CONSOLIDATION

Export of Substances on the Export Control List Regulations

SOR/2013-88

Current to June 20, 2022 Last amended on October 31, 2021



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on October 31, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on October 31, 2021

TABLE OF PROVISIONS Export of Substances on the Export Control List Regulations

Interpretation 1

Definitions

Purpose 2

Purpose

Background 3

Notice

Application 4

Application

Notice of Proposed Export 5

Deadline

Export of Asbestos 5.1

Prohibition

5.2

Exceptions

5.3

Regulated export

5.4

Application for permit — non-party country

Conditions Relative to the Stockholm Convention 6

Persistent organic pollutant

Conditions Relative to the Rotterdam Convention General Provisions 7

Application

Exports Not Requiring a Permit 8

Substances not subject to prior informed consent procedure

Direction issued by Minister

Current to June 20, 2022 Last amended on October 31, 2021

ii

Export of Substances on the Export Control List Regulations TABLE OF PROVISIONS

Exports Requiring a Permit Conditions of Export 10

Substances in question

Permit Application 11

Content of application

Issuance of Export Permits 12

Substances subject to prior informed consent procedure

Other substances — Part 1 of Export Control List

Other substances — Part 3 of Export Control List

Expiry of permit

Refusal to Issue Permit 16

Reasonable grounds

Cancellation, Amendment or Suspension of Permit 17

Consent for import not provided

Reasonable grounds

Retention of Records 19

Period of retention

Liability Insurance 20

Amount

Labelling 21

Information to appear on label

Safety Data Sheet 22

Information required

Conditions Relative to the Minamata Convention 23

Restrictions

SCHEDULE 1

Information To Be Provided in Notice of Proposed Export SCHEDULE 2

Information To Be Provided in Application for Export Permit

Current to June 20, 2022 Last amended on October 31, 2021

iv

Registration SOR/2013-88 May 2, 2013

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Export of Substances on the Export Control List Regulations P.C. 2013-523

May 2, 2013

Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on August 6, 2011, a copy of the proposed Export of Substances on the Export Control List Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 102(1) of the Canadian Environmental Protection Act, 1999b, makes the annexed Export of Substances on the Export Control List Regulations.

a

S.C. 2004, c. 15, s. 31

b

S.C. 1999, c. 33

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations

Interpretation Definitions 1 The following definitions apply in these Regulations.

Act means the Canadian Environmental Protection Act, 1999. (Loi) asbestos means the forms of asbestos specified in the Export Control List. (amiante) CAS registry number means the identification number assigned to a chemical substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS) designated national authority means an authority designated by a Rotterdam Party under Article 4 of the Rotterdam Convention to act on its behalf in the performance of the administrative functions required by the Rotterdam Convention. (autorité nationale désignée) Export Control List means the Export Control List in Schedule 3 to the Act. (Liste des substances d’exportation contrôlée) Minamata Convention means the Minamata Convention on Mercury, as amended from time to time. (Convention de Minamata) pesticide means a pest control product as defined in subsection 2(1) of the Pest Control Products Act. (produit antiparasitaire) PIC Circular means the circular that is published by the Rotterdam Secretariat and that contains a compilation of import responses from Rotterdam Parties, provided in accordance with Article 10 of the Rotterdam Convention, and a list of the substances subject to the prior informed consent procedure. (Circulaire PIC) Rotterdam Convention means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, as amended from time to time. (Convention de Rotterdam)

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Interpretation Sections 1-3

Rotterdam Party means a State or regional economic integration organization for which the Rotterdam Convention is in force. (Partie à la Convention de Rotterdam) Rotterdam Secretariat means the Secretariat for the Rotterdam Convention established under Article 19 of that Convention. (Secrétariat de Rotterdam) Stockholm Convention means the Stockholm Convention on Persistent Organic Pollutants, as amended from time to time. (Convention de Stockholm) Stockholm Party means a State or regional economic integration organization for which the Stockholm Convention is in force. (Partie à la Convention de Stockholm) substance subject to the prior informed consent procedure means a substance specified in Annex III of the Rotterdam Convention that is destined for use in the category specified in that Annex. (substance soumise à la procédure de consentement préalable) SOR/2017-11, s. 1; SOR/2018-196, s. 28.

