Transcript Document

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:
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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:
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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