EXTRA Vol. 136, No. 11

Canada Gazette Part II

OTTAWA, THURSDAY, AUGUST 15, 2002

Registration
SOR/2002-300 8 August, 2002

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Regulations Amending the Export and Import of Hazardous Wastes Regulations

P.C. 2002-1393 8 August, 2002

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a) , the Minister of the Environment published in the Canada Gazette, Part I, on April 20, 2002, a copy of the proposed Regulations Amending the Export and Import of Hazardous Wastes Regulations, substantially in the form set out in the annexed Regulations, and persons were given an opportunity to file comments with respect to the Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 191 of the Canadian Environmental Protection Act, 1999 (see footnote b) , hereby makes the annexed Regulations Amending the Export and Import of Hazardous Wastes Regulations.

REGULATIONS AMENDING THE EXPORT AND IMPORT OF HAZARDOUS WASTES REGULATIONS

AMENDMENTS

1. (1) The definition "hazardous waste" (see footnote 1)  in subsection 2(1) of the Export and Import of Hazardous Wastes Regulations (see footnote 2)  is replaced by the following:

"hazardous waste" means a product, substance or organism that is intended for disposal or recycling, including storage prior to disposal or recycling, and that is

(a) listed in Schedule III; or

(b) included in any of classes 2 to 6 and 8 and 9 of the Transportation of Dangerous Goods Regulations, except a product, substance or organism that is

• (i) household in origin, or
  (ii) returned directly to its manufacturer or supplier for reprocessing, repackaging or resale, including a product, substance or organism that is

• • (A) defective or otherwise not usable for its original purpose, or
    (B) in surplus quantities but still usable for its original purpose. (déchets dangereux)

(2) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

"manifest" means the manifest set out in Form 3 of Schedule II. (manifeste)

(3) Section 2 of the Regulations is amended by adding the following after subsection (2):

(2.1) For the purposes of these Regulations, in order to determine if a hazardous waste is a class 9 substance under the Transportation of Dangerous Goods Regulations, the expression "disposal" in subparagraphs 2.43(b)(iv) and (v) of those Regulations shall be read as "disposal or recycling".

2. (1) Clause 6(g)(ii)(A) of the Regulations is replaced by the following:

• • (A) within three days after the person accepts delivery of the hazardous waste, a copy of the completed and signed manifest, and

(2) Paragraphs 6(l) to (n) of the Regulations are repealed.

3. (1) Paragraph 7(b) of the French version of the Regulations is replaced by the following:

b) le pays d'exportation est partie à la Convention ou à l'Accord entre le Canada et les États-Unis concernant les déplacements transfrontaliers de déchets dangereux, entré en vigueur le 8 novembre 1986;

(2) Clause 7(e)(ii)(A) of the Regulations is replaced by the following:

• • (A) within 3 days after the importer accepts delivery of the hazardous waste, a copy of the completed and signed manifest, and

(3) Paragraphs 7(j) to (l) (see footnote 3)  of the Regulations are repealed.

4. Paragraph 8(e) of the Regulations is replaced by the following:

(e) the conditions set out in paragraph 7(m) are met, the manifest having been completed in accordance with section 29.

5. (1) Clause 11(g)(ii)(A) of the Regulations is replaced by the following:

• • (A) within three days after the person accepts delivery of the hazardous waste, a copy of the completed and signed manifest, and

(2) Paragraphs 11(l) to (n) of the Regulations are repealed.

6. (1) Clause 12(e)(ii)(A) of the Regulations is replaced by the following:

• • (A) within 3 days after the importer accepts delivery of the hazardous waste, a copy of the completed and signed manifest, and

(2) Paragraphs 12(j) to (l) (see footnote 4)  of the Regulations are repealed.

7. Paragraph 13(e) of the Regulations is replaced by the following:

(e) the conditions set out in paragraph 12(m) are met, the manifest having been completed in accordance with section 29.

8. (1) Paragraph 16(1)(a) of the Regulations is replaced by the following:

(a) the conditions set out in paragraphs 11(a), (b), (d), (f) to (j), (p) to (s) and (u) and are met;

(2) Paragraph 16(1)(d) of the Regulations is repealed.