Purpose Purpose 2 The purpose of these Regulations is to prohibit the export of substances specified in the Export Control List, or to establish regulatory conditions applicable to the export of those substances, and to implement the Stockholm Convention, Rotterdam Convention and Minamata Convention in relation to the export of those substances. SOR/2017-11, s. 2; SOR/2018-196, s. 29.

Background Notice 3 (1) These Regulations set out the content of the notice

of proposed export that is required under subsection 101(1) of the Act for substances specified in the Export Control List and the period within which and manner in which the notice must be provided.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Background Sections 3-5

Conditions of export (2) These Regulations also set out (a) for the purposes of subsections 101(2) and (3) of

the Act, the conditions applicable to the export of a substance that is specified in the Export Control List to a Rotterdam Party; (b) for the purposes of subsection 101(3) of the Act, the conditions applicable to the export of a substance that is specified in Part 2 or 3 of the Export Control List; and (c) for the purposes of subsection 101(4) of the Act,

the relevant prohibitions of the export of a substance that is specified in the Export Control List. SOR/2017-11, s. 3; SOR/2018-196, s. 30.

Application Application 4 These Regulations apply to the export of substances specified in the Export Control List.

Notice of Proposed Export Deadline 5 (1) The notice of proposed export that is required under subsection 101(1) of the Act must be provided to the Minister by the person proposing the export of a substance at least (a) if the person holds a permit to export the substance issued under paragraph 185(1)(b) of the Act, seven days before the export; or (b) in any other case, 15 days before the export.

Effective date (2) The notice is considered to be provided to the Minister (a) on the day on which it is delivered, if it is delivered personally; (b) on the day on which it is postmarked, if it is sent

by mail; or (c) on the date that is indicated by the sending apparatus, if it is sent by electronic mail or by facsimile.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Notice of Proposed Export Sections 5-5.2

Content of notice (3) The notice of proposed export must (a) provide the information set out in Schedule 1; and (b) be accompanied by a certification, dated and

signed by the person proposing the export, or by their duly authorized representative, stating that the information provided in the notice is accurate and complete. Electronic or paper submission (4) The notice of proposed export and the certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister and the documents must bear the signature of the person proposing the export or their duly authorized representative.

Notification of changes (5) The exporter must notify the Minister in writing of

any change to the information provided in a notice of proposed export within 30 days after learning of it. SOR/2017-11, s. 4; SOR/2018-196, s. 31.

Export of Asbestos Prohibition 5.1 Subject to sections 5.2 and 5.3, a person must not export asbestos, whether or not it is contained in a product. SOR/2018-196, s. 32.

Exceptions 5.2 A person that has provided a notice of proposed export under subsection 101(1) of the Act may export asbestos in the following circumstances: (a) the asbestos is, or is contained in, hazardous waste or hazardous recyclable material the export of which is regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations; (b) the asbestos is contained in a product that is a personal or household effect intended for the person’s personal use; and (c) the asbestos is contained in military equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations. SOR/2018-196, s. 32.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Export of Asbestos Section 5.3

Regulated export 5.3 (1) Subject to subsection (2), a person that has provided a notice of proposed export under subsection 101(1) of the Act may export asbestos in the following circumstances if the conditions set out in subsection (4) are met: (a) the asbestos is exported for disposal of the asbestos or of the product containing it; (b) the asbestos is contained in a product that was used before the day on which this paragraph comes into force; (c) the asbestos is contained in a product that is exported in order to service military equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations, while that equipment is outside Canada for the purposes of a military operation, as defined in subsection 9(3) of those Regulations, if there is no technically or economically feasible asbestos-free alternative available; (d) the asbestos is contained in a product in not

greater than trace amounts; (e) the asbestos is contained in raw material that is extracted from the ground and that is exported (i) to manufacture a consumer product that contains asbestos in not greater than trace amounts, (ii) to manufacture a product that is not a consumer product, or (iii) for a purpose other than manufacturing a

product, if the raw material will not be sold as a consumer product; (f) the asbestos, whether or not it is contained in a

product, is exported for use in a laboratory for analysis, in scientific research or as an analytical standard; and (g) the asbestos, whether or not it is contained in a

product, is exported for display in a museum.

