Canada Gazette, Part I, Volume 157, Number 39: Regulations Amending Certain Department of the Environment Regulations

September 30, 2023

Statutory authorities
Canadian Environmental Protection Act, 1999
Environmental Violations Administrative Monetary Penalties Act

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The import, export, and transit of non-hazardous and hazardous electrical and electronic waste (e-waste) can pose risks to both the environment and human health when appropriate measures are not taken to ensure the environmentally sound management of such waste. To address this issue, amendments were made to the United Nations Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (the Convention), more specifically amendments to annexes II, VIII and IX, by imposing controls on the transboundary movement of all e-waste, thus supporting its environmentally sound management. These amendments to the annexes to the Convention are set to enter into force on January 1, 2025. In order for Canada to be in a position to comply with these Convention amendments before they enter into force, regulatory amendments would be necessary.

In addition, the export of hazardous waste (HW) and hazardous recyclable materials (HRM) to developing countries poses environmental and human health risks when this waste is mismanaged or managed in a non-environmentally sound manner in these countries. To mitigate these risks and for Canada to meet its international obligations under the Convention, amendments to prohibit the export of most hazardous waste and hazardous recyclable materials to developing countries should be made to the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Materials Regulations (the Regulations). Further, through the ongoing administration of the Regulations, the Department of the Environment (the Department), has identified the need to clarify some provisions of the regulatory text, such as at which point a permit for transboundary movements must be obtained, and what constitutes waste.

Background

The Regulations entered into force on October 31, 2021. These Regulations consolidated and replaced three previous regulations: the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, the PCB Waste Export Regulations, 1996 and the Interprovincial Movement of Hazardous Waste Regulations.

The Regulations aim to ensure that shipments of HW and HRM crossing Canada’s international and interprovincial or territorial borders reach their intended destination, thus reducing the risk of release of contaminants to the environment, in Canada and abroad. The Regulations also contribute to Canada’s ability to meet its obligations under three international instruments respecting the management and international movement of HW and HRM:

  1. United Nations Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Convention);
  2. Decision of the Council on the Control of Transboundary Movements of Wastes Destined for Recovery Operations of the Organisation for Economic Co-operation and Development (OECD Decision), OECD/LEGAL/0266; and
  3. Agreement between the Government of Canada and the Government of the United States concerning the Transboundary Movement of Hazardous Waste (Canada-U.S. Agreement)

Canada has been a Party to the Convention since 1992 and implements it via a permitting regime under the Regulations. Through this regime, Canada obtains consent from the importing and transit countries for exports from Canada as well as from the provincial or territorial jurisdiction for imports into Canada. Over the years, Canada has actively participated in negotiations that serve to review and evaluate the implementation of the Convention, including whether amendments to the Convention are required to further strengthen measures to minimize harm to human health and the environment caused by transboundary movements of HW and HRM.

In 1995, the Conference of the Parties adopted the Ban Amendment, which only entered into force in 2019. Canada has not yet ratified the Ban Amendment and is therefore not currently bound by it. The Ban Amendment was designed to protect the environment and human health in developing countries, where HW and HRM may not be managed in an environmentally sound manner, by preventing Organisation for Economic Co-operation and Development (OECD) countries from shipping HW and HRM to developing countries. The prior informed consent (PIC) procedure, by which the consent of importing countries and any transit countries is obtained prior to an export, is a central component to the Convention.

More recently, the Parties to the Convention negotiated amendments to the annexes to the Convention to make all e-waste, hazardous and non-hazardous, subject to the PIC procedure. This e-waste amendment is set to enter into force on January 1, 2025. Parties to the Convention must implement the e-waste amendments and adopt them by December 31, 2024, or issue a notification of non-acceptance. Under the current Regulations, transboundary movements of hazardous e-waste are controlled, with some exceptions to allow free trade between Canada and OECD countries, while movements of non-hazardous e-waste are not controlled. Amendments to the Regulations are needed for Canada to implement the e-waste Convention amendments.

Objective

The proposed Amendments to the Regulations (the proposed Amendments) aim to align the Regulations with the above-noted amendments to the Convention, and to address issues that have been identified through the implementation of the Regulations. The proposed Amendments would align with amendments to the Convention, allowing Canada to meet its international commitments and contribute to concerted global action to increase environmentally sound management of e-waste, as well as facilitate implementation of the Convention.

