Forward Regulatory Plan 2023 to 2025, Environment and Climate Change Canada (ECCC), chapter 1

Air pollutants and greenhouse gases emissions

Regulations Amending the Output-Based Pricing System 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

The Output-Based Pricing System (OBPS) is designed to provide a financial incentive to encourage industrial emitters to reduce their greenhouse gas emissions and stimulate innovation while mitigating risks of carbon pricing and adverse competitiveness impacts for industrial sectors.

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

Consultations

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 consultation paper was published in December 2021 to describe the proposed amendments.

A formal consultation period of 60 days was held from October 29 to December 28, 2022, following publication of the proposed amendments in the Canada Gazette, Part I, on October 29, 2022.

Publication of the final amendments in the Canada Gazette, Part II, is targeted for fall 2023.

Further information

Further information on the output-based pricing system.

ECCC contact

Katherine Teeple
Executive Director, Industrial Greenhouse Gas Emissions Management
Telephone: 613-883-1378
Email: katherine.teeple@ec.gc.ca

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

2021-2023 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 for carbon dioxide (CO2) sequestration projects are expected for the Cascadia Basin off Vancouver Island. ECCC will require CO2 to be on Schedule 5 of Canadian Environmental Protection Act, 1999 (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. More CO2 sequestration projects are expected in the future in alignment with the Government of Canada commitments on Climate Change.

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

Publication of the proposed order in the Canada Gazette, Part I, is targeted for winter 2024. 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

David Taillefer
A/National Manager, Antarctic and Marine
Email: david.taillefer@ec.gc.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 by the Prime Minister at the United Nations Climate Change Conference in November 2021 (COP26), highlighted in the Minister of Environment and Climate Change Canada’s 2021 Mandate Letter, and Canada’s 2030 Emissions Reduction Plan to reduce oil and gas methane emissions by at least 75% by 2030 from 2012 levels.

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 with the U.S. Environmental Protection Agency under the Canada-U.S. Air Quality Agreement and other fora.

Potential impacts on Canadians, including businesses

Impacts will be assessed during the regulatory development process.

Consultations

The design of the amended federal regulations will be determined through consultations with provinces, territories, the oil and gas industry, and civil society. ECCC initiated consultation with stakeholders on the development of the new requirements in March 2022.

The proposed amendments are planned for publication in the Canada Gazette, Part I, in fall 2023 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@ec.gc.ca

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

2021-2023 Forward Regulatory Plan

Reduction in the Release of Volatile Organic Compounds from Petroleum Liquid Storage Tanks and Transfer Operations 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)

ECCC will work closely with provincial/territorial representatives.

Potential impacts on Canadians, including businesses

These proposed regulations would limit releases of carcinogenic benzene and other VOCs from liquid petroleum storage and transfer (loading/unloading) operations. Petroleum refineries, upgraders, some petrochemical facilities, crude oil and product terminals, bulk plants, and marine terminals would be required to meet specified equipment performance and inspection procedures.

Consultations

The proposed regulations are planned for publication in the Canada Gazette, Part I, in fall 2023 or winter 2024 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@ec.gc.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 (for example, lawn and garden equipment)

Enabling Act

Canadian Environmental Protection Act, 1999

Description

ECCC would introduce zero-emission standard requirements for some small-spark ignition equipment 19kW and under. These requirements would be phased in over a period of time, aiming to have prescribed new equipment zero-emission before 2030.

This regulatory measure follows commitments made in the Government of Canada’s 2030 Emissions Reduction Plan, published in March 2022.

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-emission standards for equipment equal to and under 19kw would be developed in consideration of California’s regulatory actions in this regard, and Canadian climate and use of these machines.

Potential impacts on Canadians, including businesses

Changes to the regulations would have the potential to impact equipment importers, manufacturers, parts suppliers, dealers, commercial use of these machines and use of these machines by the general public.

These regulations would result in positive environmental and human health benefits due to reduced greenhouse gases and air pollutant emissions, and fuel savings.

Consultations

In 2023 or 2024, ECCC plans to seek views from stakeholders and Indigenous organizations on a discussion paper in order to inform the development of the amended regulations.