Exception (2) Subsection (1) does not apply to asbestos referred to

in section 5.2.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Export of Asbestos Sections 5.3-5.4

Conditions for export (3) A person exporting asbestos in accordance with subsection (1) must comply with the permit requirements set out in subsection (4), unless (a) the concentration of asbestos in the exported product, including a raw material referred to in paragraph (1)(e), is less than 0.1% by weight; or (b) the asbestos exported is referred to in paragraph (1)(f) and the total quantity of asbestos exported for those purposes by the person during the calendar year in question does not exceed 10 kg.

Export with permit (4) A person who exports asbestos that is not referred to

in paragraph (3)(a) or (b) must (a) if the export is to a country other than a Rotterdam Party, hold an export permit referred to in section 5.4; (b) if the export is to a Rotterdam Party, hold a permit issued under subsection 12(1) or section 14 and respect the conditions described in subsection 7(3); (c) be a resident of Canada or, in the case of a corporation, have a place of business in Canada; (d) meet the requirements of sections 20 to 22; and (e) include a copy of the permit with each shipment. SOR/2018-196, s. 32.

Application for permit — non-party country 5.4 (1) An application for an export permit to export to a country that is not a Rotterdam Party must comply with section 11.

Issuance (2) Subject to subsection (3), the Minister must issue an

export permit on receipt of a permit application.

Reasonable grounds (3) The Minister must refuse to issue an export permit if the Minister believes on reasonable grounds that one or more of the circumstances referred to in paragraphs 16(a) to (c) apply.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Export of Asbestos Sections 5.4-6

Other conditions (4) Sections 15 and 18 to 22 set out additional conditions applicable to the export under the authority of a permit issued under subsection (2). SOR/2018-196, s. 32.

Conditions Relative to the Stockholm Convention Persistent organic pollutant 6 (1) In this section, persistent organic pollutant means a substance listed in Annex A or B of the Stockholm Convention, other than one added to that Convention by an amendment that is not in force for Canada.

POP specified in Part 2 or 3 of Schedule 3 to Act (2) A person that has provided a notice of proposed export under subsection 101(1) of the Act may export a persistent organic pollutant that is specified in Part 2 or 3 of the Export Control List under the following conditions, unless the export of that persistent organic pollutant is prohibited by any other regulation made under the Act: (a) if a specific exemption or acceptable purpose is listed in Annex A or B of the Stockholm Convention for that persistent organic pollutant and the export is to a Stockholm Party, (i) that Party has registered a specific exemption or acceptable purpose in the relevant Register established under the Stockholm Convention and the export complies with the terms of that specific exemption or acceptable purpose, (ii) in the case of a persistent organic pollutant added to the Stockholm Convention by an amendment that is not in force for that Party, an annual certification for the year in question regarding that Party that is in accordance with paragraph 2 (b) (iii) of Article 3 of the Stockholm Convention has been transmitted by Canada to the Secretariat established under that Convention, and the export complies with the terms of the specific exemption or acceptable purpose listed in those Annexes; (b) if a specific exemption or acceptable purpose is

listed in Annex A or B of the Stockholm Convention for that persistent organic pollutant and the export is to a State or regional economic integration organization that is not a party to the Stockholm Convention, an annual certification for the year in question regarding that State or organization that is in accordance with paragraph 2 (b) (iii) of Article 3 of the Stockholm

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Stockholm Convention Section 6

Convention has been transmitted by Canada to the Secretariat established under that Convention, and the export complies with the terms of the specific exemption or acceptable purpose listed in those Annexes; (c) the persistent organic pollutant is exported in accordance with paragraph 1 (d) of Article 6 of the Stockholm Convention; (d) the persistent organic pollutant is exported for use

in a laboratory for analysis, in scientific research or as a laboratory analytical standard and the total quantity exported for those purposes by the person during the calendar year in question does not exceed 10 kg; (e) the persistent organic pollutant is incidentally

present in trace amounts in the product that is being exported; or (f) the persistent organic pollutant is contained in a product (i) that was manufactured on or before the entry

into force for Canada of a provision of the Stockholm Convention prohibiting, under Annex A, or restricting, under Annex B, the production or use of that persistent organic pollutant, and (ii) in respect of which a notification has been provided by Canada in accordance with note (ii) to Annex A or B of the Stockholm Convention and the notification has been made publicly available in accordance with that note by the Secretariat established under the terms of that Convention.

