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NAID to Comment on Canada’s Proposed Cross Border Waste Electronics Regulation

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August 30, 2017

Environment and Climate Change Canada (ECCC) is proposing a Regulation on the Cross-Border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, in what would update and consolidate three other existing regulations: the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, the Interprovincial Movement of Hazardous Waste Regulations and the PCB Waste Export Regulations.
International movements of electrical and electronic equipment destined for disposal or recycling are among the materials affected by the regulation. In section 3.5 of the discussion paper it states: 
“In order to capture designated EEE [Electrical and Electronic Equipment] in the proposed Regulations, such equipment would be added to the definitions of “hazardous waste” and “hazardous recyclable material” by listing specific equipment in a schedule, such as Schedule 3 of the EIHWHRMR. This would mean that any listed equipment being sent for one of the disposal or recycling operations would be considered hazardous waste or hazardous recyclable material.”
The section then goes on to describe various options being considered for classification of such materials.
While NAID may choose not to comment on specified environmental and business issues within the proposed regulation, it will almost certainly address issues related to data protection, pointing to emerging inconsistencies in Europe between the ageing WEEE Directive and the new General Data Protection Regulations (GDPR). Canada’s recent hearings on the country’s data protection law – Personal Information and Electronic Document Act (PIPEDA), have been largely focused on mimicking many of the GDPR requirements. 
According to NAID CEO Bob Johnson it is fortunate that both data protection and environmental regulations are being considered at the same time, since it will potentially allow for a better harmony.
Stakeholders are invited to provide written comments on the discussion document on proposed regulatory changes and administrative and compliance costs for businesses during a 45 day comment period, which will end on October 6, 2017.  NAID will make its comment public with an announcement in NAIDdirect.