Transcript Slide 1

Canadian Environmental
Protection Act, 1999
Update on Preparations for
the CEPA 1999 Parliamentary Review
September, 2005
Presentation to the Canadian Bar Association
by
Environment Canada & Health Canada
1
Outline of the Presentation
• CEPA 1999 – overview of the legislation &
review process
• What EC and HC have done to prepare for the
review
• Results of the preparations and preliminary
implications
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Broad environmental legislation
• A major federal legislative tool to protect the
health of Canadians and their environment
through pollution prevention
• Act jointly managed by the Ministers of
Environment and Health:
– Contributes to sustainable development
– Promotes coordinated action
– Manages risks from harmful substances
• Builds on, strengthens earlier CEPA
CEPA 1999… what it is
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Areas of management
CEPA 1999’s reach is comprehensive…
 Existing (pre-1987) and new substances
 Products of biotechnology
 Disposal at sea, protection of marine environment
 Fuels and engine emissions
CEPA 1999… what it does
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Areas of management
CEPA 1999 reach is comprehensive…
 Hazardous waste
 Canadian sources of international air and water pollution
 Environmental emergencies
 Environmental protection of federal and Aboriginal lands
CEPA 1999… what it does
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Parliamentary review
– Act calls for review every five years
– May cover operations and/or provisions of the Act
– Government responds to review recommendations
– Any resulting revisions likely to not come into
effect until 2008 or later
CEPA 1999…What is next
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Phases of the Review
20042005
Phase 1: Preparations for Parliamentary Review (WE ARE HERE)
2005
Phase 2: Review of the Act by the Standing Committee on Environment
and Sustainable Development
• April 5, 2005 motion assigning work to the Standing Committee on the
Environment and Sustainable Development
2006
Phase 3: Government Response
• Parliamentary Committee presents their report with recommendations (up
to one year after commencement of review)
• Government Response to Committee Report prepared within 120 calendar
days of Committee Report
(estimated)
2007
(estimated)
2008
Phase 4: Bill Phase
• Draft legislative amendments
• Through House of Commons and Senate
Royal Assent and Proclamation of amended or new CEPA if required
(estimated)
CEPA 1999…What is next
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Major Changes from the Last Review
• The last Parliamentary review resulted in a new Act that introduced several
significant changes:
– Establish and maintain an Environmental Registry
– Categorize the 23000 substances on the DSL within 7 years of Royal
Assent (September 2006)
– Take preventive or control actions within a 42-month time period for most
substances added to Schedule 1 of the Act
– May require persons to prepare and implement pollution prevention plans
– May issue Environmental Protection Compliance Orders
– May use Environmental Protection Alternative Measures as a post-charge
diversion scheme
– Can 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. 1 person instead of 2 can ask for
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investigation by Minister, Environmental Protection Action)
CEPA 1999…What is next
Purpose of EC’s and HC’s preparations
• Work undertaken to prepare for the Standing Committee’s
review
• Standing Committee determines both the start date and the
scope of the review
• EC’s & HC’s preparations include:
– Internal analysis of how legislation is affecting programs
– Commissioning external evaluations of implementation of
the Act
– Conducting broad-based stakeholder consultations:
• public workshops in six cities across Canada
• web-based stakeholder consultations
CEPA 1999…What is next
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What we heard during the consultation
process:
• More effective implementation will address many
of their concerns
• Some issues may need a legislative change to be
resolved
• Concern Review may distract from implementation
• Resources to deliver the Act are inadequate
• Need greater clarity to manage risks over full life
cycle of products
• Emerging issues such as biotech and nanotech
create Government-wide governance challenges
CEPA 1999…What is next
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What we heard during the consultation
process:
1.
National Collaboration:
•
Use CEPA for setting and implementing national
environmental standards
•
Can consider using a non-CEPA mechanism to
manage, if more timely and effective provided that:
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CEPA establishes a transparent process
Ministers establish clear targets and consequences for failure
to deliver
Ministers are accountable and can respond quickly where
other measures do not meet targets
Need to ensure and facilitate effective and timely
dialogue with aboriginal and municipal governments
CEPA 1999…What is next
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What we heard during the consultation
process:
2.
Compliance and compliance promotion:
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Improve enforcement of the Act
Comfort with the comprehensive enforcement powers in Act
More outreach needed, especially to small & medium size
businesses
Need clarity on how federal laws interact
3.
Using flexible “tools” for pollution prevention:
•
Some CEPA regulatory authorities in CEPA too blunt to provide
targeted backstops
Risk managers need access to large “tool box” and should use
which supports the “best situated to act”
More consistent application of the precautionary approach
Expand and optimize use of economic instruments:
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Provide more incentives and disincentives
Better application of polluter pays principle
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CEPA 1999…What is next
What we heard during the consultation
process:
4. Transparency and public participation
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Information provided to public should be in plain language
Need to ensure public is aware of participation opportunities and
that they are accessible
Results of public participation must have direct value to
government decision making
Schedule 1 – “List of Toxic Substances” needs more context:
– The short-hand use of the term “toxic” has caused confusion
– Each Listed substance needs clearer info regarding its risks
5. International collaboration:
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Share science and risk assessment activities
Pursue international solutions to issues that cannot be
addressed unilaterally (products, hazardous waste, etc.)
Align with US and other OECD when it will protect health and
environment and also facilitate economic goals
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CEPA 1999…What is next
What we heard during the consultation
process:
6.
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Sound science and informed decision-making:
Reinstate State of the Environment Reporting and add State of Health
Reporting
NPRI:
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Simplify administrative requirements for reporters
–
Users need
• More assurance that data are reliable
• more context to help interpret significance of data
–
Departments must use NPRI data to help shape policies
Biomonitoring important, as is consideration of vulnerable populations
Set priorities and group substances for risks assessments to
enable:
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Consideration of risks of alternatives/substitutes
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Taking a multi-pollutant, sectoral approach
–
Expedite the process
CEPA 1999…What is next
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Moving forward…
• CEPA 1999’s basic architecture is sound
• Review represents opportunity to make a good Act better
• Past five years have been spent putting in place many
significant elements of CEPA 1999 and results are now
emerging (e.g., DSL categorization; use of P2 planning,
etc.)
• Some challenges identified during departmental
preparations and by departmental evaluations can be
addressed through improved implementation
• Legislative changes may need to be considered for other
challenges
CEPA 1999…What is next
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