Description

The proposed Amendments would allow domestic action that would enable Canada to meet requirements under the Convention as amended and ensure greater clarity of the regulatory requirements.

Proposed Amendments to meet requirements under the Convention

Electrical and electronic waste

The Regulations currently cover specific e-waste described in the definitions of HW and HRM. As part of the proposed Amendments, an amendment to Schedule 6 to the Regulations would be added to include in the definitions of HW and HRM e-waste that does not contain circuit boards, display devices, or any equipment that contains them (for example hair clippers). As a result, a permit would be required for the transboundary movement of this e-waste. The proposed Amendments would control Canadian exports and imports to and from all countries and all transit of e-waste through Canada. The controls on e-waste moving within Canada (i.e. between provinces) would be maintained.

Prohibiting exports to certain countries

To implement the Ban Amendment, the proposed Amendments would prohibit the export of most HW and HRM to non-OECD countries. This prohibition captures exports of HW and HRM that exhibit a hazardous characteristic or are specifically listed in the definitions of HW and HRM in subsections 2(1) and 4(1), respectively, of the Regulations; are considered hazardous under the Convention (subparagraphs 3(1)(c)(i) and 5(1)(c)(i) of the proposed Amendments); or are HW defined or considered hazardous by the foreign country of import (subsection 3(1)(a) of the Regulations). These proposed Amendments are intended to fully align with the obligations under the Ban Amendment.

Other proposed Amendments

Addressing shipments without a permit

The proposed Amendments would clarify that any person intending to export a shipment that contains HW or HRM must hold a permit authorizing the movement prior to any movement of the shipment. This provision would apply to any person that is exporting HW or HRM and hold them accountable for any shipments that are in contravention of the Canadian Environmental Protection Act, 1999 (CEPA) and the Regulations.

Rerouting a shipment to allow an interim operation

The proposed Amendments would allow an interim operation to occur prior to the disposal of the HW by means of a final disposal operation or prior to the recycling of the HRM by means of a final recycling operation. For this interim operation, the Minister must be provided with information to confirm that the authorized facility is approved to undertake the interim operation, as is currently required in the Regulations for the rerouting of a shipment for a final operation.

Waste

The proposed Amendments would modify the definitions of HW to include additional text that would allow for the assessment of whether something is waste using certain characteristics, as opposed to relying entirely on whether something is to be disposed of using one of the specified operations listed in Schedule 1.

Consequential amendments

Consequential amendments to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) would be required. In addition, consequential amendments to the Environmental Violations Administrative Monetary Penalties Regulations would be required.

Regulatory development

Consultation

The Department initiated consultations in March 2023 by releasing a discussion document for public comment. The consultation period was highlighted on Government of Canada websites and social media, and direct email invitations were sent out to about 1 700 known interested parties, including industry, non-governmental organizations, Indigenous groups, other levels of government, and foreign and international bodies. The discussion document outlined the scope of the proposed Amendments to the Regulations and solicited feedback on them, as well as on the validity of the time estimates to conduct administrative tasks as well as the estimated costs for complying with the proposed Amendments. Thirty sets of comments were received from industry stakeholders, associations, and environmental non-governmental organizations. The Department sought clarification of some comments. Further consultations following publication in the Canada Gazette, Part I, will be undertaken.

Stakeholders were generally supportive of strengthening Canada’s ability to meet its obligations under the Convention and agreed with the need to improve the clarity of the Regulations with respect to the proposed Amendments. Some industry stakeholders raised concerns regarding added controls for e-waste, and the estimated time requirements to complete various tasks associated with the implementation of the proposed Amendments.

Industry and association groups

The main concerns raised by industry and industry associations on the proposed Amendments include the following:

The Department has received other comments that are outside of the scope of the proposed Amendments. These comments relate to batteries from electric vehicles, the Canada-U.S. Agreement, the threshold for arsenic and certain types of plastics. Some of these will be considered in a subsequent review, including in the review of the definitions of HW and HRM that was initiated in April 2022, and any possible amendments resulting from this review.

