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S E R V I N G C A N A D I A N S AU SERVICE DES CANADIENS DEPARTMENT OF JUSTICE CANADA MINISTÈRE DE LA JUSTICE CANADA Canadian Environmental Protection Act, 1999 Five-Year Parliamentary Review Environment Canada Legal Services, October 22, 2004 S E R V I N G C A N A D I A N S AU SERVICE DES CANADIENS Overview of the Legislation • CEPA, 1999 is the cornerstone of federal environmental protection legislation. • The Act came into force on March 31, 2000. • It has as its purpose the prevention of pollution and the protection of the environment and human health in order to contribute to sustainable development. S E R V I N G C A N A D I A N S AU SERVICE DES CANADIENS Subject Matter of the Act • CEPA, 1999 addresses the following subject matters: • Public Participation • Information Gathering, Objectives, Guidelines and Codes of Practice • Pollution Prevention • Controlling Toxic Substances • Animate Products of Biotechnology • Controlling Pollution and Managing Wastes • Environmental Matters Related to Emergencies • Government Operations and Federal and Aboriginal Land • Enforcement • Miscellaneous Matters S E R V I N G C A N A D I A N S AU SERVICE DES CANADIENS Results of the Last Review • The outcome of the last Parliamentary review resulted in a new Act that introduced several significant changes that we see today in CEPA, 1999: • • • • • • • • • Requirement to establish and maintain an Environmental Registry Requirement to categorize the 23000 substances on the DSL within 7 years of Royal Assent (September 2006) Requirement to take preventive or control actions with respect to a substance that has been determined to be toxic under the Act within a 24/18-month time period Authority to require persons to prepare and implement pollution prevention plans Authority to issue Environmental Protection Compliance Orders Authority to use Environmental Protection Alternative Measures as a post-charge diversion scheme Authority to regulate on-road and off-road vehicle, engine and equipment emissions Expanded whistleblower protection to all persons, not solely federal employees Enhanced public participation rights (e.g. application for investigation by Minister and Environmental Protection Action) S E R V I N G C A N A D I A N S AU SERVICE DES CANADIENS The Next Review • Section 343 of the Act requires that the Act be referred to a committee of Parliament every five years after its coming into force. • CEPA, 1999 will be referred for review no later than March 31, 2005. • The committee to which the Act is referred is tasked with undertaking a comprehensive review of the provisions and operation of the Act. • The committee tasked with the review will have one year to conduct the review and present its report to Parliament which may contain its recommendations as to any changes to the Act or its administration. S E R V I N G C A N A D I A N S AU SERVICE DES CANADIENS Estimated Timing of the Review Process 2004 Preparations for Parliamentary Review 2005 Act to be referred to Parliamentary Committee by March 31 2006 Parliamentary Committee presents their report with recommendations (April) Government Response to Committee Report prepared within 150 calendar days (August) 2007 Bill phase if required 2008 Royal Assent and Proclamation of Amended or new CEPA if required S E R V I N G C A N A D I A N S AU SERVICE DES CANADIENS Practical Considerations for CEPA Review • Ministers’ role will be limited to making recommendations to the Review Committee. • This review will take place in a minority government with Parliamentary Committees having a significantly altered dynamic from past Committees. • New members and chairs of the Standing Committees. • Smart Regulation initiative will likely influence issues for CEPA Review. S E R V I N G C A N A D I A N S AU SERVICE DES CANADIENS Potential Issues for CEPA Review • During the implementation of CEPA, 1999 over the past 4 years, several issues have been raised both by stakeholders and by Environment Canada and Health Canada: • • • • • • Operationalizing the Precautionary Principle Addressing environmental issues on Federal and Aboriginal Lands Regulating animate products of biotechnology The designation of substances meeting the criteria in s. 64 as “toxic” The obligations of the 24/18-month time-clock provisions The extent to which new enforcement tools have been used in the Act (e.g. EPCOs and EPAMs) • Frequency with which the Act is reviewed by Parliament • CEPA, 1999’s interface with other federal legislation in the regulation of toxic substances • Clarity of the Act’s provisions