The Canada Border Services Agency (CBSA) assists Environment and Climate Change Canada (ECCC) with the administration of the Canadian Environmental Protection Act, 1999 and the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations. This memorandum outlines the requirements for the importation, exportation and transits of hazardous waste and hazardous recyclable material.

In brief

1. Memorandum D19-7-3 has been updated to reflect recent amendments to the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) that came into force on October 21, 2016, according to which waste and recyclable material being exported for disposal or recycling are considered hazardous waste or hazardous recyclable material if:

(a) they are defined as, or considered to be, “hazardous” under the legislation of the importing country or a country of transit
(b) their importation is prohibited under the legislation of the country of import or
(c) they are one of the “hazardous wastes” or “other wastes” referred to in Article 1, subparagraph 1(a) of the Basel Convention or one of the other wastes referred to in Article 1, paragraph 2 of the Basel Convention and, the country of import is a party to the Basel Convention

2. This memorandum outlines requirements for the importation, exportation and transits of hazardous waste and hazardous recyclable material. Importers, exporters, customs brokers, or authorized carriers, of hazardous waste and hazardous recyclable material are responsible for providing the CBSA with copies of the movement documents and permits. These documents are to be provided to the CBSA when the export, import or transit of the hazardous waste or hazardous recyclable material shipments are required to be reported under the Customs Act

3. The EIHWHRMR reflect Canada’s commitments under the three following international agreements:

(a) Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
(b) Agreement between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste and
(c) Organization for Economic Co-operation and Development - Decision of the Council Concerning the Transboundary Movements of Wastes Destined for Recovery Operations

This updated Memorandum is available in its entirety on the CBSA website.