Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 26
Conditions 26 (1) For the purposes of paragraph 185(1)(c) of the Act, the prescribed conditions for the export of hazardous waste or hazardous recyclable material under one or more permits that are held by a permit holder are the following: (a) the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material must be in accordance with the permit or permits; (b) the export must not be prohibited under the laws of Canada; (c) the country of destination must be a party to the Convention or the Canada-USA Agreement or must be subject to OECD Decision C(2001)107/FINAL and the import of the hazardous waste or hazardous recyclable material must not be prohibited by that country; (d) the conveyance in transit of the hazardous waste or hazardous recyclable material through a country must not be prohibited by that country; (e) the hazardous waste or hazardous recyclable material must not be disposed of or recycled south of 60° south latitude; (f) biomedical waste set out in item 1 of Schedule 6 or anything that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations must be disposed of by means of a final disposal operation; (g) if anything contains PCBs in a concentration greater than 50 mg per kg, the PCBs in that thing or in any residue from its decontamination must be destroyed or irreversibly transformed; (h) the permit holder and 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; (i) all of the contracts referred to in paragraphs 20 (4)(c) to (e) must be in effect; (j) every contract referred to in paragraph 20 (4)(c) must (i) describe each type of hazardous waste or hazardous recyclable material that is to be exported under the contract, (ii) set out the quantity of each type of hazardous waste or hazardous recyclable material, (iii) identify the operation set out in column 2 of Part 1 or 2 of Schedule 1 that is to be performed on each type of hazardous waste or hazardous recyclable material, (iv) state that the hazardous waste or hazardous recyclable material is to be exported in accordance with the permit, and (v) require the foreign importer and the facility to take all feasible measures to assist the permit holder to satisfy the conditions under paragraph 185(1)(c) of the Act; (k) every contract referred to in paragraphs 20 (4)(d) and (e) must (i) describe each type of hazardous waste or hazardous recyclable material that is to be exported under the contract, (ii) set out the quantity of each type of hazardous waste that is to be disposed of, or hazardous recyclable material that is to be recycled, at the authorized facility, (iii) identify the operation set out in column 2 of Part 1 or 2 of Schedule 1 that is to be performed on each type of hazardous waste or hazardous recyclable material at the authorized facility, (iv) state that the hazardous waste is to be disposed of, or the hazardous recyclable material is to be recycled, in accordance with the permit, (v) require the authorized facility to notify the permit holder in writing, within 30 days after the day on which the authorized facility completes an interim or final disposal operation for a type of hazardous waste, or an interim or final recycling operation for a type of hazardous recyclable material, that is recorded as a line entry in the movement document, (A) of the date on which the operation was completed, (B) of the reference number of the movement document, and the line number of the line entry in the movement document, that applies to that type of hazardous waste or hazardous recyclable material, and (C) that the operation was completed in a manner that protects the environment and human health against the adverse effects that may result from the hazardous waste or hazardous recyclable material, and (vi) require the authorized facility to