The regulation prohibits importing or exporting contaminated fuel, with limited exceptions, and requires importers and exporters to keep records or proof documents and provide them on request.
Contaminated Fuel Regulations Whereas, pursuant to subsection 48(1) of the Canadian Environmental Protection Act*, the Minister of the Environment published in the Canada Gazette Part I on March 16, 1991, a copy of the proposed Regulations respecting the import and export of contaminated fuel and amending the List of Toxic Substances in Schedule I to the Canadian Environmental Protection Act, substantially in the form annexed hereto; R.S., c. 16 (4th Supp.) Whereas more than 60 days have elapsed from the date of publication and no notices of objection to the proposed Regulations were filed with the Minister of the Environment pursuant to subsection 48(2) of the Canadian Environmental Protection Act*; And Whereas, in the opinion of the Governor in Council, pursuant to subsection 34(3) of the Canadian Environmental Protection Act, the regulations do not regulate any aspect of any substance that is regulated by or under any other Act of Parliament; Therefore, His Excellency the Governor General in Council, pursuant to section 34** of the Canadian Environmental Protection Act*, on the recommendation of the Minister of the Environment and the Minister of National Health and Welfare and after the federal-provincial advisory committee has been given an opportunity to provide its advice under section 6 of that Act, is pleased hereby to make the annexed Regulations respecting the import and export of contaminated fuel and amending the List of Toxic Substances in Schedule I to the Canadian Environmental Protection Act. S.C. 1989, c. 9, s. 2 [Repealed, SOR/2018-11, s. 2] In these Regulations, contaminated fuel means any fuel described in item 13 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999. Subject to subsections 4(1) and (2.1) and section 5, it is prohibited for any person to import contaminated fuel. Subject to subsections 4(2) and (2.1), it is prohibited for any person to export contaminated fuel. A person may import into Canada contaminated fuel for destruction, disposal or recycling in accordance with applicable federal or provincial law regarding the destruction, disposal or recycling of hazardous wastes. A person may export contaminated fuel to a country if the appropriate authority in that country authorizes or permits the importation. A person does not contravene section 3 if the contaminated fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and there is written evidence establishing that the fuel is in transit. For the purposes of subsection (2), appropriate authority means the authority, body or person, of a country that is competent under the laws of that country to authorize the import of contaminated fuel into that country. A person who imports contaminated fuel into Canada shall maintain, for each shipment of contaminated fuel imported, records that contain the following information: the type of contaminated fuel imported; the quantity of each type of contaminated fuel imported; the date on which the contaminated fuel was imported; the port of entry through which the contaminated fuel passed; the commodity code for each type of contaminated fuel imported; the importer number for the shipment of contaminated fuel; the name of the manufacturer of the contaminated fuel, if known; the name of the supplier of the contaminated fuel, if different from that of the manufacturer; locations to which the contaminated fuel is to be delivered; the name and address of all purchasers of the contaminated fuel; the class and name of each dangerous good that contaminates the fuel; and the purpose for which the contaminated fuel was imported. A person who exports contaminated fuel out of Canada shall maintain, for each shipment of contaminated fuel exported, a document that provides proof that the importation into the country of destination is authorized or permitted by that country in accordance with subsection 4(2). Any record referred to in subsection (1) and any document referred to in subsection (2) shall be kept by the importer or exporter, as the case may be, for a period of five years after the day on which the record or document, as the case may be, is made. An importer or exporter of contaminated fuel shall, on request of an enforcement officer, produce any records or documents that contain the information referred to in section 5. [Repealed, SOR/2000-102, s. 7]