ECCC will also consult with the U.S. Environmental Protection Agency and California Air Resources Board along with other federal departments, provinces, and territories.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Grant Hogg
Executive Director, Cross-Sectoral Energy Division
Telephone: 819-635-4359
Email: Grant.Hogg@ec.gc.ca

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

2021-2023 Forward Regulatory Plan

New Order related to the Nova Scotia Coal-fired Electricity Equivalency Agreement

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Under the Canadian Environmental Protection Act, 1999 (CEPA), 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.

Nova Scotia has an equivalency agreement under CEPA that does not have an expiry clause in the Order that stands down the Federal Regulations.

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 addition of the expiry clause is expected to generate regulatory certainty and ensure that the new Order is consistent with other orders under Section 10 of CEPA. There are no administrative or compliance costs associated with the new Order. The new Order will add the expiry clause and not affect the existing Equivalency Agreement with Nova Scotia.

Consultations

The proposed Order Declaring that the Provisions of the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations Do Not Apply in Nova Scotia was published on May 7, 2022, in the Canada Gazette, Part I, for a 60-day public comment period. The publication of the final order in the Canada Gazette, Part II, is targeted for winter 2024.

Further information

Further information on existing equivalency agreements under CEPA is available through the CEPA Registry – Equivalency Agreements.

ECCC contact

Karishma Boroowa
Director, Electricity and Combustion Division
Telephone: 873-354-5764
Email: karishma.boroowa@ec.gc.ca

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

2022-2024 Forward Regulatory Plan

Clean Electricity Regulations in support of a net-zero electricity sector

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The Government of Canada is taking further action to reduce greenhouse gas (GHG) emissions in the form of CO2 from the generation of electricity in order to put in place by 2035 the rules needed to achieve a net-zero electricity sector (NZ2035). The transition to a net-zero grid by 2035 will involve multiple measures and jurisdictions working together. Developing Clean Electricity Regulations (CER) under the Canadian Environmental Protection Act, 1999 will be a key part of this suite of measures. The proposed CER will build on existing electricity sector regulations for coal- and new natural gas-fired generation. Changes to the Output-Based Pricing System would be required, but will follow later as a separate initiative.

This regulatory measure follows commitments made in the 2021 Speech from the Throne, in the Minister of Environment and Climate Change Canada’s 2021 Mandate Letter, and in the Prime Minister’s speech at the 2021 United Nations Climate Change Conference (COP26).

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 representatives.

Potential impacts on Canadians, including businesses

The proposed CER would phase out almost all Canadian fossil fuel-powered electricity generation. Plans to phase out coal-fired generation by 2030 exist already, but natural gas provides nearly 10% of Canada’s current electricity generation while being responsible for nearly one third of GHG emissions from the Canadian electricity sector.

Consultations

Environment and Climate Change Canada initiated engagement in March 2022 with provinces and territories, Indigenous partners, the electricity sector, non-governmental organizations, and academics on the development of the Clean Electricity Regulations via webinars, bilateral meetings, and publications on Canada.ca.

A discussion paper on the CER was published on March 15, 2022 for public comments. A Proposed Frame for the Clean Electricity Regulations (CER) was published on July 22, 2022, for public comment. Public webinars were organized. Bilateral engagement with key interested parties is on-going. The proposed regulations were published in the Canada Gazette, Part I, in August 2023.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Karishma Boroowa
Director, Electricity and Combustion Division
Telephone: 873-354-5764
Email: karishma.boroowa@ec.gc.ca

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

2022-2024 Forward Regulatory Plan

Amendments to two Regulations to include updated Continuous Monitoring of Gaseous Emissions Protocol PG/7

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Under these proposed amendments, the following regulations will need to be amended in order to reference the new Protocols and Performance Specifications for Continuous Monitoring of Gaseous Emissions from Thermal Power Generation (EPS 1/PG/7 hereinafter PG/7).

Regulations that will be amended are:

  • Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations (SOR/2018-167) and
  • Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity (SOR/2018-261)

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)

Environment and Climate Change Canada (ECCC) will work closely with provincial/territorial representatives.

