Regulatory stock review plan 2019 to 2029 and beyond

Deposit Out of the Normal Course of Events Notification Regulations

Rationale for the review

The Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations came into force in 2009 to address air releases of hexavalent chromium from the chromium metal finishing industry.

In 2012, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) raised some concerns regarding the regulations. The department began reviewing the regulations in 2015 to address those concerns and to look at other ways of improving them. The review led to a two-phase amendment process. Phase 1 addressed the SJCSR’s concerns by making administrative modifications to certain provisions (for example, resolving inconsistencies between the English and French versions of the regulations, clarifying and harmonizing with other regulations regarding laboratory accreditation, and removing reference to an obsolete ASTM standard). The first phase amendments were registered on March 16, 2020. In 2021, a formal stock review was undertaken to ensure the regulations are adequately protecting the environment and aligning with requirements in provincial and international jurisdictions. This led to additional amendment proposals which are part of the Phase 2 proposed amendments, these are more technical in nature.

Approach to the review

The 2021 review built on the 2015 review to determine if the regulations are adequately protecting the environment from air releases of hexavalent chromium from the chromium metal finishing industry. In 2017, provinces, industry, environmental non-governmental organizations (ENGOs), Indigenous groups and the general public were invited to participate in discussions on proposed amendments based on the 2015 review. Feedback received during these discussions were taken into account in the 2021 review.

Date of last amendment at time of review

Last amendment in 2020

Status of review

Review completed

Review completion date

January 14, 2022

Key issues identified

Key issues identified during the stock review include the need for better harmonization with other jurisdictions (provincial and the United States), clarifications to a number of provisions, modernization of the reporting system, additional information gathering and reporting to adequately measure whether the risk management objective and the environmental objective of the regulations are being met. Although the regulations are still relevant, there are issues with:

Co-ordination/alignment with other jurisdictions (provincial and the United States)
Clarity of provisions
Data collection and analysis (e-mail, fax, and mail-in reports)
Performance measurement

Stakeholder feedback

Feedback received during engagement since 2015 includes support from both industry and provinces on better alignment with existing provincial regulations and permits. There were comments on how representative operating conditions would be defined with input on additional technical considerations. Limited feedback was received on the proposal to reduce compliance limits and, although support was not explicitly expressed, there was no overtly negative responses to the proposal. Some concerns were raised on the achievability of the proposed method detection limits. Although they were invited to participate in discussions, no feedback was received from Indigenous groups or environmental non-governmental organizations.

Outcome of the review

The recommendation is to amend the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Further information

A discussion document on the Phase 2 proposed amendments was published in October, 2022 at the following link: Discussion document: Proposed Amendments to the Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations - Canada.ca. Another discussion document will be published on Canada.ca/Chromium on the proposed amendments (target April 2022)

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.Lebrun@ec.gc.ca

Review of Deposit Out of the Normal Course of Events Notification Regulations

Regulation

Enabling act

Review of the Notification Regulations for environmental emergencies - Canada.ca

Rationale for the review

The Deposit Out of the Normal Course of Events Notification Regulations prescribe the persons who can receive notifications for environmental emergency incidents, in addition to those set in the Fisheries Act. These regulations were first published in 2011 and they have never been amended. The goal of this review is to determine if the regulations are effectively supporting a coordinated, one-window approach for reporting environmental emergency incidents, by streamlining and reducing duplicative reporting procedures.

Approach to the review

The Deposit Out of the Normal Course of Events Notification Regulations and the Release and Environmental Emergency Notification Regulations (collectively referred to as the notification regulations) have been reviewed concurrently because they are substantially similar in form and function, have stakeholders that are largely the same, and have similar issues even though they are enabled by different statutes.

The review assessed the notification regulations in their entirety, including but not limited to the current regulatory requirements to determine whether amendments are needed. ECCC undertook consultations with the public, provinces, territories and partner departments to seek feedback on issues that may have arisen with the implementation of the notification regulations and to fill information gaps. This information will be used to inform future action on the notification regulations, including possible amendments.

Date of last amendment at time of review

Never been amended

Status of review

Review completed

Review completion date

December 31, 2022

Key Issues Identified

Some terms and references need to be updated to be aligned with Canadian statutes and regulations that have been amended or repealed.
The names and telephones numbers in Schedule 1 are subject to change but they cannot be updated without changing the regulations.
Current regulations require verbal notifications by phone. Some partners and stakeholders are moving towards alternative form of receiving and providing notifications.
Some Indigenous communities are concerned that the regulations do not provide designations to Indigenous People, government or communities.

Stakeholder Feedback

From September to October 2022, ECCC engaged the public to submit comments through the website Consulting with Canadians. ECCC also sought input from partners by holding meetings with provinces, territories, Canadian Coast Guard and Transport Canada, as well as soliciting their written feedback on the key issues.

Overall, the notification regulations are required to support a coordinated, one-window approach for reporting environmental emergency incidents, by streamlining and reducing duplicative reporting procedures. The public, provinces, territories and federal partners generally agree with the key issues identified. Verbal notification through telephone is still the commonly used notification approach, but there is a desire to modernize the notification system, such as receiving notifications through websites. Therefore they recommend that the notification regulations be more flexible and allow for various reporting formats. In addition, some Indigenous communities are interested in being partners with other jurisdictions in emergency management.

Outcome of the review

The recommendation is to amend the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Further Information

Regulatory review of the Notification Regulations for environmental emergencies - Canada.ca

Contact

Melanie Melo
Director, Environmental Emergencies Division
819-635-5074
melanie.melo@ec.gc.ca
urgencesenvironnementales-environmentalemergencies@ec.gc.ca

Review of Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations

Regulation

Designation of Regulatory Provisions for Purposes of Enforcement (Canada Wildlife Act) Regulations

Enabling act

Canada Wildlife Act

Rationale for the review

The Environmental Enforcement Act (EEA) strengthens the enforcement regime for nine acts under the responsibility of the Minister of the Environment, including the Canada Wildlife Act (CWA). Amongst other changes, the EEA modernized the fine regimes by establishing minimum penalties and increasing maximum penalties for environmental offences that involve direct harm or risk of harm to the environment, or obstruction of authority. For the CWA, the Designation of Regulatory Provisions for Purposes of Enforcement (CWA) Regulations were developed to this effect and came into force in July 2017.

The bulk of the EEA came into force in 2010 and includes a statutory obligation under section 52 to conduct a review of specific provisions related to the new fine regime and sentencing principles every 10 years. This requirement is also embedded in section 18.4 of the CWA, as it states that every 10 years the offences and punishment sections of the Act must be reviewed. A 10-year review of the EEA was recently conducted and encompassed the review of the Designation of Regulatory Provisions for Purposes of Enforcement (CWA) Regulations.

The overall purpose of the review was to assess the performance of the new regime, identify areas for improvement, and re-assess fine amounts and sentencing principles to ensure they remain consistent with public values, the economy, and other circumstances.

Approach to the review

To conduct this assessment, analysis was undertaken using a wide range of sources (for example, academic journals, case law, comparison of environmental sentencing guidelines, enforcement data, and legislation from other jurisdictions both domestically and internationally), and through external engagement with targeted stakeholders, Indigenous groups, and the general public. A significant amount of internal engagement was also undertaken, including collaboration with Parks Canada, and the Public Prosecution Service of Canada.

While conducting the review, there were three main limitations found. The first was that there are very few reported sentencing cases for offences under the CWA, therefore a limited number of judgements implementing the Designation of Regulatory Provisions for Purposes of Enforcement CWA Regulations. Second, external engagement efforts elicited insufficient results to draw scrutiny conclusions. Third, since the Designation of Regulatory Provisions for Purposes of Enforcement (CWA) Regulations came into force in 2017, the data that relates to these Regulations is limited due to the short time since they were established, as well as factors related to data repositories. The mandatory 10-year legislative review is expected in 2030 and will benefit from more data.

Date of last amendment at time of the review

Last amendment in 2020

Status of review

Review completed

The review was completed as part of the EEA 10-year review in 2020.

A report entitled “Environmental Fines and Sentencing Regime – 10 Years Later” was tabled in the Senate and House of Commons on December 10, 2021, marking the end of the Review.

Review completion date

December 10, 2021

Key issues identified

In all cases, the review found that the fine amounts and sentencing principles in the acts amended by the EEA continue to advance all of the relevant goals and remain consistent with public values, as well as economic and other relevant circumstances. However, in the course of the review, some concepts that relate to the new fine regime were identified for future analysis. These are:

Adjusting the fine ranges using legislative authorities; and
Including new non-fine measures in the court orders sections of the review sections, as well as creating new, non-fine based mandatory sentences (for example, using creative sentences in mandatory sentences).

Stakeholder feedback

To initiate the external engagement, in 2021, a discussion paper was shared with targeted stakeholders, Indigenous groups, and the general public, and external engagement, roundtables and alternative engagement fora were offered by the department. The engagement period began on June 16 and ended on August 31, 2021.

The following issues are relevant to the new fine regime and were raised on a recurring basis by key stakeholders during the external engagement efforts:

For offences that apply to wildlife infractions, the reduction of mandatory minimum fines could be beneficial when breaches are of technical or administrative obligations that have little or no impact on environmental protection.
The significance of creative sentencing was highlighted and considered to be a more effective tool for the purposes of both deterrence and restoration and recovery. The effectiveness of this against corporate offenders was especially noted. Creative sentencing is a catch-all term used to describe the various options in a section of the legislation that covers court orders relating to penalties (for example, community service orders, compensation orders, publication orders).

Outcomes of the review

The Regulation will not be amended due to the review and no additional action will take place.

