Final Report: Proposed CEPA 1999 Interprovincial Movements of Hazardous Waste Regulations

Prepared for:
Environment Canada
Transboundary Movement Division

Prepared by:
SENES Consultants Limited
121 Granton Drive, Unit 12
Richmond Hill, Ontario
L4B 3N4

December 2000

Environment Canada is preparing new regulations and adopting aspects transferred from the Transport of Dangerous Goods Regulations (TDGR) to the new Canadian Environmental Protection Act (CEPA 1999) for the interprovincial transport of hazardous wastes and hazardous recyclable materials. A series of four (4) two day stakeholders workshops was held in the fall of 2000 for consultation on these proposed CEPA 1999 regulations.

The workshops were held in Toronto, Montreal, Halifax and Calgary in order to get a broad regional stakeholder representation. Representatives from industries, carriers, waste management companies, and environmental non-governmental organizations were invited to attend the workshops.

The series of workshops successfully achieved each of the identified goals, which were to provide an opportunity for stakeholders to:

• review the proposed regulations;
• give feedback on the direction of the proposed regulations;
• generate consensus on major issues; and
• identify key areas that need clarification in anticipation of drafting the new regulations in early 2001.

The structure of the workshops was conducive to the full participation of the attendees, which was evident by the substantial amount of discussion that took place. Representation at the workshops was well distributed between industry, carriers and waste management companies. A significant number of participants from the rail sector participated in the Calgary workshop.

There were a number of common issues that the majority of participants expressed throughout the four workshops. These issues were identified as:

• the need to harmonize regulations between the federal government and the provincial governments throughout Canada;
• the need for the proposed regulations to better facilitate and promote recycling;
• the need for a system of obtaining Permits for the Equivalent Level of Environmental Safety (PELES) that is fair, consistent, economical and timely; and
• the need to properly recognize the role of transfer stations and waste brokers in the business of waste management.

The only regional variance that was observed was related to the issue of electronic documentation. At the Calgary workshop, the suggestion to implement an electronic database for tracking hazardous wastes was widely supported. In Toronto and Montreal, the general feeling was that electronic manifesting is a good idea, yet might be difficult to implement. In Halifax however, many participants doubted the electronic capabilities of stakeholders to be able to participate in such a system.

Stakeholders at all of the regional workshops expressed that they would like further consultation prior to the publication of the regulations in Canada Gazette Part I. There was unanimous agreement that the draft version of the regulations should be posted on the Internet to give stakeholders easy access to the document. In addition, the stakeholders generally expressed that they would like the draft Memoranda of Understanding (MOU) between provinces and Environment Canada discussed with them prior to finalization.

To obtain a copy of this document, contact Joe Wittwer.