Non-application (3) Subsection (2) does not apply to a persistent organic

pollutant that is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Crossborder Movement of Hazardous Waste and Hazardous Recyclable Material Regulations. SOR/2017-11, s. 5; SOR/2018-196, s. 33; SOR/2021-25, s. 85.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention Section 7

Conditions Relative to the Rotterdam Convention General Provisions Application 7 (1) Subject to section 23, sections 8 to 22 set out the

additional conditions applicable to the export of a substance specified in the Export Control List if that export is to a Rotterdam Party.

Non-application (2) Sections 8 to 22 do not apply to a substance that (a) is contained in a manufactured item that during

manufacture is formed into a specific physical shape or design and has for its final use a function or functions wholly or partly dependent on its shape or design; (b) is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations; (c) is, or is contained in, a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act; (d) is, or is contained in, a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act; (e) is, or is contained in, a chemical weapon as defined by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed at Paris, France, on January 13, 1993, as amended from time to time; (f) is, or is contained in, a food or drug as defined in section 2 of the Food and Drugs Act or a food additive as defined in Part B of the Food and Drug Regulations; (g) is contained in a product at a concentration of less

than 0.1% by weight; (h) is exported for the personal use of the individual

who imports it, if the total quantity exported for that purpose by the exporter during the calendar year in question does not exceed 10 kg; or

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention General Provisions Sections 7-9

(i) is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard, if the total quantity exported for those purposes by the exporter during the calendar year in question does not exceed 10 kg.

Export of asbestos (3) Despite subsections (1) and (2), in the case of asbestos exported to a Rotterdam Party, other than asbestos referred to in section 5.2 or in paragraph 5.3(3)(a) or (b), sections 11, 12 and 14 to 22 set out additional conditions applicable to the export of the asbestos. SOR/2017-11, s. 6; SOR/2018-196, s. 34; SOR/2021-25, s. 86.

Exports Not Requiring a Permit Substances not subject to prior informed consent procedure 8 A person that has provided a notice of proposed export

under subsection 101(1) of the Act may export a substance — other than a substance specified in Part 1 of the Export Control List — that is specified in Annex III of the Rotterdam Convention, but that is destined for use in a category other than the category specified for that substance in that Annex, if (a) that person is a resident of Canada or, in the case

of a corporation, has a place of business in Canada; and (b) that person meets the requirements of sections 20

to 22. SOR/2017-11, s. 7.

Direction issued by Minister 9 If a person is required to export a substance specified

in Part 1 of the Export Control List in compliance with a direction issued by the Minister under subparagraph 99(b)(iii) of the Act, that person must meet the requirements of sections 20 to 22 in addition to providing the notice of proposed export required under subsection 101(1) of the Act.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention Exports Requiring a Permit Sections 10-11

Exports Requiring a Permit Conditions of Export Substances in question 10 (1) Subject to section 9, any person proposing to export any of the following substances must hold an export permit: (a) a substance that is specified in Part 2 or 3 of the Export Control List and Annex III of the Rotterdam Convention and that is destined for use in the category specified for that substance in that Annex; (b) a substance that is specified in Part 1 of the Export

Control List whether or not it is specified in Annex III of the Rotterdam Convention; or (c) a substance that is specified in Part 3 of the Export Control List and that is not specified in Annex III of the Rotterdam Convention.

Additional conditions (2) Any person referred to in subsection (1) that has provided the Minister with a notice of proposed export under subsection 101(1) of the Act must (a) be a resident of Canada or, in the case of a corporation, have a place of business in Canada; (b) meet the requirements of sections 20 to 22; and (c) include a copy of the export permit with each shipment of the substance. SOR/2017-11, s. 8.