Contact

Philippe Van Dyk
Acting Executive Director, Wildlife Enforcement Programs
philippe.vandyk@ec.gc.ca

Review of Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations

Regulation

Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations

Enabling act

Migratory Birds Convention Act, 1994

Rationale for the review

The Environmental Enforcement Act (EEA) strengthens the enforcement regime for nine acts under the responsibility of the Minister of the Environment, including the Migratory Birds Convention Act (MBCA). Amongst other changes, the EEA modernized the fine regimes by establishing minimum penalties and increasing maximum penalties for environmental offences that involve direct harm or risk of harm to the environment, or obstruction of authority. For the MBCA, the Designation of Regulatory Provisions for Purposes of Enforcement (MBCA) Regulations were developed to this effect and came into force in July 2017.

The bulk of the EEA came into force in 2010 and includes a statutory obligation under section 52 to conduct a review of specific provisions related to the new fine regime and sentencing principles every ten years. This requirement is also embedded in section 18.24 of the MBCA, as it states that every ten years the offences and punishment sections of the act must be reviewed. A 10-year review of the EEA was recently conducted and encompassed the review of the Designation of Regulatory Provisions for Purposes of Enforcement (MBCA) Regulations.

Approach to the review

While conducting the review, there were three main limitations found. The first was that there are very few reported sentencing cases for offences under the MBCA, therefore a limited number of judgements implementing the Designation of Regulatory Provisions for Purposes of Enforcement MBCA Regulations. Second, external engagement efforts elicited insufficient results to draw scrutiny conclusions. Third, since the Designation of Regulatory Provisions for Purposes of Enforcement (MBCA) Regulations came into force in 2017, the data that relates to these regulations is limited due to the short time since they were established, as well as factors related to data repositories. The mandatory 10-year legislative review is expected in 2030 and will benefit from more data.

Date of last amendment at time of review

Last reviewed in 2020

Status of review

Review completed

The review was completed as part of the EEA 10-year review in 2020.

A report entitled “Environmental Fines and Sentencing Regime – 10 Years Later” was tabled in the Senate and House of Commons on December 10, 2021, marking the end of the Review.

Review completion date

December 10, 2021

Key issues identified

Adjusting the fine ranges using legislative authorities.
Including new non-fine measures in the court orders sections of the review sections, as well as creating new, non-fine based mandatory sentences (for example, using creative sentences in mandatory sentences).

Stakeholder feedback

The following issues are relevant to the new fine regime and were raised on a recurring basis by key stakeholders during the external engagement efforts:

For offences that apply to wildlife infractions, the reduction of mandatory minimum fines could be beneficial when breaches are of technical or administrative obligations that have little or no impact on environmental protection.
The significance of creative sentencing was highlighted, and considered to be a more effective tool for the purposes of both deterrence and restoration and recovery. This effectiveness against corporate offenders was especially noted. Creative sentencing is a catch-all term used to describe the various options in a section of the legislation that covers court orders relating to penalties (for example, community service orders, compensation orders, publication orders).

Outcome of the review

Regulation will not be amended due to the review and no additional action will take place.

Contact

Wildlife Enforcement Directorate
wedoperations@ec.gc.ca

Review of Experimental Lakes Area Research Activities Regulations

Regulation

Experimental Lakes Area Research Activities Regulations

Enabling act

Federal Halocarbon Regulations, 2003

Rationale for the review

The Experimental Lakes Area Regulations (ELA Regulations or ELARAR) were finalized in 2014 and have not been reviewed since. The ELA Regulations are ministerial regulations under the Fisheries Act. These regulations need to be reviewed to ensure that they remain relevant and that the conditions for the use of a ministerial regulation remain in place.

Approach to the review

There is only one regulated organization for the ELA Regulations. ECCC will undertake consultation with the regulatee to ensure that they continue to meet the criteria for the use of ministerial regulations as required by the Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act, and to seek feedback on any issues that have arisen with the implementation of the regulations.

Date of last amendment at time of review

Never been amended

Review completion date

May 31, 2023

Status of review

Review completed

Key issues identified

Indigenous communities and organizations expressed issues around the need to implement the UN Declaration of the Rights of Indigenous Peoples, which was not in place during regulatory development. Specifically, issues including:

Nation to Nation building with the implementation of the ELA
Limitations on traditional use of land in areas
Lack of access to information generated by research
Lack of opportunities to provide input into research projects

Stakeholder feedback

Feedback was obtained through discussions and targeted questions with the ELA operator, the Province of Ontario, the Province of Manitoba, as well as Indigenous communities and Indigenous Organizations. Overall support was expressed towards the ELA regulations. Indigenous feedback asked that actions will be considered to mitigate issues expressed during engagement.

Outcome of the review

The ELARAR continues to meet its intended objectives and the regulations will not be amended. However, additional actions will be considered on how to address issues brought up by Indigenous community and organization.

Contact:

Caroline Blais
Director, Forest Products and Fisheries Act Division
819-918-3778
caroline.blais@ec.gc.ca

Review of Federal Halocarbon Regulations, 2003

Regulation

Enabling act

Migratory Birds Regulations

Rationale for the review

The Federal Halocarbon Regulations (FHR 2003) were published in 2003 and minor amendments were made in 2009 to address comments and recommendations of the Standing Joint Committee for the Scrutiny of Regulations. These amendments did not change the intent or scope of the FHR 2003. Although the regulations did not include a requirement for a mandatory review, the department had already initiated the process to amend the FHR 2003 prior to the stock review. In line with the objectives of the regulatory stock review, the department concluded on the need to amend the FHR in order to enhance the effectiveness of the regulations. Amendments considered would also reduce administrative burden, remove incorporation by reference that is no longer applicable, fix enforceability issues, remove obsolete provisions, and modernize the scope and framework of the regulations.

The intent of the revised regulations was to streamline the regulatory text and reduce the administrative burden for both regulatees and government officials.

Approach to the review

A comprehensive review of the FHR 2003 was initiated in 2013. Two rounds of consultations were conducted in 2013 and 2017. The invitation to participate in the consultation was extended to all known regulatees. Feedback obtained was included in the proposed modifications to the FHR 2003.

Date of last amendment at time of review

Last amendment in 2009

Status of review

Review completed

Review completion date

Completed in 2019-2020

Key issues identified

The FHR 2003 required substantial revisions and updates to remove obsolete provisions and improve clarity and enforceability. The regulations were proposed to be repealed and replaced to address the issues. However, the overall scope and objectives of the new regulations remain the same.

Stakeholder feedback

Stakeholders are generally supportive of the proposed modifications to the FHR 2003.

Stakeholders welcomed changes that would clarify the intent and definitions as well as proposed reduction in the administrative burden.

Outcome of the review

The recommendation is to repeal and replace the regulations.

Final publication of the Federal Halocarbon Regulations, 2022 in Canada Gazette, Part II took place on June 8, 2022.

Further information

Additional information can be found here: Federal Halocarbon Regulations Information

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.Lebrun@ec.gc.ca

Review of Migratory Birds Regulations

Regulation

Enabling act

Migratory Birds Convention Act, 1994

Rationale for the review

Since being implemented in 1918, the Migratory Bird Regulations (MBR) have been amended many times, often with isolated changes or fixes being made to deal with specific issues. They have never been subjected to a comprehensive review. As a result, the regulatory text and structure, which contains errors and inconsistencies, is complex, outdated, lacks clarity and does not meet current legal standards. These issues can in turn lead to difficulty in their interpretation, in their application, in ensuring stakeholder compliance, as well as lead to issues in enforcing the regulations.

In 1995, the Migratory Birds Convention was amended by what is known in Canada as the Parksville Protocol. Significantly, the Protocol recognized the existing Aboriginal and treaty rights of the Aboriginal people of Canada under section 35 of the Constitution Act, 1982, with respect to harvesting migratory birds and their eggs. These amendments have not yet been implemented into the MBR.

In addition, the MBR are not in line with many of the current departmental policy direction, particularly in the area of migratory game bird hunting management and nest protection. As a result, many issues and concerns, some going back over 30 years, have been repeatedly raised by stakeholders regarding the need for regulatory clarity, for the removal of irritants or burden that do not provide conservation value, and for the introduction of concepts and measures to improve migratory bird management in Canada.

Approach to the review

ECCC conducted a comprehensive review of the Migratory Birds Regulations in order to identify issues with the regulations. The department identified and evaluated issues raised over the previous years and decades by stakeholders, partners as well as wildlife enforcement.

The first phase of consultation occurred in 2013-14, primarily with hunting organizations, hunters and Indigenous partners, to discuss the key amendments being considered. Additional consultations occurred, primarily with hunters and hunting organizations, in 2017, regarding bait authorizations.

Following the extensive reviews and pre-consultations, the proposed regulations were published in Canada Gazette, Part I on June 1, 2019. This was followed by an initial 60-day comment period, which was extended to 4 months.

Following the Canada Gazette, Part I consultation period, the department reviewed the comments received, and is taking these comments into consideration for the development of the final regulations to be published in the Canada Gazette Part II. Following publication of the final regulations, the department will endeavour to continue their analysis of the efficacy of the regulations, and to continue discussions with stakeholders and partners.

Date of last amendment at time of review

Comprehensive amendment in the 1990s.

Schedule I of the regulations, which includes migratory game bird hunting open seasons, daily bag and possession limits, was previously amended annually, and more recently on a biennial basis.

Status of review

Review completed

Review completion date

June 8, 2022

Key issues identified

The review of the MBR was conducted with the main objectives being to address the following issues identified:

increase clarity and facilitate interpretation and compliance by updating outdated language, incorporating current legal standards, eliminating errors, inconsistencies and ambiguities, and restructuring the regulations by placing related information into distinct parts
ensure that the MBR recognize Aboriginal and treaty harvesting rights according to section 35 of the Constitution Act, 1982
improve the ability to effectively manage migratory birds in Canada, in particular, by protecting nests when they have a conservation value for migratory birds, as well as clarifying and introducing provisions to support current and new policy on migratory game bird hunting and hunting management

The review resulted in ECCC proposing new Migratory Birds Regulations, with many of the components of the proposed regulations being re-drafted and reorganized into distinct parts, with some definitions or provisions being removed, while other ones were added. The majority of the changes fell into two categories: those that increased clarity and/or met current legal drafting standards and did not alter the intent of the current provisions; and those that proposed new migratory bird management policy direction to respond to issues raised through the years, particularly regarding migratory bird hunting and nest protection. The new regulations also recognize the Aboriginal and treaty rights of the Aboriginal people of Canada under section 35 of the Constitution Act, 1982, with respect to harvesting migratory birds and their eggs.

