Export and Import of Hazardous Waste and Hazardous Recyclable Material
Memorandum D19-7-3

ISSN 2369-2391

Ottawa, August 17, 2020

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In brief

1. Memorandum D19-7-3 has been updated to reflect recent amendments to the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) that came into force on , according to which waste and recyclable material being exported for disposal or recycling are considered hazardous waste or hazardous recyclable material if:

  • (a) they are defined as, or considered to be, “hazardous” under the legislation of the importing country or a country of transit
  • (b) their importation is prohibited under the legislation of the country of import or
  • (c) they are one of the “hazardous wastes” or “other wastes” referred to in Article 1, subparagraph 1(a) of the Basel Convention or one of the other wastes referred to in Article 1, paragraph 2 of the Basel Convention and, the country of import is a party to the Basel Convention

2. This memorandum outlines requirements for the importation, exportation and transits of hazardous waste and hazardous recyclable material. Importers, exporters, customs brokers, or authorized carriers, of hazardous waste and hazardous recyclable material are responsible for providing the CBSA with copies of the movement documents and permits. These documents are to be provided to the CBSA when the export, import or transit of the hazardous waste or hazardous recyclable material shipments are required to be reported under the Customs Act

3. The EIHWHRMR reflect Canada’s commitments under the three following international agreements:

The Canada Border Services Agency (CBSA) assists Environment and Climate Change Canada (ECCC) with the administration of the Canadian Environmental Protection Act, 1999 and the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations. This memorandum outlines the requirements for the importation, exportation and transits of hazardous waste and hazardous recyclable material.

Legislation

Canada Border Services Agency Act – Subsections 5(1) and 5(2)

Customs Act – Sections 12, 95, 99, 101, and 107

Reporting of Exported Goods Regulations – Subsection 5(1)

Canadian Environmental Protection Act, 1999– Sections 185.(1) and 190

Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations – Subsections 9(j)(k)(l), 16(i)(j)(k) and 22(d)(e)(i)

Guidelines and General Information

Definitions

1. The following definitions apply in the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) and this memorandum:

“hazardous waste” means anything that is intended to be disposed of using one of the operations set out in Schedule 1 and that

“waste considered hazardous for export” means anything that is to be disposed of using one of the operations set out in Schedule 1, even if it is not hazardous waste within the meaning of subsection 1(1), is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations if it is to be exported to a country of import or conveyed in transit through a country and

“hazardous recyclable material” means anything that is intended to be recycled using one of the operations set out in Schedule 2 and that

“recyclable material considered hazardous for export” means anything that is to be recycled using one of the operations set out in Schedule 2, even if it is not hazardous recyclable material within the meaning of subsection 2(1), is considered to be hazardous recyclable material for the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations if it is to be exported to a country of import or conveyed in transit through a country and

2. For the purpose of this memorandum, safety marking of hazardous waste and hazardous recyclable materials can be expected to be found on certain “means of containment or means of transport,” where the following definitions apply:

“means of containment” means a container or packaging, or any part of a means of transport that is or may be used to contain goods

“means of transport” means a road or railway vehicle, aircraft, ship, pipeline or any other contrivance that is or may be used to transport persons or goods

General

3. The main purpose of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) is to protect Canada’s environment and the health of Canadians from the risks posed by the transboundary movement of hazardous wastes and hazardous recyclable materials through exports from, transit through and imports into Canada and to implement Canada’s international obligations dealing with such waste and material. The EIHWHRMR assist in ensuring that the transboundary movement of hazardous wastes or hazardous recyclable materials entering into, leaving or passing through Canada can be properly tracked and controlled by ECCC (the competent authority) with the assistance of the CBSA and other governmental agencies accordingly to their respective mandates.

4. Hazardous waste and hazardous recyclable material are substances or material that can pose potential risks to human health and the environment. Examples are residues from industrial operations, manufacturing processing plants and hospitals or obsolete materials such as waste lubricants and pesticides.

5. Non hazardous waste or recyclable material (e.g. plastics) can be considered hazardous under the EIHWHRMR if exported to or transited through a country that defines it hazardous under their national legislation (controls or prohibits its importation). For example, some Southeast Asian countries have recently returned Canadian shipments containing contaminated plastics as these materials are controlled under their national legislation. The EIHWHRMR applies to these materials when they are exported to these countries (e.g. a valid Canadian export permit is required).