Environmental organizations

Three stakeholders expressed support for controlling all international movements of e-waste and implementing the Ban Amendment.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of modern treaty implications was undertaken to identify the geographic scope and subject matter of the proposed Amendments. An analysis of recent trade data indicated that no permits under the Regulations were issued to Indigenous peoples or to a corporation owned or partially owned by Indigenous peoples, and that no new permits are expected as a result of the proposed Amendments. Accordingly, the assessment did not identify any modern treaty implications or obligations.

Instrument choice

To meet the objectives defined above, it was determined that the only viable option was to amend the Regulations. Non-regulatory options, such as voluntary agreements, were not considered, as these would not ensure Canada’s compliance with the Convention as amended.

Maintaining the status quo was not considered to be a viable option as this would not reduce the risks related to the movement of hazardous and non-hazardous e-waste nor the export of HW and HRM to non-OECD countries. The status quo would prevent Canada from accepting and ratifying amendments under the Convention; additionally, the administrative issues identified above would persist. For these reasons maintaining the status quo was not considered.

Amending the current Regulations would decrease the adverse effects for human health and the environment that can arise from the mismanagement of hazardous and non-hazardous e-waste, allow for Canada to align with the amendments made under the Convention, and clarify the Regulations. In the absence of the proposed Amendments, it is unlikely that the risks posed by the movement of e-waste would be reduced to the extent that is possible.

Regulatory analysis

Benefits and costs

The proposed Amendments introducing a prohibition on exports of most HW and HRM to non-OECD countries are not expected to have a measurable impact, as few shipments have been made to such countries in recent years. It is reasonable to assume that this trend would have continued in the absence of the proposed Amendments and would not be impacted by proposed Amendments related to e-waste. Therefore, the impacts estimated in this analysis are attributable to the proposed Amendments associated with the new controls on the international movement of e-waste. The remaining proposed Amendments are expected to have negligible to no costs to permit holders as they do not change the scope of what is captured, or the requirements for permit holders.

From 2024 to 2033, the proposed Amendments are estimated to lead to an increase in present value costs to industry of $707,050, and an increase in Government costs of $726,150, for a total cost of $1,433,200 over the 10-year time frame of analysis.

Costs to industry

Industry costs are related to the new requirements on e-waste, of which it is estimated 100 000 tonnes are destined for transboundary movements each year. The proposed Amendments would impose additional compliance costs on industry due to the e-waste shipments that would be newly regulated. It is expected that certain exporters, importers, and carriers undertaking proposed newly regulated activities would carry costs related to increased electronic storage needs. This would stem from the requirement that all permit holders maintain documentation of permits and movement documents for five years. It is estimated that 14 importers and exporters, and 14 carriers would each carry a one-time cost of $500 upon the proposed Amendments coming into force for these increased storage needs. They would also carry costs related to time and effort to develop, approve, and review contracts. It is estimated that each of the 14 importers/exporters would require four hours at a cost of approximately $57 per hour to develop 12 contracts on average per year. Additionally, it is expected that importers and exporters would hire a lawyer to review contracts for a total of four hours per year at a cost of approximately $64 per hour. Total compliance costs are estimated to be $294,250 over the 10-year period between 2024 and 2033.

In addition, the proposed Amendments would impose incremental administrative costs on industry attributable to familiarization with the new requirements, the requirement to apply for a permit, the completion of movement documents and the confirmation of disposal or recycling. Total administrative costs are estimated to be $412,750 over the period of analysis. See the “One-for-one rule” section for details on administrative costs.

Government impacts

The proposed Amendments would result in an increase in costs to the Government. The majority of these costs are associated with the new controls on international movement of e-waste, as there would be additional permit applications to process. The proposed Amendments are expected to increase the number of additional permits and the numbers of regulated entities. Therefore, the Department would incur incremental costs associated with processing additional permit applications, as well as incremental enforcement costs related to training of new enforcement officers, inspections, measures to address violations (e.g. warnings, administrative monetary penalties, environmental protection compliance orders, and injunctions), investigations, and prosecutions. From 2024 to 2033, these additional costs are estimated to be $726,150. Within the past four and a half years, an average of 10 shipments per year were returned to Canada as they were refused by the country of transit or the country of import. The proposed Amendments could decrease the quantity of exports of HW and HRM without a permit, which could lead to fewer refusals of these types of shipments by the country of transit or the country of import. This could result in avoided costs to the Government in terms of its relations with other countries, as well as the time and effort required to resolve issues with Canadian exporters and the competent authority of other countries.