Stakeholder feedback

The Canada Gazette, Part I publication invited all those that were interested to provide written comments on the proposal. Submissions were received from Indigenous partners, hunters and hunting associations, industry (particularly forestry, energy and mining), conservation organizations, academia/experts, other governments and individual Canadians. ECCC also had several information sessions/discussions on the proposal with those stakeholders and partners who made requests to the department.

The majority of the comments received spoke to the proposed changes regarding hunting migratory game birds, to protect nests when they have conservation value for migratory birds, and for the recognition of Aboriginal harvesting and treaty harvesting rights according to Section 35 of the Constitution Act, 1982.

ECCC is carefully considering all input provided in the development of the final regulations. Certain issues that were identified in the regulations, for instance relating to permits, are anticipated to be addressed in possible future regulatory amendment processes.

Outcome of the review

The recommendation was to amend the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Final publication of the Migratory Birds Regulations, 2022 in Canada Gazette, Part II took place on June 8, 2022.

Further information

Additional information on the modernization of the regulations can be found here: New Migratory Birds Regulations

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs Division
ReglementsFaune-WildlifeRegulations@ec.gc.ca

Review of New Substances Notification Regulations (Chemicals and Polymers)

Regulation

New Substances Notification Regulations (Chemicals and Polymers)

Enabling act

New Substances Notification Regulations (Organisms)

Rationale for the review

The original New Substances Notification Regulations (NSR) came into effect in 1994, and provisions pertaining to living organisms were added in 1997, following a 3-year review (1994 to 1997). In 2000 to 2001, multi-stakeholder consultations on the NSR were also conducted. In 2005, the NSNR were divided into the New Substances Notification Regulations (Organisms) (NSNR (O)) and the New Substances Notification Regulations (Chemicals and Polymers) (NSNR (C&P)). At that time, the chemicals and polymers regulations were significantly updated. However, there have been no substantial amendments or review of the NSNR (C&P) since that time.

With advances in science and technology since 2005, a comprehensive review of these Regulations was considered necessary.

Approach to the review

In partnership with Health Canada, ECCC conducted a review of the entire NSNR (C&P). The review’s primary objective was to ensure that the Regulations align with advances in science and technology. Secondary objectives were to determine whether regulatory burden could be reduced and Canadian industry competitiveness be maintained while still protecting human health and the environment. External engagement on these themes were also undertaken.

Date of last amendment at time of review

Reviewed, repealed and replaced prior to 2005

Status of review

Review completed

Review completion date

January 8, 2024

Key issues identified

Respondents identified a number of factors that should be considered when deciding whether these Regulations should be kept as they are or amended, repealed, or replaced. These factors included:

advances in science and technology (72%)
advances in risk assessment and risk management (60%)
how chemicals and polymers are regulated in Canada versus internationally (45%)
regulatory decision-making to be more open to the public (33%)

One key issue identified is the need for a reduction in the use of animal testing to generate assessment data. There is currently work underway on the development of a strategy to reduce, replace and refine the use of animals in toxicity testing as part of recent amendments to CEPA, which will also guide future direction on this subject. Further issues may emerge with further analysis and internal and external consultation.

Stakeholder feedback

Online engagement was conducted \ (May 9 to June 9, 2023). Of the 163 participants in the online engagement session, 87.6% participants indicated that the Regulations should be amended, either with significant updating/revision (58.2%) or minor updating (29.4%).

Outcome of the review

The recommendation is to amend the Regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Further information

A “what we heard” report has been prepared and will be published by summer 2024. A discussion document on the proposed amendments will also be published for comment on the by summer 2024.

Contact

Thomas Kruidenier
Executive Director, Substance Prioritization, Assessment and Coordination Division
1-800-567-1999
substances@ec.gc.ca

Review of New Substances Notification Regulations (Organisms)

Regulation

Enabling act

Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations

Rationale for the review

The original New Substances Notification Regulations (NSR) came into effect in 1994, and provisions pertaining to living organisms were added in 1997, following a three-year review (1994-97). In 2000-2001, multi-stakeholder consultations on the NSR were also conducted. In 2005, the NSR were repealed and replaced with the New Substances Notification Regulations (Organisms) (NSNR [O]) and the New Substances Notification Regulations (Chemicals and Polymers) (NSNR [C&P]). At that time, the chemicals and polymers regulations were significantly updated. By contrast, those for living organisms have undergone no significant amendments since 1997.

Some amendments were made in 2018 to create a mechanism for exempting agricultural field trials using microorganisms (addressing comments from the Standing Joint Committee for the Scrutiny of Regulations) and to make some minor housekeeping changes. Otherwise, these regulations have remained largely unchanged, and have not been comprehensively reviewed, for the past 20 years, despite rapid development in the biotechnology industry during this time.

As a result, a comprehensive review of the entire NSNR (O) was necessary in order to better align the regulations with the state of the science in biotechnology.

Approach to the review

A comprehensive approach was taken, targeting the entire NSNR (O), given the lack of substantial review or updating of these regulations over the past 20 years.

The review’s primary objective was to ensure that the regulations align with advances in science and technology. Secondary objectives were to reduce regulatory burden and ensure competitiveness while still protecting human health and the environment.

Date of last amendment at time of review

Last amendment in 2018

Status of review

Review completed

ECCC completed the review process for the regulations without stakeholder consultations specific to this review. ECCC had already received considerable stakeholder input through various fora (Round 2 of the Targeted Regulatory Reviews, Standing Committee on Environment and Sustainable Development, Regulatory Cooperation Council; see “Stakeholder feedback” below), and this input had strongly signaled the need to amend these regulations. For these reasons, ECCC has considered it appropriate to combine consultations required to fulfil this review with those required to fulfil the requirements of the regulatory amendment process.

Review completion date

October 31, 2021

Key issues identified

Emerging technologies: There is a need for the regulations to reflect medical advancements and to be more agile to effectively regulate substances resulting from emerging technologies. The field of biotechnology is constantly expanding, with new sectors suddenly emerging (for example, luminescent genetically modified ornamental pet fish)
Openness and Transparency: Risk assessments and regulatory decision making require more openness and public engagement
Hazardous products: Regulatory requirements for hazardous products are burdensome, unclear, and misaligned with other jurisdictions
Regulatory compliance: Guidance developed for inspectors should also be made available to regulated parties so that they know what is expected of them
Enforceability gaps: Prohibitions and information provision requirements should be strengthened to enable officers to identify the organisms being imported or manufactured
Data collection and analysis: Laboratory analytical support should be improved to properly distinguish strains and identify genetically modified organisms of higher risk, as opposed to naturally occurring organisms in Canada

Stakeholder feedback

Stakeholders have recommended:

greater alignment between Canada’s biotechnology regulatory system and regulations with the state of the science in biotechnology
reduction in the regulatory burden associated with the notification process under the NSNR(O)

Pre-consultation for proposed amendments, will engage more fully with industry stakeholders, non-governmental organizations, Indigenous governments and organizations, academia and the general public.

Outcome of the review

The recommendation is to amend the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Further information

N/A

Contact

Thomas Kruidenier
Executive Director, Substance Prioritization, Assessment and Coordination Division
1-800-567-1999
substances@ec.gc.ca

Review of Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations

Regulation

Enabling act

Species at Risk Act

Rationale for the review

The Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations came into force in 2013. Subsection 73(1) of the Species at Risk Act enables the competent minister to enter into an agreement or issue a permit authorizing a person to engage in an activity affecting a listed wildlife species, any part of its critical habitat, or the residences of its individuals. The Regulations specify information that must be included as part of the permit application and set out timelines for the issuance of, or refusal to issue, a permit. The review helped to determine if the Regulations still meet policy objectives appropriately and effectively.

Approach to the review

The review assessed the current regulatory requirements to determine whether amendments were needed. ECCC undertook consultations with other competent departments under SARA to determine if issues had arisen with the implementation of the Regulations and to identify potential gaps. The key objective was to ensure that the Regulations remain adequate and clear. A high-level scan of the Species at Risk Act Permitting Policy and guidelines was conducted at the same time as the regulatory review, however both documents will be reviewed, and updated as required, as part of the future regulatory amendment process.

Date of last amendment at time of review

Never been amended

Status of review

Review completed

Review completion date

July 24, 2024

Key issues identified

Key issues identified by the competent departments during the stock review are as follows:

Clarification around what constitutes a satisfactory application;
Clarity of some language used throughout the Regulations to avoid any unintended ambiguity;
Adding the ability to suspend/revoke a permit if required;
Reviewing the restrictions around previous permit non-compliance;
Suggestions on what additional information/details could be included in the supporting policy and guidance documents to better support the Regulations.

Stakeholder feedback

The Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations are administrative in nature, and ECCC consulted with the Department of Fisheries and Oceans and Parks Canada. ECCC is proposing to seek external stakeholder feedback as part of the future regulatory amendment process.

Outcome of the review

The recommendation is to amend the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Contact

Rebecca Moore
Manager, Species at Risk Compliance, Promotion and Regulatory Development
LEPreglementations-SARAregulations@ec.gc.ca

Review of Pulp and Paper Effluent Regulations

Regulation

Pulp and Paper Effluent Regulations

Enabling act

Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

Rationale for the review

The most recent comprehensive review of Pulp and Paper Effluent Regulations (PPER) was completed in the early 1990s. Despite high self-reported compliance, environmental effect monitoring (EEM) studies demonstrate that some pulp and paper effluent continues to adversely affect fish and fish habitat.

