National definition of hazardous waste and hazardous recyclable material used for the purpose of transboundary movements exists in Canada.
In Canada, each province and territory defines hazardous waste and hazardous recyclable material for the purpose of movements within their jurisdiction and for the licensing or certification of authorized facilities. These definitions include requirements for both disposal and recycling. Information regarding definitions for each province and territory can be found at http://www.ec.gc.ca/tmb/eng/links_e.html
The Government of Canada is undertaking domestic consultations to develop regulations for international movements of non-hazardous wastes for final disposal. The agreed definition of non-hazardous wastes for final disposal will likely include a listing of wastes covered by the proposed regulations. Consistent with international definitions, the initial focus is on municipal solid wastes, including household or residential waste, as well as residues from the incineration of municipal solid 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 Waste and Hazardous Recyclable Material Regulations, (EIHWHRMR). These Regulations came into force on November 1st, 2005 and replaced the former Export and Import of Hazardous Wastes Regulations (EIHWR) of 1992. In order to meet this definition, a hazardous waste or hazardous recyclable material must either be destined for a disposal or recycling operation and be found on a series of lists comprised of substances and mixtures or meet one of the hazard class characteristics (set out in Annex A of this fact sheet). 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.
Hazardous waste as defined in EIHWHRMR under section 1. (1) means " anything that is intended to be disposed of using one of the operations set out in Schedule 1 and that
(a) is set out in column 2 of Schedule 3;
(b) is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;
(c) is set out in column 2 of Schedule 4 and is included
in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;
(d) is set out in column 1 of Schedule 5 in a concentration equal to or greater than the applicable concentration set out in column 2 of that Schedule;
(e) produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for Evaluating Solid
Waste, Volume 1C: Laboratory Manual, Physical/ Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental Protection Agency, which, for the purposes of this definition, shall be read without reference to section 7.1.3; (f) is set out in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused; or
(g) according to information that Canada has received from the United States or in accordance with the Convention, is considered or defined as hazardous under the legislation of the country receiving it and is prohibited by that country from being imported or conveyed in transit.
(2) The definition “hazardous waste” in subsection (1) does not include anything that is
(a) exported, imported or conveyed in transit in a quantity of less than 5 kg or 5 L per shipment or, in the case of mercury, in a quantity of less than 50 mL per shipment, other than anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations;
(b) collected from households in the course of regular municipal waste collection services; or
(c) part of the exporter’s or importer’s personal effects or household effects not resulting from commercial use.
Hazardous Recyclable Material as defined in EIHWHRMR under section 2.(1) means anything that is intended to be recycled using one of the operations set out in Schedule 2 and that
(a) is set out in column 2 of Schedule 3;
(b) is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;
(c) is set out in column 2 of Schedule 4 and is included in at least one of Classes 2 to 6, 8 or 9 of the Transportation of Dangerous Goods Regulations;
(d) is set out in column 1 of Schedule 5 in a concentration equal to or greater than the applicable concentration set out in column 2 of that Schedule;
(e) produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for Evaluating Solid
Waste, Volume 1C: Laboratory Man ual, Physical/ Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental
Protection Agency, which, for the purposes of this definition, shall be read without
reference to section 7.1.3;
(f) is set out in column 2 of Schedule 7, is pure or is the only active ingredient, and is unused; or
(g) according to information that Canada has received from the United States or in accordance with the Convention, is considered or defined as hazardous under the legislation of the country receiving it and is prohibited by that country from being imported or conveyed in transit.
The definition “hazardous recyclable material” in subsection (1) does not include anything that is
(a) exported, imported or conveyed in transit in a quantity of less than 5 kg or 5 L per shipment or, in the case of mercury, in a quantity of less than 50 mL per shipment, other than anything that is included in Class 6.2 of the Transportation of Dangerous Goods Regulations;
(b) collected from households in the course of regular municipal waste collection services;
(c) part of the exporter’s or importer’s personal effects or household effects not resulting from commercial use;
(d) exported to, imported from, or conveyed in transit through a country that is a party to OECD Decision C(2001)107/Final and that
(i) is in a quantity of 25 kg or 25 L or less,
(ii) is exported or imported for the purpose of conducting measurements, tests or research with respect to the recycling of that material,
(iii) is accompanied by a shipping document, as defined in section 1.4 of the Transportation of Dangerous Goods Regulations, that includes the name and address of the exporter or importer and the words “test samples” or “échantillons d’épreuve”, and
(iv) is not and does not contain an infectious substance as defined in section 1.4 of the Transportation of Dangerous Goods Regulations; or
(e) exported to, imported from, or conveyed in transit through a country that is a party to OECD Decision C(2001)107/Final and that
(i) is set out in Schedule 8,
(ii) produces a leachate containing a constituent set out in column 2 of Schedule 6 in a concentration equal to or greater than the applicable concentration set out in column 3 of that Schedule, determined in accordance with Method 1311, Toxicity Characteristic Leaching Procedure, July 1992, in Test Methods for
Evaluating Solid Waste, Volume 1C: Laboratory Manual, Physical/Chemical Methods, Third Edition, SW-846, November 1986, published by the United States Environmental Protection Agency, which, for the purposes of this definition, shall be read without reference to section 7.1.3, and
(iii) is intended to be recycled at an authorized facility in the country of import using one of the operations set out in Schedule 2.
