The federal government has tweaked the regulations it uses, under the Canadian Environmental Protection Act (CEPA 1999), to control which polluting substances can be exported from Canada. The new rules reduce redundancy, and add in Canada’s obligations under the Stockholm Convention. The old Export Control List Notification Regulations (ECLNR), SOR/2000-108 have been repealed. In their place, the Export of Substances on the Export Control List Regulations (ESECLR), SOR/2013-88, now serve as a single system of export controls for substances listed to the Export Control List (ECL) in Schedule 3 of CEPA 1999, and for substances identified in the Stockholm Convention on Persistent Organic Pollutants (POPs), as well as the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (http://www.pic.int/). Canada is a party to both treaties.
Previously there were two sets of somewhat similar regulations, one for substances identified on the Export Control List and one for those identified in Annex III of the Rotterdam Convention (the Export of Substances Under the Rotterdam Convention Regulations (SOR/2001-317)).
Canada’s current Export Control List contains substances whose export is controlled because their manufacture, import and/or use in Canada is prohibited (e.g., Mirex), restricted (e.g., CFCs), or because Canada has accepted, through an international agreement, to control their export (e.g., DDT).
The ESECLR Regulations set out the content and form of the notice of proposed export required for the export of these substances. Changes from the earlier regulations include the following:
Under section 2(2) of the earlier regulations, the Notice of proposed export had to be filed at least seven (7) days before the date of the first export indicated in the notice. Under section 5(1) of the current regulations, that notice has to be filed at least thirty (30) days before the export.
Under section 5(3)(b) of the current regulations, the Notice must now be accompanied by a certification, dated and signed by the person proposing the export (or a representative) stating that the information provided in the notice is accurate and complete. This is a new requirement.
Finally, the previous requirement under section 3(1) of the old regulations to file an Annual Report identifying the name and quantity of every substance that was exported and to what country has been eliminated in order to reduce redundant filing of information.