Export of Substances on the Export Control List Regulations (SOR/2013-88)

Conditions Relative to the Stockholm Convention

Marginal note:Persistent organic pollutant

• 6 (1) In this section, persistent organic pollutant means a substance listed in Annex A or B of the Stockholm Convention, other than one added to that Convention by an amendment that is not in force for Canada.

• Marginal note:POP specified in Part 2 or 3 of Schedule 3 to Act

  (2) A person that has provided a notice of proposed export under subsection 101(1) of the Act may export a persistent organic pollutant that is specified in Part 2 or 3 of the Export Control List under the following conditions, unless the export of that persistent organic pollutant is prohibited by any other regulation made under the Act:

  • (a) if a specific exemption or acceptable purpose is listed in Annex A or B of the Stockholm Convention for that persistent organic pollutant and the export is to a Stockholm Party,

    • (i) that Party has registered a specific exemption or acceptable purpose in the relevant Register established under the Stockholm Convention and the export complies with the terms of that specific exemption or acceptable purpose,

    • (ii) in the case of a persistent organic pollutant added to the Stockholm Convention by an amendment that is not in force for that Party, an annual certification for the year in question regarding that Party that is in accordance with paragraph 2 (b) (iii) of Article 3 of the Stockholm Convention has been transmitted by Canada to the Secretariat established under that Convention, and the export complies with the terms of the specific exemption or acceptable purpose listed in those Annexes;

  • (b) if a specific exemption or acceptable purpose is listed in Annex A or B of the Stockholm Convention for that persistent organic pollutant and the export is to a State or regional economic integration organization that is not a party to the Stockholm Convention, an annual certification for the year in question regarding that State or organization that is in accordance with paragraph 2 (b) (iii) of Article 3 of the Stockholm Convention has been transmitted by Canada to the Secretariat established under that Convention, and the export complies with the terms of the specific exemption or acceptable purpose listed in those Annexes;

  • (c) the persistent organic pollutant is exported in accordance with paragraph 1 (d) of Article 6 of the Stockholm Convention;

  • (d) the persistent organic pollutant is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard and the total quantity exported for those purposes by the person during the calendar year in question does not exceed 10 kg;

  • (e) the persistent organic pollutant is incidentally present in trace amounts in the product that is being exported; or

  • (f) the persistent organic pollutant is contained in a product

    • (i) that was manufactured on or before the entry into force for Canada of a provision of the Stockholm Convention prohibiting, under Annex A, or restricting, under Annex B, the production or use of that persistent organic pollutant, and

    • (ii) in respect of which a notification has been provided by Canada in accordance with note (ii) to Annex A or B of the Stockholm Convention and the notification has been made publicly available in accordance with that note by the Secretariat established under the terms of that Convention.

• Marginal note:Non-application

  (3) Subsection (2) does not apply to a persistent organic pollutant that is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations.

Conditions Relative to the Rotterdam Convention

General Provisions

Marginal note:Application

• 7 (1) Subject to section 23, sections 8 to 22 set out the additional conditions applicable to the export of a substance specified in the Export Control List if that export is to a Rotterdam Party.

• Marginal note:Non-application

  (2) Sections 8 to 22 do not apply to a substance that

  • (a) is contained in a manufactured item that during manufacture is formed into a specific physical shape or design and has for its final use a function or functions wholly or partly dependent on its shape or design;

  • (b) is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations;

  • (c) is, or is contained in, a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act;

  • (d) is, or is contained in, a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act;

  • (e) is, or is contained in, a chemical weapon as defined by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed at Paris, France, on January 13, 1993, as amended from time to time;

  • (f) is, or is contained in, a food or drug as defined in section 2 of the Food and Drugs Act or a food additive as defined in Part B of the Food and Drug Regulations;

  • (g) is contained in a product at a concentration of less than 0.1% by weight;

  • (h) is exported for the personal use of the individual who imports it, if the total quantity exported for that purpose by the exporter during the calendar year in question does not exceed 10 kg; or

  • (i) is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard, if the total quantity exported for those purposes by the exporter during the calendar year in question does not exceed 10 kg.

• Marginal note:Export of asbestos

  (3) Despite subsections (1) and (2), in the case of asbestos exported to a Rotterdam Party, other than asbestos referred to in section 5.2 or in paragraph 5.3(3)(a) or (b), sections 11, 12 and 14 to 22 set out additional conditions applicable to the export of the asbestos.