Note: If you are uncertain whether the country of import controls or prohibits the import of waste or recyclable material, please consult with ECCC (see contact information in paragraph 32 of this Memorandum) to find out whether a permit is required.

6. Hazardous wastes and hazardous recyclable materials are any solid, liquid, gas, sludge or paste substance that also exhibits certain hazardous characteristics such as being toxic, corrosive or flammable. Due to the dangerous properties of these materials, special recycling and disposal operations must be undertaken at authorized facilities to ensure their environmentally sound management and the continued protection of human health. Simply put:

Note: Please refer to the Definitions section of this Memorandum for a definition of “waste considered hazardous for export” and “recyclable material considered hazardous for export.”

Classes of Hazardous Wastes and Hazardous Recyclable Materials

7. The Transportation of Dangerous Goods Act, 1992, and its associated Regulations control nine classes of dangerous goods, only seven of which apply to wastes and recyclable materials:

8. The term safety mark includes a design, symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of these things that is to be displayed:

9. The official definitions as well as the Schedules listed can be found within the text of the EIHWHRMR.

10. Part 4 of the Transportation of Dangerous Goods Regulations and sections 9(i), 16(h) and 22(c) of the EIHWHRMR require that, where applicable, all imports/exports and in transit shipments of hazardous wastes and hazardous recyclable materials must bear the safety marks in the form of placards and labels. The Transportation of Dangerous Goods Regulations require that placards be located on the means of containment at a place, where they are visible and legible. Hence, they are commonly applied to each side and each end of any means of containment used to transport hazardous wastes or hazardous recyclable materials. For more information regarding requirements under the Transportation of Dangerous Goods Regulations, please refer to the Memorandum D19-13-5,Transportation of Dangerous Goods. Any questions with respect to the application of safety marks should be directed to Canadian Transport Emergency Centre (CANUTEC), part of Transport Canada.

11. Class 9 hazardous recyclable materials that are leachate toxic or environmentally hazardous (subject to subsections 2.43(b)(iv) and 2.43(b)(v) respectively of the Transportation of Dangerous Goods Regulations) are not required to be placarded according to Transport Canada.

Documentation Requirements

12. The EIHWHRMR require that all persons wishing to move hazardous wastes or hazardous recyclable materials across the Canadian border must notify ECCC in advance of the intended shipment by a process called notification. The notification serves as the application for an export, import or transit permit. For details concerning the notification process, refer to the ECCC, Managing and Reducing Waste Web page.

13. All shipments of hazardous waste and hazardous recyclable material (with the exception of those transported by rail – see paragraphs 21 and 22) crossing the Canadian border must be accompanied by two documents:

Permit

14. A permit is issued by ECCC upon completion of the notification review and receipt of the approval in writing from the competent authorities for the jurisdiction of destination and/or transit, if applicable.

15. The permit specifies:

16. The permit is normally valid for up to one year upon being issued and is site-to-site specific.

Movement Document

17. On , ECCC implemented the new movement tracking module in the Canadian Notice and Movement Tracking System (CNMTS). As a result, the format of the movement document generated by the CNMTS is slightly different then the original form. Usage of the CNMTS is currently optional but is strongly encouraged.

Note: ECCC will progressively phase out the original carbon-paper copies of movement documents over the next few months to allow industry to exhaust their stock of documents. As a result, until further notice, there will be two formats of movement documents in use.

18. A movement document (original or a copy – paper or electronic) must accompany all hazardous waste and hazardous recyclable materials imports into, exports from, and transits through Canada, including transits through the United States at the time of exit and re-entering into Canada. The movement document provides detailed information on:

19. At the time when the shipment reaches the border, parts A and B of the movement document must be completed.

20. When applicable, an “attachment form for successive carriers” may accompany the movement document. An example of the original movement document can be found in Schedule 9 of the EIHWHRMR, and an “attachment form for successive carriers” can be found on ECCC Web page Forms under the regulations for hazardous wastes or recyclables.

