Forward Regulatory Plan 2024 to 2026, Environment and Climate Change Canada (ECCC), chapter 1

Enabling Act

Greenhouse Gas Pollution Pricing Act

Description

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.

The Regulatory Impact Analysis Statement for the 2023 amendment to the Output-Based Pricing System Regulations committed to a review of the Regulations by 2026. 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 regulatory development progresses.

Consultations

ECCC plans to seek views from stakeholders to inform the development of the proposed amendments.

Pre-publication of the proposed amendments in the Canada Gazette, Part I, is targeted for 2025 at the earliest. Formal consultations are planned for 2025.

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

2024-2026 Forward Regulatory Plan

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. As a result, seabed sequestration of carbon dioxide, which is a potential tool for use against climate change, is prohibited and cannot be granted a permit. Global interest in ocean CO₂ sequestration projects is expected to grow.

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 will allow Canada to be aligned with the London Protocol on the Prevention of Marine Pollution, which was amended to enable the storage of carbon dioxide streams in sub-seabed formations.

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 2025. 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

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The final 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 in 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 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 and Health Canada 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 were assessed during the regulatory development process.

The RIAS published with the draft amendments estimated that they would contribute more than 17 Mt of greenhouse gases (GHG) emission reductions in 2030, and about 217 Mt of GHG emission reductions from 2027 to 2040 (expressed as CO₂e).

The RIAS also estimated that the draft regulations would cost industry $15.4 billion to comply with, and the average cost per tonne about $71 over the timeframe of analysis. This is significantly less than the Department’s updated social cost of carbon, which is $273 per tonne in 2022.

These estimates will be updated in the RIAS that will accompany the final version of the regulations.

Consultations

The final design of the regulations was informed by 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 were published in the Canada Gazette, Part I, on December 16, 2023, for a 60-day public comment period. The final regulations are expected to be published in the Canada Gazette, Part II, in early 2025.

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

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The final regulations will 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

The regulations will limit releases of carcinogenic benzene and other VOCs from liquid petroleum storage and loading operations. Petroleum refineries, upgraders, petrochemical facilities, crude oil and product terminals, and some bulk plants would be required to meet specified equipment performance and inspection procedures. Impacts are being assessed during the regulatory development process.

The regulations will align with requirements already in place in some provinces and municipalities, and with national requirements in place in the U.S. since the 1980s.

According to the Regulatory Impact Analysis Statement published with the draft regulations in February 2024, the proposed regulations would reduce emissions of VOCs by approximately 494 kilotonnes over the first 22 years, resulting in significant air quality and health benefits for Canadians, including a number of Indigenous communities disproportionately impacted by air pollution, with $1.43 billion in quantified benefits, and $1.09 billion in estimated costs.

Consultations

The proposed regulations were published in the Canada Gazette, Part I, in February 2024, for a 60-day public comment period. Comments received during consultation are being considered in developing the final regulations, which are expected to be published in the Canada Gazette, Part II, in early 2025.

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

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 rules 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 the provincial or territorial rules apply.

Nova Scotia has an equivalency agreement related to the federal coal-fired electricity regulations. Although CEPA limits equivalency agreements to a maximum of five years, the order associated with Nova Scotia’s agreement does not have an expiry date. This is inconsistent with the orders associated with all other CEPA equivalency agreements.

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 an equivalency agreement 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 is not expected to have an impact on the CEPA equivalency assessment 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 early 2025.

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

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The Government of Canada is taking further action to reduce greenhouse gas (GHG) emissions from the generation of electricity.

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 Clean Electricity Regulations will have the effect of phasing out most unabated Canadian fossil fuel-powered electricity generation.

Consultations

ECCC initiated engagement in March 2022 with provinces and territories, Indigenous representatives, industry, non-governmental organizations, and academics on the development of the Clean Electricity Regulations. Bilateral engagement with key interested parties is ongoing.

A discussion paper on the Clean Electricity Regulations was published on March 15, 2022, for public comments. A Proposed Frame for the Clean Electricity Regulations was published on July 22, 2022, for public comment, supported by public webinars and numerous bilateral engagements. The draft regulations were published in the Canada Gazette, Part I, in August 2023. The Department received approximately 18,000 e-mails, including about 600 substantive comments during the formal consultation period that ended on November 2, 2023. The Department published an Update in early winter 2024 describing changes being considered to address electricity affordability and reliability goals. The Department is considering revisions to the draft Regulations, with the intent of finalizing them by late 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

Enabling Act

Canadian Environmental Protection Act, 1999

Description

These will amend two regulations 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 should reduce the implementation and reporting burden by enabling the use of a Protocol on Continuous Monitoring of Gaseous Emissions. Regulated parties will be able to use the new 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 2024-2025. Publication of the draft regulations in the Canada Gazette, Part I, is targeted for 2025.