Permit Application Content of application 11 (1) The application for an export permit must include the information listed in Schedule 2 and be accompanied by (a) a written undertaking dated and signed by the exporter, or by their duly authorized representative, stating that the exporter assumes full responsibility for the removal of the substance from the country of destination and any related costs, including the transportation, care, control and storage of the substance, in the event that the exporter exports the substance in

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention Exports Requiring a Permit Permit Application Sections 11-12

contravention of any conditions set out in the export permit or if the export takes place after the export permit has expired or been cancelled; (b) in

the case referred to in subparagraph 12(1)(c)(iii), documentation confirming that the substance has been used in or imported into the country of destination in the last 10 years; (c) in the case referred to in subparagraph 12(1)(c)(iv), the written consent of the designated national authority of the country of destination to the import of the substance; and (d) a certification dated and signed by the exporter, or

by their duly authorized representative, stating that the information provided in the application is accurate and complete. Electronic or paper submission (2) The application and the documents referred to in subsection (1) may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister.

Combined notice and permit application (3) If the notice of proposed export and the application for an export permit in relation to a particular substance are provided to the Minister at the same time, the exporter does not need to provide the information referred to in items 1, 2 and 4 to 8 of Schedule 2 if that information is provided in the notice. SOR/2017-11, s. 9.

Issuance of Export Permits Substances subject to prior informed consent procedure 12 (1) Subject to section 16, in the case of the export of a

substance subject to the prior informed consent procedure that is specified in Part 1 of the Export Control List and destined for destruction or a substance subject to the prior informed consent procedure that is specified in Part 2 or 3 of the Export Control List, the Minister must issue an export permit if (a) the permit application is received before the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular of the country of destination’s response with respect to the import of the substance or of its failure to transmit that response; (b) the permit application is received after the Rotterdam Secretariat has first informed the Rotterdam

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention Exports Requiring a Permit Issuance of Export Permits Sections 12-13

Parties through the PIC Circular that the country of destination has given consent to the import of the substance; or (c) the permit application is received after the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular that the country of destination has failed to transmit a response with respect to the import of the substance and (i) the permit application is received before the end

of the six-month period that begins on the date of publication of that PIC Circular, (ii) the permit application is received after the end

of the 18-month period that begins on the date of publication of that PIC Circular, (iii) no regulatory action has been taken by the country of destination to prohibit the use of the substance and the substance has been used in or imported into the country of destination in the last 10 years, or (iv) the designated national authority of the country of destination has given written consent to the import of the substance.

Conditions of import (2) An export permit issued under subsection (1) must

specify the conditions of import imposed by the country of destination as set out in the PIC Circular or as may be specified in the designated national authority’s written consent, if applicable. SOR/2017-11, s. 10.

Other substances — Part 1 of Export Control List 13 Subject to section 16, in the case of an export for destruction of a substance — other than a substance subject to the prior informed consent procedure — specified in Part 1 of the Export Control List, the Minister must issue an export permit on receipt of the permit application.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention Exports Requiring a Permit Issuance of Export Permits Sections 14-17

Other substances — Part 3 of Export Control List 14 Subject to section 16, the Minister must, on receipt of

a permit application, issue an export permit for the export of a substance specified in Part 3 of the Export Control List that is not specified in Annex III of the Rotterdam Convention. SOR/2017-11, s. 11.

Expiry of permit 15 An export permit expires at the end of the calendar

year for which it is issued.

Refusal to Issue Permit Reasonable grounds 16 The Minister must refuse to issue an export permit if

the Minister believes on reasonable grounds that (a) the exporter is not able to export the substance in compliance with the Act, these Regulations or the conditions imposed by the country of destination; (b) the export would contravene the Act, any regulations made under the Act or any other measure taken under the Act; or (c) the exporter provided false or misleading information in the notice of proposed export, in the permit application or in any document provided under paragraph 11(1)(b) or (c). SOR/2017-11, s. 12.

