GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 64
Form of application 64 (1) An application for a permit must be made to the Minister by means of a notification that is in the form specified by the Minister and that is dated and signed. Notification (2) The notification (a) may relate to one or more types of hazardous waste or hazardous recyclable material that were imported to Canada; and (b) must involve only one shipment for the return. Types of hazardous waste or hazardous recyclable material (3) The hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 6(j)(i) to (iii) of Schedule 3 and each type for which all of that information is the same must be recorded as a line entry in the notification. Information in notification (4) The information set out in subparagraphs 6(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 6 of that Schedule must be included in the notification along with a certification, which is dated and signed by the individual who provides the information, that (a) the applicant will ensure that the hazardous waste or hazardous recyclable material is managed in a manner that protects the environment and human health against the adverse effects that may result from it; and (b) the information provided is accurate and complete. Manner of notification (5) The notification must be made in the manner specified by the Minister.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 65
Refusal to issue permit 65 The Minister must refuse to issue a permit if (a) an authorization referred to in subparagraph 185(1)(b)(i) of the Act is not obtained from a country of transit, unless the circumstances in subsection 185(4) of the Act apply; (b) the Minister has reasonable grounds to believe that, if the permit were issued, the movement of hazardous waste or hazardous recyclable material under the permit would not comply with the Act, these Regulations or conditions to an authorization imposed by a country of transit; or (c) the Minister has reasonable grounds to believe that false or misleading information was provided in the notification under section 64 .
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Period of validity of permit 66 A permit is valid for the period set out in it, which cannot be longer than 12 months after the day on which it is issued.
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New application 67 If a permit needs to be amended the permit holder must apply for a new permit.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 68
Suspension of permit required 68 (1) The Minister must suspend a permit if an authority of a country of transit withdraws an authorization referred to in subparagraph 185(1)(b)(i) of the Act. Optional suspension of permit (2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that (a) false or misleading information was provided in the notification under section 64 ; (b) the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit will not comply with the Act, these Regulations or the conditions of an authorization imposed by the jurisdiction of destination or a country of transit; (c) the movement of hazardous waste or hazardous recyclable material under the permit does not comply with the Act, these Regulations or conditions to an authorization imposed by a country of transit; (d) as a result of a natural or artificial disaster or another emergency, the movement of hazardous waste or hazardous recyclable material cannot be in accordance with the permit; or (e) the hazardous waste or hazardous recyclable material is not being managed in a manner that will protect the environment and human health against the adverse effects that may result from it. Notice (3) The Minister must notify the permit holder of the suspension, the reasons for it and the period during which it applies. Manner of notice (4) The Minister notifies the permit holder when the Minister (a) informs the permit holder at their last known address or email address that the notice of the suspension and the reasons for it are available through a generally accessible electronic source and identifies the location of the notice and reasons; or (b) sends the notice and reasons to the permit holder’s last known address or email address. Representations (5) The permit holder may make written representations to the Minister as to why the permit should be reinstated within the period of the suspension. Reinstatement of permit (6) The Minister may reinstate the permit only if the matter that gave rise to the suspension has been resolved or corrected during the period of the suspension.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 69
Revocation of permit 69 (1) The Minister must revoke a permit if the matter that gave rise to a suspension has not been resolved or corrected within the period of suspension. Notice (2) Before revoking a permit, the Minister must notify the permit holder of the proposed revocation and the reasons for it. Manner of notice (3) The Minister notifies the permit holder when the Minister (a) informs the permit holder at their last known address or email address that the notice of the proposed revocation and the reasons for it are available through a generally accessible electronic source and identifies the location of the notice and reasons; or (b) sends the notice and reasons to the permit holder’s last known address or email address. Representations (4) The permit holder may make written representations to the Minister as to why the permit should not be revoked. Date of revocation (5) The revocation of a permit is not effective until 20 days after the day on which the Minister notifies the permit holder.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 70
Conditions 70 For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the return of hazardous waste or hazardous recyclable material to the country of origin under one or more permits that are held by a permit holder are the following: (a) the movement of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits; (b) the conveyance in transit of the hazardous waste or hazardous recyclable material through a country must not be prohibited by that country; (c) the shipment that contains the hazardous waste or hazardous recyclable material must be recorded in a movement document in accordance with sections 71 and 72 ; (d) the movement document completed in accordance with section 72 must be provided, in accordance with that section, to the Minister and the authorities of the province where the facility from which the shipment is shipped is located; (e) while they transport the shipment, every authorized carrier must produce the permit or permits, and Parts A and B of the movement document completed in accordance with section 72 , when they are required to do so to demonstrate that the movement of the shipment complies with this Division; (f) the permit or permits, and Parts A and B of the movement document completed in accordance with section 72 , must be provided to a customs office when the hazardous waste or hazardous recyclable material that is contained in the shipment is required to be reported at the customs office under section 95 of the Customs Act ; (g) the shipment must be delivered to the facility in the country of origin from which the hazardous waste or hazardous recyclable material was originally shipped unless another facility in the country of origin is identified in the permit or permits, in which case the shipment must be delivered to that facility; and (h) the documents referred to in section 73 must be kept in accordance with that section.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 71