9. (1) Paragraph 17(1)(a) of the Regulations is replaced by the following:

(a) the conditions set out in paragraphs 12(a), (d) to (h), (n) to (q) and (s) are met;

(2) Paragraph 17(1)(d) (see footnote 5)  of the Regulations is repealed.

10. The Regulations are amended by adding the following after section 21:

PART V

MANIFEST REQUIREMENTS

Export Manifest

22. A manifest shall have a unique manifest reference number for each shipment of hazardous waste, provided by the Minister or the province of export.

23. (1) The exporter shall, before transporting hazardous waste, complete and sign Part A of the manifest, indicating the notice reference number referred to in subsection 3.1(3) and the applicable shipping name for the hazardous waste set out in the Transportation of Dangerous Goods Regulations.

(2) The exporter shall add the word "waste" or "recyclable", as applicable, to the shipping name, unless that word is already part of, or implied in, the shipping name.

(3) In the case of hazardous waste referred to Column I in Division (B) of Part I of Schedule III, the exporter shall add the words "biomedical waste" to the shipping name and shall give the identification number set out in Column II as the product identification number.

(4) In the case of hazardous waste referred to in Column I of Division (C) of Part I of Schedule III, the exporter shall give "household wastes" as the shipping name and shall give the identification number set out in Column II as the product identification number.

(5) In the case of hazardous waste referred to in Column I of item 2 of Division (A) of Part I of Schedule III or in Part IV of that Schedule, the exporter shall give

(a) if the waste is a solid, "Environmentally hazardous substances, solid, N.O.S.", followed by the name "polychlorinated dibenzofurans", "polychlorinated dibenzo-p-dioxins" or "polychlorinated napthalenes", as the case may be, as the shipping name, "UN3077" as the product identification number, "9" as the classification and "III" as the packing group; and

(b) if the waste is a liquid, "Environmentally hazardous substances, liquid, N.O.S." followed by the name "polychlorinated dibenzofurans", "polychlorinated dibenzo-p-dioxins" or "polychlorinated napthalenes", as the case may be, as the shipping name, "UN3082" as the product identification number, "9" as the classification and "III" as the packing group.

24. The exporter shall send a copy of the manifest, with Part A completed by the exporter and B completed by the first authorized carrier, within three days after providing the manifest to the first authorized carrier, to

(a) the Minister; and

(b) the authorities of the province of export.

25. Every carrier that transports hazardous waste shall complete, sign and date Part B of the manifest and provide it, on delivery, to the next carrier, if any.

26. The exporter shall obtain a copy of the manifest, with all Parts completed, and ensure that copies of the completed manifest are sent, within three days after the hazardous waste is delivered to the authorized facility, to

(a) the Minister;

(b) the authorities of the province of export; and

(c) every carrier of the hazardous waste.

27. The carrier and the exporter shall keep, at their principal place of business in Canada, a copy of the manifest for a period of two years following the date of export.

Import Manifest

28. A manifest shall have a unique manifest reference number for each shipment of hazardous waste, provided by the Minister or the province of import.

29. (1) Part A of the manifest, indicating the notice reference number referred to in subsection 3.1(3) and the applicable shipping name for the hazardous waste as set out in the Transportation of Dangerous Goods Regulations, shall be completed and signed, before the transport of the hazardous waste, by the person who exports the hazardous waste from the country of export.

(2) The word "waste" or "recyclable", as applicable, shall be added to the shipping name, unless that word is already part of, or implied in, the shipping name.

(3) In the case of hazardous waste referred to in Column I of Division (B) of Part I of Schedule III, the words "biomedical waste" shall be added to the shipping name, and the applicable identification number set out in that Division shall be given as the product identification number.

(4) In the case of hazardous waste referred to in Column I of Division (C) of Part I of Schedule III, "household wastes" shall be given as the shipping name, and the applicable identification number set out in Column II of that Division shall be given as the product identification number.

