Forward Regulatory Plan 2021 to 2023, Environment and Climate Change Canada, chapter 1

Air emissions and greenhouse gases

Federal Halocarbon Regulations, 2020

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed revised regulations will repeal and replace the current Federal Halocarbon Regulations, 2003.

The Regulations aim to minimize releases of halocarbons to the environment from refrigeration, air conditioning and fire-extinguishing systems that are owned by federal departments, boards and agencies, Crown corporations, or federal works or undertakings; or are located on federal or Aboriginal lands.

The proposed revisions will address administrative, operational and enforcement issues and will affect certain businesses under federal jurisdiction in the refrigeration, air conditioning, and fire extinguishing sectors.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is associated with the department’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed Regulations are expected to result in an overall reduction of administrative burden for regulatees and address compliance and enforcement issues. The proposed Regulations are not expected to impact Canadians or consumers, and no additional costs to government are anticipated as a result of the proposed Regulations.

Consultations

Electronic and face-to-face consultations took place in 2013. Additional consultations regarding the administrative burden of the Federal Halocarbon Regulations, 2003 and its proposed revisions were held in spring 2015.

A second round of electronic consultations on the proposed revisions concluded on December 19, 2017.

The proposed regulations were published in the Canada Gazette, Part I, on November 14, 2020 for a 60-day public comment period.

The publication of the final regulations in the Canada Gazette, Part II, is targeted for fall 2021.

Further information

Further information is available through the Federal Halocarbon Regulations information webpage

ECCC contact

Nicole Folliet
Director, Chemical Production Division
Telephone: 819-420-7708
Fax: 819-938-4218
Email: nicole.folliet@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2014-2016 Forward Regulatory Plan

Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Environment and Climate Change Canada completed the mid-term evaluation of the Regulations and engaged in consultations on whether changes to Canada’s greenhouse gas emission standards for 2022 to 2025 model year light-duty vehicles are required.

Environment and Climate Change Canada will engage in further consultations to inform future standards to further drive low and zero-emission vehicle technologies.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The standards for greenhouse gas emissions from light-duty vehicles of model years 2017 to 2025 were developed in cooperation with the U.S. Environmental Protection Agency.

Potential impacts on Canadians, including businesses

Changes to the regulations have the potential to impact Canadian vehicle manufacturers, parts suppliers, dealers and the general public. The regulated community comprises manufacturers and importers of new light-duty vehicles sold in Canada.

Stringent light-duty vehicle GHG standards result in positive impacts to Canadians including pre-tax fuel savings, reduced refuelling time, additional driving and reduced GHG emissions. They also increase the cost of manufacturing light-duty vehicles, which is passed on directly to consumers purchasing these vehicles.

The additional purchase cost associated with fuel saving technologies is expected to be outweighed by fuel savings. As an example, in the Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations the cost benefit analysis in the Regulatory Impact Analysis Statement predicted fuel savings of approximately 75 billion litres over the lifetime of the 2017 to 2025 model year vehicles. It was estimated that the added costs to these vehicles will be more than offset by fuel savings, with a payback period of between one to three years.

Consultations

The Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations were published in the Canada Gazette, Part II, in October of 2014. In the Regulatory Impact Analysis Statement that accompanied these regulations, the department committed to conduct a Canada-specific mid-term evaluation of the appropriateness of 2022 to 2025 model years’ standards in consultation with Canadian stakeholders.

Environment and Climate Change Canada began consultations on Canada’s mid-term evaluation with the release of a discussion document to solicit views from stakeholders regarding factors to inform Canada’s mid-term evaluation of the 2022 to 2025 model year standards.

Environment and Climate Change Canada assessed the comments and issues raised by stakeholders in response to the discussion paper and released a summary document.

Further analysis and consultations were conducted in 2020 to complete the mid-term evaluation.

The department will engage in additional consultations as it works to align Canada’s Light-Duty Vehicle regulations with the most stringent performance standards in North America post-2025.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Fax: 819-938-4179
Email: stephane.couroux@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-2020 Forward Regulatory Plan Update

Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Environment and Climate Change Canada developed an interim order to correct an error in the formula used to calculate credits for advanced technology vehicles in the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations in the short term and to begin consultations on a regulatory amendment to fix the error permanently.

