Basel convention on the control of transboundary movements of hazardous wastes and their disposal

Background

In the late 1970s and early 1980s, global actors raised concerns about the transboundary movement and disposal of hazardous wastes. Industrialized countries were exporting waste to developing countries for lower-cost disposal; however, many of those shipments were managed without adequate environmental controls or oversight.

This concern led to an urgency in developing and implementing international controls. A landmark convention was established under the United Nations: the Basel Convention. It aims to control the transboundary movement of hazardous wastes and their disposal. Canada participated in developing the Convention and was one of the original signatories on March 22, 1989. As of August 2026, 191 countries, including the European Union, are Parties to the Convention.

Ratification and Implementation

The Basel Convention came into force on May 5, 1992, after 20 countries ratified it. Canada ratified the Basel Convention on August 28, 1992.

Parties adopted the Amendment to the Basel Convention on 22 September, 1995 in Geneva, and the Amendment entered into force on 5 December, 2019 (Ban Amendment). The Ban Amendment, which prohibits the export of hazardous waste from OECD member countries, to developing countries, is now in force for all Parties that have ratified it.

With its August 2026 amendments to the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, Canada is now in a position to ratify the Ban Amendment. Once Canada ratifies the Ban Amendment, it will enter into force for Canada 90 days later.

The Basel Convention’s key objectives are to:

• Minimize the generation of hazardous wastes
• Ensure that Parties manage and dispose of hazardous wastes in an environmentally sound manner, as close to the source of generation as possible
• Minimize moving hazardous wastes across international borders

The Basel Convention controls how Parties move hazardous and other wastes across borders through its provisions for Prior Informed Consent (PIC). Parties must meet PIC requirements before they can ship waste. The Convention treats shipments without proper permits as illegal under its terms and conditions.

Each Party to the Convention must take appropriate measures to regulate how wastes move across borders. Each Party must also establish agreements with non-Parties to control such movements where applicable. The Basel Convention’s website provides information on which Parties have agreed to or arranged such measures.

Canada complies with its international obligations through the implementation of the

•  Canadian Environmental Protection Act (CEPA)
•  Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (the Regulations)

The Regulations ensure Parties manage and dispose of hazardous wastes in a manner that is protective of the environment and human health.  

Canada’s Regulations separate the terms

• "hazardous wastes" and
• “other wastes”

under the Basel Convention into either

• “hazardous waste” (HW) or
• “hazardous recyclable material ” (HRM)

As per Schedule 1 of the Regulations,

• HW is subject to a disposal operation and
• HRM are subject to a recycling operation

Conditions under Basel

Parties may not carry out or authorize transboundary movements (imports, exports or transits) of hazardous wastes and other wastes:

• to States that are not Parties to the Convention unless they have a bilateral agreement or arrangement under Article 11;
  • For example, Canada and the United States operate under the Canada- US Agreement on the Transboundary Movement of Hazardous Wastes;
  • They have also agreed upon measures under the Canada-US Arrangement concerning the environmentally sound management of non-hazardous waste and scrap subject to transboundary movement
• to Antarctica
• if the prospective State of destination has prohibited such imports
• if facilities in the State of origin can dispose of or recycle the waste,
• unless the State of import requires the waste as raw material for recycling or recovery industries, and
• if there is reason to believe that environmentally-sound management/disposal options are not available in the prospective State of destination

Canada’s commitment to the Basel Convention provides environmental benefits. It allows Canada to harmonize its framework on the transboundary movement of HW and HRM with nations in the European Union and Organisation for Economic Co-Operation and Development (OECD). Most transactions of Canadian hazardous recyclable material destined for recovery/recycling occurs with OECD member countries. Once the Ban Amendment comes into force for Canada, it will prohibit the export of HW and most HRM to developing countries. This will reduce environmental and human health risks where imported HW and HRM in developing countries may be mismanaged.

Canadian representation at Basel

Environment and Climate Change Canada's (ECCC) is Canada’s Competent Authority and Focal Point for the Basel Convention. Canada continues to be a strong participant in Basel Convention activities and attend meetings of the Convention. ECCC has led Canadian delegates at Technical, Legal, and Strategic Working Groups meetings. It has also participated in meetings of the Conference of Parties and Open-Ended Working Group. ECCC develops and advances Canada’s interests on issues such as:

• Development of technical guidelines related to environmentally sound management (ESM) practices
• Effectiveness evaluation of the Basel Convention
• Partnership on plastic waste and e-waste
• Review of some annexes to the Convention, including those related to disposal operations, waste types and constituents, and hazard characteristics
• Membership of the implementation and compliance committee for 2025-2029

To learn about Basel Convention meetings and activities, consult the Basel Convention Website.

Obtaining copies of relevant publications

You can obtain a copy of the Basel Convention text from the United Nations Environment Programme. Access it through the Basel Convention Website.