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

Enabling Act

Canadian Environmental Protection Act, 1999

Description

These amendments would increase the stringency of Canada’s GHG and air pollutant emission standards for the post-2026 model years vehicles 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. Environmental Protection Agency (EPA) released two Notices of Proposed Rulemaking (NPRM) on April 12, 2023, with new GHG and air pollutant standards for post-2026 model years of light, medium and heavy-duty vehicles. The proposed standards are considered the most stringent GHG and air pollutant standards in North America. The U.S. EPA published the Final Rules in spring 2024. Work to amend the relevant Canadian regulations to align with these new U.S. standards is underway.

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. Both Canada and the U.S. are pursuing regulatory approaches that will achieve the same objective of reducing GHG and air pollutant emissions in the transportation sector.

Amendments to the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (PALTGGER) would implement more stringent GHG performance standards, while amendments to the On-Road Vehicle and Engine Emission Regulations would implement more stringent air pollutant standards.

The amendments to the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations and On-Road Vehicle and Engine Emission Regulations would increase the stringency of Canada’s GHG and air pollutant emission standards for heavy-duty vehicles and their engines, and also repeal the trailer standards to maintain alignment with the U.S. trailer provisions following a decision by a U.S. court.

Potential impacts on Canadians, including businesses

The new standards will reduce GHG emissions and air pollution with benefits for the fight against climate change and local air quality and health benefits. 

Consultations

Bilateral meetings have been occurring since fall 2023. Official pre-consultations via stakeholder working groups started in fall 2024.

Publication of proposed amendments in the Canada Gazette, Part I, is targeted for 2025.

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

Enabling Act

Canadian Environmental Protection Act, 1999

Description

An interim order was made on February 19, 2024, and published in Canada Gazette, Part I, on March 16, 2024, delaying the GHG emission standards for trailers in Canada by one year – February 19, 2025. Without this additional one-year delay, the standards for trailers would come into effect in Canada. Another interim order will be published in winter 2025 and 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 (EPA) trailer standards were stayed by a U.S. court in 2017 and vacated in 2021. To address the Court’s decision, the U.S. EPA proposed to repeal its trailer standards and related provisions in a proposal released in April 2023 (which proposed to introduce more stringent “Phase 3” GHG standards for heavy-duty vehicles of model year 2027 and later).

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 indicates that most Canadian trailer manufacturers would be at an economic disadvantage if trailer standards were only introduced in Canada.

Consultations

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

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The Government of Canada has committed to cap and reduce GHG emissions from the oil and gas sector at a pace and scale needed to contribute to Canada’s 2030 climate goals, to achieve net-zero emissions by 2050, and in a way that allows the sector to compete in the emerging net-zero global economy.

The Government plans to implement a national emissions cap-and-trade system through regulations under the Canadian Environmental Protection Act, 1999 (CEPA). This would establish a technology-neutral market-based instrument that supports cost efficient emissions reductions, while ensuring that the GHG emissions from the sector do not go above a set level and decline over time.

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 design of the emissions cap will be informed by extensive analysis of regulatory measures in other jurisdictions with oil and gas sectors, as well as by engagement 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 the industry to invest in clean technology.

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.

On December 7, 2023, the Government of Canada published a Regulatory Framework for an Oil and Gas Sector Greenhouse Gas Emissions Cap to outline key design details of the proposed approach to setting a cap on emissions and seek public comment.

The proposed regulations were published in the Canada Gazette, Part I, on November 9, 2024. Publication of the final regulations in the Canada Gazette, Part II, is targeted for 2025.

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)

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The final Regulations will 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 secondary lead smelting facilities. The SLSRR are outdated and only apply to six facilities. All facilities are compliant, and are also compliant with provincial or municipal requirements that are equivalent to, or 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.

Potential impacts on Canadians, including businesses

The final 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 repealing regulations were published in Canada Gazette, Part I, on November 4, 2023 for a 60-day public comment period. Publication of the final regulations in the Canada Gazette, Part II, is targeted for fall 2024.

Further information

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

ECCC contact

Nicole Folliet
Executive Director, Mining and Processing Division
Email: nicole.folliet@ec.gc.ca

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

2022-2024 Forward Regulatory Plan

Enabling Act

Canadian Environmental Protection Act, 1999

Description

These regulations would require certain solid waste landfills to reduce methane emissions through a performance-based approach that sets surface methane concentration limits and requires regular monitoring to confirm these limits are being met, to identify methane leaks and to ensure methane recovery is optimized. The regulations would apply to certain privately and municipally owned landfills that have received municipal solid waste.

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 is working closely with provincial/territorial representatives.

Potential impacts on Canadians, including businesses

The regulations aim to deliver significant, low-cost GHG reductions that can be achieved 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 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. In April 2023, the department published a Proposed Regulatory Framework for consultation, outlining key requirements that may be included in the regulations.

The Department published the proposed regulations in the Canada Gazette, Part I, on June 29, 2024. The final regulations are expected to be published in the Canada Gazette, Part II, in spring 2025.

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

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 would further align the regulations with leading North American requirements.

Potential impacts on Canadians, including businesses

VOC emissions are precursors to ground-level ozone and smog, and continued 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 2025.      

Further information

Additional information may be obtained using the contact below.

