. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/CAN/88 
17 March 2004 
 (04-1185) 
Committee on Technical Barriers to Trade Original: English/ 
 French 
  
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   CANADA
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   Department of the Environment 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   Canadian Enquiry 
Point, 200-270 Albert Street, Ottawa, Onta rio, Canada, K1P 6N7 Tel.:  +1 613 238 3222, 
Fax.: +1 613 569 7808, E-mail: info@scc.ca 
3. Notified under Article 2.9.2 [ X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Hazardous Waste and 
Hazardous Recyclable Material (ICS: 13.030) 
5. Title, number of pages and language(s) of the notified document:   Proposed Export and 
Import of Hazardous Waste and Hazardous Recy clable Material Regulations (English and 
French) 
6. Description of content:   The purpose of the proposed Export and Import of Hazardous 
Waste and Hazardous Recyclable Material Regulations  (hereafter referred to as the 
proposed Regulations) to be adopted under section 191 of the Canadian Environmental 
Protection Act, 1999  (CEPA 1999) is to protect Canada’s  environment and the health of 
Canadians from the risks posed by the transboundary movement  of hazardous wastes and 
hazardous recyclable materials through exports  from and imports into Canada and to 
implement Canada’s internati onal obligations.  The proposed  Regulations will revoke and 
replace the Export and Import of Hazardous Wastes Regulations (EIHWR) adopted in 1992 
under the authority of the former Canadian Environmental Protection Act .   
 
The proposed Regulations revise existing EIHW R obligations and introduce new elements.  
These revisions and new elements are necessary to further contribute to the protection of the environment and human health, to adapt to evol ving international obligations, to incorporate 
new authorities under CEPA 1999, and to modernize the EIHWR control regime established over a decade ago.  The most significant revisions and new elements include: 
 
• separate definitions for “hazardous waste” and “hazardous recyclable material”; 
• the definitions of hazardous waste and hazar dous recyclable material that will enable 
Canada to prohibit the export of wastes or recyclable materials when informed by a 
Basel Party in accordance with  the Basel Convention, or by the United States, that 
although the waste is not included on the Basel lists, it is considered hazardous under G/TBT/N/CAN/88 
Page 2  
 
the legislation of that country and the country has prohibited its import or transit; 
• specific time periods for completing the di sposal or recycling operations once the 
hazardous wastes or hazardous recyclable materials are accepted at the authorized facilities; 
• criteria that the Minister will take into account, prior to refusing to issue an export, 
import and transit permit, to form an opinion as to whether the hazardous waste or 
hazardous recyclable material will be managed in a manner that will protect the environment and human health; 
• elements to be contained in the plans for reduction or phase out of exports of hazardous 
wastes destined for disposal;  
• facilitation of recycling, by excluding from the definition of hazardous recyclable 
material certain low-risk recyclable materi als, and by extending the $1 million liability 
insurance requirement for Canadian importers  and Canadian exporters to movements of 
hazardous recyclable materials (the current  requirements are $1 million for movement 
of hazardous recyclables within the Organisation for Economic Co-operation and 
Development [OECD], and $5 million for movements of hazardous recyclables to non-
OECD countries, in contrast with the $5 million required for movements of hazardous wastes);  and  
• a new manifest form that is based on the information elements of the OECD movement 
document.  This form will replace the existing manifest to distinguish international movements from domestic movements, a nd will contain additional information 
necessary for these movements.  
 Although the proposed Regulations maintain th e core framework of the existing EIHWR, 
the structure and the language of the proposed Regulations is substantially changed from the 
existing EIHWR, which provides for a greater clarity of the legal requirements. 
Environment Canada still intends to issue a 30-day tacit consent for hazardous recyclable 
materials, and allow for the application for pre-approved recycling facilities for hazardous recyclable materials that are exported to, or imported from, a country that is party to the OECD Decision C(2001)107/Final, in additi on to the 30-day tacit consent for hazardous 
wastes and hazardous recyclable materials under the Canada U.S.A. Agreement.  Provisions 
have not been included in the proposed Regulation, as it has been determined that they can 
be best addressed administratively. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of human health and the environment 
8. Relevant documents:   Canada Gazette, Part I, 20 March 2004 
9. Proposed date of adoption:   
Proposed date of entry into force:   }Not stated 
10. Final date for comments:   19 May 2004 
11. Texts available from:  National enquiry point [ X] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:        
Canadian Enquiry Point 
200-270 Albert Street Ottawa, Ontario, Canada K1P 6N7  
Tel.: +1 613 238 3222 
Fax.: +1 613 569 7808 E-mail: info@scc.ca