DIVISION 8

CONTROL OF MOVEMENT OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL AND OF PRESCRIBED NON-HAZARDOUS WASTE FOR FINAL DISPOSAL

Import, export and transit

185. (1) No person shall import, export or convey in transit a hazardous waste or hazardous recyclable material, or prescribed non-hazardous waste for final disposal, except

    (a) after notifying the Minister and paying the prescribed fee;

    (b) after receiving from the Minister whichever one of the following permits is applicable:

      (i) an import permit or export permit that, except in the case of a permit issued under subsection (4), states that the authorities of the country of destination and, if applicable, of the country of transit have authorized the movement, and that the authorities of the jurisdiction of destination have authorized the final disposal or recycling of the waste or material, or

      (ii) a transit permit that states that the Minister has authorized the movement; and

    (c) in accordance with the prescribed conditions.

Refusal to issue permit

(2) If the Minister is of the opinion that the waste or material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse, in accordance with the criteria set out in the regulations, to issue a permit even if the relevant authorities have given their authorization.

Consultation with governments

(3) Before refusing under subsection (2) to issue a permit to import, the Minister shall consult with the government of the jurisdiction of destination.

Special circumstances to issue permits

(4) Where the Minister is of the opinion that the waste or material will be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may issue a permit if the relevant authorities inform the Minister that they lack the legal authority to authorize the movement, final disposal or recycling but are not opposed to it.

Prohibi-
tions - import, export and transit

186. (1) For the purpose of implementing international agreements respecting the environment, the Minister may, with the approval of the Governor in Council and taking into account Canada's international obligations, prohibit, completely or partially and under any conditions that may be prescribed, the import, export or transit of waste or material referred to in subsection 185(1).

Prohibition of abandonment

(2) No person shall abandon any waste or material referred to in subsection 185(1) in the course of import, export or transit.

Publication

187. After the Minister receives a notification of the proposed import, export or transit of a waste or material referred to in subsection 185(1), the Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, the name or specifications of the waste or material and

    (a) in the case of a proposed import, the name of the jurisdiction of origin and the name of the importer;

    (b) in the case of a proposed export, the name of the jurisdiction of destination and the name of the exporter; and

    (c) in the case of a proposed transit, the names of the jurisdictions of origin and of destination and the name of the conveyor.

Reduction of export for final disposal

188. (1) For the purpose of reducing or phasing out the export of hazardous waste for final disposal, the Minister may require an exporter, or a class of exporters, of hazardous waste to

    (a) submit to the Minister, at the same time as the notification referred to in paragraph 185(1)(a) and at any other prescribed time, a plan in accordance with the regulations; and

    (b) implement that plan.

Declaration of implemen-
tation

(2) Every person who is required to implement a plan under paragraph (1)(b) shall file with the Minister, within 30 days after the completion of each stage of the plan, a written declaration that the implementation has been completed.

Sanction

(3) The Minister may refuse to issue a permit to an exporter who does not comply with subsection (1) or (2).

Movement within Canada

189. (1) No person shall undertake movement within Canada of hazardous waste or hazardous recyclable material otherwise than in accordance with this Division and the regulations and unless the person pays the prescribed fee.

Publication

(2) The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, information derived from documents received under regulations made for the purpose of this section.

Permits based on equivalent environmen-
tal safety level

190. (1) The Minister may issue a permit authorizing, subject to conditions fixed by the Minister, any activity to be conducted in a manner that does not comply with this Division if the Minister is satisfied that

    (a) the manner in which the activity will be conducted provides a level of environmental safety at least equivalent to that provided by compliance with this Division; and

    (b) in the case of the importation, exportation or transit of a waste or material referred to in subsection 185(1), the activity is consistent with international environmental agreements binding on Canada.

Scope of permit

(2) The permit may authorize the activity in terms of the persons who may conduct the activity and in terms of the waste and material that it may involve.

Revocation of permit

(3) The Minister may revoke the permit if

    (a) the Minister is of the opinion that paragraph (1)(a) or (b) no longer applies;

    (b) the regulations have been amended and address the activity authorized by the permit; or

    (c) the permit holder does not comply with the conditions of the permit.

Publication

(4) The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, a copy of each permit issued under this section.

Regulations

191. The Governor in Council may, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Division, including regulations

    (a) defining, for the purposes of this Division and Part 10, words and expressions used in this Division, and providing criteria, testing protocols and standards in relation to those definitions;

    (b) respecting the notification referred to in paragraph 185(1)(a) and the procedure for applying for a permit under this Division;

    (c) establishing criteria for the purpose of subsection 185(2) that take into account obligations arising from international agreements to which Canada is a party;

    (d) for establishing a classification system for waste and material;

    (e) respecting information and documents to be provided to the Minister;

    (f) respecting conditions governing the import, export, transit and movement within Canada of waste and material;

    (g) respecting plans referred to in subsection 188(1), taking into account

      (i) the benefit of using the nearest appropriate disposal facility, and

      (ii) changes in the quantity of goods the production of which generates hazardous waste to be disposed of by an exporter or class of exporters; and

    (h) prescribing anything that by this Division is to be prescribed.