Cost-benefit statement
Table 1: Monetized costs
Note: Figures may not add up to totals due to rounding.
Description of cost Undiscounted — 2024 Undiscounted —
2030		 Undiscounted — 2033 Total
(present value)		 Annualized value
Administration costs $13,800 $61,250 $61,250 $412,750 $58,750
Compliance costs $0 $43,150 $43,150 $294,250 $41,900
Total industry costs $13,800 $104,400 $104,400 $707,050 $100,650
Government costs $0 $111,450 $111,450 $726,150 $103,400
Total costs $13,800 $215,850 $215,850 $1,433,200 $204,050
Benefits to health, safety and the environment

Health, safety and environmental benefits would be expected to result from controlling transboundary movement of all e-waste through the PIC procedure. This procedure requires that exporting countries seek the consent of transit and importing countries before exporting controlled wastes. These stricter controls are protective of the environment and human health as they would contribute to achieving environmentally sound management of chemicals and wastes throughout their life cycle. This could contribute to the minimization of harm to human health and the environment by ensuring that countries are consenting to receiving e-waste and ensuring that the transboundary movement and the disposal or recycling of the e-waste is managed in an environmentally sound manner.

Environmental benefits related to the control on movements of e-waste would also accrue outside Canada. The proposed Amendments would minimize the potential damages that could occur from the mismanagement of e-waste by ensuring that the importing countries consent to the movement and that the shipment reaches the intended authorized facility.

Uncertainty analysis

The above costs associated with the proposed Amendments are based on the quantity of e-waste being exported internationally. The analysis employs a study commissioned by the Department to estimate the increase in permits that would be obtained under the proposed Amendments. Based on information obtained during consultation, it was determined that the quantity of exported e-waste used for this analysis may be overestimated; therefore, the true number of permits required, and consequently the costs associated with the proposed Amendments, could be lower than estimated. While the central case estimates there would be approximately 100 000 tonnes of e-waste destined for transboundary movements annually, there may be as few as 30 000 tonnes. If this is the case, the total present value cost of the proposed Amendments is estimated to be approximately $811,600.

Small business lens

Over 300 companies are currently regulated under the Regulations, approximately 290 of which would be considered small businesses, or 95% of the sector. The Department estimates that 28 companies would be impacted by the proposed Amendments, all of which are assumed to be small businesses. For these small businesses, the proposed Amendments are expected to result in incremental administrative costs, such as familiarization with the new requirements, the requirement to apply for a permit, the completion of movement documents, and the confirmation of disposal or recycling. In addition, these small businesses would also have additional compliance costs, such as increased costs for electronic storage of permits and movement documents and costs related to time and effort to develop, approve and review contracts.

The proposed Amendments would limit the administrative burden on some small businesses by maintaining exclusions for movement of e-waste, cells, and batteries for recycling within Canada to support extended producer responsibility and encourage recycling companies and recycling programs to continue their operations and divert these shipments from ending up in landfills.

Flexible approaches to limit cost impacts on small businesses were not considered with the proposed Amendments relating to e-waste, which causes the majority of the cost impacts. Such a scenario could introduce risks to Canadians and the environment associated with the transboundary movement of HW and HRM. In addition, further flexibilities could undermine Canada’s ability to meet its new international obligations pursuant to the Convention e-waste amendments. In addition, the proposed Amendments that would allow a rerouted shipment of HW or HRM to first go for an interim operation prior to being accepted at a facility for a final disposal or recycling operation provides additional flexibility for small businesses that may choose to undertake this action.

