E-waste export and import controls

Summary#

This is a proposed change to the Cross‑border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations to bring Canada into line with recent changes to the Basel Convention on hazardous wastes. If adopted, the rules would make all electrical and electronic waste (e‑waste) subject to export/import controls and would ban most exports of hazardous waste to non‑Annex VII (generally non‑OECD) countries. The proposal was published on September 30, 2023 and the government planned a 60‑day comment period; the amendments are set to come into force on January 1, 2025 if finalized.

What it does#

• Adds many kinds of e‑waste to the wastes covered by the Cross‑border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (new code HAZ9 in Schedule 6). This means permits will generally be required for imports, exports and transit of e‑waste.
• Requires any exporter of a shipment that contains hazardous waste or hazardous recyclable material to hold a permit before any movement starts.
• Prohibits the export of most hazardous waste and hazardous recyclable materials to countries not listed in Annex VII of the Basel Convention (the change follows the Convention’s “Ban Amendment”).
• Keeps existing exclusions for some movements of e‑waste within Canada (for example certain recycling flows), but excludes batteries that are regulated as dangerous goods from those intra‑Canada exemptions.
• Allows a shipment to be rerouted for an interim operation (e.g., temporary processing) before final disposal or recycling, subject to information being provided to the Minister.
• Clarifies what counts as “waste” for the Regulations so that materials can be assessed by characteristics as well as by listed disposal/recycling operations.

Who's affected#

• Exporters, importers and carriers that move e‑waste and other hazardous wastes across international borders. The government estimated about 14 importers/exporters and 14 carriers would face new administrative steps in its cost modelling.
• The recycling and recovery sector. The Department estimated roughly 100,000 tonnes of e‑waste could be affected annually (the estimate could be as low as 30,000 tonnes).
• Small businesses: the government estimated 28 small businesses would be directly affected; over 300 companies are regulated under the existing rules (about 290 are currently considered small businesses).
• Environment and Climate Change Canada, which would process more permit applications and carry additional enforcement responsibilities.
• The general public and communities where e‑waste might otherwise be exported and mismanaged — though the proposal is mainly about how cross‑border movements are controlled.

If anything is unclear about who exactly will be affected in a specific case, the source says stakeholders were consulted and that further consultation would continue.

Why it matters#

• The main public benefit is environmental and health protection: bringing all e‑waste under the prior‑informed‑consent system makes it harder for harmful e‑waste to be sent to places without safe handling and disposal.
• The changes let Canada meet international obligations under the amended Basel Convention, including enabling Canada to adopt the Convention’s ban on most hazardous waste exports to non‑Annex VII countries.
• There are costs and practical effects: the government estimated industry compliance costs of $707,050 and additional government costs of $726,150, for a total present‑value cost of $1,433,200 over a 10‑year analysis period (2024–2033). For the impacted small businesses the estimated total cost per business was about $25,250 (present value) or roughly $3,600 annually.
• There is uncertainty about the scale of impact because estimates of how much e‑waste moves internationally vary. The government and stakeholders debated potential effects on cross‑border recycling trade (especially with the United States). The Department says the prior‑informed‑consent process should allow recycling companies to continue operating in North American markets, but some industry groups warned of extra paperwork and costs.
• This is a proposed regulation, not final law. The government sought feedback and may revise the text before any final decision.