This order will be renewed as necessary while a regulatory amendment to fix the error permanently is developed.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The standards for greenhouse gas emissions from light-duty vehicles of model years 2017 to 2025 were developed in cooperation with the U.S. Environmental Protection Agency.

Potential impacts on Canadians, including businesses

An interim order corrected the error in the short term to quickly restore the intended level of credits for automobile manufacturers producing advanced technology vehicles.

This order will be renewed as necessary while a regulatory amendment to fix the error permanently is developed.

Consultations

The Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations establish progressively more stringent greenhouse gas emission standards for new light-duty on-road vehicles offered for sale in Canada beginning with the 2011 model year. The regulations were amended in 2014 to maintain alignment with the evolving U.S. standards for the 2017-2025 model years.

The U.S. EPA corrected this error through a regulatory amendment process published on April 23, 2020, as part of the U.S. Final Rule for passenger automobiles.

Since the formula is not incorporated by reference in Canada's regulations, a regulatory amendment process is required to correct the error and maintain alignment with the U.S. Failure to correct this formula would have resulted in some auto manufacturers receiving fewer credits than they should for advanced technology vehicles such as electric vehicles.

Publication in the Canada Gazette Part I is targeted for fall 2021.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Fax: 819-938-4179
Email: stephane.couroux@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-2020 Forward Regulatory Plan Update

Interim Order Modifying the Operation of the Heavy-Duty Vehicle and Engine Greenhouse Gas Emission Regulations (Trailer Standards)

Enabling Act

Canadian Environmental Protection Act, 1999

Description

An interim order was made by the Minister on June 6, 2020, and published in Canada Gazette, Part I, on May 31, 2020, delaying the GHG emission standards for trailers in Canada by one year after the interim order was made, that is until May 18, 2021. The department will proceed with the development of another interim order. Without this additional one-year delay the standards for trailers would come into effect in Canada.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

On May 30, 2018, amendments to the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations were published in the Canada Gazette, Part II. The amendments established more stringent GHG emission standards for on-road heavy-duty vehicles and engines for model years 2021 to 2027. The amendments also introduced new GHG emission standards for trailers manufactured on or after January 1, 2020. The amendments are aligned with the U.S. EPA requirements.

Potential impacts on Canadians, including businesses

The U.S. EPA trailer standards were stayed by a U.S. court in 2017, in response to legal challenges by the U.S. trailer industry. On December 3, 2019, California also published an advisory indicating that California is suspending the enforcement of its GHG standards for new trailers until at least January 1, 2022. In September 2020, as part of the court case, the U.S. Court also stayed the implementation of the U.S. National Highway Traffic Safety Administration (NHTSA) trailer fuel efficiency standards. By issuing this interim order, the trailer GHG regulations will not apply in Canada, maintaining regulatory alignment with the U.S.

Consultations

The Department reached out to stakeholders early 2019 and noted their concerns, specifically they were concerned about adverse economic impacts on trailer manufacturing and trucking if Canada introduced trailer standards while the U.S. did not.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Fax: 819-938-4179
Email: stephane.couroux@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2020-2022 Forward Regulatory Plan

Regulations Amending the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations and Other Regulations Made Under the Canadian Environmental Protection Act, 1999

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The U.S. EPA published a Notice of Proposed Rulemaking on May 12, 2020, that would improve test procedures and are meant to improve the overall accuracy, repeatability and clarity of these test procedures and, in some cases, reduce test burden, while providing an opportunity for housekeeping of the U.S. emissions regulations.

The proposed Amendments would make necessary modifications in the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations and the On-Road Vehicle and Engine Emission Regulations to ensure alignment with the corresponding standards, test procedures, and provisions in the U.S. Code of Federal Regulations (CFR) that were not directly incorporated by reference.

In addition to the changes resulting from the U.S. EPA’s Notice of Proposed Rulemaking, the proposed Amendments would also make modifications to multiple vehicle and engine emission regulations administered by Environment and Climate Change Canada to correct regulatory misalignments with the U.S. EPA such as updating requirements for specific large spark-ignition engines.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

Canada has committed to aligning vehicle and engine emission standards with those of the U.S. EPA.

