GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 4
 of the Act that relate to the movement of hazardous recyclable material within Canada and for the purposes of Part 2 of these Regulations, hazardous recyclable material referred to in subsection (1) does not include anything (a) that is to be transported in a quantity of less than 5 kg or 5 L per shipment, unless it contains mercury or meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations ; (b) that remains in a container that is to be transported after the contents of that container have been removed to the maximum extent feasible and before the container is either refilled or cleaned of its residual contents; (c) that is mingled with non-hazardous waste or non-hazardous recyclable material and collected as part of the regular collection of non-hazardous waste and non-hazardous recyclable material by or on behalf of a municipality, unless it is separated from that waste or recyclable material during or after the collection; (d) that is personal or household recyclable material of the individual who transports it; (e) that is generated from the normal operations of a ship and whose discharge is authorized under the Canada Shipping Act, 2001 ; (f) that satisfies the following conditions: (i) it is to be transported in a quantity of 25 kg or 25 L or less per shipment for the purpose of conducting analysis or research with respect to the recycling of that recyclable material, (ii) it does not contain an infectious substance that meets the criteria for inclusion in Class 6.2 as set out in Part 2 of the Transportation of Dangerous Goods Regulations , and (iii) it is accompanied by a document that includes the name and address of the consignor or consignee and the words “test samples” or “ échantillons d’épreuve ”; (g) that satisfies the following conditions: (i) it is set out in Schedule 9, and (ii) it is to be recycled by means of a recycling operation set out in column 2 of Part 2 of Schedule 1; (h) that satisfies the following conditions: (i) mercury is a component of it, (ii) the mercury it contains is to be transported in a quantity of 50 mL or less per shipment, (iii) it has reached the end of its useful life, and (iv) it is to be recycled by means of a recycling operation set out in column 2 of Part 2 of Schedule 1; or (i) that satisfies the following conditions: (i) it is a non-rechargeable or rechargeable cell or battery that does not meet the criteria in paragraph (1)(b), and (ii) it is to be recycled by means of a recycling operation set out in Column 2 of Part 2 of Schedule 1.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 5
Recyclable material considered hazardous for export 5 (1) Anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1, even if it is not hazardous recyclable material within the meaning of subsection 4 (1), is considered to be hazardous recyclable material for the purposes of Division 8 of Part 7 and Part 10 of the Act and Divisions 1 to 5, 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 (a) it is defined as, or considered to be, hazardous under the legislation of the country of destination or country of transit; (b) its import is prohibited under the legislation of the country of destination; or (c) it is one of the hazardous wastes referred to in Article 1, subparagraph 1(a) of the Convention or of the other wastes referred to in Article 1, paragraph 2 of the Convention, with the exception of wastes referred to in Article 1, paragraphs 3 and 4 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 — and the country of destination is a party to the Convention. Recyclable material considered hazardous for return to foreign country of origin (2) Anything that is to be recycled using one of the operations set out in column 2 of Part 2 of Schedule 1, even if it is not hazardous recyclable material within the meaning of subsection 4 (1), is considered to be hazardous recyclable material for the purposes of Division 8 of Part 7 and Part 10 of the Act and Division 6 of Part 1 of these Regulations if it is to be conveyed in transit through a foreign country and it is defined as, or considered to be, hazardous under the legislation of that country.
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Non-application — Department of National Defence 6 Paragraphs 8 (4)(b) to (e) and sections 14 to 18 do not apply to the import of hazardous waste or hazardous recyclable material by the Department of National Defence if that hazardous waste or hazardous recyclable material is generated by the Department in the course of an operation conducted by it outside Canada and is transported from the site of the operation to a defence establishment , as defined in subsection 2(1) of the National Defence Act , in or on a means of transport (a) that is owned and operated by the Department or that is operated on behalf of the Department by (i) an employee of the Department, (ii) a member of the Canadian Forces, or (iii) any other person, if the means of transport is accompanied at all times by, and is under the direct responsibility of, an employee of the Department or a member of the Canadian Forces; or (b) that is owned and operated by the military establishment of a member country of the North Atlantic Treaty Organization, or by the military establishment of another country under an agreement with the Department, or that is operated on behalf of such an establishment by (i) military or civilian personnel of that establishment, or (ii) any other person, if the means of transport is accompanied at all times by, and is under the direct responsibility of, military or civilian personnel of that establishment.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 7
Applicant 7 A person may apply for a permit to import hazardous waste or hazardous recyclable material if (a) they are an individual who is a resident of Canada or a corporation that has its head office, or operates a branch office, in Canada, and they (i) are the owner or operator of the receiving facility, or (ii) buy and sell — or are to buy and sell — hazardous recyclable material for recycling and are to import such recyclable material for recycling in Canada; or (b) they are a municipality or Her Majesty in right of Canada or a province.
