E-waste and Hazardous Waste Export Controls

Summary#

This is a proposed set of changes to the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, published in the Canada Gazette, Part I on September 30, 2023. If finalized, the amendments would tighten controls on the international movement of electrical and electronic waste (e-waste) and ban most exports of hazardous waste to many developing countries, with the proposed coming-into-force date of January 1, 2025.

What it does#

• Brings Canada's rules into line with recent changes to the Basel Convention (including the e-waste annexes) so that almost all e-waste becomes subject to the prior informed consent process before it can be exported, imported, or transited.
• Adds a domestic prohibition on exporting most hazardous waste and hazardous recyclable materials to countries not listed in Annex VII of the Convention (this implements the international "Ban Amendment").
• Clarifies that a permit must be held before any movement of a shipment that contains hazardous waste or hazardous recyclable material.
• Allows a shipment to be rerouted so that an authorized facility can carry out an interim operation (for example, a temporary treatment) before final disposal or recycling — subject to providing information to the Minister.
• Changes the definition of "waste" so regulators can decide waste status in part by characteristics rather than only by listed disposal operations.
• Makes related edits to enforcement and administrative-penalty rules.
  Note: these are proposed amendments (consultation stage), not final law.

Who's affected#

• Exporters, importers and carriers of e-waste and other hazardous wastes. The analysis assumes up to 14 importers/exporters and 14 carriers would face the largest new administrative burden.
• Recycling and recovery companies that handle e-waste, including some small recycling businesses. About 28 companies are estimated to be directly impacted; roughly 300 companies are currently regulated under the rules (about 95% are small businesses).
• Environment and Climate Change Canada, which would process more permit applications and carry out additional enforcement.
• Governments and regulators in countries that import, export or transit e-waste with Canada.
  Numbers the department used in its analysis include estimates of 100,000 tonnes of e-waste moving internationally each year (with a lower-case scenario of 30,000 tonnes).

Why it matters#

• Better control of e-waste aims to reduce the chance that toxic materials are exported to places that cannot manage them safely. That lowers risks to human health and the environment both abroad and at home.
• Businesses that ship or handle e-waste internationally will face more paperwork, permit requirements, record-keeping and some costs. The department estimates total costs over a 10-year period (2024–2033) at $1,433,200 (industry $707,050, government $726,150). A lower-export scenario reduces total estimated costs to about $811,600.
• The changes would allow Canada to accept and ratify the Convention's e-waste and Ban Amendment changes, aligning with many other countries and tightening international trade rules for hazardous waste.
• There is some industry concern that extra controls could complicate cross-border recycling (including trade with the United States). The department says existing exclusions for certain movements within Canada and some recycling flows would be kept to limit disruption.