Potential impacts on Canadians, including businesses

Changes to these regulations have potential for reducing the reporting burden on those regulated through use of a unified Protocol on Continuous Monitoring of Gaseous Emissions. Subject regulatees, within electricity and other covered sectors, will be able to use a common Protocol to monitor their SO2, NOx, and CO2 emissions. The new Protocol also allows for use of latest monitoring technologies in the market.

Consultations

ECCC has initiated consultations with stakeholders and provinces and territories through a publication in the CEPA registry to solicit public comments on the draft updated Protocols (120 days). The final Protocol was published on the CEPA Registry in summer 2023. Consultations on the regulatory changes are expected to take place in 2023. Publication of the draft regulations in the Canada Gazette, Part I, is targeted for late 2023 or winter 2024.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Karishma Boroowa
Director, Electricity and Combustion Division
Telephone: 873-354-5764
Email: karishma.boroowa@ec.gc.ca

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

2022-2024 Forward Regulatory Plan

Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Two sets of regulatory amendments are anticipated.

The first set of amendments would introduce new requirements to ensure that the fleet of new light-duty vehicles offered for sale in Canada meets specified annual targets of zero-emission vehicles (ZEVs). These ZEV sales targets would begin with model year 2026 and reach full stringency in 2035, as per the 2030 Emission Reduction Plan. The amendments would also align with certain U.S. EPA flexibilities to the pre-2026 model year fleet average and fix provisions in the current version of the Regulations.

The proposed Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (PALTGGER) were published in the Canada Gazette, Part I, on December 31, 2022. 

The second set of amendments would increase the stringency of Canada’s greenhouse gas (GHG) emission standards for the post-2026 model years in alignment with the most stringent standards at the U.S. federal or state level, as described in Canada’s 2030 Emissions Reduction Plan. The U.S. EPA released a Notice of Proposed Rulemaking (NPRM) on April 12, 2023, with new GHG standards for model years 2027 and later. The proposed standards are considered the most stringent GHG standards in North America. Work to amend the Canadian regulations to align with these new US standards is underway. 

The process to initiate the second set of regulatory amendments would be initiated in late 2023.

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 road transport, the U.S. and Canada have agreed to take aligned and accelerated policy actions, including efforts to achieve a zero-emission vehicle future. Amendments to PALTGGER would implement new ZEV requirements, in addition to continuing with GHG performance standards. While Canada and the U.S. are taking slightly different approaches, both are pursuing regulatory approaches that will achieve the same objective of reducing GHG emissions in the transportation sector through increasing ZEV uptake.

The standards for GHG emissions from light-duty vehicles of model years 2017 to 2025 were developed in cooperation with the U.S. EPA.

Under the Strengthened Climate Plan, Canada has committed to aligning vehicle and engine emission standards with the most ambitious North American standards which would be those of the U.S. EPA. In 2020 and in 2021, the U.S. published a final GHG Rule for model years up to 2026 and Canada is proposing to align with some of those changes.

Canada intends to continue collaborative work with the U.S. EPA to increase the stringency of emission standards for model years 2027 and beyond.

Potential impacts on Canadians, including businesses

More ambitious GHG standards, as well as the new ZEV sales mandate, are expected to have greater impacts on the automotive industry. These impacts will be assessed and described as part of the regulatory development process.

Consultations

The proposed Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations, introducing new ZEV requirements and modifying administrative provisions up to model year 2026, were published in the Canada Gazette, Part I, on December 31, 2022. A 75-day consultation period ended on March 16, 2023.

The final regulations are expected to be published in the Canada Gazette, Part II, before the end of 2023 or winter 2024.

Consultations on post-2026 emission standards will begin later in 2023. The Department intends to engage with stakeholders on the development of post-2026 amendments to align with the U.S. most stringent emissions standards. The U.S EPA published its Notice of Proposed Rulemaking on April 12th, 2023. The Department is working in collaboration with U.S. EPA on post-2026 regulations and the U.S. EPA announced its intention to publish a Final Rule in 2024.

