Environment Canada defends decision to ban PCB waste exports

The position of Environment Canada in banning the export of PCB waste to the United States was defended as falling within their jurisdiction under provisions of the the Canadian Environmental Protection Act. The United States had previously banned the import of Canadian PCBs, but when it reversed its decision Environment Canada posted an Interim Order, upholding the ban. The decision to do so was based on protection of the large investment that was made to develop the Canadian PCB incineration facility in Swan Lake, Alberta. Canada also had an obligation under the Basel Convention to reduce it cross boundary movement of hazardous waste and provide adequate destruction facilities in Canada. Legal implications of PCB exports and the uncertainty of continuing access to American facilities were also cited as reasons for issuing the Interim Order