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

Marginal note:Waste considered hazardous for export

• 3 (1) Anything — even if it is not hazardous waste within the meaning of subsection 2(1) — that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1, or that can no longer be used for its original purpose, cannot be used for another purpose and cannot be altered to be used for its original purpose or another purpose, is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and Divisions 1 to 4, 7 and 8 of Part 1 of these Regulations if it is to be exported to a country of destination or conveyed in transit through Canada or a foreign country and

  • (a) it is defined as, or considered to be, hazardous under the legislation of the country of destination or country of transit;

  • (b) its import is prohibited under the legislation of the country of destination; or

  • (c) if the country of destination is a party to the Convention, it is one of

    • (i) the hazardous wastes referred to in subparagraph 1(a) of Article 1 of the Convention, with the exception of wastes referred to in paragraphs 3 and 4 of Article 1 of the Convention, as amended from time to time, to the extent that the amendments are binding on Canada, or

    • (ii) the other wastes referred to in paragraph 2 of Article 1 of the Convention, with the exception of wastes referred to in paragraphs 3 and 4 of Article 1 of the Convention, as amended from time to time, to the extent that the amendments are binding on Canada.

• Marginal note:Waste considered hazardous for return to foreign country of origin

  (2) Anything that is to be disposed of using one of the operations set out in column 2 of Part 1 of Schedule 1, even if it is not hazardous waste within the meaning of subsection 2(1), is considered to be hazardous waste for the purposes of Division 8 of Part 7 and Part 10 of the Act and Division 6 of Part 1 of these Regulations if it is to be conveyed in transit through a foreign country and it is defined as, or considered to be, hazardous under the legislation of that country.