Amendments to the Cross-Border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations
On August 26, 2026, the Regulations Amending Certain Department of the Environment Regulations, which include amendments to the Cross-Border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (XBR), were published in Canada Gazette, Part II.
Effective immediately, the Amendments:
- modify the definition of hazardous waste to enable the assessment of whether something is a waste using certain specifications other than operations listed in Schedule 1 of the XBR. This does not change what is considered hazardous waste;
- clarify the requirement for permit holders to obtain an export permit before any movement of hazardous waste or hazardous recyclable material occurs from the facility of origin; and
- provide greater administrative flexibility, including allowing an interim operation prior to a final operation when re-routing a shipment.
The amended XBR will also position Canada to ratify Article 4A (the Ban Amendment) to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Once the Basel Ban Amendment enters into force for Canada (date to be provided), the Amendments will:
- prohibit the export of hazardous waste and most hazardous recyclable material from Canada to countries that are not members of the Organisation for Economic Co-operation and Development (OECD).
As part of the longer-term review of the XBR, the Department will continue to engage stakeholders on options to strengthen controls on waste electrical and electronic equipment while maintaining flexibilities that support Canada’s critical minerals strategy and supply security.
Tracey Spack
Executive Director
Waste Reduction and Management Division
Plastics and Waste Management Directorate
Environment and Climate Change Canada