Potential impacts on Canadians, including businesses

The proposed amendments would modify the affected Canadian regulations to maintain alignment with the U.S. EPA. Failure to proceed with the proposed amendments may fundamentally change the way manufacturers and importers comply with Canada’s regulations. Companies may be prevented from using U.S. EPA certification as evidence of conformity with the regulations and they would need to submit Canada-unique applications for all of their vehicles before being able to import them or sell them (if they were manufactured in Canada). This could stall the sale and import of these vehicles, posing a significant economic risk to the industry.

Consultations

Environment and Climate Change Canada has begun preliminary consultations with the U.S. EPA and with industry.

Pre-publication in the Canada Gazette, Part I is currently targeted for spring 2021.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Fax: 819-938-4179
Email: stephane.couroux@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Zero emission requirements for small-spark ignition engines (e.g., lawn and garden equipment)

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Environment and Climate Change Canada would introduce zero emission standard requirements for equipment 19kW and under. These requirements would be phased in over a period of time, aiming to have all prescribed new equipment zero emissions by 2028.

This regulatory measure follows commitments made in the Canada’s A Healthy Environment and a Healthy Economy plan released in the fall of 2020.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The zero emissions standards for equipment equal to and under 19kw would be developed in consideration of California’s regulatory actions in this regard.

Potential impacts on Canadians, including businesses

Changes to the regulations would have the potential to impact equipment importers, manufacturers, parts suppliers, dealers, and the general public. The regulated community would comprise of manufacturers and importers of new equipment for the purpose of sale in Canada.

These regulations would result in positive environmental benefits due to reduced GHG and air pollutant emissions, and fuel savings.

Consultations

Environment and Climate Change Canada will initiate consultations with stakeholders on the development of the new requirements.

Environment and Climate Change Canada will consult with the EPA and California Air Resources Board along with other federal departments and provinces and territories.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Nathalie Morin

Executive Director, Cross-Sectoral Energy Division

Telephone: 819-420-8047

Email:nathalie.morin4@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Post-2025 regulatory requirements for light-duty vehicle (LDV) manufacturers including measures to increase the supply of zero emission vehicles (ZEVs)

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Regulations amending the existing Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations that would increase the stringency of Canada’s GHG emissions standards for LDVs and increase the availability of zero emission vehicles (ZEVs) over the period 2025-2030, in alignment with the most stringent standards at the U.S. federal or state level, as described in Canada’s “A Healthy Environment and a Healthy Economy” plan.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

Given the integrated nature of the road transport, maritime, and aviation sectors, U.S. and Canada agreed to take aligned and accelerated policy actions, including efforts to achieve a zero-emissions vehicle future.

Potential impacts on Canadians, including businesses

Potential impacts of this regulatory initiative will be addressed and evaluated as consultations progress.

Consultations

Environment and Climate Change Canada will initiate consultations with stakeholders on the development of the new requirements.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Fax: 819-938-4179
Email: stephane.couroux@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Amendments to flexibility provisions in the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The mid-term evaluation of the Regulations determined that changes are required to amend portions that are not aligned to the U.S. Code of Federal Regulations (CFR) via Incorporation by reference.

This regulatory measure follows commitments made in the Canada’s A Healthy Environment and a Healthy Economy plan released in the fall of 2020.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to any issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

Given the integrated nature of the road transport, maritime, and aviation sectors, U.S. and Canada agreed to take aligned and accelerated policy actions, including efforts to achieve a zero-emissions vehicle future.

Potential impacts on Canadians, including businesses

These adjustments to the regulations will permanently correct an error temporarily corrected by an interim order and adjust other flexibility provisions as deemed necessary by the mid-term evaluation.