Permit of Equivalent Level of Environmental Safety (PELES)

21. Section 190 of Canadian Environment Protection Act, 1999 (CEPA, 1999) authorizes the issuance of a permit of equivalent level of environmental safety (PELES), which may be used to obtain a variance from the EIHWHRMR under specific conditions. Variances must be consistent under Canada's international obligations, and must provide an equivalent level of environmental safety. They are issued on a case-by-case basis in accordance with objective criteria set by ECCC. PELES may be issued by ECCC on various activities involving hazardous waste and hazardous recyclable material that may change specific conditions of the permit or the movement document. Any questions relating to PELES should be directed to ECCC regional offices regional offices.

Rail Transportation

22. In the case of hazardous waste and/or hazardous recyclable material transported by rail, sections 12, 19, 26, and 31 of the EIHWHRMR allow the movement document to be replaced by a rail consist, provided that a rail consist contains the same information as movement document.

23. Although a permit and movement document does not have to accompany the shipments of hazardous waste and/or hazardous recyclable material transported by rail, it is important to remember that:

Reporting to Canada Border Services Agency Offices

24. For shipments of hazardous waste and hazardous recyclable materials that are imported, exported or which transit through Canada as well as Canada-to-Canada transits passing through the United States, the importer, exporter, customs broker, or an authorized carrier must provide to the CBSA, at the time the goods are reported, copies of the movement document and permit, plus attachments as applicable.

25. Further information concerning the release of commercial goods can be found in the Memorandum D17-1-4, Release of Commercial Goods.

26. Please refer to the Reporting of Exported Goods Regulations for specific time frames for reporting at the CBSA export reporting offices.

27. Shipments of hazardous waste and hazardous recyclable material imported, exported or in transit through Canada will not be allowed to proceed until the following documents have been submitted to the CBSA:

28. Authorized carriers must retain permits and movement documents (original or copy) throughout the movement of the shipment.

29. In the case of hazardous waste or hazardous recyclable material being transported by rail, the permit and the movement document are not required to accompany the shipment; however, copies of the permit and movement document must be submitted by the importer, customs broker or the carrier to the CBSA before these shipments can be released (see paragraph 23).

30. Any shipment suspected to be hazardous waste and hazardous recyclable material that is not accompanied by the proper documentation (the proper documentation has not been submitted to the CBSA) will be detained.

31. If required documents related to the hazardous waste or hazardous recyclable material entering or exiting Canada have not been submitted to the CBSA, or information on required documents is not correct or missing, a penalty may be issued by the CBSA for not providing the required other government department (OGD) documents or for not providing the required OGD information before the goods are released. For more information, consult the CBSA Administrative Monetary Penalty System (AMPS) Web page, or Memorandum D22-1-1, Administrative Monetary Penalty System.

32. When it is impossible to submit the release information to the CBSA electronically, i.e. when processing paper release documents, or paper export declarations, border services officers, upon review, must date-stamp collected documents (movement document and permit with all applicable amendments) and forward them to ECCC at the following address:

Environment and Climate Change Canada
Waste Reduction and Management Division
Place Vincent Massey
351 St. Joseph Boulevard, 9th floor
Gatineau QC  K1A 0H3

Telephone: 1-844-524-5295

E-mail: ec.dm-md.ec@canada.ca

Implementation of the CBSA Single Window Initiative (SWI)

33. On the CBSA implemented the SWI Integrated Import Declaration (IID) release service option that allows importers and customs brokers (must be registered with the CBSA) to submit and obtain electronic release for goods also regulated by other departments and agencies.

34. As of release requests for hazardous waste and hazardous recyclable material may be provided to the CBSA electronically by submitting an IID (service option 911). The IID must include the following information:

35. Permits and movement documents may now be submitted via the Document Imaging Functionality (Service Option 927).

36. Border services officer will verify the content of both documents to ensure that data elements match.

37. Shipments will be released only when all IID information is correct and complete, and border service officer, upon visual examination of the shipment, is satisfied that it complies with the import requirements.

38. ECCC will receive the IID information upon release of each shipment.

39. For more information on the SWI, visit the Single Window Initiative Web page. The SWI IID Electronic Commerce Client Requirements Document (ECCRD) provides technical and system requirements information. Appendix B3.1 of the ECCRD’s Chapter 23 includes a list of required data elements. Exclusions from the requirements under the EIHWHRMR.