The pulp and paper sector is undergoing significant changes as a result of the development of new bio-products. Modernizing the PPER could strengthen environmental protections, address the transformation of the pulp and paper industry, clarify requirements, and streamline the burden on regulatees.

Approach to the review

ECCC has launched an initiative to modernize the PPER. Historical data reported by mills were reviewed to determine the sector performance, and extensive consultations were held as the first phase of pre-Canada Gazette consultations.

The second phase of pre-Canada Gazette consultation was launched in May 2019 with the publication of a detailed proposal followed by consultation sessions with provinces, Indigenous communities and environmental non-governmental organizations (ENGOs).

The objectives of PPER modernization include strengthening environmental protections, addressing the transformation of the pulp and paper industry, clarifying requirements, and streamlining the burden on regulatees.

Date of last amendment at time of review

Last amendment in 2018

Status of review

Review completed

Review completion date

November 30, 2021

Key issues identified

Performance measurement data, such as that collected through Environmental effects monitoring (EEM) studies required by the PPER, have shown that the effluents from 77% of pulp and paper mills are impacting fish and/or fish habitat despite a very high compliance rate with the PPER
The Canadian industry is diversifying the products made from wood and other plant materials to include non-traditional products such as nanocrystalline cellulose, lignin and hemicellulose
Canadian mills, in general, discharge effluents with higher suspended solids, biochemical and chemical oxygen demand and nutrients per tonne of production than competitors in Europe and the United States

Stakeholder feedback

The main concern from industry was related to the stringency of the proposed effluent limits.

Additional feedback will be gathered through the proposed amendment consultations.

Outcome of the review

The recommendation is to amend the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Further information

See Forward Regulatory Plan for more details about the proposed amendments.

Contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
819-918-3778
caroline.blais@ec.gc.ca

Review of Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

Regulation

Enabling act

Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act

Rationale for the review

The Environmental Enforcement Act (EEA) strengthens the enforcement regime for nine acts under the responsibility of the Minister of the Environment, including the Canadian Environmental Protection Act, 1999 (CEPA). Amongst other changes, the EEA modernized the fine regimes by establishing minimum penalties and increasing maximum penalties for environmental offences that involve direct harm or risk of harm to the environment, or obstruction of authority. For CEPA, the Regulations Designating Regulatory Provisions for Purposes of Enforcement (CEPA) were developed to this effect and came into force on June 22, 2012.

The bulk of the EEA came into force in 2010 and includes a statutory obligation under section 52 to conduct a review of specific provisions related to the new fine regime and sentencing principles every 10 years. This requirement is also embedded in section 294.5 (1) of CEPA, as it states that every 10 years the offences and punishment sections of the act must be reviewed. A 10-year review of the EEA was recently conducted and encompassed the review of the Regulations Designating Regulatory Provisions for Purposes of Enforcement (CEPA).

Approach to the review

While conducting the review, there were three main limitations found. The first was that there are very few reported sentencing cases for offences under CEPA, therefore a limited number of judgements implementing the Regulations Designating Regulatory Provisions for Purposes of Enforcement (CEPA). Second, external engagement efforts elicited insufficient results to draw scrutiny conclusions. Third, since the Regulations Designating Regulatory Provisions for Purposes of Enforcement (CEPA) came into force in 2012, the data that relates to these regulations is limited due to the short time since they were established, as well as factors related to data repositories. The mandatory 10-year legislative review is expected in 2030 and will benefit from more data.

Date of last amendment at time of review

Last amendment in 2020

Status of review

Review completed

The review was completed as part of the EEA 10-year review in 2020.

A report entitled “Environmental Fines and Sentencing Regime – 10 Years Later” was tabled in the Senate and House of Commons on December 10, 2021, marking the end of the review.

Key issues identified

Adjusting the fine ranges using legislative authorities
Including new non-fine measures in the court orders sections of the review sections, as well as creating new, non-fine based mandatory sentences (for example, using creative sentences in mandatory sentences)

Stakeholder feedback

The significance of creative sentencing was highlighted, and considered to be a more effective tool for the purposes of both deterrence and restoration and recovery. The effectiveness of this against corporate offenders was especially noted. Creative sentencing is a catch-all term used to describe the various options in a section of the legislation that covers court orders relating to penalties (for example, community service orders, compensation orders, publication orders)

Outcome of the review

Regulations will not be amended due to the review and no additional action will take place.

Contact

Hannah Rogers
Executive Director, Environmental Enforcement Directorate
613-222-0435
hannah.rogers@ec.gc.ca

Review of Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act

Regulation

Enabling act

Release and Environmental Emergency Notification Regulations

Rationale for the review

The Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act (Enabling Regulations) were finalized in 2014 and have not been reviewed since.

Most federal laws in Canada must be approved by the Governor in Council. Under some federal laws, Ministers are given the authority to make regulations themselves. However, Ministers can only make regulations under certain conditions that are outlined in Enabling Regulations. The Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act are enabling regulations which allow the Minister of Environment and the Minister of Fisheries and Oceans (and the Canadian Coast Guard) to make regulations under certain conditions.

These Regulations need to be reviewed to ensure that they remain an effective instrument.

Approach to the review

The Enabling Regulations establish the conditions under which the Minister of the Environment and the Minister of Fisheries and Oceans can exercise their ministerial regulation-making powers. As such, the review of the Enabling Regulations will involve consulting across both departments.

The objective of the review is to ensure that these regulations remain appropriate and effective.

Date of last amendment at time of review

Never been amended

Status of review

Review completed

Targeted completion date for review

March 31, 2024.

Key Issues Identified

Key issues identified during the stock review are consistent with those that ECCC has already received for other Fisheries Act regulations. More specifically:

Gender inclusive language
The threespine stickleback as part of possible acute lethality testing reference methods

Stakeholder Feedback

The Enabling Regulations are administrative in nature and apply to the Minister of the Environment and the Minister of Fisheries and Oceans (and the Canadian Coast Guard). The Enabling Regulations do not impose costs or burden on stakeholders or rights-holders.

Keeping a cost-effective approach to the review of the Enabling Regulations in mind, ECCC is not proposing to conduct external consultations or engagements.

Outcomes

Enabling Regulations will not change at this time and no additional action will take place other than documenting the issues identified.

Contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
819-918-3778
caroline.blais@ec.gc.ca

Review of Release and Environmental Emergency Notification Regulations

Regulation

Enabling act

Review of the Notification Regulations for environmental emergencies - Canada.ca

Rationale for the review

The Release and Environmental Emergency Notification Regulations designate the persons who can receive notifications for environmental emergency incidents, in addition to those set in the Canadian Environmental Protection Act, 1999. These regulations were published in 2011 and they have never been amended. The goal of this review is to determine if the regulations are effectively supporting a coordinated, one-window approach for reporting environmental emergency incidents, by streamlining and reducing duplicative reporting procedures.

Approach to the review

The Release and Environmental Emergency Notification Regulations and the Deposit Out of the Normal Course of Events Notification Regulations (collectively referred to as the notification regulations) have been reviewed concurrently because they are substantially similar in form and function, have stakeholders that are largely the same, and have similar issues even though they are enabled by different statutes.

Date of last amendment at time of review

Never been amended

Status of review

Review completed

Review completion date

December 31, 2022

Key issues identified

Some terms and references need to be updated to be aligned with Canadian statutes and regulations that have been amended or repealed.
The names and telephones numbers in Schedule 1 are subject to change but they cannot be updated without changing the Regulations.
Current regulations require verbal notifications by phone. Some partners and stakeholders are moving towards alternative form of receiving and providing notifications.
Some Indigenous communities are concerned that the regulations do not provide designations to Indigenous People, government or communities.

Stakeholder feedback

From September – October 2022, ECCC engaged the public to submit comments through the website Consulting with Canadians. ECCC also sought input from partners by holding meetings with provinces, territories, Canadian Coast Guard and Transport Canada, as well as soliciting their written feedback on the key issues.

Overall, the notification regulations are required to support a coordinated, one-window approach for reporting environmental emergency incidents, by streamlining and reducing duplicative reporting procedures. The public, provinces, territories and federal partners generally agree with the key issues identified. Verbal notification through telephone is still the commonly used approach, but there is a desire to modernize the notification system, such as receiving notifications through websites. Therefore they recommend that the notification regulations be more flexible and allow for various reporting formats. In addition, some Indigenous communities are interested in being partners with other jurisdictions in emergency management.

Outcome of the review

The recommendation is to amend the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Further information

Regulatory review of the Notification Regulations for environmental emergencies - Canada.ca

Contact

Melanie Melo
Director, Environmental Emergencies Division
819-635-5074
melanie.melo@ec.gc.ca
urgencesenvironnementales-environmentalemergencies@ec.gc.ca

Review of Rules of Procedure for Boards of Review

Regulation

Rules of Procedure for Boards of Review

Enabling act

Rules of Procedure for Boards of Review

Rationale for the review

The Regulation has not been reviewed since it was first published in 2003. The last amendments to the regulation were made in 2016, addressing issues raised by the Standing Joint Committee for the Scrutiny of Regulations. To date, only one board of review has been convened. A review is needed to ensure that the procedural rules outlined in the regulation are still relevant and allow for flexibility in the operation of a board of review. The objective of the review was to determine if it provides a clear understanding of the procedures and requirements related to boards of review. This review also assessed if the procedural rules can be simplified in a way that allows more flexibility in the board of review process.

Approach to the review

Considering the Rules of Procedure for Boards of Review (Rules) were only applied once by ECCC in partnership with Health Canada, this review was limited to an internal review and research and analysis of various sources of information on similar board of review processes in other legislation and jurisdictions (for example, academic journals, best practices and legal opinions).

Date of last amendment at time of review

Last amendment in 2016

Status of review

Review completed

Review completion date

November 17, 2023

Key issues identified

No key issues identified

Stakeholder feedback

Since the Rules of Procedure for Boards of Review deal only with the operations of a Board once established, no external consultations were undertaken.

