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Canadian Environmental Protection Act, 1999

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. Outline of the Presentation.

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Canadian Environmental Protection Act, 1999

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  1. Canadian Environmental Protection Act, 1999 Update on Preparations for the CEPA 1999Parliamentary Review September, 2005 Presentation to the Canadian Bar Association by Environment Canada & Health Canada

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Phases of the Review CEPA 1999…What is next

  8. 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 investigation by Minister, Environmental Protection Action) CEPA 1999…What is next

  9. 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

  10. 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

  11. What we heard during the consultation process: • 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: • 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

  12. What we heard during the consultation process: • Compliance and compliance promotion: • 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 • 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: • Provide more incentives and disincentives • Better application of polluter pays principle CEPA 1999…What is next

  13. What we heard during the consultation process: • Transparency and public participation • 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 • International collaboration: • 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 CEPA 1999…What is next

  14. What we heard during the consultation process: • Sound science and informed decision-making: • Reinstate State of the Environment Reporting and add State of Health Reporting • NPRI: • 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: • Consideration of risks of alternatives/substitutes • Taking a multi-pollutant, sectoral approach • Expedite the process CEPA 1999…What is next

  15. 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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