Consultations

Environment and Climate Change Canada will initiate consultations with stakeholders during the regulatory amendment process.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Fax: 819-938-4179
Email: stephane.couroux@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Post-2025 regulatory requirements for heavy-duty vehicle (HDV) manufacturers and importers

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Regulations amending the existing Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations that would increase the stringency of Canada’s GHG emissions standards for HDVs and increase zero emission vehicles, in alignment with the most stringent standards at the U.S. federal or state level, as described in Canada’s “A Healthy Environment and a Healthy Economy” plan.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

Given the integrated nature of the road transport, maritime, and aviation sectors, U.S. and Canada agreed to take aligned and accelerated policy actions, including efforts to achieve a zero-emissions vehicle future.

Potential impacts on Canadians, including businesses

Potential impacts of this regulatory initiative will be addressed and evaluated as consultations progress.

Consultations

Environment and Climate Change Canada will initiate consultations with stakeholders on the development of the new requirements.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Fax: 819-938-4179
Email: stephane.couroux@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Amendments to the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed amendments would strengthen Canada’s approach to reducing methane emissions from the oil and gas sector by 2030.

This regulatory measure follows commitments made in the Canada’s A Healthy Environment and a Healthy Economy plan released in the fall of 2020.

Standing Joint Committee on the Scrutiny of Regulations

This initiative would not respond to any issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

ECCC will work closely with provincial/territorial representatives and stakeholders.

Potential impacts on Canadians, including businesses

The design of the amended federal regulations will be determined through consultations with provinces, territories, the oil and gas industry and civil society.

Consultations

Environment and Climate Change Canada will initiate consultations with stakeholders on the development of the new requirements.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Magda Little
Director, Oil, Gas and Alternative Energy Division
Telephone: 819-938-4213
Email: magda.little@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Volatile Organic Compounds (VOC) Concentration Limits for Certain Products Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed regulations will establish volatile organic compound (VOC) concentration limits for approximately 130 product categories/sub-categories, including personal care, automotive and household maintenance products; adhesives, adhesive removers, sealants and caulks; and, other miscellaneous products. These products are used by household, institutional and commercial consumers, and contribute to Canadian VOC emissions.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The regulations are intended to align with the California Air Resources Board. Other U.S. states have either adopted the limits established by California or are in the process of moving towards those limits. Therefore, aligning Canada’s regulations with those of California will facilitate alignment across North America and avoid varying requirements across jurisdictions.

Potential impacts on Canadians, including businesses

It is estimated that there will be 1,950 manufacturers and importers potentially affected by the proposed regulations. Key associations whose members will be impacted are the Cosmetics Alliance Canada (CAC), the Canadian Consumer Specialty Products Association (CCSPA), the Adhesive and Sealants Manufacturers Association of Canada (ASMAC), the Canadian Paint and Coatings Association (CPCA), and the Canadian Vehicle Manufacturers' Association (CVMA).

Given that VOC emissions are precursors to ground-level ozone and smog, continued action on the reduction of VOC emissions will generate environmental and health benefits that have positive economic impacts.

The regulations could help to provide a “level playing field” for manufacturers and importers of certain products across North America.

Consultations

A consultation document outlining the regulatory proposal was published in January 2013. A public meeting was also held in February 2013.

The proposed regulations were published in the Canada Gazette, Part I, on July 6, 2019, for a 75-day public comment period. The publication of the final regulations in the Canada Gazette, Part II, is targeted for 2021.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Alex Cavadias
Acting Director, Products Division
Telephone: 819-938-3705
Fax: 819-938-4179
Email: alex.cavadias@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2014-2016 Forward Regulatory Plan

Reduction in the Release of Volatile Organic Compounds from Petroleum Liquid Storage Tanks and Loading Facilities Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed regulations would limit releases of volatile organic compounds (VOCs), from petroleum storage tanks and loading operations.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

These proposed regulations would limit releases of benzene and other volatile organic compounds from liquid petroleum storage and loading operations. Petroleum refineries, upgraders, some petrochemical plants, crude oil and product terminals, bulk plants and marine terminals would be required to meet specified equipment performance and inspection procedures.

Consultations are expected to yield further information to refine the regulatory proposal and support analysis of costs and benefits.

