Canada tightens cross-border hazardous waste rules: broader definitions, new export permit timing requirement, and updated OECD reference

Plain-language summary · AI-assisted · not legal advice

These amendments make several practical changes to how hazardous waste and hazardous recyclable material moving across Canada's borders must be managed. The definition of hazardous waste is broadened to include materials that can no longer be used for their original or any other purpose, not just things already headed for a disposal operation. Anyone proposing to export a shipment must now hold an export permit before the shipment is moved—not just before it crosses the border. When a shipment cannot be accepted at the intended facility, permit holders now have the option to route waste or recyclable material through an interim disposal or recycling step before the final operation, and may use more than one alternate facility. References throughout the regulations to the former OECD Decision C(2001)107/FINAL have been replaced with a reference to the current OECD Decision (OECD/LEGAL/0266), which may affect which countries qualify for 36-month permit periods and other OECD-track provisions. A not-yet-in-force provision would prohibit exports of hazardous waste and hazardous recyclable material to countries not listed in Annex VII of the Basel Convention. Businesses that import, export, or transit hazardous waste or recyclable material should review permit applications and operational contingency plans in light of these changes.

Who this affects: hazardous waste exporters · hazardous waste importers · carriers of hazardous waste and recyclable material · permit holders under cross-border movement regulations · waste management and recycling facility operators