Forward Regulatory Plan 2024 to 2026, Environment and Climate Change Canada (ECCC), chapter 5

Enabling Act

Antarctic Environmental Protection Act

Description

The department will propose amendments to the regulations that will be administrative in nature and have minor effect on applicants for Antarctic Environmental Protection Act (AEPA) permits. The regime for the protection of the Antarctic environment was established under the Madrid Protocol. Signatory parties, including Canada, are required to regulate the activities of expeditions organized in or proceeding directly from their territory to the Antarctic, as well as the activities of their vessels, aircraft, and stations in the Antarctic. The Protocol also requires parties who go to the Antarctic to conduct an environmental impact evaluation of all planned activities, develop a waste management plan, and identify specific measures to prevent marine pollution. Canada implements the Madrid Protocol domestically and meets its obligations through AEPA and the Antarctic Environmental Protection Regulations (AEPR).

A first set of modifications to the regulations will address comments raised by the Standing Joint Committee on the Scrutiny of Regulations (SJCSR) concerning general improvement and clarification of the regulations. The proposed amendments would simply require permit holders to specify the waste management conditions in their waste management plans. This approach would continue to ensure that Canada’s international obligations under the Madrid Protocol are met and promote increased compliance with the enabling authorities of the Act.

A second set of modifications intends to harmonize the requirements of the Act and regulations with those of the Madrid Protocol. The current domestic regulatory requirements for environmental impact assessments are more demanding than what is required under the Protocol, and so a consistent approach would help ensure there is value in the additional burden on regulatees.

Modifications will also be proposed to the Schedules of the Regulations to reflect changes adopted by the Antarctic Treaty Consultative Meeting (the international body responsible for the management of the Madrid Protocol), to the designation of Antarctic Historic Sites and Monuments, and to the designation of Antarctic Specially Protected Areas. Proposed modifications will also allow for modern data collection methods.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does 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)

International regulatory cooperation is ongoing. Canada is a party to the Madrid Protocol; AEPA and the AEPR were adopted in 2003 to implement this Protocol in Canada. Parties to the Madrid Protocol are required to oversee the activities of expeditions organized in or proceeding from their territory, as well as the activities of their vessels, aircraft, and stations in the Antarctic. Canada attends the annual Antarctic Treaty Consultative Meeting to ensure our domestic Act and regulations remain in-line with the Madrid Protocol.

Potential impacts on Canadians, including businesses

The proposed amendments will be of interest to a small number of Canadian businesses that operate in Antarctica, mostly tourism operators with tours visiting the continent, and to Canadian scientists participating in studies in the Antarctic region. It is expected that these proposed amendments will have no negative impacts on Canadians and Canadian businesses.

The amendments will allow for greater harmonization between Canadian and international requirements. They aim to simplify the requirements for environmental evaluations for Canadian permit applicants without decreasing environmental protection and provide more up-to-date and accurate information with regard to historic sites, monuments, and protected areas.

Consultations

ECCC conducted consultations on the proposed changes to the regulations through direct communications with the regulated community and the Canadian Committee on Antarctic Research during fall 2017. No issues were identified during this consultation process.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in fall 2024, for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Stephanie Keast
A/Head, Antarctic and Marine Program Development
Telephone: 902-237-0305
Email: stephanie.keast@ec.gc.ca

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

2015-2017 Forward Regulatory Plan

Enabling Act

Canadian Environmental Protection Act, 1999

Description

These regulations intend to address regulatory duplication and gaps between Environment and Climate Change Canada’s and Fisheries and Oceans Canada’s legal instruments that focus on the disposal at sea of pesticides from aquaculture facilities.

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 require regulatory cooperation efforts with Department of Fisheries and Oceans Canada and their aquaculture regulations.

Potential impacts on Canadians, including businesses

The assessment of the impacts of proposed regulations under the disposal at sea provisions of the Canadian Environmental Protection Act, 1999 will be informed by the final form of Fisheries and Oceans Canada’s (DFO) aquaculture regulations.

Consultations

DFO will conduct consultations on their regulatory design and ECCC will work in partnership to conduct consultations on its complementary regulations.

The proposals will be published in the Canada Gazette, Part I, for a minimum 30-day public comment period. Specific timelines and target date for publication are not known at this time.

Further information

Additional information may be obtained using the contact below or by consulting Fisheries and Oceans Canada’s Forward Regulatory Plan.

ECCC contact

Stephanie Keast
A/Head, Antarctic and Marine Program Development
Telephone: 902-237-0305
Email: stephanie.keast@ec.gc.ca

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

2021-2023 Forward Regulatory Plan

Enabling Act

Canada Oil and Gas Operations Act

Description

The legislation governing Canada’s offshore petroleum exploration and production activities include decision-making mechanisms to allow for the use of spill-treating agents to respond to oil spills. Spill-treating agents include many types of products designed to change the fate and behaviour of spilled oil, thereby facilitating its removal or aiding natural processes to disperse and biodegrade the oil in the environment. Response agencies can only authorize the use of spill-treating agents listed in regulations after determining that employing a spill-treating agent would improve environmental outcomes compared to not using them, ensuring a net environmental benefit.

Amendments to these Regulations are needed to revise the listed substances to consider removing outdated spill treating agents and adding new ones. These revisions are aimed at responding to and mitigating potential environmental impacts from oil spills from offshore petroleum activities. ECCC will consider spill-treating agent products that effectively achieve oil treatment objectives (e.g., disperse oil) and that present low environmental toxicity risks when used appropriately.

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)

Offshore petroleum activities in Canada are managed through federal and federal-provincial co-management governance regimes with the Governments of Nova Scotia and Newfoundland and Labrador. The Canada Energy Regulator, Canada-Nova Scotia Offshore Petroleum Board, and Canada-Newfoundland, and Labrador Offshore Petroleum Board are the response agencies able to authorize the use of spill-treating agents.

This initiative will require regulatory cooperation with Natural Resources Canada, the Canada Energy Regulator, the provinces of Nova Scotia and Newfoundland and Labrador, as well as the Offshore Petroleum Boards.

Potential impacts on Canadians, including businesses

Oil spills can have significant and long-lasting impacts, affecting the environmental health. Canadians, including businesses, depend on a healthy environment for many activities such as food production, cultural practices, and economic activities. Continued access to spill-treating agents would contribute to maintaining a healthy environment by facilitating environmental emergency response activities aimed at reducing the environmental impacts of oil spills. Consequently, this initiative would have a positive impact on Canadians and businesses.

Consultations

ECCC intends to engage with the Governments of Nova Scotia and Newfoundland and Labrador, the Offshore Boards, as well as with Indigenous peoples and Canadians in 2024-2025 to discuss candidate spill-treating agent products under consideration. These engagement activities will be particularly relevant in Atlantic Canada due to ongoing active offshore petroleum activity.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Melanie Melo
Director, Environmental Emergencies Division
Email: melanie.melo@ec.gc.ca

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

2024-2026 Forward Regulatory Plan