Cancellation, Amendment or Suspension of Permit Consent for import not provided 17 (1) If the Rotterdam Secretariat advises the Rotterdam Parties through the PIC Circular that a country of destination does not consent to the import of a substance for which an export permit has been issued, the Minister must cancel the permit and the cancellation takes effect on the day that is six months after the date of publication of that PIC Circular. Revocation of consent (2) If a designated national authority advises the Minister that it revokes its written consent to the import of a substance for which an export permit has been issued, the Minister must cancel the permit and the cancellation takes effect on the day that is 30 days after the day on which the Minister is advised of the revocation.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention Exports Requiring a Permit Cancellation, Amendment or Suspension of Permit Sections 17-18

Failure to transmit response (3) If the Rotterdam Secretariat advises the Rotterdam

Parties for the first time through the PIC Circular that a country of destination has failed to transmit a response with respect to the import of a substance for which an export permit has been issued under paragraph 12(1)(a) or subparagraph 12(1)(c)(i), the Minister must cancel the permit and the cancellation takes effect on the day that is six months after the date of publication of that PIC Circular. Modification of conditions of import — PIC Circular (4) If the Rotterdam Secretariat advises the Rotterdam

Parties through the PIC Circular that a country of destination has modified the conditions of import of a substance for which an export permit has been issued, the Minister must amend the permit in accordance with the new conditions and the amendment takes effect on the day that is six months after the date of publication of that PIC Circular. Modification of conditions of import — designated national authority (5) If a designated national authority advises the Minister that it has modified the conditions of import of a substance for which an export permit has been issued, the Minister must amend the permit in accordance with the new conditions and the amendment takes effect 30 days after the day on which the Minister is advised of the modifications.

Obligations of Minister (6) The Minister may cancel or amend an export permit under this section only if a notice giving reasons for the amendment or cancellation has been sent to the exporter by mail, electronic mail or facsimile.

Reasonable grounds 18 (1) The Minister must cancel an export permit if the Minister believes on reasonable grounds that (a) the exporter is not able to export the substance in compliance with the Act, these Regulations or the conditions set out in the export permit; (b) the export contravenes the Act, any regulations

made under the Act or any other measure taken under the Act; (c) the exporter failed to comply with a condition set

out in the export permit;

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention Exports Requiring a Permit Cancellation, Amendment or Suspension of Permit Section 18

(d) the exporter failed to comply with the undertaking provided under paragraph 11(1)(a); or (e) the exporter provided false or misleading information in the notice of proposed export, in the permit application or in any document provided under paragraph 11(1)(b) or (c). Notice of proposed cancellation (2) The Minister must, before cancelling an export permit under this section, notify the exporter of the proposed cancellation by mail, electronic mail or facsimile.

Content of notice (3) The notice of proposed cancellation must (a) indicate the reasons for the proposed cancellation; (b) inform the exporter of the interim suspension of the permit; and (c) inform the exporter that it may make written representations concerning the proposed cancellation.

Interim suspension of permit (4) The export permit is suspended for the period beginning on the day on which the notice of the proposed cancellation is received and ending on the day on which the Minister makes a decision respecting the proposed cancellation.

Written representations (5) The exporter may, within 15 days after the day on which the notice is received, make written representations concerning the proposed cancellation.

Date of receipt (6) The notice of proposed cancellation is considered to

have been received by the exporter (a) on the day on which it is delivered, if it is delivered

personally; (b) on the 10th day after the day on which it is postmarked, if it is sent by mail; or (c) on the date that is indicated by the sending apparatus, if it is sent by electronic mail or by facsimile. SOR/2017-11, s. 13.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention Exports Requiring a Permit Retention of Records Sections 19-21

Retention of Records Period of retention 19 An exporter must keep at the exporter’s principal place of business in Canada, for a period of five years after the end of the calendar year for which the export permit is issued, (a) the export permit; (b) a copy of the application for the export permit and the documents required under paragraphs 11(1)(a) to (d) if the originals were submitted to the Minister or, if copies were submitted to the Minister, the original of the application and documents; (c) for each export of a substance, proof of liability insurance coverage as required under section 20; (d) for each export of a substance, a copy of the label

referred to in section 21 and the safety data sheet referred to in section 22; and (e) any shipping documents or any other documents that substantiate the date of the export and the exact quantity of the substance that was exported. SOR/2015-19, s. 3(F); SOR/2017-11, s. 14.

