. This agreement, consistent with Article 11 of the Basel Convention, sets out the specific administrative conditions for the export, import, and transportation of hazardous waste between the two countries.


Canada recognizes the environmental and economic advantages of minimizing distances that hazardous waste must travel. In 2000, 96% of Canada’s exports were destined for the United States and 97% of imports were from the United States.
In 2000, 50.4% of Canada's imports and 73.1% of Canada's exports of hazardous waste were destined for recycling operations. Trade in wastes destined for recovery is significant in Canada. Hazardous wastes recovery is a thriving industry within Canada, and helps to reduce demand on primary resources.





Legislation, regulations and guidelines

Under the revised CEPA 1999, (Canadian Environmental Protection Act), authority is also given to the Minister to require exporters to have plans for reducing or phasing out the quantity of hazardous waste and prescribed non-hazardous wastes that is exported for final disposal. Plans would take into account the identification of the benefit of using the nearest appropriate disposal facility and changes to the quantities of hazardous waste that may result from changes in production levels. The Act also includes requirements to report at regular intervals on the progress of implementing the plan. Subsequent export permits may be refused if these requirements are not met.





Disposal/ Recovery Facilities

In Canada, disposal/recycling facilities are monitored/regulated by provinces and territories. For further information, the Competent Authority could be contacted.



Bilateral, Multilateral or Regional Agreements

Canada-US bilateral agreement on the transboundary movement of hazardous waste, effective from November 8, 1986. This agreement sets out the specific administrative conditions for the export, import, and transit of hazardous waste between the two countries. Renewed every five years. This was amended in 1992 to include Annex II wastes.
OECD Council Decision C(92)39/Final Multilateral Agreement effective from 30 March 1992 concerning the control of transfrontier movements of wastes destined for recovery operations (active). It covers Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, The Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom and United States.



Technical Assistance and Training Available

Some of the contact points are:

- Chief, Transboundary Movement Branch, Toxic Pollution Prevention Directorate, Environment Protection Service, Environment Canada, 351 St. Joseph Blvd., 12th floor, Hull, Quebec K1A 0H3;

- Canadian Environmental Industry Association, National Office, 208 - 350 Sparks Street, Ottawa, Ontario, K1R 7S8;

- Association of Consulting Engineers of Canada, 130 Albert St., Suite 616, Ottawa, Ontario, K1P 5G4;

- “Directory of Hazardous Waste Services” available from: Southam Information and Technology Group. 1450 Don Mills Road, Don Mills, Ontario M3B 2X7; and


  • Directory of Contaminated Sites Services, which presents a profile of firms in Canada that provide services associated with the associated with the assessment and remediation of contaminated sites., Chief, Contaminated Sites Division, Environmental Technologies Advancement Directorate, Environment Canada, 351 St. Joseph., 12th floor; Hull, Québec, Canada K1A OH3

For further information, the Competent Authority could be contacted.





Basel Convention

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