Consultations

The proposed regulations are planned for publication in the Canada Gazette, Part I in 2022 for a 60-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Magda Little
Director, Oil, Gas and Alternative Energy Division
Telephone: 819-938-4213
Email: magda.little@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Equivalency Agreements with interested provincial and territorial governments – Reduction of greenhouse gas emissions

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Under the Canadian Environmental Protection Act, 1999, the federal government may negotiate equivalency agreements with provinces that have regulations that can achieve equal-or-better emission-reduction outcomes to the federal regulations. These agreements establish conditions under which the federal regulations stand down and provincial or territorial regulations apply.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The objective of these equivalency agreements is to avoid regulatory duplication in circumstances when provinces achieve equal-or-better environmental protection outcomes to the federal regulations.

Potential impacts on Canadians, including businesses

The impacts will be assessed on a case-by-case basis.

Consultations

A formal consultation period will be held upon publication of each of the proposed equivalency agreements in the Canada Gazette, Part I.

Publication in the Canada Gazette, Part I, of the revised Order-in-Council and RIAS, is targeted for fall 2021.

Further information

Further information is available through the CEPA Registry – Equivalency Agreements

ECCC contact

Nathalie Morin
Acting Director General, Energy and Transportation Division
Telephone: 819-420-8047
Email: nathalie.morin4@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2018-2020 Forward Regulatory Plan Update

Clean Fuel Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

New regulatory requirements will be developed under CEPA. The proposed Clean Fuel Regulations would require liquid fossil fuel primary suppliers (i.e. producers and importers) to reduce the carbon intensity (CI) of the liquid fossil fuels they produce in and import into Canada. The proposed Regulations would also establish a credit market whereby the annual CI reduction requirement could be met via three main categories of credit-creating actions. The standard will incent the use of lower carbon fuels and technologies, such as electricity, renewable natural gas, hydrogen, and other low-carbon-intensity fuels.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

ECCC is working closely with provincial/territorial colleagues, stakeholders, ENGOs and experts via a number of working groups: a federal/provincial/territorial working group on the Clean Fuel Standard; a federal/provincial/territorial ADM committee; a technical working group which includes provinces and territories, industry, ENGOs and academics; and a broader CFS multi-stakeholder consultative committee. ECCC has been working closely with British Columbia who has the Renewable and Low Carbon Fuel Requirements Regulations in place.

Internationally, ECCC is working closely with California and Oregon who have existing low carbon fuel standards. ECCC is also monitoring the US Renewable Fuel Standard and the European Renewable Energy Directive.

None of the above domestic and international initiatives are under any formal regulatory cooperation work plan, however, in June of 2019, Environment and Climate Change Canada, the California Air Resources Board and the State of California signed a joint Memorandum of Understanding, to advance clean transportation. It is based on a commitment to work together on respective regulations to cut down on greenhouse gas pollution from vehicles, engines and fuels, and includes a plans for collaboration on low carbon fuels and technologies

Potential impacts on Canadians, including businesses

The proposed Clean Fuel Regulations would apply to producers and importers of liquid fossil fuels in Canada. These primary suppliers will have an annual carbon intensity reduction requirement. This will include the volumes of gasoline, diesel fuels, kerosene, light and heavy fuel oils produced at the 16 Canadian oil refineries and upgraders and imported by over 30 liquid fossil fuel importers.

It is estimated that the proposed regulations would result up to 20.6 Mt of GHG emission reductions in 2030.

Consultations

Consultations commenced in January 2017. A discussion paper was published February 24, 2017. A regulatory framework was published in December 2017. A regulatory design paper was published in December 2018, and was followed by the publication of a cost-benefit analysis framework in February 2019. In June 2019, a proposed regulatory approach was published.

The proposed Clean Fuel Regulations were published in the Canada Gazette, Part I for a 75-day public comment period on December 19, 2020. The formal comment period ends March 4, 2021. Publication of final regulations in the Canada Gazette, Part II, is targeted for the fall of 2021. The regulations would come into force upon registration, but the annual reduction requirements will not come into force until December 1, 2022.

Further information

Further information is available through the Clean Fuel Standard webpage.