Please see annex A for related schedules.
Canada regulates/controls additional wastes and recyclable materials as hazardous that are not included in Art. 1 (1)a of the Basel Convention and would be controlled for the purpose of transboundary movements pursuant to Art. 1 (1)b.
The national definition of hazardous waste and hazardous recyclable material covers ”wastes” other than those listed in Annexes I, II and VIII of the Basel Convention. Most notably compressed or liquefied gases and aerosols are controlled as well as used lubricating oils from internal combustion engines; used oil filters containing more than 6% of oil by mass; wastes that contain more than 2 mg/kg of PBB or PCT; and polychlorinated dibenzo dioxins and furans in a concentration greater than 100 ng/kg TEQ.
Canada requires special consideration for the following waste(s) when subjected to transboundary movement:
Polychlorinated biphenyls (PCB's) are a special case when it comes to the management, export, and import of hazardous wastes containing 50 mg/kg of PCBs or more. Canada’s policy is to ensure the management of PCB wastes within a strictly controlled regulatory system until they can be eliminated through removal from service, proper destruction and isolation from the environment.
The PCB Waste Export Regulations, 1996 (PCBWER) set out the controls which need to be met and restricts exports of PCB 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 (ppm). 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, a permit could be issued from Environment Canada to the applicant authorizing the shipment to proceed.
In line with the revised OECD Decision, the definition of ‘‘Hazardous recyclable material’’ in the Regulations excludes four streams of low risk recyclable materials (see Schedule 8 of the Regulations) that are not controlled within the OECD. These four streams of recyclable materials are controlled, however, if they are contaminated by other material to an extent that it increases risks to the environment or prevents the recycling of the materials in an environmentally sound manner.
Restrictions on Transboundary Movement
Amendment to the Basel Convention
The amendment to the Basel Convention (Decision III/1) has not been implemented in Canada.
Although Canada has not ratified the Basel Ban (Decision III/I), Canadian domestic legislation implements the terms of the prohibition through the EIHWHRMR. Under the EIHWHRM Regulations, Canada defines a hazardous waste or a hazardous recyclable material to include “waste” that is prohibited by a country for import and is considered hazardous under their domestic legislation in accordance with the Basel Convention.
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 restricts the export of hazardous wastes, hazardous recyclable material and other wastes for final disposal.
In Canada, the following legislation applies to restrictions on the export of hazardous wastes, hazardous recyclable material and other wastes for final disposal: Canadian Environmental Protection Act, 1999 (CEPA 1999) which came into force March 31, 2000, superseding the Canadian Environment Protection Act, 1988 (CEPA); Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR), entered into force: November 1, 2005; and PCB Waste Export Regulations, 1996 (PCBWER), came into force on February 4, 1997.
Exports are restricted to Basel party countries or to non-parties which are subject to an Article 11 agreement (for example, Canada - USA Agreement; OECD Council Decisions). In addition, Canada permits the export of Canadian PCB wastes only to the United States and only for the purpose of destruction.
Although Canada has not ratified the Basel Ban (Decision III/I), our domestic legislation implements the terms of the prohibition through the EIHWHRMR. Under the EIHWHRM Regulations, Canada defines a hazardous waste or a hazardous recyclable material to include “waste” that is prohibited by a country for import and is considered hazardous under their domestic legislation in accordance with the Basel Convention.
The EIHWHRMR place a number of strict conditions on the export of hazardous waste, such as: requirement for mandatory prior notification of, and consent from (i.e. prior informed consent, PIC) the importing country; exports can only take place with a permit issued by Environment Canada; mandatory use of a movement document as a tracking system to ensure that hazardous wastes actually arrive at the intended authorized facilities; and are treated, disposed of or recycled as per the notice and permit; sets out specific timeframes in which the disposal operations must be completed; all disposal operations to be followed up with a certificate of disposal; require every exporter and carrier to obtain insurance to cover environmental and third party damages should an accident occur during the transboundary movement of hazardous wastes; requirements for shipments which cannot be completed as planned in the permit to prevent them from becoming "orphans”.