Exports Not Requiring a Permit

Marginal note:Substances not subject to prior informed consent procedure

8 A person that has provided a notice of proposed export under subsection 101(1) of the Act may export a substance — other than a substance specified in Part 1 of the Export Control List — that is specified in Annex III of the Rotterdam Convention, but that is destined for use in a category other than the category specified for that substance in that Annex, if

• (a) that person is a resident of Canada or, in the case of a corporation, has a place of business in Canada; and

• (b) that person meets the requirements of sections 20 to 22.

Marginal note:Direction issued by Minister

9 If a person is required to export a substance specified in Part 1 of the Export Control List in compliance with a direction issued by the Minister under subparagraph 99(b)(iii) of the Act, that person must meet the requirements of sections 20 to 22 in addition to providing the notice of proposed export required under subsection 101(1) of the Act.

Exports Requiring a Permit

Conditions of Export

Marginal note:Substances in question

• 10 (1) Subject to section 9, any person proposing to export any of the following substances must hold an export permit:

  • (a) a substance that is specified in Part 2 or 3 of the Export Control List and Annex III of the Rotterdam Convention and that is destined for use in the category specified for that substance in that Annex;

  • (b) a substance that is specified in Part 1 of the Export Control List whether or not it is specified in Annex III of the Rotterdam Convention; or

  • (c) a substance that is specified in Part 3 of the Export Control List and that is not specified in Annex III of the Rotterdam Convention.

• Marginal note:Additional conditions

  (2) Any person referred to in subsection (1) that has provided the Minister with a notice of proposed export under subsection 101(1) of the Act must

  • (a) be a resident of Canada or, in the case of a corporation, have a place of business in Canada;

  • (b) meet the requirements of sections 20 to 22; and

  • (c) include a copy of the export permit with each shipment of the substance.

Permit Application

Marginal note:Content of application

• 11 (1) The application for an export permit must include the information listed in Schedule 2 and be accompanied by

  • (a) a written undertaking dated and signed by the exporter, or by their duly authorized representative, stating that the exporter assumes full responsibility for the removal of the substance from the country of destination and any related costs, including the transportation, care, control and storage of the substance, in the event that the exporter exports the substance in contravention of any conditions set out in the export permit or if the export takes place after the export permit has expired or been cancelled;

  • (b) in the case referred to in subparagraph 12(1)(c)(iii), documentation confirming that the substance has been used in or imported into the country of destination in the last 10 years;

  • (c) in the case referred to in subparagraph 12(1)(c)(iv), the written consent of the designated national authority of the country of destination to the import of the substance; and

  • (d) a certification dated and signed by the exporter, or by their duly authorized representative, stating that the information provided in the application is accurate and complete.

• Marginal note:Electronic or paper submission

  (2) The application and the documents referred to in subsection (1) may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister.

• Marginal note:Combined notice and permit application

  (3) If the notice of proposed export and the application for an export permit in relation to a particular substance are provided to the Minister at the same time, the exporter does not need to provide the information referred to in items 1, 2 and 4 to 8 of Schedule 2 if that information is provided in the notice.

Issuance of Export Permits

Marginal note:Substances subject to prior informed consent procedure

• 12 (1) Subject to section 16, in the case of the export of a substance subject to the prior informed consent procedure that is specified in Part 1 of the Export Control List and destined for destruction or a substance subject to the prior informed consent procedure that is specified in Part 2 or 3 of the Export Control List, the Minister must issue an export permit if

  • (a) the permit application is received before the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular of the country of destination’s response with respect to the import of the substance or of its failure to transmit that response;

  • (b) the permit application is received after the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular that the country of destination has given consent to the import of the substance; or

  • (c) the permit application is received after the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular that the country of destination has failed to transmit a response with respect to the import of the substance and

    • (i) the permit application is received before the end of the six-month period that begins on the date of publication of that PIC Circular,

    • (ii) the permit application is received after the end of the 18-month period that begins on the date of publication of that PIC Circular,

    • (iii) no regulatory action has been taken by the country of destination to prohibit the use of the substance and the substance has been used in or imported into the country of destination in the last 10 years, or

    • (iv) the designated national authority of the country of destination has given written consent to the import of the substance.

• Marginal note:Conditions of import

  (2) An export permit issued under subsection (1) must specify the conditions of import imposed by the country of destination as set out in the PIC Circular or as may be specified in the designated national authority’s written consent, if applicable.

Marginal note:Other substances — Part 1 of Export Control List

13 Subject to section 16, in the case of an export for destruction of a substance — other than a substance subject to the prior informed consent procedure — specified in Part 1 of the Export Control List, the Minister must issue an export permit on receipt of the permit application.

Marginal note:Other substances — Part 3 of Export Control List

14 Subject to section 16, the Minister must, on receipt of a permit application, issue an export permit for the export of a substance specified in Part 3 of the Export Control List that is not specified in Annex III of the Rotterdam Convention.