Small business lens summary
Table 2: Total compliance and administrative costs
Costs and benefits Annualized value Present value
Compliance costs $41,900 $294,250
Administrative costs $58,750 $412,750
Total costs (all impacted small businesses) $100,650 $707,050
Total cost per impacted small business $3,600 $25,250

One-for-one rule

The one-for-one rule applies since there is an incremental increase in administrative burden on business, and the proposal is considered “burden in” under the rule. No regulatory titles are repealed or introduced. The proposed Amendments would result in an increase in administrative burden on businesses involved in the processing, recycling, recovery, and exporting of e-waste. This incremental burden is due to the new controls on the transboundary movement of e-waste. Regulatees under the proposed Amendments would bear initial one-time costs to familiarize themselves with the requirements associated with the e-waste amendments. It is estimated that 14 importers and exporters would require 8 hours at a cost of approximately $46 per hour, and that 14 carriers would require 4 hours at a cost of approximately $30 per hour to complete this task. Additionally, it is estimated that each of the 14 importers and exporters would complete 13 permit applications each year, which are estimated to take approximately 30 minutes each at a cost of approximately $46 per hour using the electronic system. The main driver of increased administrative costs, however, is estimated to be the completion of movement documents and confirmation of disposal. Each movement of e-waste under a permit would require the completion of a movement document and confirmation of disposal, which would cumulatively take each importer and exporter an estimated 25 minutes at a cost of approximately $30 per hour using the electronic system. It is estimated that 14 importers and exporters would have, on average, 275 movements of e-waste annually. The proposed Amendments controlling the movement of e-waste would increase the overall burden on businesses by $20,300 in annualized administrative costs, or approximately $725 per business annually.footnote 1

Regulatory cooperation and alignment

The proposed Amendments related to e-waste would allow Canada to fulfill its obligations as a Party to the Convention once new controls on international movements of non-hazardous e-waste come into effect on January 1, 2025. Canada will seek to align the proposed Amendments with the outcome of the OECD decision for movements within OECD countries, including the United States, to the extent possible given timing. The proposed amendments would not introduce changes to movements between provinces.

Prohibitions on specific exports to non-OECD countries would allow Canada to ratify the Convention’s Ban Amendment. At present, 103 Parties to the Convention have ratified the Ban Amendment. This includes all members of the European Union, as well as 60 non-OECD Parties. With the proposed Amendments, Canada would be aligning itself with the European Union and many developing countries that have indicated that they support a ban on imports of certain HW and HRM to their country.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a strategic environmental assessment for the proposed Amendments was conducted in 2023 and concluded that the proposed Amendments are in line with the objectives of the Federal Sustainable Development Strategy (FSDS). According to the 2022–2026 FSDS, these objectives include ensuring clean and safe water for all Canadians, reducing waste, and strengthening partnerships to promote global action on sustainable development.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Amendments would come into force on January 1, 2025, several months following the anticipated publication of the final amendments in the Canada Gazette, Part II. It is anticipated that this coming into force date would provide affected stakeholders with sufficient time to familiarize themselves with the proposed Amendments.

Compliance and enforcement

Compliance promotion materials and activities would be focused on highlighting changes for existing permit holders, potential new regulated companies, and other key stakeholders, including transportation companies and associations. Compliance promotion tools could include a combination of the following: frequently asked questions, information sheets, website notifications, the leveraging of communication opportunities with trade associations, and direct mail-outs to Canadian companies.

The proposed Amendments would be made under CEPA; therefore, enforcement officers would, when verifying compliance with the proposed Amendments, apply the compliance and enforcement policy for CEPA. The policy sets out the range of possible enforcement responses to alleged violations. Following an inspection or investigation, when an enforcement officer discovers an alleged violation, the officer would choose the appropriate enforcement action based on the policy.

Service standards

The proposed Amendments would not have an impact on current service standards and performance indicators for issuing permits under the Regulations.

Contacts

Astrid Télasco
Director
Waste Reduction and Management Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 9th Floor
Gatineau, Quebec
K1A 0H3
Email: mt-tm@ec.gc.ca

Maria Klimas
Director
Regulatory Analysis and Valuation Division
Environment and Climate Change Canada
Fontaine Building
200 Sacré-Cœur Boulevard
Gatineau, Quebec
K1A 0H3
Email: ravd.darv@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is given, under subsection 332(1)footnote a of the Canadian Environmental Protection Act, 1999 footnote b, that the Governor in Council proposes to make the annexed Regulations Amending Certain Department of the Environment Regulations under sections 191 and 286.1footnote c of that Act and subsection 5(1) of the Environmental Violations Administrative Monetary Penalties Act footnote d.