ECCC contact

Matt LeBrun
Director, Chemical Production and 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

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Amendments to Canada’s existing fuels regulations are being considered to complete the phase out of lead in gasoline, in line with U.S. regulations expected in the coming years in response to the final “endangerment” finding for leaded aviation gasoline published by the U.S. Environmental Protection Agency in October 2023. Other amendments to ECCC fuels regulations may be proposed following analysis conducted as part of ECCC’s Regulatory Stock Review 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 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

Canada’s Gasoline Regulations, published in 1990, banned the use of leaded gasoline for on-road vehicles in Canada. Implementation of the regulations led to a significant decrease in lead emissions, and blood lead levels across Canada.

However, the regulations included two exemptions allowing for continued used of leaded gasoline for piston engine aircraft and competition vehicles. Recent studies have identified health risks to people living near airports and racetracks where leaded gasoline continues to be used.

In addition to amendments focused on phasing out remaining sources of lead in gasoline in Canada, amendments to other fuels regulations may be considered to streamline administration and compliance for the regulations, improve consistency across similar regulations, and address other regulatory issues identified as part of analysis under ECCC’s Regulatory Stock Review Plan.

Consultations

ECCC will initiate engagement on potential regulatory amendments in 2024-2025.

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

2024-2026 Forward Regulatory Plan

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 rules that are expected to 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 rules apply.

Saskatchewan has an equivalency agreement for the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations (Coal-Fired Electricity Regulations). The implementing Order that stands down the Federal Regulations expires at the end of 2024. Nova Scotia also has an equivalency agreement for the Coal-Fired Electricity Regulations for the 2019-2024 period.

Saskatchewan and Nova Scotia have both requested new agreements for the 2025-2029 period. However, given the upcoming proposed Clean Electricity Regulations (CER) are not finalized, a two-year agreement for the 2025-2026 period would avoid disruption while providing time to assess and negotiate an agreement based on the forthcoming CER.

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

There are no administrative or compliance costs associated with the new Order. Standing down the federal regulation in place of equivalency provincial rules would reduce administrative burden.

Consultations

A proposed Order related to Coal-fired Electricity Equivalency Agreement for Saskatchewan was published in the Canada Gazette, Part I, for a 60-day public comment period on July 6, 2024. The publication of the final order in the Canada Gazette, Part II, is targeted for late 2024.

A proposed Order related to Coal-fired Electricity Equivalency Agreement for Nova Scotia was published in the Canada Gazette, Part I, for a 60-day public comment period on May 7, 2022. The publication of the final order in the Canada Gazette, Part II, is targeted for early 2025.

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

2024-2026 Forward Regulatory Plan

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Proposed amendments to the Multi-Sector Air Pollutants Regulations would remove or modify testing requirements for boilers and heaters in order to address stakeholders concerns with the testing provisions.

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 impact of these changes will be to enable regulatees to comply while having no negative impact on air emissions. No negative reaction from industry nor public is expected considering this amendment has no negative impacts.

Consultations

ECCC initiated bilateral meetings to solicit comments in 2023. Further consultations will be held in 2024 as needed.

The Department is targeting publication of the proposed regulations in the Canada Gazette, Part I, winter in 2025.

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

2024-2026 Forward Regulatory Plan

Enabling Act

Canadian Environmental Protection Act, 1999

Description

In addition to the time sensitive amendments stated above, Part 1 of MSAPR requires modifications to address issues that include:

• Changes in Alberta CEMS and ECCC codes
• Methane content fluctuation
• Addition of test methods for methane content analysis
• Other quantification issues
• Clarification of certain definitions (pulp and paper, heat recovery steam generators)
• Hydrogen treatment

Part 2 of MSAPR also requires an amendment to reduce methane emissions from stationary spark-ignition engines.

The time sensitive amendments set out above cannot be done within this broader initiative due to timing constraints. This broader initiative is planned to take place after the regulatory stock review planned for 2024-25.

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 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 changes will make the regulations clearer and more up to date in the light of new information and technologies.

The addition of methane requirements will have an impact on regulated facilities (including oil and gas facilities). These impacts will be assessed and described as part of the regulatory development process.

Consultations

The amendments will be informed by consultations with provinces, territories, the oil and gas industry, Indigenous partners, and civil society. ECCC expects to initiate consultation with stakeholders and Indigenous partners in late 2024 or early 2025. 

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

2024-2026 Forward Regulatory Plan

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 rules 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 the provincial or territorial rules apply.

There are equivalency agreements with Alberta, British Columbia, and Saskatchewan for the existing Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector). Each of these agreements will expire in the coming years, and each province has requested an opportunity to negotiate a renewed agreement.

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 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

Potential impacts will be assessed during development of the equivalency agreements and any associated regulatory development process. The objective of equivalency agreements is to achieve equal or better emission-reduction outcomes to the federal regulations while allowing provinces to tailor their regulatory requirements to their individual circumstances.

Consultations

The proposed Order for Saskatchewan was published in the Canada Gazette, Part I, on July 6, 2024.

The proposed Order for Alberta is targeting publication in the Canada Gazette, Part I, in early 2025.

The proposed Order for British Columbia was published in the Canada Gazette, Part I, on June 29, 2024.

Further information

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

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

2024-2026 Forward Regulatory Plan