Liability Insurance Amount 20 The exporter must have liability insurance in an

amount of not less than $5,000,000 for each export in respect of (a) any damages arising from the export for which the exporter could become liable; and (b) any costs that could be imposed on the exporter under the applicable laws for cleaning up the environment as a result of the substance being released into the environment during export.

Labelling Information to appear on label 21 (1) An exporter must affix to any container in which a substance is exported a label that includes the following information in both official languages and, as far as practicable, at least one of the official languages of the country of destination:

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Rotterdam Convention Labelling Sections 21-22

(a) the name of the substance as it appears on the Export Control List and the commodity code of the substance as it is identified in the Harmonized Commodity Description and Coding System; (b) a description of the hazards to the environment or

human health that can arise from the nature of the substance or, if applicable, the product that contains it; and (c) the precautionary measures to be followed when handling, using or being exposed to the substance or, if applicable, the product that contains it, and the first aid measures to be administered in case of exposure.

Bulk shipment (2) In the case of a bulk shipment, the exporter must either affix a label in accordance with subsection (1) or include with each shipment a label or a document that contains the information required to be included on the label. Definition of bulk shipment (3) For the purposes of subsection (2), bulk shipment

means the shipment of a substance without any packaging or containment other than containment in (a) a vessel having a water capacity of more than 454

L; (b) a freight container or a portable tank; (c) a road vehicle or a railway vehicle; or (d) the hold of a ship. SOR/2017-11, s. 15.

Safety Data Sheet Information required 22 The exporter must include with each export of the substance, in both official languages and, as far as practicable, at least one of the official languages of the country of destination, a safety data sheet as defined in section 2 of the Hazardous Products Act that meets the requirements of the Hazardous Products Regulations in respect of the substance or, if applicable, the product that contains it. SOR/2015-19, s. 4.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations Conditions Relative to the Minamata Convention Sections 23-26

Conditions Relative to the Minamata Convention Restrictions 23 A person that has provided a notice of proposed export under subsection 101(1) of the Act may export a mixture that contains elemental mercury (CAS 7439-97-6) at a concentration of 95% or more by weight only if the mixture (a) is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations; (b) is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard, if the total quantity exported by the exporter during the calendar year in question does not exceed 10 kg; or (c) is contained in a manufactured item that during

manufacture is formed into a specific physical shape or design and has for its final use a function or functions wholly or partly dependent on its shape or design. SOR/2017-11, s. 16; SOR/2021-25, s. 87.

24 [Repealed, SOR/2017-11, s. 16] 25 [Repealed, SOR/2017-11, s. 16] 26 [Repealed, SOR/2017-11, s. 16]

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations SCHEDULE 1 Information To Be Provided in Notice of Proposed Export

SCHEDULE 1 (Subsection 5(3))

Information To Be Provided in Notice of Proposed Export 1 The name, civic and postal addresses, telephone number and, if any, fax number and email address, in Canada, of the person proposing to export a substance. 2 The name, title, civic and postal addresses, telephone number and, if any, fax number and email address of the duly authorized representative, if applicable. 3 For each substance exported, by country of destination, (a) the name of the substance as it appears on the Export Control List; (b) the country of destination; (c) the expected date or dates of export; (d) the estimated quantity of the substance to be exported; (e) an indication (i) that the export is for the purpose of destroying

the substance, or (ii) that the substance is intended for either industrial, pesticidal or another use; (f) an indication of whether the substance is exported

under the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations; and (g) in the case of a substance specified in Part 2 or 3 of the Export Control List and also listed in Annex A or B of the Stockholm Convention, (i) if the substance is exported under paragraph

6(2)(a) or (b), an indication of the specific exemption or acceptable purpose that applies to the substance, (ii) an indication of whether the substance is exported under paragraph 6(2)(c) and, if so, the name and civic address of the facility at which the disposal or recycling will take place and the method that will be used to dispose of or recycle the substance,