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of the Canadian Environmental Protection Act, 1999 footnote a and stating the reasons for the objection. Persons filing comments are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website. Persons filing comments by any other means, and persons filing a notice of objection, should cite the Canada Gazette, Part I, and the date of publication of this notice, and send the comments or notice of objection to Astrid Télasco, Director, Waste Reduction and Management Division, Department of the Environment, Place Vincent Massey, 351 Saint-Joseph Boulevard, 9th Floor, Gatineau, Quebec K1A 0H3 (email: mt-tm@ec.gc.ca).

A person who provides the Minister with information may also submit a request for confidentiality under section 313 of the Canadian Environmental Protection Act, 1999 footnote a.

Ottawa, September 21, 2023

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending Certain Department of the Environment Regulations

Canadian Environmental Protection Act, 1999

Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

1 (1) The definition OECD Decision C(2001)107/FINAL in section 1 of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations footnote 2 is repealed.

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

OECD Decision OECD/LEGAL/0266
means the Decision of the Council of the Organisation for Economic Co-operation and Development, entitled Decision of the Council on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, dated December 31, 2020. (décision OECD/LEGAL/0266 de l’OCDE)

2 (1) The portion of subsection 2(1) of the Regulations before paragraph (a) is replaced by the following:

Definition of hazardous waste

2 (1) For the purposes of Division 8 of Part 7 and Part 10 of the Act and these Regulations, hazardous waste means anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1 or that can no longer be used for its original purpose or be used in its entirety for another purpose and that

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

Exclusions — movement within Canada

(3) For the purposes of the provisions of Division 8 of Part 7 and Part 10 of the Act that relate to the movement of hazardous waste within Canada and for the purposes of Part 2 of these Regulations, hazardous waste referred to in subsection (1) does not include anything set out in item 9 of Schedule 6.

3 (1) The portion of subsection 3(1) of the Regulations before paragraph (a) is replaced by the following:

Waste considered hazardous for export

3 (1) Anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1 or that can no longer be used for its original purpose or be used in its entirety for another purpose, even if it is not hazardous waste within the meaning of subsection 2(1), is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and Divisions 1 to 4, 7 and 8 of Part 1 of these Regulations if it is to be exported to a country of destination or conveyed in transit through Canada or a foreign country and

(2) Paragraph 3(1)(c) of the Regulations is replaced by the following:

4 (1) The portion of paragraph 4(2)(f) of the Regulations before subparagraph (i) is replaced by the following:

(2) The portion of paragraph 4(2)(g) of the Regulations before subparagraph (i) is replaced by the following:

(3) Subsection 4(3) of the Regulations is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):

5 Paragraph 5(1)(c) of the Regulations is replaced by the following:

6 (1) Clause 14(1)(u)(iii)(A) of the Regulations is replaced by the following:

(2) Clause 14(1)(v)(iii)(A) of the Regulations is replaced by the following:

7 The Regulations are amended by adding the following after the heading of Division 2 of Part 1:

Export Prohibited to Certain Countries

Hazardous waste

18.1 (1) It is prohibited for any person to export hazardous waste, as defined in subsection 2(1), with the exception of those set out in item 9 of Schedule 6, provided they do not meet any of the conditions set out in paragraphs 2(1)(b) to (e), or anything defined or considered to be hazardous waste under the legislation of the country of destination and that country is a party to the Convention, or anything considered to be hazardous waste under subparagraph 3(1)(c)(i), to countries not listed in Annex VII of the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada.

Hazardous recyclable material

(2) It is prohibited for any person to export hazardous recyclable material, as defined in subsection 4(1), with the exception of those set out in item 9 of Schedule 6, provided they do not meet any of the conditions set out in paragraphs 4(1)(b) to (e), or anything considered to be hazardous recyclable material under subparagraph 5(1)(c)(i), to countries not listed in Annex VII of the Convention, as it read on May 5, 1992, as amended from time to time, to the extent that the amendments are binding on Canada.

Permit Required Prior to Movement

Requirement

18.2 Any person who intends to export a shipment that contains hazardous waste or hazardous recyclable material must, prior to any movement of the shipment for that purpose, hold a permit authorizing the movement.

