Federal Environment Minister Sergio Marchi and Health Minister David Dingwall announced February 26, 1996, that the environmentally sound management of Canadian PCB waste exports must be assured before the Canada/U.S. border will be opened.

An Interim Order under the Canadian Environmental Protection Act banning the export of Canadian PCBs to the United States was put in place November 20, 1995, following a U.S. decision to open its borders to Canadian PCB wastes after 15 years of closure.

"A cabinet committee agreed to maintain the Interim Order so that a framework for the sound environmental management of Canadian PCB waste exports can be put in place," said Minister Marchi.

New U.S. rules governing the import of PCB wastes are anticipated shortly. As soon as they are finalized, the government will undertake an immediate review. If the new U.S. rules, together with Canada's regulatory framework and the bilateral Canada-US Agreement on the Transboundary Movement of Hazardous Waste, are adequate to deal with PCB wastes, the Canadian government will then rescind the Interim Order and the Canada/U.S. border will be opened.

If additional measures are needed, adjustments under the bilateral agreement or amendments to Canada's PCB Waste Export Regulations will be made. These amendments would be completed and then the Interim Order would cease to exist.

"Since the Interim Order went into effect last November, Environment Canada and the U.S. Environmental Protection Agency have intensified their efforts to identify an environmental solution benefitting Canada and the United States," said Minister Marchi.

The government expects that the environmentally sound management of Canadian PCB waste exports can be assured by early summer at the latest, and that exports to the United States could begin soon afterwards.

Federal jurisdiction over PCBs includes transboundary and interprovincial shipment of PCB wastes and the management of PCB wastes at federal facilities. Provincial jurisdiction includes intra-provincial shipment and the disposal at provincial facilities.

PCBs are a high profile issue in both Canada and the US. Canadian incidents include the 1985 PCB spill in Kenora, Ontario, the 1988 St-Basile-le-Grand PCB fire in Quebec, and the 1989 failed attempt to export PCB wastes to the United Kingdom when British dockers would not unload the ship carrying Canadian PCB wastes. On returning to Canada, demonstrators tried to stop the vessel unloading at Baie Comeau.

Both Canada and the US routinely ship hazardous wastes (except PCB wastes) across the border for destruction, subject to the 1986 Canada-US Agreement on the Transboundary Movement of Hazardous Waste. Since 1980, the US EPA has had a PCB waste import/export ban.

In 1990, PCB Waste Export Regulations were put in place banning PCB waste exports to all countries except the US, the intention being to allow US government-owned PCB wastes in Canada to be returned to the US for disposal.

In 1992, Canada enacted the Export and Import of Hazardous Waste Regulations and ratified the Basel Convention. Although the Basel Convention has not been ratified by the US, this Convention provides for bilateral agreements such as the 1986 Canada-US Agreement.

In December 1994, the US EPA proposed to amend its PCB regulations to allow limited PCB waste import/export; the anticipated border opening was mid-1996. On October 26, 1995, without notifying Canada, the US EPA preempted its regulatory amendments by granting S.D. Myers of Ohio "enforcement discretion" to import Canadian PCB wastes effective November 15, 1995.

On November 20, 1995, Canada made an Interim Order under the Canadian Environmental Protection Act (CEPA) to amend the 1990 PCB Waste Export Regulations to stop PCB waste shipments to the US. The Interim Order was made because Canada lacked assurance that Canadian PCB wastes, if exported to the US, would be managed in an environmentally sound manner. There was also uncertainty about the final content of the proposed US regulatory amendments governing PCB waste imports. The US had not confirmed that PCB wastes were covered under the Canada-US Agreement.

On December 14, 1995, Deputy Prime Minister Sheila Copps and EPA Administrator Carol Browner confirmed the importance of developing a North American strategy for PCBs, including the management of transboundary PCB waste shipments. The U.S. subsequently agreed that future PCB waste shipments will be subject to the Canada-US Agreement. Canada, US and Mexico have recently agreed to develop a North American PCB Management Strategy by the end of 1996.

An Interim Order is a CEPA regulatory option for immediate action to deal with a significant danger to the environment or to human life or health. An Interim Order can be made if a substance deemed toxic under CEPA, in this case PCBs, is not adequately regulated, and immediate action is required to deal with a significant danger to the environment or to human life or health.

CEPA prescribes steps that must be followed after the Interim Order is made to keep the Interim Order in effect:

• offer to consult the governments of all the affected provinces within twenty-four hours after making the Order to determine whether they are prepared to deal with the significant danger;
• consult with other Ministers of the Crown to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.