(5) In the case of hazardous waste referred to in Column I of item 2 of Division (A) of Part I of Schedule III or in item 1 of Part IV of that Schedule,

(a) if the waste is a solid, "Environmentally hazardous substances, solid, N.O.S.", followed by the name "polychlorinated dibenzofurans", "polychlorinated dibenzo-p-dioxins" or "polychlorinated napthalenes", as the case may be, shall be given as the shipping name, "UN3077" as the product identification number, "9" as the classification and "III" as the packing group; and

(b) if the waste is a liquid, "Environmentally hazardous substances, liquid, N.O.S." followed by the name "polychlorinated dibenzofurans", "polychlorinated dibenzo-p-dioxins" or "polychlorinated napthalenes", as the case may be, shall be given as the shipping name, "UN3082" as the product identification number, "9" as the classification and "III" as the packing group.

30. The importer shall ensure that a copy of the manifest, with Part A completed by the person who exports hazardous waste from the country of export and Part B completed by the first authorized carrier, is sent, within three days after the manifest is provided to the first authorized carrier, to

(a) the Minister; and

(b) the authorities of the province of import.

31. Every carrier that transports hazardous waste shall complete, sign and date Part B of the manifest and provide it, on delivery, to the next carrier, if any.

32. The importer, within three days after receiving the hazardous waste at the authorized facility, shall complete and sign Part C of the manifest and send copies of the completed manifest to

(a) the Minister;

(b) the authorities of the province of import;

(c) the person who exports the hazardous waste from the country of export; and

(d) every carrier of the hazardous waste.

33. The carrier and the importer shall keep at their principal place of business in Canada a copy of the manifest for a period of two years following the date of import.

11. The section references after the heading "Schedule II/ Annexe II" in Schedule II to the Regulations are replaced by the following:

(Subsections 2(1) and 3.1(1) and (2) /
paragraphes 2(1) et 3.1 (1) et (2))

12. Schedule II to the Regulations is amended by adding the following after Form 2:

FORM 3

13. The section references after the heading "SCHEDULE III" in Schedule III to the Regulations are replaced by the following:

(Subsection 2(1), paragraphs 6(o) and (u) and 7(m) and (s),
section 10, paragraphs 11(o) and (t) and 12(m) and (r),
section 15, paragraphs 16(1)(e) and (f)
and 17(1)(e) and (f) and sections 23 and 29)

14. The portion of items 3 and 4 of Part II of Schedule III to the Regulations in column I is replaced by the following:

Item	Column I Type of Hazardous Waste
3.	Sludge that contains leaded anti-knock compounds and comes within class 6.1 or 9 of TDGR
4.	Tarry residues, excluding asphalt ciment, from refining, distillation or any pyrolytic treatment that come within class 6.1 or 9 of TDGR and are wastes

15. The portion of item 19 of Part II of Schedule III to the Regulations in column I is replaced by the following:

Item	Column I Type of Hazardous Waste
19.	Powders, sludge, dust, solids that encase liquids or liquids that are leachable toxics that come within class 9 of TDGR, are wastes and are not described in another item of this Schedule

