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Legal Guide


Generation and transport

Waste management obligations are set out in various federal and provincial statutes. Transportation and disposal of hazardous wastes in Canada is strictly regulated. Transport Canada regulates interprovincial transport, as well as the import and export of hazardous waste. Provincial governments otherwise regulate the generation, transport, storage and disposal of hazardous waste. Waste may only be generated, handled, stored, processed and disposed of pursuant to a permit, and at an approved facility (which may be an on-site facility). Collection of residential waste is a matter of municipal responsibility.

All hazardous waste shipments require completion of a hazardous waste manifest and may only be transported by licensed carriers. Certain categories of hazardous waste, such as asbestos waste and PCB waste, are subject to special requirements.

There is a general duty on waste generators to ensure that waste is only transported and disposed of by a licensed party, pursuant to a properly issued waste manifest, and that a follow-up is conducted to ensure the waste has arrived at the designated disposal site. Failure to do so can result in fines.

Waste diversion

Provincial governments are responsible for the regulation of waste diversion, deposit return and other recycling programs under a variety of schemes, which increasingly shift the associated costs to the business that put the original item that generated the waste into the stream of commerce. Increasingly, Canadian provinces are considering point-of-sale levies for electronics recycling. Mandatory vendor take-back programs currently exist only for alcoholic beverage containers. Employers over a certain size must implement mandatory waste separation programs.

Additional posts from the blog

Nov

12

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

by Margot Patterson

CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system (e.g. computer, device) unless the program is installed with consent and complies with disclosure requirements. The provisions in CASL related to the installation of computer programs will come into force on January 15, 2015.

May

02

Environment Canada issues Hydrofluorocarbon reporting requirement

by Nalin Sahni

On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain hydrofluorocarbons (“HFCs”) from 2008 and 2012. A non-exhaustive list of HFCs subject to these reporting requirements can be found in Schedule 1 of the Notice.

Apr

17

“Oh, what a tangled web we weave when first we practice to deceive.”

by Andy Pushalik

In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent by a rogue employee to another of its workers.



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