Forms

192. The Minister may establish forms for the purposes of this Division.

PART 8

ENVIRONMENTAL MATTERS RELATED TO EMERGENCIES

Definitions

193. The definitions in this section apply in this Part.

``environ-
mental emergency''
« urgence environne-
mentale »

``environmental emergency'' means

      (a) an uncontrolled, unplanned or accidental release, or release in contravention of regulations made under this Part, of a substance into the environment; or

      (b) the reasonable likelihood of such a release into the environment.

``substance''
« substance »

``substance'' means, except in section 199, a substance on the list of substances established under regulations made under this Part.

Application

194. For the purposes of this Part, any power, duty or function conferred or imposed under this Part may only be exercised or performed in relation to those aspects of an environmental emergency that

    (a) have or may have an immediate or long-term harmful effect on the environment;

    (b) constitute or may constitute a danger to the environment on which human life depends; or

    (c) constitute or may constitute a danger in Canada to human life or health.

Research

195. Despite subsection 36(3) of the Fisheries Act, subsection 123(1) and regulations made under paragraphs 93(1)(a), (b), (c) and (d) and 209(2)(a), (b), (c) and (d), the Minister may

    (a) examine and conduct research, including tests, respecting the causes, circumstances and effects of and remedial measures for an environmental emergency; and

    (b) conduct and publicize demonstration projects.

Guidelines and codes of practice

196. The Minister may issue guidelines and codes of practice respecting the prevention of, preparedness for and response to an environmental emergency and for restoring any part of the environment damaged by or during an emergency.

Consultation

197. In carrying out the responsibilities conferred by section 196, the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment or environmental emergencies.

Publication of guidelines and codes of practice

198. The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, guidelines and codes of practice issued under section 196 or a notice stating where copies of those documents may be obtained.

Require-
ments for environ-
mental emergency plans

199. (1) The Minister may at any time publish in the Canada Gazette, and in any other manner that the Minister considers appropriate, a notice requiring any person or class of persons described in the notice to prepare or implement an environmental emergency plan respecting the prevention of, preparedness for, response to or recovery from an environmental emergency in respect of a substance or group of substances specified on the List of Toxic Substances in Schedule 1.

Contents of notice

(2) The notice may specify

    (a) the substance or group of substances in relation to which the plan is to be prepared;

    (b) the period within which the plan is to be prepared;

    (c) the period within which the plan is to be implemented; and

    (d) any other matter that the Minister considers necessary.

Extension of time

(3) Where the Minister is of the opinion that further time is necessary to prepare or implement the plan, the Minister may extend the period for a person who submits a written request before the expiry of the period referred to in the notice or of any extended period.

Plan prepared or implemented for another purpose

(4) Subject to subsection (5), where a person who is required to prepare or implement an environmental emergency plan under a notice published under this section has prepared or implemented a plan in respect of environmental emergencies on a voluntary basis or for another government or under another Act of Parliament that meets all or some of the requirements of the notice, the person may use that plan for the purposes of meeting the requirements of this Part and, in that case, the plan shall be considered to be an environmental emergency plan that has been prepared or implemented under this Part.

Where partial requirements met

(5) Where a person uses a plan under subsection (4) that does not meet all of the requirements of the notice, the person shall

    (a) amend the plan so that it meets all of those requirements; or

    (b) prepare an additional environmental emergency plan that meets the remainder of those requirements.

Application of provisions re declarations and keeping plans

(6) Sections 58 and 59 apply to environmental emergency plans, with any modifications that the circumstances require, as if any reference to a pollution prevention plan were read as a reference to an environmental emergency plan.

Submission of plans

(7) The Minister may publish in the Canada Gazette, and in any other manner that the Minister considers appropriate, a notice requiring any person or class of persons described in the notice who are required to prepare or implement an environmental emergency plan under subsection (1) or section 291 or under an agreement in respect of environmental protection alternative measures to submit, within the period specified by the Minister, the plan or any part of the plan.

Regulations

200. (1) The Governor in Council may, on the recommendation of the Minister and after the Committee is given an opportunity to provide its advice to the Minister under section 6, make regulations

    (a) establishing a list of substances that, if they enter the environment as a result of an environmental emergency,

      (i) have or may have an immediate or long-term harmful effect on the environment,

      (ii) constitute or may constitute a danger to the environment on which human life depends, or

      (iii) constitute or may constitute a danger in Canada to human life or health;

    (b) prescribing, in respect of a substance on the list established under paragraph (a), a minimum quantity;

    (c) respecting the identification of the places in Canada where a substance referred to in paragraph (a), in any quantity or in the quantity prescribed for that substance under paragraph (b), is located and requiring notification to the Minister of those places;

    (d) respecting the prevention of, preparedness for, response to and recovery from an environmental emergency in respect of a substance;

    (e) respecting the notification and reporting of an environmental emergency;

    (f) respecting the notification and reporting of the measures taken

      (i) to prevent the environmental emergency, or

      (ii) to repair, reduce or mitigate any negative effects on the environment or human life or health that result from the environmental emergency or that may reasonably be expected to result from it;

    (g) respecting the implementation of international agreements entered into by Canada in relation to environmental emergencies; and

    (h) respecting any other matter necessary for the purposes of this Part.

Environ-
mental emergencies regulated under other Acts of Parliament

(2) The Governor in Council shall not make a regulation under subsection (1) in respect of a matter if, in the opinion of the Governor in Council, the matter is regulated by or under any other Act of Parliament.