GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 42
Application 42 (1) An application for a permit to convey hazardous waste or hazardous recyclable material in transit through Canada may be made by any person and 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 both hazardous waste and hazardous recyclable material; (b) may relate to one or more types of hazardous waste or hazardous recyclable material; (c) may relate to one or more shipments that contain the hazardous waste or hazardous recyclable material; and (d) must involve only (i) one foreign exporter, (ii) one foreign importer, (iii) one facility in the country of origin from which the hazardous waste or hazardous recyclable material is to be shipped, and (iv) one receiving facility in the country of destination to which the hazardous waste or hazardous recyclable material is to be delivered. 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 4(i)(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 4(i)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 4 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) all authorized carriers that are to transport the hazardous waste or hazardous recyclable material in Canada hold the liability insurance referred to in Division 7 of this Part; (b) 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 (c) the information provided is accurate and complete. Timing and manner of notification (5) The notification must be made in the manner specified by the Minister (a) within 12 months before the day on which the shipment that contains the hazardous waste or hazardous recyclable material is to be shipped, in the case of a single shipment; and (b) within 12 months before the day on which the first shipment is to be shipped, in the case of multiple shipments.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 43
Refusal to issue permit 43 The Minister must refuse to issue a permit if the Minister has reasonable grounds to believe that (a) if the permit were issued, the transportation of hazardous waste or hazardous recyclable material under the permit would not comply with the Act or these Regulations; or (b) false or misleading information was provided in the notification under section 42 .
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 44
Period of validity of permit 44 A permit is valid for the period set out in it, which cannot be longer than (a) 36 months after the day on which it is issued, in the case of hazardous recyclable material, if (i) the country of origin is subject to OECD Decision C(2001)107/FINAL and, if applicable, the hazardous recyclable material is to be conveyed in transit only through a country that is subject to that Decision, and (ii) the hazardous recyclable material is to be recycled by means of a final recycling operation at a receiving facility that is a pre-consented recovery facility referred to in Case 2 in Chapter II. D (2) of OECD Decision C(2001)107/FINAL, as amended from time to time, to the extent that the amendments are binding on Canada; and (b) 12 months after the day on which it is issued, in any other case.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 45
New application 45 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 — 46
Suspension of permit required 46 (1) The Minister must suspend a permit when, or at any time after, a shipment enters Canada under the permit if (a) the Minister becomes aware that the competent authority of the country of destination or of a country through which the hazardous waste or hazardous recyclable material is to be conveyed in transit after it has left Canada has not authorized the import or conveyance in transit, as the case may be; or (b) the competent authority of one of those countries withdraws its authorization. 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 42 ; (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 transportation of hazardous waste or hazardous recyclable material under the permit does not comply with the Act or these Regulations; (d) as a result of a natural or artificial disaster or another emergency, the transportation 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 — 47
Revocation of permit 47 (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 or if the permit holder requests the revocation. 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 — 48
Conditions 48 For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the conveyance of hazardous waste or hazardous recyclable material in transit through Canada under one or more permits that are held by a permit holder are the following: (a) the transportation of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits; (b) at the time the shipment that contains the hazardous waste or hazardous recyclable material enters Canada, the conveyance in transit of the hazardous waste or hazardous recyclable material through Canada must not be prohibited under the laws of Canada; (c) at the time the shipment enters Canada, the competent authority of the country of destination and of every country through which the hazardous waste or hazardous recyclable material is to be conveyed in transit after it has left Canada must have authorized the import or conveyance in transit, as the case may be; (d) all authorized carriers that transport the hazardous waste or hazardous recyclable material in Canada must hold the liability insurance referred to in Division 7 of this Part; (e) each shipment must be recorded in a separate movement document in accordance with sections 49 and 50 ; (f) the movement document completed in accordance with section 50 must be provided to the Minister in accordance with that section; (g) while they transport the shipment in Canada, every authorized carrier must produce the permit or permits, and Parts A and B of the movement document completed in accordance with section 50 , when they are required to do so to demonstrate that the movement of the shipment complies with this Division; (h) the permit or permits, and Parts A and B of the movement document completed in accordance with section 50 , 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 12 or 95 of the Customs Act ; and (i) the documents referred to in section 51 must be kept in accordance with that section.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 49
Unit of measure 49 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 — 50
Part A 50 (1) Before a shipment that contains hazardous waste or hazardous recyclable material enters Canada under one or more permits, Part A of the movement document must be completed as follows: (a) the information set out in subitem 1(4) of Schedule 10 and a certification that the information provided is accurate and complete must be included; and (b) the individual who provides the information and certification must date and sign Part A. Part B (2) Each authorized carrier that transports the shipment in Canada must 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 10 and a certification that the information provided is accurate and complete. The individual who provides the information and certification must date and sign Part B. Parts A and B to Minister (3) Each authorized carrier that transports the shipment in Canada must provide the movement document — of which Parts A and B are completed in accordance with subsection (1) and (2) — to the Minister, in the form and manner specified by the Minister, within three working days after the shipment leaves Canada.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 51
Permit holder 51 (1) A permit holder that has a place of business in Canada 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 in Canada 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) 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 — 52
When holder of export permit or permits must apply 52 (1) In the circumstances set out in clauses 26 (1)(v)(iii)(B) and (w)(iii)(B), the holder of the export permit or permits must apply for an import permit to return to Canada hazardous waste or hazardous recyclable material that was exported from Canada. Other cases (2) In any other case, a person in Canada may apply for an import permit to return to Canada hazardous waste or hazardous recyclable material that was exported from Canada.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 53
Form of application 53 (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 exported from 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 5(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 5(j)(i) to (iii) of Schedule 3 must be included in each line entry and the remaining information set out in item 5 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 — 54
Refusal to issue permit 54 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 53 .
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 55
Period of validity of permit 55 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.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 56
New application 56 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 — 57
Suspension of permit required 57 (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 53 ; (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 — 58
Revocation of permit 58 (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 — 59
Conditions 59 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 Canada 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 60 and 61 ; (d) the movement document completed in accordance with section 61 must be provided, in accordance with that section, to the Minister and the authorities of the province where the facility to which the shipment is to be delivered 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 61 , 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 61 , 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 12 of the Customs Act ; (g) the shipment must be delivered to the facility in Canada from which the hazardous waste or hazardous recyclable material was originally shipped unless another facility in Canada 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 62 must be kept in accordance with that section.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 60
Unit of measure 60 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 — 62
Permit holder 62 (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 — 63
When holder of import permit or permits must apply 63 (1) In the circumstances set out in clauses 14 (1)(u)(iii)(B) and (v)(iii)(B), the holder of the import permit or permits must apply for an export permit to return to the country of origin hazardous waste or hazardous recyclable material that was imported to Canada. Other cases (2) In any other case, a person in Canada may apply for an export permit to return to the country of origin hazardous waste or hazardous recyclable material that was imported to Canada.