Outcome of the review

The review concluded that there is no need to amend the Rules of Procedure for Boards of Review at this time. Additional information and guidance will be developed and published on the web to improve understanding and communications of these regulations.

Further information

Contact

Sarah Radovan
A/Director, Regulatory Innovation and Management Systems
613-818-5226
sarah.radovan@ec.gc.ca

Review of Secondary Lead Smelter Release Regulations

Regulation

Secondary Lead Smelter Release Regulations

Enabling act

Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations

Rationale for the review

The Secondary Lead Smelter National Emission Standards Regulations were introduced in 1976 under the Clean Air Act. As the Clean Air Act was subsumed by CEPA 88 there was a need to bring the regulations under the new act. In 1991 the Secondary Lead Smelter Release Regulations (SLSRR) were introduced replacing the previous regulations with only minor changes. The regulations limit the concentration of particulate matter and lead emitted into the ambient air from secondary lead smelting facilities. Over the years, the number of secondary lead smelters (SLS) in Canada has dropped from 51 in 1984, to 5 in 2020 Additionally, there is also 1 primary lead smelter covered by the SLSRR. The five SLSs currently account for a small portion of lead emissions in comparison with the primary base metals smelting (BMS) sector. Since 2006, the department has developed instruments (Pollution Prevention Plans and Environmental Performance Agreements (EPAs)) to address emissions of lead from the base metals smelting sector, including the primary lead smelter. The SLSRR also pose a number of challenges related to enforceability, monitoring and reporting requirements.

Approach to the review

ECCC gathered supporting data and information relevant to the review. A consultation plan was developed and implemented. Outreach to provinces, industry, and Indigenous groups were undertaken to inform them of the review and to request additional technical and regulatory information. Outreach was made to non-governmental organizations, but no responses were received.

Date of last amendment at time of review

Last amendment in 2000 to bring the regulations into alignment with CEPA 1999.

Status of review

Review completed

Review completion date

December 31, 2021

Key issues identified

The SLSRR has outdated language
The number of regulatees have reduced significantly since the SLSRR publication
The SLSRR add burden to regulatees since they have to comply with provincial/municipal regulations on lead.
Several technical elements of the SLSRR are outdated and do not fully reflect current industry terminology and practices
Repealing the SLSRR provides the additional benefits of removing duplication of federal regulations with provincial requirements
If SLSRR were repealed, there would be no changes to emissions from the secondary lead smelters, as existing provincial/municipal requirements, which are as stringent or more stringent, will continue to apply
The BMS sector, which is the biggest lead emitter in Canada, is currently subject to EPAs that contain a requirement of developing recommendations to reduce metals including lead

Stakeholder feedback

Interested parties provided feedback through a number of activities including an engagement session, a technical questionnaire, a virtual session and discussions. Most of the facilities from the lead industry sector responded to the technical questionnaire. The findings are that some technical elements of the SLSRR are outdated and do not fully reflect current industry terminology and practices. The feedback from provinces and municipalities shows that the secondary lead sector is regulated at the provincial and municipal levels. Feedback from Indigenous peoples (2 First Nations (FN) participated in the teleconference) raised concern regarding general and historic contamination issues due to lead emissions from the secondary lead and other sectors. No further engagement on the SLSRR review was requested by the FN groups. The session with 5 NGOs was cancelled, as the 5 groups did not respond to the information session invitation on the SLSRR review.

Outcome of the review

The recommendation is to remove and repeal the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Further information

N/A

Contact

Mining and Processing Division
mmp-tmm@ec.gc.ca

Review of Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations

Regulation

Enabling act

Storage tanks for petroleum and allied petroleum products - Canada.ca

Rationale for the review

The Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations have been in place since 2008, and include numerous references to technical standards. A review of the regulations is needed to ensure that these referenced standards are still relevant and allow for flexibility as new technologies emerge, while ensuring protection of the environment from leaks or spills of petroleum products and allied petroleum products.

Approach to the review

A complete review of the requirements is being conducted. The regulations apply to systems located on federal and aboriginal lands. Consultations with stakeholders will be undertaken to seek feedback on issues that have arisen with the implementation of the regulations. In addition, ECCC will collaborate with Standards Organizations and industry to ensure that the appropriate standards (version and scope) are referenced in the regulations. The review will assess current requirements and determine whether additional controls are needed to achieve good environmental objectives.

Date of last amendment at time of review

Last amendment in 2020 (Misc. amendments)

Status of review

Review completed

Review completion date

December 2022

Key issues identified

Emerging technologies: There is a need to update the Regulations to reflect advances in standards and technology for the installation, operation and maintenance of storage tank systems to ensure current technologies are recognized
Alignment: As domestic and international regulatory regimes, codes and standards have changed considerably since 2008, the Regulations are no longer aligned or harmonized with provincial, territorial and international jurisdictions (US)
Regulatory compliance:
- While most sections of the Regulations are prescriptive and leave no room for variance to allow for innovation, the section that addresses the requirement for a product transfer area, leaves too much room for interpretation about what is actually required
- There are no provisions to encourage regulatees to periodically maintain and inspect their storage tank system
- There are no leak detection requirements for post-2008 storage tank systems
- Certain provisions lead to unnecessary administrative burden and costs to Canadian businesses such as duplication of regulatory requirements and the quantity of information to be kept
- The Regulations are very technical and a simplification of the wording would help clarify requirements.
- The Regulations incorporate by reference a lot of material, some of which is outdated
- This industry is currently facing considerable issues with supply chain and human resource shortages. This can negatively affect compliance with regulatory requirements
Target audience: While the target audience is well known and complete in terms of stakeholder representation, more work is needed in some regulated sectors to ensure a better awareness of the regulatory obligations
Data collection and analysis: The performance measurement indicators for the Regulations should be reviewed and clarified to ensure their effectiveness, Following this, data needs and associated reporting requirements should be reviewed and updated

In summary, the Department has received feedback highlighting the need to modernize the Regulations.

Stakeholder feedback

Interested parties provided feedback through a number of activities including virtual and in-person information sessions, discussions during conferences and written communication. The feedback pointed to the identification of obsolete provisions and available technologies, a lack of alignment with other jurisdictions, identification of enforceability issues and areas needing clarity thereby facilitating compliance with the Regulations.

The Department is carefully considering all input received and is developing of ‘A What We Heard Report’ which is expected to be posted on the Storage Tank Website in spring/summer 2023. Further targeted consultations will be organized in order to engage more fully with industry, stakeholders, governmental organizations, Indigenous people and organizations, and other interested parties from the general public.

Outcome of the review

The recommendation is to amend the Regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Further information

Additional information can be found here:

For general comments or anyone wishing to be on our contact list to receive information related to the Regulations and upcoming engagement activities, please contact us at the following email address: registrereservoir-tankregistry@ec.gc.ca

Contact

Astrid Télasco
Director, Waste Reduction and Management Division
819-938-4478
astrid.telasco@ec.gc.ca

Review of Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

Regulation

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

Enabling act

Wildlife Area Regulations

Rationale for the review

The Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations were published in 2009 and have never been subjected to a comprehensive review. These regulations were based on the Ozone Transport Commission (north-east US states) regulatory requirements in force at the time. Since publication of ECCC’s regulations, regulatory limits in a number of U.S. states have been revised downward. The review is an opportunity to identify where the regulations could better align with U.S. requirements to achieve further emissions reduction and allows the identification of provisions needing clarification in order to facilitate their interpretation, enforcement and administration.

Approach to the review

ECCC collected data and information relevant to the review and identified areas of the regulations requiring clarification. ECCC also contracted a study to review the regulatory limits. ECCC consulted stakeholders to seek comments on the review conclusions and the proposed path forward.

Date of last amendment at time of review

Last amendment in 2018

Status of review

Review completed

Review completion date

April 3, 2023

Key issues identified

The internal review identified areas of the regulations needing clarification and proposed the following modifications

revise some definitions and provisions to help stakeholders interpret the regulations and ascertain compliance;
add record keeping requirements for users of traffic marking coatings to facilitate the enforcement of the regulations
revise the permit renewal provisions to ease the administration of permits
expand the permit provisions to users of traffic markings in case of force majeure events

ECCC has also identified opportunities to achieve additional VOC emissions reduction by revising the regulatory limits and further aligning with U.S. requirements.

Stakeholder feedback

ECCC consulted stakeholders between October 2022 and January 2023 on the key issues identified during the regulatory review and on the proposed changes to achieve further reductions in VOC emissions. A discussion document was shared with interested parties for comments. Interested parties included other federal departments, provinces, territories, Indigenous groups and organizations, industry, environmental groups and public advocacy groups.

Stakeholders are supportive of the review process and of many of the proposed regulatory amendments. They welcomed proposed changes to facilitate the comprehension of the Regulations and to clarify their scope. They are also supportive of amendments to expand permit provisions and to facilitate permit approval and renewal. Stakeholders are divided over the addition of record keeping requirements for users of traffic marking coatings. Stakeholders see benefits in further aligning product requirements with those in the U.S., but request that the approach and timelines minimize the economic impact on small Canadian businesses.

Outcome of the review

The recommendation is to amend the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

Further information

See Forward Regulatory Plan for more details about the proposed amendments.

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.LeBrun@ec.gc.ca

Review of Wildlife Area Regulations

Regulation

Enabling act

Canada Wildlife Act

Rationale for the review

Since coming into force in 1977, the Wildlife Area Regulations have been amended a number of times, however, they have never been subject to a comprehensive review and update. The result is that the regulations contained some inconsistencies with other federal environmental regulations, which came into force after 1977. Many provisions were also outdated or lacked clarity.

A number of challenges with respect to the provisions regarding the management of National Wildlife Areas (NWAs) were also identified, specifically relating to the use of notices to authorize activities which would otherwise be prohibited under the regulations.