Interim order

An Interim Order Modifying the PALTGGER (the third Interim Order) was issued by the Minister of Environment and Climate Change Canada on July 4, 2022 and published in Canada Gazette, Part I, on July 23, 2022. The purpose of the third Interim Order, made pursuant to subsection 163(1) of the Canadian Environmental Protection Act, 1999, is to correct the multiplier formula used to determine CO2 equivalent emission credits for advanced technology vehicles (ATVs) found in the PALTGGER for an additional year to provide time for ECCC to complete the development of a regulatory amendment that is needed to permanently correct the formula. U.S. EPA corrected this error in 2020; however, the formula is not incorporated by reference in PALTGGER. Without this third Interim Order, some companies would not receive the full number of credits for advanced technology vehicles for model year 2021. The Interim Order does not affect any other provisions of the Regulations. A new interim order would be issued only if the amendments to the Regulations are not finalized by end of 2023.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Email: stephane.couroux@ec.gc.ca

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

2021-2023 Forward Regulatory Plan

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 March 13, 2023, and published in Canada Gazette, Part I, on April 1, 2023, delaying the greenhouse gas (GHG) emission standards for trailers in Canada by one year – March 13, 2024. Without this additional one-year delay, the standards for trailers would come into effect in Canada. The Department continues to monitor this file closely.

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, in alignment with the U.S., 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 U.S. Environmental Protection Agency trailer standards were stayed by a U.S. court in 2017 and vacated in 2021.

Given the integrated nature of the North American market, this interim order is necessary to maintain alignment.

Potential impacts on Canadians, including businesses

The Department completed an economic analysis that indicated that most Canadian trailer manufacturers would be at an economic disadvantage if trailer standards were only introduced in Canada. The Department will update its past analysis to reflect any new developments.

Consultations

The Department reached out to stakeholders early 2019 and noted their concerns. The Department continues to engage with the Canadian trailer manufacturing and trucking industry on a regular basis. The Department is committed to ongoing consultation with all stakeholders, thoroughly considering the relevant issues raised, and communicating decisions with respect to the trailer standards in a timely manner.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Email: stephane.couroux@ec.gc.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 manufacturers and importers

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Regulations amending the existing On-Road Vehicle and Engine Emission Regulations and Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations that would increase the stringency of Canada’s air pollutant and greenhouse gas emission standards for heavy-duty vehicles and would also prescribe zero-emission vehicle targets for some sub-classes, in alignment with the most stringent standards at the U.S. federal or state level, as described in Canada’s 2030 Emissions Reduction 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, the U.S. and Canada agreed to take aligned and accelerated policy actions, including efforts to achieve a zero-emission vehicle future. In addition, ECCC intends to engage with stakeholders, including industry, provinces and territories, Indigenous partners, and civil society.

Potential impacts on Canadians, including businesses

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

Consultations

ECCC initiated consultations with stakeholders on the development of the new requirements. A Discussion paper on heavy-duty vehicles and engines in Canada: transitioning to a zero-emission future was published in December 2021. Further documentation will be published in the CEPA Registry.

Publication of proposed amendments in the Canada Gazette, Part I, is targeted for mid-2024.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stéphane Couroux
Director, Transportation Division
Telephone: 819-420-8020
Email: stephane.couroux@ec.gc.ca

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

2021-2023 Forward Regulatory Plan

Regulations to Cap and Reduce Greenhouse Gas Emissions from the Oil and Gas Sector

Enabling Act

Canadian Environmental Protection Act, 1999 or the Greenhouse Gas Pollution Pricing Act

Description

In 2021, Canada committed to cap and reduce greenhouse gas (GHG) emissions from the oil and gas sector at a pace and scale needed to contribute to Canada’s 2030 climate goals and achieve net-zero emissions by 2050. The Government of Canada proposes to implement the oil and gas emissions cap through a regulatory, market-based approach. The Government is currently exploring options to implement the cap. The regulatory approach will differ depending on the option selected.

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 details of how best to design and implement a cap will require close collaboration with industry, provinces and territories, Indigenous partners, and civil society.

Potential impacts on Canadians, including businesses

The emissions cap is expected to reduce GHG emissions from the oil and gas sector while sending a clear, long-term policy signal for industry to invest in clean technology. Consultations are expected to yield further information to develop a regulatory proposal and support analysis of costs and benefits.