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations SCHEDULE 1 Information To Be Provided in Notice of Proposed Export

(iii) an indication of whether the substance is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard, (iv) an indication of whether the substance is incidentally present in trace amounts in the product that is being exported, and (v) an indication of whether the substance is exported under paragraph 6(2)(f) and, if so, the date of manufacture of the product that is being exported; and (h) in the case of asbestos, an indication of (i) whether the substance is contained in a product

that is a personal or household effect intended for the person’s personal use, (ii) whether the substance is contained in military

equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations, (iii) whether the substance is exported for disposal of the substance or of the product that contains it and, if so, the name and civic address of the facility at which the disposal will take place and the disposal method that will be used, (iv) whether the substance is contained in a product that was used before the day on which paragraph 5.3(1)(b) came into force, (v) whether the substance is contained in a product

that is exported in order to service military equipment, as defined in section 1 of the Prohibition of Asbestos and Products Containing Asbestos Regulations, while that equipment is outside Canada for the purposes of a military operation, as defined in subsection 9(3) of those Regulations, and there is no technically or economically feasible asbestosfree alternative available, (vi) whether the substance is contained in a product in not greater than trace amounts, (vii) whether the substance is contained in raw material that is extracted from the ground and that is exported (A) to manufacture a consumer product that

contains asbestos in not greater than trace amounts, (B) to manufacture a product that is not a consumer product, or

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations SCHEDULE 1 Information To Be Provided in Notice of Proposed Export

(C) for a purpose other than manufacturing a

product, if the material will not be sold as a consumer product, (viii) whether the substance, whether or not it is contained in a product, is exported for use in a laboratory for analysis, in scientific research or as an analytical standard, and (ix) whether the substance, whether or not it is contained in a product, is exported for display in a museum. SOR/2017-11, s. 17; SOR/2018-196, s. 35; SOR/2021-25, s. 88.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations SCHEDULE 2 Information To Be Provided in Application for Export Permit

SCHEDULE 2 (Subsections 11(1) and (3))

Information To Be Provided in Application for Export Permit 1 The name, civic and postal addresses, telephone number and, if any, fax number and email address, in Canada, of the exporter. 2 The name, title, civic and postal addresses, telephone number and, if any, fax number and email address of the duly authorized representative, if applicable. 3 The name, civic and postal addresses, telephone number and, if any, fax number and email address of the importer. 4 The name of the substance as it appears on the Export

Control List. 5 The expected date or dates of export. 6 The estimated quantity of the substance to be exported. 7 The country of destination. 8 An indication (a) that the export is for the purpose of destroying the substance; or (b) that the substance is intended for either industrial, pesticidal or another use. 9 The common name and trade name of the substance, if

applicable. 10 The CAS registry number of the substance, if applicable. 11 The commodity code for the substance set out in the

Harmonized Commodity Description and Coding System prepared by the World Customs Organization, as amended from time to time, if applicable. 12 If the substance is contained in a product, (a) the name of the product; and (b) the concentration of the substance in the product.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations SCHEDULE 2 Information To Be Provided in Application for Export Permit

13 The following information respecting the export: (a) the customs office through which it is expected to

be exported from Canada, if known; (b) the countries through which the substance will transit, if known; and (c) the proposed number of exports for the calendar year, if known. 14 The safety data sheet for the substance or, if applicable, for the product that contains the substance. SOR/2015-19, s. 5; SOR/2017-11, ss. 18, 19.

Current to June 20, 2022 Last amended on October 31, 2021

Export of Substances on the Export Control List Regulations RELATED PROVISIONS

RELATED PROVISIONS — SOR/2015-19, s. 7 7 (1) In this section, former Regulations means the Export of Substances on the Export Control List Regulations as they read immediately before the day on which these Regulations come into force. (2) These Regulations do not apply to an exporter if the

exporter exports a substance on or after the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1 are in force, but before a day to be fixed by order of the Governor in Council for the purposes of sections 131, 134 and 136 of that Act, and if the exporter would not, were the former Regulations in force at the time, be in contravention of the former Regulations.

Current to June 20, 2022 Last amended on October 31, 2021