Updates to the boundaries of existing NWAs were also needed as some had not been updated in over 30 years. Although new NWAs had been added to Schedule I of the regulations since 1977, in some cases additional lands had been acquired by ECCC, but had not yet been designated as NWA lands through the regulations. In other cases, the boundary description no longer matched updated legal or cadastral frameworks in certain jurisdictions, or errors had been identified in the boundary descriptions.

Approach to the review

The first phase of pre-Canada Gazette consultations occurred in 2017, and included hunting / trapping associations, Inuit Boards and Councils, Inuit Regional Associations, bird clubs, environmental non-governmental organizations, tourism associations, universities, provincial / territorial governments, other federal departments and individual Canadians.

The publication of the proposed regulations in the Canada Gazette, Part I on June 1, 2019 was followed by an initial 30-day comment period, and was extended to 4 months to accommodate stakeholders.

Date of last amendment at time of review

Last amendment in 2020

Status of review

Review completed

Review completion date

December 9, 2020

Key issues identified

The review of the WAR was conducted with the main objectives of the amendments to the regulations being:

Clarify and update the prohibitions to ensure consistency with other federal environmental regulations
Make the process and criteria used in making permit issuance decisions more detailed and transparent, consistent with current legal drafting standards as well as with other federal environmental regulations
Add activities that are authorized in NWAs by including those activities in the new Schedule I.1 of the amended regulations
Update and correct the boundaries of certain NWAs in order to accurately reflect land titles and to make other corrections
Make some minor administrative updates and corrections such as revising land descriptions and the names of a few NWAs

The review resulted in ECCC amending the regulations, resulting in a number of revisions to the WAR. These revisions enhance regulatory clarity, ensure the regulations are consistent with other similar regulations and support the effective management of NWAs. The changes largely formalized existing policies for the management of NWAs.

Stakeholder feedback

Comments were received from Indigenous partners and stakeholders on the regulatory proposal published in the Canada Gazette Part I. ECCC carefully considered all input provided in the development of the final regulations.

Outcome of the review

The recommendation was to amend the regulations. Any further regulatory action for these regulations will be determined based on ECCC’s regulatory priority agenda.

The final regulations were published in the Canada Gazette, Part II on December 9, 2020.

Further information

The updated Wildlife Area Regulations and Regulatory Impact Analysis Statement are available on the Canada Gazette website.

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs Division
ReglementsFaune-WildlifeRegulations@ec.gc.ca

Section 2: Regulatory reviews in progress

This section covers the regulations that ECCC is in the process of reviewing. It provides a status update for each review, a summary of the rationale and approach to the review, information on the last date of review or amendment, and a target completion date.

Review of Benzene in Gasoline Regulations

Regulation

Benzene in Gasoline Regulations

Enabling act

Disposal at Sea Permit Fee Regulation

Rationale for the review

The Benzene in Gasoline Regulations are being reviewed to ensure that the regulatory objectives are being achieved, measure performance, assess potential opportunities to streamline the regulations, and align with other jurisdictions, as appropriate. The Regulations were published in 1997 and have been amended six times.

Approach to the review

Initial internal review and analysis was conducted in 2021-2022 for the following bundle of fuels regulations, which focus on addressing air pollution:

Benzene in Gasoline Regulations
Fuels Information Regulations, No.1
Gasoline Regulations
Sulphur in Diesel Fuel Regulations
Sulphur in Gasoline Regulations

ECCC will undertake consultations with provinces/territories and stakeholders to seek feedback on the findings of the initial review and issues that may have arisen with the implementation of the fuel regulations. The review will assess potential amendments to ensure ECCC’s environmental objectives are met, while minimizing regulatory burden.

Date of last review or amendment

Last review in 2003

Last amendment in 2018

Targeted completion date for review

December 31, 2026

Status of review

Review in progress

Preliminary internal review of the first bundle of fuel regulations was completed in 2021-2022.

Key Issues Identified

Internal analysis has identified certain data required to be reported by regulatees that may no longer be needed to meet risk management objectives. This includes the Benzene Emission Number (BEN) and associated data. No longer requiring reporting of this data would reduce administrative burden for regulatees. There may also be opportunities to further align the benzene standards with U.S. requirements.

The overall review and analyses of the bundle of fuel regulations identified potential opportunities to:

Minimize, to the extent possible, administrative burden and costs for regulatees and government regarding compliance with and the administration of the regulations
Eliminate duplicative reporting of same data in fuel quality regulations
Reduce the amount of data required to be reported
Ensure consistency across definitions, exceptions/exemptions, record keeping and reporting requirements, etc.
Simplify reporting and recordkeeping obligations
Remove regulatory provisions and definitions that may be out of date or no longer necessary

Stakeholder feedback

Consultations are underway. Feedback will inform potential amendments to fuels regulations in the coming years.
Additional consultations with stakeholders will take place in 2024-2025.

Contact

Magda Little
Director, Oil, Gas and Alternate Energy Division
819-420-8047
FUELS-CARBURANTS@ec.gc.ca

Review of Disposal at Sea Permit Fee Regulation

Regulation

Enabling act

Financial Administration Act

Rationale for the review

The Disposal at Sea Permit Fee Regulations came into force in 2010. They are very short regulations that prescribe the permit fee for the disposal of dredged or excavated material and the method of payment of these fees.

In 1999, the Ocean Dumping Permit Fee Regulations (later renamed the Disposal at Sea Permit Fee Regulations) were enacted under the Financial Administration Act with the objective of recovering the majority of the program costs associated with the disposal at sea monitoring program activities. Monitoring of disposal sites is a requirement under the 1996 London protocol on prevention of marine pollution and a disposal site monitoring program was developed in Canada to verify that permit decisions were correct and sufficient to protect the environment, and that clients could be allowed continued access to suitable disposal sites. Cost recovery of the monitoring program, through the Disposal at Sea Permit Fee Regulations is considered to represent a fair return to the Canadian public for allowing the clients use of the resource (ocean) for disposal.

The current fees are now more than 20 years old and a comprehensive review of the fee structure is required. The monitoring program has evolved over this period and the current fee structure may no longer appropriately account for program costs. Timing of payment may also need revision to account for the current regulated community, for example the need to collect fees in advance may be unnecessary for public sector clients.

Approach to the review

This review process was initiated in 2021 and focuses on:

ensuring that the permit fees can adequately cover the costs associated with the monitoring program activities
connecting with new Indigenous partners with financial and environmental monitoring needs
researching new activities/services that may come into effect within the next decade (for example, CO2 storage, placement)
reviewing the clients’ needs and practices

The review process will be done in 3 phases:

Phase 1 (completed):

Information gathering (such as reviewing historical data and trends)
Assessing the changes in monitoring activities over time and examining potential new activities that should be included in program costs
Conducting an external review of the international permit application and monitoring fees (reviewing the fee structures in other countries that operate similar disposal at sea programs under the London Convention)
Consulting with the proponents involved in disposal at sea and/or placement at sea activities in Canada. The objective of the consultations was to gain a better understanding of the industry’s current costs associated with permitting and disposal activities, to have a better understanding of the clients anticipated needs 10 years into the future with respect to disposal and/or placement activities and to obtain a preliminary sense of the level of openness to fee changes, and related considerations.

Phase 2 (in progress, targeting completion in Summer 2024):

Analysis: Estimate total costs for all the monitoring work that must be completed and apply a private benefit test (for example, reviewing activities that are benefiting identifiable clients over the benefit to the general public) (completed)
Review the number of clients, service needs and other pressures (completed)
Estimate a cost recovery target finding the right balance between what the proponents can and should pay with regard to the benefit they are receiving (completed)
Provide potential fee options based on the analysis conducted (completed)
Present the analysis and fee options to the regional offices, Finance, and Senior Management for feedback and approvals (in progress)
Complete the ECCC Service Fee Review Report for submission to Treasury Board of Canada Secretariat (TBS) (planned)

Phase 3 (targeting completion date in February 2025):

Development of recommendations for implementation of new fees (for example, administrative changes to current fees, regulatory amendment, changes to fees, changes to scope (what activities/clients are covered), etc.)

Date of last review or amendment

Never been reviewed

Last amendment in 2010

To ensure consistency with the Canadian Environmental Protection Act, 1999 (CEPA), administrative amendments were adopted in 2010 to the Ocean Dumping Permit Fee Regulations which became the Disposal at Sea Permit Fee Regulations to reflect the language used in CEPA. No substantive changes were made to the Regulations at that time and the amount for the permit fees and the method of payments of those fees remained the same.

However, as required under the Service Fees Act, the fee has increased automatically since 2018 by the amount listed on the Canadian Consumer Price Index on April 1 of each year. The fee for the 2022-23 fiscal year is established at $505.59 per 1000 cubic meters.

Targeted completion date for review

April 1, 2025

Status of review

Review in progress

Analysis of the disposal at sea fee structure was conducted over the last year. This included all the actions listed above as completed under Phase 2 under ‘Approach to the review’.

Remaining actions under Phase 2 include the presentation of the analysis and options to regional offices, finance, and senior management for their feedback and approval prior to completing the ECCC Service Fee Review Report for submission to TBS.

Key issues identified

Disposal at Sea has two fees - an application fee and a permit fee (Monitoring), for which TBS guidance and Service Fees Act require regular fee review. A review of the fees set by these regulations had already been planned to address these requirements
Vote Netted Revenue is not an ideal mechanism for the Disposal at Sea monitoring program as revenues received are only usable in the year in which they are received, while disposal site monitoring is a multi-year process. For this reason, further funding options need to be considered/revised for the program to run effectively
Costs and activities of Disposal at Sea have increased since the fees were first put in place about two decades ago
Since 2018, yearly fee increases have been based on increases to the Consumer Price Index (CPI). At the time they were established, the application fee was not intended to recover the total costs of ECCC application assessment activities and were based on what the market could bear
New program initiatives are being introduced to the program, such as material re-use, CO2 sequestration in sub-seabed geological formations, and First Nation collaboration, which may require guidance, regulatory work, collaborations, or additional fee options. The review will assess the cost of these initiatives and Phase 3 will make recommendations on whether or not we begin to recover these new costs

Stakeholder feedback

Proponents involved in disposal at sea and/or placement at sea activities in Canada were consulted in March 2022. The objective of the consultations was to gain a better understanding of the industry’s current costs associated with permitting and disposal activities, to have a better understanding of the clients’ anticipated needs 10 years into the future with respect to disposal and/or placement activities and to obtain a preliminary sense of the level of openness to fee changes, and related considerations. Consulted parties were supportive of the fee review process proposed by ECCC and their comments are included in the fee review approach.