Consultations

On July 18, 2022, the Government of Canada published a discussion paper to launch formal engagement on potential regulatory options to cap and reduce oil and gas sector GHG emissions. Details of the regulatory framework are targeted for release by December 2023, followed by development of draft regulations.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Katherine Teeple
Executive Director, Industrial Greenhouse Gas Emissions Management
Telephone: 613-883-1378
Email: katherine.teeple@ec.gc.ca

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

2022-2024 Forward Regulatory Plan (Update)

Proposed Regulations Repealing the Secondary Lead Smelter Release Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed Regulations would repeal the current Secondary Lead Smelter Release Regulations (SLSRR).

The SLSRR, published in 1976, limit the concentration of particulate matter containing lead emitted into the ambient air from defined sources within a secondary lead smelting facility. The SLSRR are outdated regulations with enforcement issues and only apply to six facilities that are all compliant. In addition, these facilities are also compliant with provincial or municipal requirements that are more stringent than the SLSRR.

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

The review of the SLSRR was completed in 2022 as part of the regulatory stock review plan 2019-2029. Further information is available through the Regulatory stock review plan 2019 to 2029: Environment and Climate Change Canada webpage.

Regulatory cooperation efforts (domestic and international)

As part of the 2019 to 2021 review, there were opportunities to connect with provinces/municipalities to ensure an understanding of their instruments related to the Canadian secondary lead sector.

This initiative does not require international regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

The proposed regulations are not expected to impact Canadians or consumers, and no additional costs to government are anticipated.

Consultations

Pre-consultations were held in winter 2023.

The proposed regulations repealing the SLSRR were published in Canada Gazette, Part I, in fall 2023 for a 60-day public comment period.

Further information

Further information is available through the Secondary Lead Smelter Release Regulations webpage.

ECCC contact

Nancy Seymour
Manager, Mining Section
Telephone: 613-698-2384
Email: nancy.seymour@ec.gc.ca

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

2022-2024 Forward Regulatory Plan

Regulations to Reduce Landfill Methane Emissions

Enabling Act

Canadian Environmental Protection Act, 1999

Description

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

This regulatory measure follows commitments made in Canada’s 2030 Emissions Reduction Plan, published in March 2022.

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.

Potential impacts on Canadians, including businesses

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

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

Consultations

ECCC published a discussion paper in January 2022 and held consultations between January 2022 and April 2022. The paper proposed a number of objectives for consideration that would guide the elaboration of the new regulations. In September 2022, a technical working group (TWG) was formed – with members including provinces, territories, municipalities, private sector, academic and non-governmental organizations – to support in-depth discussions on potential elements of the federal regulations. Consultation meetings with the TWG were held during fall 2022 and winter 2023.

The Department is targeting publication of the proposed Regulations in the Canada Gazette, Part I, in 2024.

Further information

Additional information may be obtained from the departmental contact below.

ECCC contact

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

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

2021-2023 Forward Regulatory Plan

Regulations Amending the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations have been in effect since September 2009. The regulations set maximum VOC concentration limits for 53 categories of architectural coatings.

Since the regulations were published, more stringent VOC concentration limits have been established across a range of coatings categories, in various jurisdictions in the U.S.

These amendments would update VOC concentration limits for a number of coating categories and help clarify the regulations.

The stock review exercise initiated for these regulations has identified additional changes required to strengthen their effectiveness and performance.

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

The initiative is associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

These regulatory amendments will further align the regulations with leading North American requirements.

Potential impacts on Canadians, including businesses

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.

Changes to the regulations have the potential to impact Canadian architectural coating manufacturers and importers as the reformulation of certain products will be necessary to meet the reduced VOC concentration limits. Some of these costs could be passed on to Canadian consumers.

Consultations

A consultation document outlining the regulatory proposal was published on October 17, 2022, for a 90-day public comment period.

The Department is targeting publication of the proposed regulations in the Canada Gazette, Part I, in 2024.      

Further information

Additional information may be obtained using the contact below.

ECCC contact

Matt LeBrun
Director, Products Division
Telephone: 819-938-4483
Email: matt.lebrun@ec.gc.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:

  • a list of acts and regulations administered by Environment and Climate Change Canada
  • further information on the department’s implementation of government-wide regulatory management initiatives

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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