ECCC contact

Paola Mellow
Executive Director, Clean Fuel Standard Division
Carbon Market Bureau
Telephone: 819-420-7761
Email: paola.mellow@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2017-2019 Forward Regulatory Plan

Order Adding Carbon Dioxide Streams to Schedule 5 of the Canadian Environmental Protection Act, 1999

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Proposals are expected to sequester carbon dioxide in the Cascadia Basin off Vancouver Island. ECCC will require CO2 to be on Schedule 5 of CEPA to consider permitting the activity.

Currently, Schedule 5 of CEPA does not include carbon dioxide, and as a result, seabed sequestration of carbon dioxide, which is a potential tool for use against climate change, cannot be granted a permit, and is prohibited.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

To enable this or similar work, and ensure Canada remains competitive globally and has all available tools for dealing with climate change, CO2 needs to be added to schedule 5 of CEPA.

Consultations

A formal consultation period will be held upon publication of the proposed order in the Canada Gazette, Part I.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Linda Porebski
National Manager, Marine Programs
Environmental Emergencies Division
Telephone: 819-420-7613
Email: linda.porebski@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2020-2022 Forward Regulatory Plan

Canada's Offset System for Greenhouse Gases Regulations

Enabling Act

Greenhouse Gas Pollution Pricing Act

Description

The proposed regulations would allow project proponents to voluntarily generate Greenhouse Gases (GHG) offset credits from approved project-based activities across Canada, which may be used as compliance units under the federal Output-Based Pricing System Regulations made under the Greenhouse Gas Pollution Pricing Act (GGPPA).

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

This regulatory initiative would provide an incentive to undertake approved projects that reduce GHG emissions or enhance GHG removals through activities that are not subject to carbon pollution pricing by allowing for the generation of offset credits. Offset credits could be used as a lower-cost compensation option by facilities subject to the Output-Based Pricing System Regulations, or for other GHG offsetting initiatives. The proposed regulations would not impose compulsory costs or increase administrative burden.

Consultations

The proposed regulations were published in the Canada Gazette, Part I, on March 6, 2021 for a 30-day public comment period. The publication of the final regulations in the Canada Gazette, Part II, is targeted for fall 2021.

Further information

Information about the proposed Federal GHG Offset System can be found here.

Further information on the federal OBPS can be found here.

ECCC contact

Jackie Mercer
Manager, Offsets & Emissions Trading Section
Telephone: 819-938-5424
Email: jackie.mercer@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2020-2022 Forward Regulatory Plan

Regulations Amending the Output-Based Pricing Systems Regulations

Enabling Act

Greenhouse Gas Pollution Pricing Act

Description

Minor changes to the Output-Based Pricing System Regulations to improve clarity and facilitate implementation.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

Changes are to improve clarity and facilitate implementation of the Regulations. The proposed Regulations are not expected to impact Canadians or consumers, and no additional costs to government are anticipated as a result of the proposed Regulations.

Consultations

The Department is targeting publication of the proposed regulations in the Canada Gazette, Part I, in 2021 for a 30-day public comment period.

Further information

Further information on the OBPS can be found here.

ECCC contact

Katherine Teeple
Director, Industrial Greenhouse Gas Emissions Management
Telephone: 819-938-5721
Email: katherine.teeple@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2020-2022 Forward Regulatory Plan

Order Amending Part 2 of Schedule 1 to the Greenhouse Gas Pollution Pricing Act

Enabling Act

Greenhouse Gas Pollution Pricing Act

Description

This order would delete the name of Ontario and New Brunswick from Part 2 of Schedule 1 to the Greenhouse Gas Pollution Pricing Act. This is necessary because on September 20, 2020, the Minister of the Environment and Climate Change informed the Governments of Ontario and New Brunswick that their carbon pollution pricing systems for industrial facilities meet the federal government’s minimum stringency benchmark requirements for pricing carbon pollution for the sources that they cover.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The carbon pollution pricing systems for industrial facilities in Ontario and New Brunswick meet the federal government’s minimum stringency benchmark requirements for pricing carbon pollution for the sources that they cover.

Potential impacts of this regulatory initiative will be addressed and evaluated as consultations progress.