Contact

Mona Sidarous
National Director, Marine Programs Division
819-639-8911
mona.sidarous@ec.gc.ca

Review of Environmental Emergency Regulations, 2019

Regulation

Environmental Emergency Regulations, 2019

Enabling act

Environmental Violations Administrative Monetary Penalties Regulations

Rationale for the review

The Environmental Emergency Regulations (the Regulations) were amended and published in 2019. These Regulations aim to reduce the frequency and severity of accidental releases of hazardous substances into the environment. The Regulations have not undergone a formal regulatory review to date. The goal of this review is to determine the effectiveness of the current regulations in achieving the stated objectives and to evaluate and mitigate unnecessary regulatory burden.

Approach to the review

The review will assess the Regulations in their entirety, including the current regulatory requirements to determine whether amendments are needed. ECCC will undertake consultations with stakeholders to seek feedback on issues that may have arisen with the implementation of the Regulations and to fill information gaps. This information will be used to inform future action on the Regulations, including possible amendments.

Date of last review or amendment

Last amendment in 2019

Targeted completion date for review

March 31, 2025

Status of review

Review in progress but has been extended due to competing priorities.

Key issues identified

Once the consultation with the broader stakeholder audience is completed, ECCC will update this summary.

Duplicative regulatory requirements regarding the prevention of and response to chemical accidents at fixed facilities were identified as an issue through the Treasury Board Targeted Regulatory Review Initiative. In response, ECCC committed to perform an environmental scan of existing regulations (provincial and federal), identify major components in each (for example, preparation of an emergency plan, public communication), identify any duplication with ECCC’s Environmental Emergency Regulations, 2019 and propose solutions if required (for example, regulatory amendments). This work has been completed and the results and suggested follow-up actions are being reviewed and approved.

Stakeholder feedback

ECCC will undertake consultations with stakeholders to seek feedback within the review process. However, some feedback has already been obtained through a series of compliance promotion webinars with regulatees in 2022, inquiries regarding the 2019 regulations, as well as comments submitted in September 2019 in response to Treasury Board Secretariat’s Federal Regulatory Modernization initiative, specifically the Targeted Regulatory Review. In addition, since 2021, ECCC has engaged interested stakeholders via an Advisory Working Group to help identify, develop and review potential amendments to the Environmental Emergency Regulations, 2019 and related compliance promotion materials to enhance the protection of the environment and public safety. The working group consists of industry and academic representatives from a broad array of sectors that are regulated under the Environmental Emergency Regulations, 2019.

Contact

Pierre Manseau
Manager Environmental Emergency-Prevention
873-800-4999
pierre.manseau@ec.gc.ca

Review of Environmental Violations Administrative Monetary Penalties Regulations

Regulation

Enabling act

Environmental Violations Administrative Monetary Penalties Act

The Environmental Violations Administrative Penalties Regulations (EVAMPR) came into force on June 2, 2017. The EVAMPR completed the administrative monetary penalties (AMPs) regime set by the Environmental Violations Administrative Monetary Penalties Act by establishing key details, designating violations under seven environmental acts and their associated regulations that may be enforced by means of an AMP. The key objectives of the review are to determine, using evidence, if the EVAMPR are meeting their policy objectives appropriately and effectively, and to identify issues and solutions.

Approach to the review

The review will assess the Regulations in their entirety. The process will include information gathering exercises using external sources, such as academic journals, case law, enforcement data, and legislation from other domestic and international jurisdictions, as well as internal and external engagement with targeted stakeholders, Indigenous groups, and the general public.

Date of last review or amendment

Never been reviewed

Minor amendments made in July 2022

Targeted completion date for review

December 1, 2024

Status of review

Review in progress

Contact

Hannah Rogers
Director General, Environmental Enforcement Directorate
613-222-0435
hannah.rogers@ec.gc.ca

Review of Export of Substances on the Export Control List Regulations

Regulation

Export of Substances on the Export Control List Regulations

Enabling act

Fuels Information Regulations, No.1

Rationale for the review

The Export of Substances on the Export Control List Regulations (ESECLR) were developed in 2013 to incorporate provisions relative to the Stockholm Convention, and replaced the Export Control List Notification Regulations under the Canadian Environmental Protection Act, 1999 (CEPA) and the Export of Substances Under the Rotterdam Convention Regulations (which implemented obligations under the Rotterdam Convention). They were later amended in 2017 to include provisions relative to the Minamata Convention, and again in 2018 to control exports of asbestos, as part of the Government-wide strategy to prohibit asbestos.

While certain provisions were amended to improve the Regulations since their publication in 2013, the Regulations have not undergone a comprehensive regulatory review. The goal of this review is to determine the effectiveness of the current Regulations in achieving the stated objectives and to evaluate and mitigate unnecessary regulatory burden.

The ESECLR control the exports of substances listed on the Export Control List in Schedule 3 to CEPA.

Approach to the review

The review will assess the Regulations, including but not limited to the current regulatory requirements, to determine whether amendments are needed. ECCC will take into consideration feedback received from stakeholders during consultations on recent amendments to the Export Control List (Schedule 3 of CEPA) as well as input received over the past few years on issues associated with the implementation of the Regulations. This information will be used to inform future action on the Regulations, including possible amendments.

Date of last review or amendment

Never been reviewed

Last amendment was in 2018 to control exports of all forms of asbestos, as part of the Government-wide strategy to prohibit asbestos.

Targeted completion date for review

December 31, 2024

Status of review

Review in progress

An internal analysis of the Regulations has been initiated, based on stakeholder feedback over the years and ECCC’s experience in administering the Regulations.

Key issues identified

One issue already identified is the regulatory burden associated with the obligation under subsection 101(1) of CEPA for exporters to submit a notice of proposed export prior to all exports of substances listed on the Export Control List. Other key issues are in the process of being identified.

Stakeholder feedback

Consultations have not yet been conducted. Some feedback was obtained through interactions with stakeholders, inquiries regarding the Regulations, and comments submitted on recent amendments to the Export Control List.
In 2024-2025, consultations will take place to inform stakeholders of the findings from the internal analyses, seek additional comments and input on the proposed path forward.

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.LeBrun@ec.gc.ca

Review of Fuels Information Regulations, No. 1

Regulation

Enabling act

Rationale for the review

The Fuels Information Regulations, No. 1 were published in 1977. The objective of the review is to ensure the regulatory objectives are being achieved, and assess potential opportunities to streamline the regulations, as appropriate.

Approach to the review

Initial internal review and analysis was conducted in 2021-2022 for the following bundle of fuels regulations, which focus on addressing air pollution:

Benzene in Gasoline Regulations
Fuels Information Regulations, No.1
Gasoline Regulations
Sulphur in Diesel Fuel Regulations
Sulphur in Gasoline Regulations

Date of last review or amendment

Last review in 1994

Last amendment in 2017

Targeted completion date for review

December 31, 2026

Status of review

Review in progress

Preliminary internal review of the first bundle of fuel regulations was completed in 2021-2022.

Key Issues Identified

The overall review and analyses of the bundle of fuel regulations identified potential opportunities to:

Minimize, to the extent possible, administrative burden and costs for regulatees and government regarding compliance with and the administration of the regulations
Eliminate duplicative reporting of same data in fuel quality regulations
Reduce the amount of data required to be reported
Ensure consistency across definitions, exceptions/exemptions, record keeping and reporting requirements, etc.
Simplify reporting and recordkeeping obligations
Remove regulatory provisions and definitions that may be out of date or no longer necessary

Stakeholder feedback

Consultations are underway. Feedback will inform potential amendments to fuels regulations in the coming years.

Contact

Magda Little
Director, Oil, Gas and Alternate Energy Division
819-420-8047
FUELS-CARBURANTS@ec.gc.ca

Review of Gasoline Regulations

Regulation

Gasoline Regulations

Enabling act

Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations

Rationale for the review

The objective of the review is to ensure the regulatory objectives are being achieved, measure performance, streamline the fuels regulations, and align with other jurisdictions, as appropriate. The Regulations were published in 1990 and have been amended five times. The Regulations effectively ban the use of leaded gasoline for on-road transportation purposes but include exemptions allowing for use of leaded gasoline for piston-engine aircraft and competition vehicles. In 2023, the U.S. announced a final “endangerment finding” for leaded aviation gasoline, and is expected to phase out leaded aviation fuel by 2030. The review of Canada’s Gasoline Regulations will include consideration of removing exemptions for remaining uses of leaded gasoline, in line with expected U.S. rulemaking in the coming years.

Approach to the review

Initial internal review and analysis was conducted in 2021-2022 for the following bundle of fuels regulations which focus on addressing air pollution:

Benzene in Gasoline Regulations
Fuels Information Regulations, No.1
Gasoline Regulations
Sulphur in Diesel Fuel Regulations
Sulphur in Gasoline Regulations

ECCC will undertake consultations with provinces/territories, industry and other interested parties to seek feedback on the findings of the initial review and issues that may have arisen with the implementation of the fuel regulations. The review will assess potential amendments to ensure ECCC’s environmental objectives are met, while minimizing regulatory burden.

Date of last review or amendment

Never been reviewed

Last amendment in 2017

Targeted completion date for review

December 31, 2026

Status of review

Review in progress

Preliminary internal review of the first bundle of fuel regulations was completed in 2021–2022.