8 (1) Clause 26(1)(v)(iii)(A) of the Regulations is replaced by the following:

(A) make all necessary arrangements to dispose of the hazardous waste by means of a final disposal operation or an interim disposal operation followed by a final disposal operation, or to recycle the hazardous recyclable material by means of a final recycling operation or an interim recycling operation followed by a final recycling operation, at one or more other authorized facilities in the country of destination and provide the Minister with the name and address of, and the name of a contact person for, those authorized facilities, the reference number of the movement document and, for each type of hazardous waste or hazardous recyclable material, the line number of the applicable line entry in the movement document, the quantity in kilograms or litres and the applicable disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1, or

(2) Clause 26(1)(w)(iii)(A) of the Regulations is replaced by the following:

(A) make all necessary arrangements to dispose of the hazardous waste by means of a final disposal operation or an interim disposal operation followed by a final disposal operation, or to recycle the hazardous recyclable material by means of a final recycling operation or an interim recycling operation followed by a final recycling operation, at one or more authorized facilities in the country that is represented by the competent authority and provide the Minister with the name and address of, and the name of a contact person for, those authorized facilities, the reference number of the movement document and, for each type of hazardous waste or hazardous recyclable material, the line number of the applicable line entry in the movement document, the quantity in kilograms or litres and the applicable disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1, or

9 The Regulations are amended by adding the following before section 31:

Permit required prior to movement

30.1 Any person who intends to export from and import to Canada following transit through a foreign country a shipment that contains hazardous waste or hazardous recyclable material must, prior to any movement of the shipment for that purpose, hold a permit authorizing the movement.

10 Clause 1(j)(iii)(J) of Schedule 3 to the Regulations is replaced by the following:

(J) in the case of hazardous waste or hazardous recyclable materials that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,

11 Clause 2(j)(iii)(J) of Schedule 3 to the Regulations is replaced by the following:

(J) in the case of hazardous waste or hazardous recyclable material that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,

12 Clause 3(i)(iii)(J) of Schedule 3 to the Regulations is replaced by the following:

(J) in the case of hazardous waste or hazardous recyclable material that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,

13 Clause 4(i)(iii)(J) of Schedule 3 to the Regulations is replaced by the following:

(J) in the case of hazardous waste or hazardous recyclable material that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,

14 Clause 5(j)(iii)(I) of Schedule 3 to the Regulations is replaced by the following:

(I) in the case of hazardous waste or hazardous recyclable material that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,

15 Clause 6(j)(iii)(I) of Schedule 3 to the Regulations is replaced by the following:

(I) in the case of hazardous waste or hazardous recyclable material that is set out in column 2 of Schedule 6 or 12 or column 3 of Schedule 8 or that contains a substance that is set out in column 3 of Schedule 7, the applicable codes, if any, set out in column 1 of the applicable Schedule,

16 The Regulations are amended by replacing “OECD Decision C(2001)107/FINAL” with “OECD Decision OECD/LEGAL/0266” in the following provisions:

17 The English version of the Regulations is amended by replacing “OECD Decision C(2001) 107/FINAL” with “OECD Decision OECD/LEGAL/0266” in the following provisions:

18 Schedule 6 to the Regulations is amended by replacing the references after the heading “SCHEDULE 6” with the following:

(Paragraph 2(1)(a), subsection 2(3), paragraph 4(1)(a), subparagraph 4(3)(j)(i), paragraph 14(1)(e), section 18.1, paragraph 26(1)(f), clause 78(1)(a)(iii)(I) and Schedules 3 and 4)

19 Schedule 6 to the Regulations is amended by adding the following after item 8:
Item

Column 1

Code

Column 2

Description of Hazardous Waste and Hazardous Recyclable Material
9 HAZ9 Other electrical and electronic equipment, not including those set out in code HAZ7.

20 Item 3 of Schedule 9 to the Regulations is repealed.

Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

21 The schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) footnote 3 is amended by adding the following in numerical order:
Item

Column 1

Regulations

Column 2

Provisions
40 Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (a) subsections 18.1(1) and (2)

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

22 Item 1 of Division 12 of Part 5 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations footnote 4 is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
1 18.1(1) B
2 18.1(2) B
3 18.2 B
4 30.1 B
5 78(2) A

Coming into Force

23 These Regulations come into force on January 1, 2025.

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