Canada Makes Changes to Cross-border Hazardous Waste and Recycling Requirements

On February 26, 2021, the federal government enacted the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations[1] under the Canadian Environmental Protection Act, 1999 (CEPA)[2], the Canada Shipping Act, 2001 (CSA),[3] the Impact Assessment Act,[4] and the Environmental Violations Administrative Monetary Penalties Act.[5] These Regulations will come into force on October 31, 2021.

The Regulations will replace three existing regulations under the CEPA:

1. the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (Export and Import Regulations);[6]
2. the Interprovincial Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (Interprovincial Movement Regulations);[7] and
3. the PCB Waste Export Regulations, 1996.[8]

While the majority of current permitting and movement-tracking requirements will be maintained, the Regulations are intended to provide greater clarity and consistency with respect to these regulatory requirements. The Regulations consolidate the requirements for the import and export of hazardous waste and hazardous recyclable material for both interprovincial and international movement. The new Regulations will also modify the existing permitting process found in the current regulations, address the lack of flexibility to shift to an electronic movement tracking system, clarify inconsistencies with terminology, alter documentation requirements and change certain exemptions relating to the transportation of materials containing polychlorinated byphenyls (PCBs).

This bulletin outlines the incoming changes to cross-border hazardous waste management under the Regulations. Importers, exporters, customs brokers and authorized carriers of hazardous waste and hazardous recyclable material are responsible for providing the Canada Border Services Agency (the CBSA) with certain movement documentation, permits and reporting notifications. Therefore, these transporters should familiarize themselves with and prepare for these changes to existing requirements to avoid delays or logistical challenges at the border arising from the shipment of hazardous waste or hazardous recyclable material.

To read the full story, visit https://mcmillan.ca/insights/canada-makes-changes-to-cross-border-hazardous-waste-and-recycling-requirements/.
Authors: Talia Gordner, Lisa Page, Julia Loney, Ralph Cuervo-Lorens, McMillan

[1] Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, SOR/2021-25
[2] Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33.
[3] Canada Shipping Act, 2001, S.C. 2001, c. 26 at s. 120(1).
[4] Impact Assessment Act, S.C. 2019, c. 28 at para 109(b).
[5] Environmental Violations Administrative Monetary Penalties Act, S.C. 2009, c. 14 at s. 5(1).
[6] Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, SOR/2005-149.
[7] Interprovincial Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, SOR/2002-301.
[8] PCB Waste Export Regulations, 1996, SOR/97-109.