If the Minister is of the opinion that the hazardous waste or hazardous recyclable material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse to issue a permit under subsection 185(2) of the CEPA 1999 taking into account different criteria set out in the EIHWHRMR.
Restrictions on export for recovery
Canada restricts the export of hazardous wastes, hazardous recyclable material and other wastes for recovery.
Exports are restricted to Basel party countries or to non-parties which are subject to an Article 11 agreement (for example, Canada - USA Agreement; OECD Council Decisions). In addition, Canada permits the export of Canadian PCB wastes only to the United States and only for the purpose of destruction.
Although Canada has not ratified the Basel Ban (Decision III/I), our domestic legislation implements the terms of the prohibition through the EIHWHRMR. Under the EIHWHRM Regulations, Canada defines a hazardous waste or a hazardous recyclable material to include “waste” that is prohibited by a country for import and is considered hazardous under their domestic legislation in accordance with the Basel Convention.
The EIHWHRMR place a number of strict conditions on the export of hazardous recyclable material such as: requirement for mandatory prior notification of, and consent from (i.e. prior informed consent, PIC) the importing country; exports can only take place with a permit issued by Environment Canada; mandatory use of a movement document as a tracking system to ensure that hazardous recyclable material actually arrives at the intended authorized facilities; and are stored, recovered or recycled as per the notice and permit; sets out specific timeframes in which the recycling operations must be completed; all recycling operations to be followed up with a certificate of recycling; require every exporter and carrier to obtain insurance to cover environmental and third party damages should an accident occur during the transboundary movement of hazardous waste; requirements for shipments which cannot be completed as planned in the permit to prevent them from becoming "orphans"; simplified procedures for the transboundary movement of certain specified hazardous recyclable materials destined for recovery/recycling facilities within the OECD area, based on OECD decisions; and the exporting country must permit re-entry of any hazardous waste that may be returned by the importing country.
If the Minister is of the opinion that the hazardous waste or hazardous recyclable material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse to issue a permit under subsection 185(2) of the CEPA 1999 taking into account different criteria set out in the EIHWHRMR.
Restrictions on import for final disposal
Canada restricts the import of hazardous wastes, hazardous recyclable material and other wastes for final disposal.
In Canada, the following legislation applies to restrictions on the import of hazardous wastes, hazardous recyclable material and other wastes for final disposal: Canadian Environmental Protection Act, 1999 (CEPA 1999) which came into force March 31, 2000, superseding the Canadian Environment Protection Act, 1988 (CEPA); Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, 2005 (EIHWHRMR), entered into force: November 1, 2005 (including import controls on PCB wastes), entered into force: November 26, 1992.
This restriction does not permit imports from non-parties, unless subject to an Article 11 agreement.
Canada meets its international obligations through the legislations listed in 3(d)(i) above.
Although there are a number of conditions on the import of hazardous waste for final disposal the following controls for imports apply:
the importer is the disposer of the hazardous waste in Canada;
the import of that hazardous waste is not prohibited under the laws of Canada;
Although there are a number of conditions on the import of hazardous waste for final disposal the following considerations for imports apply:
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;
the importer and carrier are required to obtain insurance to cover environmental and third party damages should an accident occur during the transboundary movement of hazardous wastes;
an import permit issued by Environment Canada is required;
all shipments must be tracked using a movement document;
strict timelines are placed on the completion of the disposal operations;
a certificate of disposal is required once the operations are completed.
The conditions of the Canada - USA Agreement also apply to imports for final disposal set out in question 3 c) of the questionnaire on "Transmission of Information" for the year 2004.
Restrictions on import for recovery
Canada restricts the import of hazardous wastes, hazardous recyclable material and other wastes for recovery.
In Canada, the following legislation applies to restrictions on the import of hazardous wastes, hazardous recyclable material and other wastes for recovery: Canadian Environmental Protection Act, 1999 (CEPA 1999) which came into force March 31, 2000, superseding the Canadian Environment Protection Act, 1988 (CEPA); Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, 2005 (EIHWHRMR), entered into force: November 1, 2005 (including import controls on PCB wastes), entered into force: November 26, 1992.
Canada’s restrictions on import for recovery does not permit imports from non-parties, unless subject to an Article 11 agreement.
Canada meets its international obligations through the legislation listed in question 3(e)(i) of the questionnaire on "Transmission of information" for the year 2004. The conditions listed above for imports for final disposal apply, and in addition to that: the importer is the recycler of the hazardous waste in Canada. The conditions of the Canada - USA Agreement also apply to imports for recovery set out in question 3 c) of the questionnaire on "Transmission of information" for the year 2004.
