Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

The Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (XBR) in Canada govern the international and interprovincial movement of hazardous waste and recyclable materials, which includes metal scrap. These regulations, which came into force on October 31, 2021, consolidate and replace three previous regulations under the Canadian Environmental Protection Act, 1999. 

Many scrap or waste commodities, such as plastic, paper, or metal scrap, which are not typically considered hazardous in Canada, may still be regulated as hazardous under the XBR. These materials require a permit from Environment and Climate Change Canada (ECCC) for export if:

• The destination country prohibits their import.
• They are classified as hazardous by the importing or transit country.
• Their import is prohibited unless specific requirements are met.
• They are controlled under the Basel Convention.

Key Provisions under the XBR are as follows:

1. Permit Requirements: Exporters and importers must obtain permits from Environment and Climate Change Canada (ECCC) before moving hazardous materials across borders.
2. Documentation: Detailed documentation about the type, quantity, and destination of the materials is required.
3. Prior Notification and Consent: Both the exporting and importing countries must provide prior informed consent for the shipment.
4. Compliance: Adherence to all conditions specified in the permit is mandatory to ensure safe handling and disposal.

The XBR helps Canada meet its obligations under three international agreements. First, the Basel Convention, which aims to control and reduce the movement of hazardous waste between countries, especially from developed to less developed countries. The regulations ensure that hazardous waste and recyclable materials are managed in an environmentally sound manner. Second, the OECD Decision on the Control of Transboundary Movements of Wastes Destined for Recovery Operations (OECD Decision 0266), which facilitates the movement of recyclable materials between OECD member countries while ensuring environmental protection. Third, the regulations support the Canada-USA Agreement on the Transboundary Movement of Hazardous Wastes, ensuring that hazardous materials moving between these two countries are managed safely and in compliance with both countries’ regulations.

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