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 9
Refusal to issue permit 9 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, 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, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit would not comply with the Act, these Regulations or conditions to an authorization imposed by the jurisdiction of destination or 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 8 .
Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations — 10
Period of validity of permit 10 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 (i) that is to be imported from a country of origin that is subject to OECD Decision C(2001)107/FINAL and, if applicable, conveyed in transit only through a country that is subject to that Decision, and (ii) that 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 — 11
New application 11 If a permit needs to be amended the permit holder must apply for a new permit.
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Suspension of permit required 12 (1) The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph. Optional suspension of permit (2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that (a) the permit holder no longer satisfies the conditions in section 7 ; (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 does not comply — or 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) false or misleading information was provided in the notification under section 8 ; (d) as a result of a natural or artificial disaster or another emergency, the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of 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.
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Revocation of permit 13 (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.
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Unit of measure 15 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.
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Confirmation 17 (1) Within 30 days after the day on which the disposal by means of an operation set out in column 2 of Part 1 of Schedule 1 of a type of hazardous waste, or the recycling by means of an operation set out in column 2 of Part 2 of Schedule 1 of a type of hazardous recyclable material, that is recorded as a line entry in a movement document is completed, the Minister must be provided with a confirmation, based on the written notice received by the permit holder from the authorized facility that performed the operation, that the operation was completed (a) in accordance with the permit or, if applicable, with the arrangements referred to in clause 14 (1)(u)(iii)(A) or (v)(iii)(A); (b) within the period set out in one of paragraphs 14 (1)(p) to (r) or subparagraph 14 (1)(u)(v) or (v)(v), as the case may be; and (c) 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. Form and manner of confirmation (2) The confirmation must be provided in the form and manner specified by the Minister. Additional information in confirmation (3) The confirmation (a) must identify the reference number of the movement document, the line number of the line entry in the movement document and the disposal or recycling code set out in column 1 of either Part 1 or 2 of Schedule 1 that applies to the type of hazardous waste or hazardous recyclable material and the date on which the operation was completed; and (b) must be dated and signed by the individual who provides it and must include that individual’s name and telephone number.
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Permit holder 18 (1) The permit holder must keep the following documents that relate to hazardous waste or hazardous recyclable material that is 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 their compliance with this Division; (b) every notice that is referred to in subparagraph 14 (1)(j)(v) or subsection 14 (3); (c) all contracts that relate to the movement, and the disposal or recycling, of the hazardous waste or hazardous recyclable material; and (d) all documents that are necessary to demonstrate that they hold the liability insurance referred to in Division 7 of this Part. 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.
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Applicant 19 A person may apply for a permit to export hazardous waste or hazardous recyclable material if (a) they are an individual who is a resident of Canada or a corporation that has its head office, or operates a branch office, in Canada, and they (i) are the owner or operator of the facility from which the hazardous waste or hazardous recyclable material is to be shipped, or (ii) buy and sell — or are to buy and sell — hazardous recyclable material for recycling and are to export such recyclable material for recycling in a country of destination that is subject to OECD Decision C(2001)107/FINAL; or (b) they are a municipality or Her Majesty in right of Canada or a province.
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Refusal to issue permit 21 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, 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, or the disposal of hazardous waste or recycling of hazardous recyclable material, under the permit would not comply with the Act, these Regulations or conditions to an authorization imposed by the country of destination or 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 20 .
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Period of validity of permit 22 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 (i) that is to be exported to a country of destination that is subject to OECD Decision C(2001)107/FINAL and, if applicable, conveyed in transit only through a country that is subject to that Decision, and (ii) that 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 — 23
New application 23 If a permit needs to be amended the permit holder must apply for a new permit.
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Suspension of permit required 24 (1) The Minister must suspend a permit if an authority referred to in subparagraph 185(1)(b)(i) of the Act withdraws an authorization referred to in that subparagraph. Optional suspension of permit (2) The Minister may suspend a permit if the Minister has reasonable grounds to believe that (a) the permit holder no longer satisfies the conditions set out in section 19 ; (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 does not comply — or 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) false or misleading information was provided in the notification under section 20 ; (d) as a result of a natural or artificial disaster or another emergency, the movement of hazardous waste or hazardous recyclable material, or the disposal of hazardous waste or recycling of 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.
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Revocation of permit 25 (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.