Consultations

Given it has already been announced that the carbon pollution pricing system for industrial facilities in Ontario and New Brunswick meet the federal government’s minimum stringency benchmark requirements, no proactive consultations will be undertaken on this Order to formalize that announcement. Final publication in the Canada Gazette, Part II, is targeted for fall 2021.

Further information

Further information on the OBPS can be found here.

ECCC contact

Katherine Teeple
Director, Industrial Greenhouse Gas Emissions Management
Telephone: 819-938-5721
Email: katherine.teeple@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Order Amending Schedule 3 to the Greenhouse Gas Pollution Pricing Act

Enabling Act

Greenhouse Gas Pollution Pricing Act

Description

Changes to certain global warming potentials (GWP) listed in Schedule 3 to the Greenhouse Gas Pollution Pricing Act to adopt the GWPs from the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC). This is necessary to maintain alignment with the National Inventory Report (NIR).

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

This is a technical change with minimal impact on the regulated community. This change is not expected to impact Canadians or consumers, and no additional costs to government are anticipated as a result of this order.

Consultations

Consultations will be held, as appropriate.

Further information

Further information on the OBPS can be found here.

ECCC contact

Katherine Teeple
Director, Industrial Greenhouse Gas Emissions Management
Telephone: 819-938-5721
Email: katherine.teeple@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Order Amending Schedule 4 to the Greenhouse Gas Pollution Pricing Act

Enabling Act

Greenhouse Gas Pollution Pricing Act

Description

Updates to Schedule 4 to the Greenhouse Gas Pollution Pricing Act to set the price of the excess emissions charge for 2023 and after. This is necessary to implement the government’s commitments made in the Canada’s A Healthy Environment and a Healthy Economy plan released in the fall of 2020 to increase the carbon price through to 2030.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The Government proposes to increase the carbon price through to 2030. The federal carbon pricing system is revenue neutral.

Potential impacts of this regulatory initiative will be addressed and evaluated as consultations progress.

Consultations

The Government of Canada will engage provincial and territorial governments, as well as Indigenous peoples, on the proposal to increase the carbon price. Further consultations will be held, as appropriate.

Further information

Further information on the OBPS can be found here.

ECCC contact

Katherine Teeple
Director, Industrial Greenhouse Gas Emissions Management
Telephone: 819-938-5721
Email: katherine.teeple@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Regulations Amending the Output-Based Pricing Systems Regulations

Enabling Act

Greenhouse Gas Pollution Pricing Act

Description

The Regulatory Impact Analysis Statement for the Output-Based Pricing System Regulations committed to a review of the Regulations in 2022. These amendments would implement the changes identified through this review.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

Potential impacts of this regulatory initiative will be addressed and evaluated as consultations progress.

Consultations

Environment and Climate Change Canada intends to begin pre-consultations with key stakeholders in 2021. Review of the Output-Based Pricing System Regulations launched in winter 2021 with publication of a paper outlining the proposed scope of the review. A formal consultation period will be held upon publication of the proposed amendments in the Canada Gazette, Part I.

Further information

Further information on the OBPS can be found here.

ECCC contact

Katherine Teeple
Director, Industrial Greenhouse Gas Emissions Management
Telephone: 819-938-5721
Email: katherine.teeple@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Regulations to Reduce Landfill Methane Emissions

Enabling Act

Canadian Environmental Protection Act, 1999

Description

New regulations would require some municipal solid waste landfills to reduce methane emissions.

This regulatory measure follows commitments made in the Canada’s A Healthy Environment and a Healthy Economy plan released in the fall of 2020.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

ECCC will work closely with provincial/territorial representatives, stakeholders, ENGOs and experts.

Potential impacts on Canadians, including businesses

The regulations aim to deliver an ambitious but achievable annual GHG reduction through implementation of existing technologies and best management practices.

Consultations

The Department is targeting publication of the proposed Regulations in the Canada Gazette, Part I, in fall 2022.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Matthew Hamilton
Manager, Waste and GHG Emissions,
Waste Reduction and Management Division
Telephone: 613-853-7422
Email: matthew.hamilton@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Consult Environment and Climate Change Canada’s acts and regulations web page for:

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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