Unit of measure 71 The unit of measure set out in the movement document to describe the quantity of a type of hazardous waste or hazardous recyclable material must be the same as that used in the applicable permit.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 73
Permit holder 73 (1) The permit holder must keep all documents that relate to hazardous waste or hazardous recyclable material transported under one or more permits and that are necessary to demonstrate their compliance with this Division at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires. Authorized carrier (2) Each authorized carrier that has a place of business in Canada must keep the following documents that relate to a shipment that contains hazardous waste or hazardous recyclable material that they transported under one or more permits at their principal place of business in Canada for a period of five years after the latest day on which any of the permits expires: (a) all documents that are necessary to demonstrate that the movement of the shipment complies with this Division; and (b) if the authorized carrier transported the shipment in Canada, all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 74
Non-application to the Crown 74 This Division does not apply to Her Majesty in right of Canada or a province.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 75
Amount of insurance — permit holder 75 (1) The amount of liability insurance to be held by a permit holder referred to in any of Divisions 1 to 3, 5 and 6 of this Part is (a) at least $5,000,000 in respect of a shipment that contains hazardous waste; and (b) at least $1,000,000 in respect of a shipment that contains hazardous recyclable material. Amount of insurance — authorized carrier (2) The amount of liability insurance to be held by an authorized carrier that transports a shipment that contains hazardous waste or hazardous recyclable material in Canada is the amount required under federal or provincial legislation that applies to it in respect of the transport of that shipment.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 76
Coverage 76 The liability insurance to be held by a permit holder must be in respect of (a) damages to third parties for which the permit holder is responsible; and (b) costs imposed by law on the permit holder to clean up the environment in respect of any hazardous waste or hazardous recyclable material that is released.
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Period of coverage 77 The insurance must cover liability that arises (a) for a permit holder that imports a shipment under Division 1 of this Part, from the time that the shipment enters Canada until all of the hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility, or, in the circumstances set out in paragraph 14 (1)(u) or (v), until it either is accepted by an authorized facility in Canada that is to perform the final disposal operation or final recycling operation or is shipped from a facility in Canada for return under Division 6 of this Part; (b) for a permit holder that exports a shipment under Division 2 of this Part, from the time that the shipment is shipped from a facility in Canada until all of the hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the receiving facility or (i) in the circumstances set out in paragraph 26 (1)(v), until it either is accepted by an authorized facility in the country of destination that is to perform the final disposal operation or final recycling operation or is shipped under Division 5 of this Part from a facility for return to Canada, or (ii) in the circumstances set out in paragraph 26 (1)(w), until it either is accepted by an authorized facility that is located in the applicable country of destination or transit and that is to perform the final disposal operation or final recycling operation or is shipped under Division 5 of this Part from a facility for return to Canada; (c) for a permit holder that, under Division 3 of this Part, exports a shipment and imports it to Canada after it is conveyed in transit through a foreign country, from the time that the shipment is shipped from a facility in Canada until all of the hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by an authorized facility in Canada; (d) for a permit holder that imports a shipment for return to Canada under Division 5 of this Part, from the time that the shipment is shipped from a facility in the foreign country until it arrives at the facility in Canada to which it is shipped under that Division; (e) for a permit holder that exports a shipment for return to a foreign country of origin under Division 6 of this Part, from the time that the shipment is shipped from a facility in Canada until it leaves Canada; and (f) for an authorized carrier, for the duration of the transportation in Canada.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 79
Conditions 79 For the purposes of subsection 189(1) of the Act, the movement by a person of hazardous waste or hazardous recyclable material within Canada is subject to the following conditions: (a) the shipment that contains the hazardous waste or hazardous recyclable material must be shipped by a consignor to a site that is owned, operated or otherwise controlled by a consignee; (b) the shipment must be recorded in a movement document in accordance with section 80 ; (c) the movement document completed in accordance with section 80 must be provided, in accordance with that section, to the consignor and to the authorities of the provinces from which the shipment is shipped and to which it is delivered; (d) the shipment must be transported only by authorized carriers; (e) while they transport the shipment, every authorized carrier must produce Parts A and B of the movement document completed in accordance with section 80 when they are required to do so to demonstrate that the movement of the shipment complies with this Part; and (f) the documents referred to in section 81 must be kept in accordance with that section.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 80