Exclusions from the requirements under the EIHWHRMR

40. The import requirements set out in the EIHWHRMR do not apply to the Department of National Defence (DND) under certain circumstances. DND is required to notify ECCC of an intended import of hazardous waste or hazardous recyclable material and receive a permit. They are, however, exempt from the need to complete and carry a movement document as well as from providing the CBSA with copies of the permit and movement document at the time of report as set out in section 12 of the Customs Act. This exemption applies when:

41. The following waste and substances are not considered hazardous wastes or hazardous recyclable materials when:

Return of Hazardous Wastes or Hazardous Recyclable Materials

42. For shipments of hazardous waste or hazardous recyclable material that are not accepted by the disposal/recycling facility in the country of import, the Canadian exporter is to notify the director, Waste Reduction and Management Division, at the address provided in paragraph 32 of this memorandum and must make necessary arrangements for its return to Canada. The return of shipments not accepted by the disposal/recycling facility is considered a separate export or import and is subject to specific notification and permitting requirements.

43. Procedures to follow for importers/exporters in such instances can be found in Part 5 of the EIHWHRMR.

44. Shipments that cannot be disposed of or recycled as intended at the receiving authorized recycling/disposal facility that was named in the original permit need to be returned to the original shipping site in the country of departure. These return shipments require an export or import permit for the purposes of a return and are tracked by ECCC through a new separate movement document to ensure they are returned to the original Canadian exporter or the foreign exporter as the case may be. Therefore, authorized carriers will provide the CBSA, either when entering or exiting Canada, photocopies of:

45. Border services officers will review the content of both documents and will follow existing procedures for processing imports or exports of hazardous waste shipments.

Emergencies

Incidents involving leaks or spills of hazardous wastes or hazardous recyclable materials should be reported immediately to the Canadian Transport Emergency Centre (CANUTEC) at 1-888-CAN-UTEC (226-8832), 613-996-6666 or *666 on a cellular phone.

46. The CBSA can obtain additional information on dealing with emergencies involving hazardous waste or hazardous recyclable materials by contacting the Canadian Transport Emergency Centre (CANUTEC) at 613-992-4624. CANUTEC is a national advisory service provided by Transport Canada to assist in handling dangerous goods emergencies.

47. Emergencies involving hazardous wastes or hazardous recyclable materials should also be reported to the nearest ECCC regional or district office.

Penalties

48. The courts may impose penalties in accordance with the fine scheme specified in Canadian Environment Protection Act, 1999, in sections 272, 273 and 276.

CBSA Administrative Monetary Penalty System (AMPS)

49. The Administrative Monetary Penalty System (AMPS) authorizes the CBSA to impose monetary penalties for non-compliance with the Customs Act, the Customs Tariff and the regulations under these Acts, as well as contraventions of the terms and conditions of licensing agreements and undertakings.

50. More information concerning AMPS can be found on the CBSA Web site, or by consulting the Memorandum D22-1-1, Administrative Monetary Penalty System.

Additional Information

51. Questions on the admissibility of any shipment of hazardous waste or hazardous recyclable material and for additional information regarding the requirements of the Canadian Environmental Protection Act, 1999, the EIHWHRMR made under that Act or how the Act and Regulations pertain to hazardous waste or hazardous recyclable materials, carriers, importers and exporters, contact Waste Reduction and Management Division, ECCC, at the address provided in paragraph 32.

52. For more information regarding the CBSA’s programs and services, please contact the Border Information Service (BIS) line. Within Canada, you can call BIS toll-free at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064; long distance charges will apply. Agents are available Monday to Friday (08:00 – 16:00 local time, except holidays). TTY is also available within Canada: 1-866-335-3237.

References

Issuing office
Other Government Department Programs Unit
Policy and Program Management Division
Commercial Program Directorate
Commercial and Trade Branch
Headquarters file
68462
Legislative references
Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations
Canada Border Services Agency Act,
Customs Act
Canadian Environment Protection Act, 1999
Reporting of Exported Goods Regulations
Transportation Dangerous Goods Act, 1992
Other references
D17-1-4, D19-2-1, D19-6-1, D19-13-5, D22-1-1
Superseded memorandum D
D19-7-3, April 6, 2016
Date modified: