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Dangerous Goods

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2019 will likely go down as the year that (developing) Asian countries have finally had enough of western garbage. Indeed, their final victory in repelling imports of unrecyclable plastics and other wastes won’t come too soon for international brand owners whose reputations have increasingly been harmed with the scrutiny now being paid to the final destinations of their products and packaging. The Shift in Asian Waste Imports It started last year with the China National Sword,…

“Canada continues to allow exports of hazardous e-waste to flow to developing countries (in this case, China and Pakistan)… These are all likely to be illegal.” Export of e-Waste from Canada, October 10th, 2018, Basel Action Network The release of this report by the Basel Action Network, subtitled A Story as Told by GPS Trackers, has thrown a veritable thunderbolt into the midst of the waste electrical and electronic equipment recycling industry in Canada (and…

Companies distributing goods into Canada would be wise to take heed of Transport Canada’s recent encroachments into areas of consumer product safety. Much attention was paid to the recent Notice to Airmen issued by Transport Canada’s Civil Aviation unit (TSSA), effectively requiring the broadcast warning of a ban on the transport of certain cell phones containing volatile lithium batteries.   These constant broadcasts would have seemed unusual to air passengers, which have instead looked to…

With the impending overhaul of Canada’s Environmental Emergency Regulations, the oil and gas industry may be surprised to learn that their obligations under the coming regulations involve additional regulatory measures to be applied to both existing and newly designated substances, many from the oil and gas sector such as: diesel; gasoline; natural gas condensates; naphtha; crude oil; fuel oil, nos. 2, 4, & 6; and petroleum distillates. In short, much of the industry’s products will…

Transport Canada has released for comment a White Paper, Training in the Transportation of Dangerous Goods: A White Paper, outlining the changes it is proposing to the training requirements for individuals responsible for transporting dangerous goods in and out of Canada.  “Competency” to be Proven Concerns have been expressed, often post-incident, as to the sufficiency and quality of training of company dangerous goods representatives.  The White Paper represents a fundamental training threshold shift from mandating…

Environment Canada has published its proposed risk management measures for embattled Triclosan, confirming that Pollution Prevention Plans, mandated under the Canadian Environmental Protection Act, will soon be required for its continued use in Canadian consumer products, including: non-prescription drugs, natural health, personal care and cleaning products such as antibacterial soaps, skin cleansers, toothpastes, make-up, deodorants, skin creams, fragrances; and general purpose cleaners, and detergents. Triclosan Use Already Restricted Efforts to regulate Triclosan in Canada are not…

On May 21, 2016, the Minister of Environment published a Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Halocarbons Used as a Refrigerant (“Notice”) under Part 4 of the Canadian Environmental Protection Act (“CEPA”). The Notice will increase obligations for businesses which make, reclaim or import halocarbons for use as a refrigerant. Such businesses have a short window to prepare pollution prevention plans concerning halocarbon management. The Notice obligations specifically apply…

The Minister of Environment and Climate Change has finally proceeded with new regulation of hydrofluorocarbons (HFCs) with the issuance of reporting obligations under the Notice With Respect to Hydrofluorocarbons in Bulk  (“Notice”) pursuant to the Canadian Environmental Protection Act. The Notice sets out that the manufacture, import and export of HFCs or mixtures containing HFCs in bulk trigger reporting requirements for any reportable substances (“Listed Substances”) set out in the Notice. The Notice applies to…

Lithium batteries are everywhere. They power our favourite devices (phones, tablets, laptops, etc.) and beyond (electric cars, medical equipment, power tools, etc.). As demand for these efficient power sources has increased, so has the need to transport them. Lithium batteries fall into two categories, lithium-ion batteries and lithium-metal batteries. Lithium-ion batteries are re-chargeable and high energy density, but do not contain metallic lithium. Lithium-metal batteries are usually non-rechargeable but feature a higher energy density than…