16. Part III of Schedule III to the Regulations is replaced by the following:

PART III

Item	Column I Type of Hazardous Waste	Column II Identification Number
1.	Ashes, residues, slag, dross, skimmings, scalings, dust, sludge or cake that comes from the manufacture of iron or steel, comes within class 4, 6.1, 8 or 9 of TDGR and is not described in another item of this Schedule	CR1001
2.	Zinc ashes, residues, slag, dross, skimmings, scalings, dust, sludge or cake that comes within class 4, 5.1, 6.1, 8 or 9 of TDGR and is not described in another item of this Schedule	CR1002
3.	Lead ashes, residues, slag, dross, skimmings, scalings, dust, sludge or cake that comes within class 6.1, 8 or 9 of TDGR and is not described in another item of this Schedule	CR1003
4.	Copper ashes, residues, slag, dross, skimmings, scalings, dust, sludge or cake that comes within class 4, 6.1, 8 or 9 of TDGR and is not described in another item of this Schedule	CR1004
5.	Aluminum ashes, residues, slag, dross, skimmings, scalings, dust, sludge or cake that comes within class 4, 8 or 9 of TDGR and is not described in another item of this Schedule	CR1005
6.	Vanadium ashes, residues, slag, dross, skimmings, scalings, dust, sludge or cake that comes within class 6.1, 8 or 9 of TDGR and is not described in another item of this Schedule	CR1006
7.	Ashes, residues, slag, dross, skimmings, scalings, dust, sludge or cake that contains metals or metal compounds, comes within class 4, 5, 6.1, 8 or 9 of TDGR and is not described in another item of this Schedule	CR1007
8.	Residues that come from alumina production, except neutralized red mud, and come within class 6.1 or 9 of TDGR	CR1008
9.	Ashes or slag that comes within class 4, 5, 6.1, 8 or 9 of TDGR and is not described in another item of this Schedule	CR1009
10.	Residues that come from the combustion of municipal waste and come within class 9 of TDGR	CR1010
11.	Wastes that come from the production or processing of petroleum coke or bitumen, excluding anode butts, and come within class 4 or 6.1 of TDGR	CR1011
12.	Lead-acid batteries, whole or crushed, that come within class 8 or 9 of TDGR and are wastes	CR1012
13.	Oils that come within class 3 or 9 of TDGR and are wastes	CR1013
14.	Mixtures or emulsions of oil and water or of hydrocarbons and water that come within class 3 or 9 of TDGR and are wastes	CR1014
15.	Wastes that come from the production, formulation or use of inks, dyes, pigments, paints, lacquers or varnish and come within any of classes 3 to 6.1, 8 and 9 of TDGR	CR1015
16.	Wastes that come from the production, formulation or use of resins, latex, plasticizers, glues or adhesives and come within any of classes 3 to 6.1, 8 and 9 of TDGR	CR1016
17.	Wastes that come from the production, formulation or use of reprographic or photographic chemicals or processing materials, except photographic film base or photographic film waste that does not contain silver, and come within class 6.1, 8 or 9 of TDGR	CR1017
18.	Single-use cameras that have batteries, come within class 9 of TDGR and are wastes	CR1018
19.	Wastes that result from surface treatment of metals or plastics using non-cyanide-based processes and that come within class 6.1, 8 or 9 of TDGR	CR1019
20.	Asphalt cement that comes within class 4, 6.1 or 9 of TDGR and is a waste	CR1020
21.	Phenols or phenol compounds, including chlorophenol, in the form of liquids or sludges, that come within class 6.1 or 9 of TDGR and are wastes	CR1021
22.	Treated cork or wood that comes within class 4, 6.1 or 9 of TDGR and is a waste	CR1022
23.	Batteries or accumulators, whole or crushed, other than lead-acid batteries, that come within class 6.1, 8 or 9 of TDGR and are wastes, or waste or scrap from the production of batteries or accumulators that comes within class 6.1, 8 or 9 of TDGR	CR1023
24.	Nitrocellulose that comes within class 3 or 4.1 of TDGR and is a waste	CR1024
25.	Glass from cathode-ray tubes or other activated glasses that come within class 9 of TDGR and are wastes	CR1025
26.	Dust, ashes, sludge or flours from the tanning of leather that come within class 3, 4, 6.1 or 9 of TDGR	CR1026
27.	Calcium fluoride sludges that come within class 8 or 9 of TDGR	CR1027
28.	Inorganic fluoride compounds, excluding calcium fluoride, that are in the form of liquid or sludge, come within class 5.1, 6.1, 8 or 9 of TDGR and are wastes	CR1028
29.	Zinc slag that contains not more than 18% zinc by weight and comes within class 9 of TDGR	CR1029
30.	Galvanic sludges that come within class 6.1, 8 or 9 of TDGR	CR1030
31.	Liquors that come from the pickling of metals, come within class 6.1, 8 or 9 of TDGR and are wastes	CR1031
32.	Sands that come from foundry operations, come within class 6.1 or 9 of TDGR and are wastes	CR1032