Restrictions on transit
Canada restricts the transit of hazardous wastes, hazardous recyclable material and other wastes through the legislation listed:
Canadian Environmental Protection Act, 1999 (CEPA 1999) which came into force March 31, 2000, superseding the Canadian Environment Protection Act, 1988 (CEPA);
Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR), entered into force: November 1, 2005;
and PCB Waste Export Regulations (PCBWER), came into force on February 4, 1997.
Transits through Canada are only allowed following notification once a permit is issued by Environment Canada for the movement.
Canada meets its international obligations through the legislation listed in restrictions on import for final disposal. The following conditions for transits apply: For the purposes of Part 7, Division 8 of the CEPA 1999, where Canada is only a country of transit, subject to the EIHWHRMR a person may import and subsequently export a hazardous waste or hazardous recyclable material only if the import or export of that hazardous waste/recyclable material is not prohibited under the laws of Canada.
The following conditions apply such as:
the carrier of the hazardous waste/recyclable material, if other than Her Majesty in right of Canada or a province or Her agent, is insured in accordance with section 37;
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 Director, 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 generator or the carrier of the hazardous waste or hazardous recyclable material is required to notify and receive a permit before the transit movement can take place through Canada;
and the conditions of the Canada - USA Agreement also applies to transits.
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 CEPA 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 non-hazardous waste for final disposal to submit and implement an Export reduction 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 referred to subsection 188(1), "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."
The Toxic Substances Management Policy will continue to work for the health of Canadians and for the environment. This policy provides a two track approach to managing toxic substances. The first track is the “virtual elimination from the environment of toxics substances that result predominantly from human activity and that are persistent and bioaccumulative” and the second track encourages “management of other toxic substances and substances of concern, throughout their entire life cycles, to prevent or minimize their release into the environment”.
In 2003, the National Pollutant Release Inventory (NPRI) reported 211 specified substances and these were submitted by 8173 facilities. This represent an increase from 2002 and can primarily be attributed to changes in the reporting requirements for the oil and gaz sector. For an overview of changes to year 2003 reporting criteria go to: http://www.ec.gc.ca/pdb/npri/2003Guidance/2003_NPRI_Changes_e.cfm
Transboundary Movement Reduction Measures
National strategies/policies
Canada recognizes the environmental and economic advantages of minimizing distances that hazardous waste and hazardous recyclable material must travel. 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.
In 2004, 97% of Canada’s exports were destined for the United States and 98.8% of Canadian imports of hazardous waste and hazardous recyclable materials combined came from the United States.
In 2004, nearly half of Canada's imports and nearly 65% of Canada’s exports of hazardous waste were destined for recycling operations. Imports for disposal have decreased steadily since 2000. A contributing factor to this downward trend is believed to be the move towards harmonization with American guidelines for the landfilling of hazardous wastes. Trade in wastes destined for recovery carried out in an environmentally sound manner is significant in Canada. Hazardous wastes recovery is a thriving industry within Canada, and helps to reduce demand on primary resources.
The EIHWHRMR implement powers under the CEPA 1999 which authorizes the Minister of the Environment to:
request the exporter to have plans for reducing exports of hazardous wastes destined for disposal operations;
and authority to refuse to issue an import or export permit if hazardous wastes will not be managed in an environmentally sound manner.
Legislation, regulations and guidelines
Under the revised CEPA 1999, authority is also given to the Minister to request 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 CEPA 1999 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
Disposal facilities
In Canada, disposal/recycling facilities are monitored/regulated by the provinces and territories. For further information, the Competent Authority could be contacted or links to the provinces and territories web-sites can be found at http://www.ec.gc.ca/tmb/eng/links_e.html
Recovery/recycling/re-use facilities
In Canada, disposal/recycling facilities are monitored/regulated by the provinces and territories. For further information, the Competent Authority could be contacted or links to the provinces and territories web-sites can be found at http://www.ec.gc.ca/tmb/eng/links_e.html
Bilateral, Multilateral or Regional Agreements
Bilateral agreement; Canada-United States of America; 08.11.1986 -; Renewed automatically for periods of five years, unless either Party gives written notice of termination (3 months) prior to expiration of the Agreement or the Agreement can be terminated, at any time, upon providing one year written notice. The Agreement was amended in 1992 to incorporate “other wastes” which are defined to include Municipal Solid Waste that is sent for final disposal or for incineration with energy recovery and residues arising from the incineration of such waste. This Agreement sets out the specific administrative conditions for the export, import, and transit of hazardous wastes and other wastes between the two countries.
Multilateral agreement; OECD Council Decision C(2001)107/Final concerning the control of transfrontier movements of wastes destined for recovery operations (active). OECD Member Countries;
21.05.2002-; It supersedes Decision C(92)39/Final to more effectively harmonize with the Basel Convention.