Part A 80 (1) Before a shipment that contains hazardous waste or hazardous recyclable material is shipped by a consignor, the consignor must ensure that Part A of the movement document is completed as follows: (a) the hazardous waste or hazardous recyclable material must be categorized into separate types by reference to all of the information set out in subparagraphs 1(g)(i) and (ii) of Schedule 4; (b) each type of hazardous waste or hazardous recyclable material for which all of that information is the same must be recorded as a line entry; (c) the information set out in paragraph 1(g) of Schedule 4 must be included in each line entry; (d) the remaining information set out in item 1 of Schedule 4 and a certification that the information provided is accurate and complete must be included; and (e) the individual who provides the information and certification must date and sign Part A. Part A to provincial authorities (2) Within three working days after the day on which the shipment is shipped, the consignor must ensure that Part A of the movement document is provided, in the form and manner specified by the Minister, to the authorities of the provinces from which the shipment is shipped and to which it is or is to be delivered, if those authorities ask for it. Part B (3) Each authorized carrier must (a) complete Part B of the movement document — with Part A completed in accordance with subsection (1) — by including the information set out in item 2 of Schedule 4 and a certification that the information provided is accurate and complete; and (b) ensure that the individual who provides the information and certification dates and signs Part B. Part C (4) Within three working days after the day on which the shipment is delivered to the site, the consignee must ensure that (a) Part C of the movement document — with Part A completed in accordance with subsection (1) — is completed by including the information set out in item 3 of Schedule 4 and a certification that the information provided is accurate and complete; (b) the individual who provides the information and certification dates and signs Part C; and (c) Part B of the movement document completed by each authorized carrier and Part C of the movement document are provided to the consignor. Parts B and C — provincial authorities (5) The consignee must ensure that Part B completed by each authorized carrier and Part C of the movement document are provided to the authorities of the provinces from which the shipment is shipped and to which it is delivered, if those authorities ask for it. Delivery to site (6) For the purposes of subsection (4), delivery of a shipment to the site occurs when the shipment arrives at the site, regardless of when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the consignee.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 81
Consignor 81 (1) The consignor must keep all documents that are necessary to demonstrate their compliance with this Part at their principal place of business in Canada for a period of five years after the day on which the shipment is shipped. Consignee (2) The consignee must keep all documents that are necessary to demonstrate their compliance with this Part at their principal place of business in Canada for a period of five years after the day on which the shipment is delivered to the site. Authorized carrier (3) Each authorized carrier must keep all documents that are necessary to demonstrate that the movement of the shipment complies with this Part at their principal place of business in Canada for a period of five years after the day on which they took possession of the shipment. Delivery to site (4) For the purposes of subsection (2), delivery of a shipment to the site occurs when the shipment arrives at the site, regardless of when hazardous waste or hazardous recyclable material that is contained in the shipment is accepted by the consignee.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 94
Previous notices and permits 94 If a notice is submitted to the Minister as an application for a permit under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations , or a permit is issued in connection with such a notice, those Regulations, as they read immediately before the coming into force of these Regulations, apply to the notice or the permit and to the movement, and the disposal or recycling, of hazardous waste or hazardous recyclable material under the permit.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 95
95 The following Regulations are repealed: (a) the PCB Waste Export Regulations, 1996 7 ; 7 SOR/97-109 (b) the Interprovincial Movement of Hazardous Waste Regulations 8 ; and 8 SOR/2002-301 (c) the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations 9 . 9 SOR/2005-149
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 96
October 31, 2021 96 These Regulations come into force on October 31, 2021.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 1
 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, (K) in the case of hazardous waste or hazardous recyclable material that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and (L) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material, (iv) the total quantity of that type of hazardous waste or hazardous recyclable material, in kilograms or litres, to be shipped under the permit, (v) the proposed number of shipments of that type of hazardous waste or hazardous recyclable material to be shipped under the permit, (vi) the disposal or recycling code for the final disposal operation or final recycling operation that is to be performed on that type of hazardous waste or hazardous recyclable material by an authorized facility other than the receiving facility and the name of the authorized facility that is to perform that operation, and (vii) the quantity and concentration of every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 2
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, (K) in the case of hazardous waste or hazardous recyclable material that produces a leachate that contains one or more environmentally hazardous constituents, the applicable codes, if any, set out in column 1 of Schedule 2 for each environmentally hazardous constituent, and (L) the applicable code, if any, set out in column 1 of Schedule 5 for every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material, (iv) the total quantity of that type of hazardous waste or hazardous recyclable material, in kilograms or litres, to be shipped under the permit, (v) the proposed number of shipments of that type of hazardous waste or hazardous recyclable material to be shipped under the permit, (vi) the disposal or recycling code for the final disposal operation or final recycling operation that is to be performed on that type of hazardous waste or hazardous recyclable material by an authorized facility other than the receiving facility and the name of the authorized facility that is to perform that operation, and (vii) the quantity and concentration of every persistent organic pollutant that is contained in the hazardous waste or hazardous recyclable material.