33.	Thallium compounds that come within class 5.1, 6.1 or 9 of TDGR and are wastes	CR1033
34.	Ethers that come within class 2, 3 or 6.1 of TDGR and are wastes	CR1034
35.	Residues in solid form that contain precious metals and traces of inorganic cyanides and come within class 6.1 or 9 of TDGR	CR1035
36.	Hydrogen peroxide solutions that come within class 5.1 of TDGR and are wastes	CR1036
37.	Triethylamine catalysts for setting foundry sands that come within class 4, 6.1 or 9 of TDGR and are wastes	CR1037
38.	Arsenic wastes that come within class 6.1 or 9 of TDGR	CR1038
39.	Waste that contains or consists of mercury and comes within class 6.1, 8 or 9 of TDGR	CR1039
40.	Ashes, sludge, dust or other residues that contain precious metals and come within class 4, 6.1 or 9 of TDGR	CR1040
41.	Catalysts that come within class 4 or 8 of TDGR and are wastes	CR1041
42.	Dust, sludge or leaching residues from zinc processing that come within class 9 of TDGR	CR1042
43.	Hydrates of aluminum that come within class 6.1 of TDGR and are wastes	CR1043
44.	Alumina that comes within class 6.1 of TDGR and is a waste	CR1044
45.	Wastes that contain or consist of inorganic cyanides, except those cyanides contained in residues described in item 35, or organic cyanides and come within class 4, 6.1 or 9 of TDGR	CR1045
46.	Wastes of an explosive nature that do not come within class 1 of TDGR and are not described in another item of this Schedule	CR1046
47.	Wastes that come from the manufacture, formulation or use of wood-preserving chemicals and come within class 6.1 of TDGR	CR1047
48.	Leaded gasoline sludge that comes within class 6.1 or 9 of TDGR	CR1048
49.	Used blasting grit that comes within class 6.1 or 9 of TDGR	CR1049
50.	Wastes that contain or consist of chlorofluorocarbons and come within class 2 or 6.1 of TDGR	CR1050
51.	Halons that come within class 2 of TDGR and are wastes	CR1051
52.	Fluff that comes from metal shredding, comes within class 9 of TDGR and is a waste	CR1052
53.	Heat-transfer fluids that come within class 6.1 or 9 of TDGR and are wastes	CR1053
54.	Hydraulic fluids that come within class 3, 6.1 or 9 of TDGR and are wastes	CR1054
55.	Brake fluids that come within class 3, 6.1 or 9 of TDGR and are wastes	CR1055
56.	Antifreeze fluids that come within class 3 or 6.1 of TDGR and are wastes	CR1056
57.	Ion-exchange resins that come within class 6.1, 8 or 9 of TDGR and are wastes	CR1057
58.	Organic phosphorus compounds that come within class 3, 6.1 or 9 of TDGR and are wastes	CR1058
59.	Non-halogenated solvents that come within class 3, 6.1 or 9 of TDGR and are wastes	CR1059
60.	Halogenated solvents that come within class 3, 6.1, 8 or 9 of TDGR and are wastes	CR1060
61.	Halogenated or non-halogenated non-aqueous distillation residues from organic solvent recovery operations that come within class 3, 4, 6.1, 8 or 9 of TDGR	CR1061
62.	Wastes that come from the production, formulation or use of biocides or phytopharmaceuticals and come within any of classes 3 to 6.1, 8 and 9 of TDGR	CR1062
63.	Wastes that come from the production or preparation of pharmaceutical products and come within any of classes 3 to 6.1, 8 and 9 of TDGR	CR1063
64.	Acidic solutions that come within class 8 or 9 of TDGR and are wastes	CR1064
65.	Basic solutions that come within class 8 or 9 of TDGR and are wastes	CR1065
66.	Surface-active agents that come within class 6.1 or 9 of TDGR and are wastes	CR1066
67.	Inorganic halide compounds, other than sodium, calcium and potassium chlorides, that come within class 5.1, 6.1, 8 or 9 of TDGR and are wastes	CR1067
68.	Wastes that come from industrial pollution-control devices used to clean industrial off-gases, come within class 6.1, 8 or 9 of TDGR and are not described in another item of this Schedule	CR1068
69.	Gypsum that comes from chemical industry processes, comes within class 6.1, 8 or 9 of TDGR and is a waste	CR1069
70.	Magnesium that comes within class 4 of TDGR and is a waste	CR1070
71.	Zirconium that comes within class 4 of TDGR and is a waste	CR1071
72.	Gallium that comes within class 8 of TDGR and is a waste	CR1072
73.	Drosses that contain zinc, come within class 9 of TDGR and are wastes	CR1073
74.	Polymers of styrene, in the form of expandable beads, that come within class 9 of TDGR and are wastes	CR1074
75.	Unsaturated-oil-treated paper, including carbon paper, that is incompletely dry, comes within class 4 of TDGR and is a waste	CR1075
76.	Oily cotton or wet cotton that comes within class 4 of TDGR and is a waste	CR1076
77.	Fish meal or scraps of fish that contain less than 12% moisture by mass, come within class 4 or 9 of TDGR and are wastes	CR1077
78.	Basic slag that comes from the manufacture of iron or steel and comes within class 8 of TDGR	CR1078

