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SOR/2000-108 have been repealed.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
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
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
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
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