Cross-Border Hazardous Waste and Recycling Rules

Summary#

The final rule called the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations replaces three older federal rules and sets new, consolidated controls on moving hazardous waste and hazardous recyclable material across borders and between provinces. It took effect on October 31, 2021 and aims to make permitting and movement tracking clearer and more electronic.

What it does#

• Replaces these three rules with one:
  • Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations
  • Interprovincial Movement of Hazardous Waste Regulations
  • PCB Waste Export Regulations, 1996
• Lets the federal system move from paper forms to an electronic tracking system (the Canadian Notice and Movement Tracking System (CNMTS)). The rules stop prescribing a single paper form and instead list the information that must be recorded and shared.
• Changes what counts as hazardous or recyclable for these rules. Notable points:
  • All batteries (rechargeable and non‑rechargeable) are explicitly listed as captured for international moves and for interprovincial disposal. There is an exception for interprovincial recycling: batteries that do not meet dangerous‑goods criteria are excluded if moved for recycling inside Canada.
  • Circuit boards, displays and equipment that contain them are now clearly treated as hazardous when destined for specific disposal or recycling operations.
  • The small‑quantity exclusion for mercury was removed for most regulated movements, but an exclusion remains for end‑of‑life mercury products moved for recycling within Canada where mercury per shipment is 50 mL or less.
  • Testing rules require use of the full toxicity characteristic leaching procedure (TCLP) when that test is relevant.
• Clarifies movement and permit rules:
  • Permits generally last up to 12 months, but for some recyclable materials sent to pre‑consented OECD facilities they can last up to 36 months.
  • Permit holders must carry liability insurance of at least $5,000,000 for shipments of hazardous waste and $1,000,000 for hazardous recyclable material.
  • Movement records and related documents must be kept for 5 years.
  • The rules set out how to handle shipments that are refused by a receiving facility, including storage, re‑routing, or returning the shipment.
• Reframes some recycling categories so that materials intended for straightforward reuse (not one of the listed recycling operations) may no longer be captured as hazardous recyclable material.
• Updates related federal rules (for customs, enforcement penalties, etc.) so they reference this new consolidated regulation.

Who's affected#

• Exporters, importers and permit holders who ship hazardous waste or hazardous recyclable material across international borders or between provinces.
• Carriers and transport companies that move these shipments inside Canada.
• Receiving and authorized disposal or recycling facilities (including battery and electronics recyclers).
• Businesses that generate or buy and sell hazardous recyclable material (manufacturers, scrap processors, large waste generators).
• Provinces, territories and municipalities that regulate or receive movement documents and oversee facilities.
• Insurers who provide the required liability coverage.
• The federal department that runs permits and tracking: Environment and Climate Change Canada.
• The regulatory impact analysis estimates about 278 companies will be affected, of which 264 (94%) are small businesses.

If it is unclear whether a particular item or waste stream is covered, the rules require specific tests or codes to decide — and guidance from the regulator may still be needed.

Why it matters#

• Easier electronic permits and tracking: the move toward an electronic tracking system (CNMTS) should speed up applications and make it simpler to follow a shipment’s status without constant paper handling.
• Clearer rules on what’s regulated: the new lists and definitions reduce ambiguity about items such as batteries, circuit boards and mercury‑containing products. That can help recyclers and waste managers decide if they need a permit.
• Some practical effects for businesses:
  • New or clarified insurance and record‑keeping requirements and new document fields mean businesses and carriers may face more paperwork and costs.
  • The regulator estimates the present value of net compliance and administrative costs at about $1.44 million (2019 CAD) over 10 years, and total administrative costs at about $1.57 million (same basis). The department also estimates some cost savings from narrowing one recycling category (present value savings about $57,000) and other small government savings.
  • For small businesses, the rules estimate average annualized costs of about $683 per small firm affected.
• Recycling and waste programs: the rule keeps an exclusion to help domestic battery recycling, which supports diversion from landfill. At the same time, clearer definitions could mean more interprovincial movements become regulated (more movement documents).
• International trade and environmental protection: the regulation keeps Canada aligned with international agreements (like the Basel Convention) and clarifies how exports of PCB‑containing waste are handled (exports beyond the U.S. are possible if a permit and conditions are met). This aims to reduce the chance that hazardous shipments end up mismanaged abroad.

If you handle or receive hazardous waste or recyclable material, you should check whether you need to register, change insurance, keep extra records for 5 years, or start using the CNMTS for movement documents. If you are unsure how the new definitions apply to a specific waste stream, the regulator’s guidance or a permit application will clarify.