COMING INTO FORCE

17. These Regulations come into force on August 15, 2002.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The goal of the Regulations Amending the Export and Import of Hazardous Wastes Regulations (hereinafter referred to as the amended regulations) is to ensure that the current manifest tracking and classification requirements for the international movements of hazardous wastes are maintained.

Under section 191 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Governor in Council has the authority to make regulations respecting conditions governing the import, export, and transit through Canada of hazardous wastes and hazardous recyclable materials.

The amended Regulations are required as a consequence of the new Transportation of Dangerous Goods Regulations (TDG regulations), made pursuant to the Transportation of Dangerous Goods Act, 1992. These new TDG regulations are scheduled to come into force on August 15, 2002.

The Export and Import of Hazardous Wastes Regulations (EIHW regulations) referred to the TDG regulations for establishing the requirement for the use of the waste manifest. The amended regulations continue to refer to the TDG regulations for the purposes of setting out the definition and classification of hazardous waste including hazardous recyclable materials.

The manifest has been used as a means to track shipments of hazardous waste since 1985, when it was first introduced under the TDG regulations. Both the manifest and the classification process under the TDG regulations have been used as important references for several other federal and provincial regulations on hazardous wastes and hazardous recyclable materials, including the EIHW regulations.

Canada is committed to ensuring the proper control of imports and exports of hazardous waste in order to meet its international obligations, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Among the various obligations imposed by these international agreements is the requirement that imports and exports of hazardous waste be accompanied by a movement document such as a manifest. This document ensures that international movements of hazardous wastes are properly tracked from their point of origin until they are received at a facility that is authorized to dispose of or recycle the material in question.

The introduction in CEPA 1999 of new authority to control the movement in Canada of hazardous wastes and hazardous recyclable materials signaled the intention of the Government of Canada to transfer the manifest tracking requirements from the TDG regulations to regulations under CEPA 1999. This approach is reflected in the new TDG regulations.

The new TDG regulations do not include specific sections concerning the manifesting of hazardous waste, nor do they continue to define waste for the purpose of controlling wastes and recyclable materials as a separate category of dangerous goods. In order to maintain the status quo under the EIHW regulations, these requirements must now be directly included in the amended regulations. In addition, the new TDG regulations modify the way in which miscellaneous dangerous goods are classified, which must also be addressed in the amended regulations.

Under the current TDG regulations, permits of equivalent level of safety (PELS) related to manifesting were issued by Transport Canada. Most of the existing TDG regulations PELS are administrative in nature and allow for the types of variances that are planned for the comprehensive Interprovincial Movement of Hazardous Waste and Hazardous Recyclable Materials Regulations. The current EIHW regulations make specific reference to certain TDG regulations PELS to allow the same variances.

Section 190 of CEPA 1999 allows the Minister to issue Permits of Equivalent Level of Environmental Safety (PELES). According to CEPA 1999, a PELES may be issued if it provides a level of environmental safety at least equivalent to that provided by compliance with and is consistent international environmental agreements binding on Canada. Therefore, the Minister will consider issuing PELES under CEPA with conditions similar to the current TDG regulations PELS, where they are consistent with CEPA 1999.

Timing

Environment Canada has initiated consultations on planned major amendments to the EIHW regulations to implement enhanced authority to control imports, exports and transits of hazardous wastes and hazardous recyclable materials under CEPA 1999. However, these major amendments are not expected to be in place until mid-2003. Therefore, the amended regulations are required to ensure that there is no regulatory gap once the new TDG regulations come into force. To avoid any confusion, the entry into force of the amended regulations is being timed to coincide with the entry into force of the new TDG regulations.

Alternatives

A number of alternatives were examined:

(1) Taking no action

Given Canada's international obligations and the routine use of manifests to track hazardous waste shipments internationally and also within Canada, allowing a regulatory gap to occur was not considered as an acceptable alternative.

