CEPA 1999 Parliamentary Reviews

Presentation for “DOJ Day” Canadian Bar Association November 3, 2006

EC and HC undertook significant preparations for the current 5 year reviews • Departmental preparations included: – Internal analysis of how the legislation is affecting programs – External evaluations of implementation of the Act – Broad-based stakeholder engagement: • public workshops in six cities across Canada • web-based stakeholder engagement – Issues Paper tabled with the Parliamentary Committees in October (available on CEPA Registry)

What we heard during stakeholder discussions

• Fundamentally sound Act • More effective implementation will address many concerns • Some issues may need a legislative change to be resolved • Concern that Review may distract from implementation • Some concerns about adequacy of resources to support implementation of the Act

Overall departmental messages…

• CEPA 1999’s basic architecture is sound • Review represents opportunity to make a good Act better • Past six years have been spent putting in place many significant elements of CEPA 1999 and results are now emerging – e.g., Use of new risk management tools, such as Pollution Prevention Plans

Government released paper on CEPA Issues

• Twelve technical Issues Paper raised by Government and 3 issues broader than CEPA • Technical issues relate to making Act more efficient • Broad issues: federal lands and operations aboriginal lands; biotechnology – CEPA is not the only legislation to address these issues

Five year review has begun…

• Two reviews of CEPA 1999 currently underway – House of Commons Standing Committee on Environment and Sustainable Development • began hearings on Review of CEPA on May 10, 2006 – Senate Standing Committee on Energy, the Environment and Natural Resources • began hearings on Review of CEPA on May 16, 2006

House of Commons Review

•

Standing Committee on Environment and Sustainable Development

has heard from the following groups: – Industry Coordinating Committee – Canadian Chemical Producers’ Association – Canadian Consumer Specialty Products Association – Canadian Environmental Law Association – Canadian Fertilizer Institute – Canadian Strategy for Cancer Control – Environment Canada, Health Canada, Justice Canada & Statistics Canada – International Joint Commission – Commissioner of the Environment and Sustainable Developoment – Great Lakes United/Canadian Environmental Network – Ivey Foundation – Mining Association of Canada – Pollution Watch – Environmental Defence – Canadian Medical Association – Ontario Medical Association

House Committee Fall Work Plan

This Fall, the House Committee plans to hold at least 10 meetings to deal with issues under 6 broad topics

Topic Measuring success: pollution prevention International activities Assessment of substances Issue

Measurement of goals; state of the environment reporting; improved monitoring of toxics Lessons from other jurisdictions; recognizing int’l decisions; taking advantage of REACH Accounting for vulnerable populations; use of “toxic”; chemicals under FDA; managing results of categorization; bearing the burden –industry/govt

Managing substances Cooperation with provinces, territories and aboriginal peoples Interdepartmental co-operation & legislative overlap

Improving timelines; implementing virtual elimination; most appropriate tools; enforcement; public participation Incorporating aboriginal views; role of NAC vis à-vis CCME; role of equivalency and admin agreements Roles of departments; legislative clarity within CEPA and vis à-vis other acts

Senate Review

• Standing Committee on Energy, the Environment and Natural Resources has heard preliminary views from the following: – Canadian Association of Petroleum Producers – Canadian Chemical Producers’ Association – Canadian Consumer Specialty Products Association – Canadian Environmental Network – Canadian Manufacturers and Exporters – Commissioner of the Environment and Sustainable Development – Environment Canada, Health Canada & Justice Canada – Pollution Probe – Pollution Watch – Sierra Legal Defence Fund – Hon. Charles Caccia, P.C.

• Committee has chosen to examine the successes and shortcomings of CEPA by way of case studies – Mercury, perfluorinated chemicals and air pollution (Smog).

Many of the Government’s issues are being brought forward by others • House Committee list of issues derived from what they heard from others • Most relate to issues Government raised • Unclear how quickly Committees will complete their work