(2) Accelerating the major amendment to the EIHW regulations

Ongoing manifesting procedures could have been maintained by including these requirements in the planned major amendment to the EIHW regulations. However, accelerating the time frame for the adoption of these major amendments would not allow the time required for necessary stakeholder consultations and development of new requirements on environmentally sound management and reduction plans on exports for final disposal.

(3) Delaying the entry into force of the new TDG regulations

The new TDG regulations include significant changes to improve the Canadian approach to the safety in transport of dangerous goods. It would be inappropriate to delay their entry into force, given the efforts that the regulated community has already expended to prepare for the new requirements. Delaying the entry into force of only those portions that impact the EIHW regulations could have created confusion and regulatory uncertainty due to potential conflicting requirements between the two regulations.

(4) Consequential amendment to the EIHW regulations

Under this alternative, references to the TDG regulations in the EIHW regulations would be replaced by specific sections that are equivalent. This alternative was considered the most appropriate since it will minimize the impact on both the regulated community and the government. It also promotes continuing compliance with well-established and -understood requirements for manifesting.

Benefits and Costs

Benefits

The amended regulations ensure that there is no regulatory gap and that Canada will continue to comply with its international obligations to require manifests for imports and exports of hazardous waste. Regulatory certainty will be maintained. This will facilitate compliance and allow the time required for appropriate consultations on more significant changes to the EIHW regulations.

Costs

It is reasonable to assume that there will be no increase in costs to the regulated community as the control regime is not changing. In addition, the amended regulations will not result in any additional costs for the related enforcement or program activities of Environment Canada.

Since Environment Canada had been consulted by Transport Canada when issuing their PELS relevant to manifesting, there will not be any significant cost to Environment Canada to review the existing TDG PELS and for the Minister to consider issuing PELES under CEPA 1999 with similar conditions. The use of the PELES is planned for the major amendment to the EIHW regulations. Therefore, costs for the evaluation of future applications will be accounted for in the costs for regulations.

Consultation

Environment Canada has informed the governments of provinces and territories and members of the CEPA National Advisory Committee who are representatives of Aboriginal governments of the amended regulations. In addition, Environment Canada's intention to publish these interim consequential amendments was presented to industry, provinces, territories and other stakeholders as part of a series of consultations across Canada on the planned major amendments to the EIHW regulations in 2001 and 2002. There was strong support for maintaining the current system until the planned major amendments are in place. This information was also published on Environment Canada's CEPA Environmental Registry on its Green Lane Internet site.

A 60-day comment period on the regulations followed pre-publication in the Canada Gazette, Part I, on April 20, 2002. Comments were received concerning how the amended regulations will be implemented. None of these comments required changes to the proposed amended regulations. The comments were consistent with those comments received in the parallel Interprovincial Movement of Hazardous Waste Regulations, it proposed that the authority under section 190 of CEPA 1999 for Minister to issue permits of equivalent level of environmental safety (PELES) be used for variances from the manifesting requirements.

Compliance and Enforcement

The amended regulations are being promulgated under CEPA 1999. Therefore, the Compliance and Enforcement Policy implemented under the Act will be applied by CEPA enforcement officers. The amended regulations do not change the current practice. Therefore, no changes are required to the current approach to enforcement and compliance promotion for the EIHW regulations.

Contacts

Suzanne Leppinen
Transboundary Movement Branch
Toxics Pollution Prevention Directorate
Department of the Environment
Ottawa, Ontario
K1A 0H3
Telephone: (819) 997-3378
FAX: (819) 997-3068
E-mail: suzanne.leppinen@ec.gc.ca

Peter Sol
Regulatory and Economic Analysis Branch
Economic and Regulatory Affairs Directorate
Department of the Environment
Ottawa, Ontario
K1A 0H3
Telephone: (819) 994-4484
FAX: (819) 997-2769
E-mail: peter.sol@ec.gc.ca

Footnote a 

S.C. 1999, c. 33

Footnote b 

S.C. 1999, c. 33

Footnote 1 

SOR/2000-103

Footnote 2 

SOR/92-637

Footnote 3 

SOR/94-459

Footnote 4 

SOR/94-459

Footnote 5 

SOR/94-459

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