Key issues identified

The phase-out of remaining sources of lead in gasoline remains of interest to ECCC. In addition to U.S. actions towards an expected phase out of leaded aviation fuel by 2030, Australia successfully phased out the use of leaded gasoline for racing/competition vehicles in 2019. Consultation with stakeholders who import or sell leaded gasoline for use in aircraft and competition vehicles, as well as end users, is planned for 2024-2025.

Recent health studies have confirmed higher blood levels of lead in individuals living close to airports with rotary aircraft using leaded avgas, and racetracks using leaded fuel for competition vehicles.

Stakeholder feedback

Consultations are underway. Feedback will inform potential amendments to fuels regulations in the coming years.

Further information

Final Finding that Lead Emissions from Aircraft Engines that Operate on Leaded Fuel Cause or Contribute to Air Pollution that May Reasonably Be Anticipated to Endanger Public Health and Welfare, published October 20, 2023

Evaluation of the effectiveness of risk management measures for lead, Health Canada, 2020

Options for Reducing Lead Emissions from Piston-Engine Aircraft, U.S. National Academies of Sciences, Engineering and Medicine 2021

Eliminate Aviation Gasoline Lead Emissions (EAGLE) initiative, U.S. Federal Aviation Authority

Contact

Magda Little
Director, Oil, Gas and Alternate Energy Division
819-420-8047
FUELS-CARBURANTS@ec.gc.ca

Review of Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations

Regulation

Enabling act

Masked Name Regulations

Rationale for the review

The Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations were published in 2011 and have not received a dedicated review since publication. The goal of this evaluation is to determine the effectiveness of the Regulations in achieving the stated environmental objectives, ensure that references to technical standards are correct and up-to-date, evaluate and mitigate unnecessary regulatory burden and unintended impacts, and ensure that there are sufficient and non-duplicative requirements within the Regulations.

Approach to the review

ECCC will undertake consultations with stakeholders to seek feedback on issues that may have arisen with the implementation of the regulations. The review will assess the Regulations in their entirety, including but not limited to the current regulatory requirements, current Canadian emissions reduction objectives, and historical emissions performance of marine spark-ignition engines and recreational vehicles to determine whether amendments are needed.

Date of last review or amendment

Never been reviewed

Last amendment in 2022

Targeted completion date for review

December 31, 2024

Status of review

Review in progress

Key issues identified

To be determined

Stakeholder feedback

Not applicable at this time

Contact

Stéphane Couroux
Director, Transport Division
infovehiculeetmoteur-vehicleandengineinfo@ec.gc.ca

Review of Masked Name Regulations

Regulation

Enabling act

Multi-Sector Air Pollutants Regulations

Rationale for the review

The Regulations came into force in 1994 to establish criteria for concealing a substance’s explicit chemical or biological name to prevent disclosure of confidential business information. The Regulations were amended in 2000 to ensure that Regulations under the original Canadian Environment Protection Act were consistent with the Canadian Environment Protection Act, 1999. The Regulations’ requirements were never reviewed although several opportunities for clarification have been identified over the years. This review aims to ensure that the Regulations effectively and efficiently conceal confidential business information and align with the most recent related amendments made to CEPA while maintaining the appropriate balance with transparency.

Approach to the review

The review will assess the Regulations, including but not limited to the current legislative and regulatory requirements to determine whether amendments are needed.

Date of last review or amendment

Never been reviewed

Last amendment in 2000

Targeted completion date for review

December 31, 2024

Status of review

Review in progress

The process was initiated in 2023 and stakeholder engagement is planned for 2024. The targeted completion date for the review is extended to December 31, 2024.

Key issues identified

The early stages of the review identified several areas of clarification required in the Regulations to facilitate implementation. This would be expected to reduce resources allocated to developing, reviewing, and approving masked names by improving the compliance rate in the initial applications from stakeholders while maintaining the balance between transparency and the protection of confidential business information. This would benefit regulatees and the government.

Stakeholder feedback

ECCC will undertake consultations with stakeholders and all known regulatees to seek feedback on the Regulations and possible next steps resulting from stock review (such as status quo, amend, replace with another instrument or repeal). This information may also include opportunities for clarification identified in the administration of the Regulations over the years. Consultations are expected to take place in 2024.

Contact

Korian Soumano
Acting Director, Regulatory Operations, Policy, and Emerging Sciences Division
1-800-567-1999
substances@ec.gc.ca

Review of Multi-Sector Air Pollutants Regulations

Regulation

Enabling act

New Substances Fees Regulations

Rationale for the review

The Multi-Sector Air Pollutants Regulations (MSAPR) were published in June of 2016 and certain provisions were amended in 2020 to confirm the exclusion of biomass boilers. The MSAPR have not received a dedicated review since their publication.

The goal of this evaluation is to determine the effectiveness of the Regulations in achieving the stated environmental objectives, ensure that references to technical standards are correct and up to date, evaluate and mitigate unnecessary regulatory burden and unintended impacts, evaluate whether additional compliance promotion tools or enforcement action is necessary to promote compliance and ensure that there are sufficient and non-duplicative requirements within the regulations to assess compliance.

Approach to the review

The review will assess the Regulations in their entirety, including but not limited to the current regulatory requirements, current Canadian emissions reduction objectives, the emissions performance of regulated boilers and heaters, spark-ignition engines and cement facilities to determine whether amendments are needed or not. ECCC will undertake consultations with stakeholders to seek feedback on issues that have arisen with the implementation of the Regulations. When conditions permit, consultations might be combined with potential regulatory amendments and involve internal and external engagement with targeted stakeholders, Indigenous groups, and the general public.

Date of last review or amendment

Never been reviewed

Last amendment in 2020

Targeted completion date for review

December 31, 2024

Status of review

Review in progress

Contact

Jennifer Kerr
Director, Air Quality Program Office
613-897-7154
Cleanair.airpur@ec.gc.ca

Review of New Substances Fees Regulations

Regulation

Enabling act

On-Road Vehicle and Engine Emission Regulations

Rationale for the review

The New Substances Fees Regulations came into force on January 1, 2003. The fees model was developed through consultations with a number of stakeholders, including representatives of the federal government, the chemical industry and non-governmental organizations. The Regulations also set fees for certain services, such as a confidential Domestic Substances List (DSL) or Non-Domestic Substances List (NDSL) search, an application for masked names, and an application under the Four Corners Agreement.

Since its entry into force, no review or revision of these Regulations has been undertaken. For this reason, a comprehensive review would be beneficial to determine whether the Regulations should be updated. This is particularly true in the light of the higher fees collected in other jurisdictions, including the U.S. and Australia.

Approach to the review

ECCC will review the New Substances Fees Regulations as a whole. The main objective of the review is to determine how well the Regulations align with the objectives of fees collection and are supported by available socio-economic data. This review also aims to determine whether the Regulations impose a reasonable regulatory burden and ensure competitiveness of affected Canadian industries.

Date of last review or amendment

Never been reviewed

Last amendment in 2005

Targeted completion date for review

Winter 2025

Status of review

Review in progress

Contact

Korian Soumano
Acting Director, Regulatory Operations, Policy, and Emerging Sciences Division
1-800-567-1999
substances@ec.gc.ca

Review of On-Road Vehicle and Engine Emission Regulations

Regulation

Enabling act

Ozone-depleting Substances and Halocarbon Alternatives Regulations

Rationale for the review

The On-Road Vehicle and Engine Emission Regulations were published in 2003 and have not received a dedicated review since publication. However, they have been amended 4 times since their original publication in 2006, 2013, 2015, and 2022. The goal of this review is to determine the effectiveness of the Regulations in achieving the stated environmental objectives, ensure that references to technical standards are correct and up-to-date, evaluate and mitigate unnecessary regulatory burden and unintended impacts, and ensure that there are sufficient and non-duplicative requirements within the Regulations.

Approach to the review

ECCC will undertake consultations with stakeholders to seek feedback on issues that may have arisen with the implementation of the Regulations. The review will assess the Regulations in their entirety, including but not limited to the current regulatory requirements, current Canadian emissions reduction objectives, and historical emissions performance of this regulation to determine whether amendments are needed.

Date of last review or amendment

Never been reviewed

Last amendment in 2022

Targeted completion date for review

December 31, 2024

Status of review

Review in progress

Contact

Stéphane Couroux
Director, Transport Division
infovehiculeetmoteur-vehicleandengineinfo@ec.gc.ca

Review of Ozone-depleting Substances and Halocarbon Alternatives Regulations

Regulation

Enabling act

Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Rationale for the review

The Ozone-depleting Substances and Halocarbon Alternatives Regulations was amended in 2017 to allow Canada to ratify the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol). While certain provisions were amended in 2020 to correct minor discrepancy and following an adjustment to the Montreal Protocol, the regulations have not undergone a substantive amendment since 2017. This regulatory review has been advanced 2024-2025 in light of recent regulatory developments in other jurisdictions and the progression in the development of new technologies. The goal of this review is to determine the effectiveness of the current regulations in achieving the stated objectives, to identify administrative improvements, to evaluate the impact of recent regulatory developments in other jurisdictions pertaining to HFCs and to identify the impact of new technologies.

Approach to the review

The review will assess the regulations in their entirety to inform whether amendments are warranted in the context of effective regulatory implementation and to align with Canada’s objectives under the Montreal Protocol.

The process will include information gathering exercises using external sources, such as academic and technical journals, legislation from other domestic and international jurisdictions, as well as internal and external engagement with stakeholders, regulatees, and the general public.

Date of last review or amendment

Never been reviewed

Last amendment in 2020 (Last substantive amendment in 2017)

Targeted completion date for review

December 31, 2024

Status of review

Review in progress

Contact

Ozone Layer Protection Programs
Chemical Production and Products Division
halocarbures-halocarbons@ec.gc.ca

Review of Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Regulation

Enabling act

Sulphur in Diesel Fuel Regulations

Rationale for the review

The Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations were published in 2010 and underwent a mid-term evaluation that was completed in 2021. They have also been amended twice since their original publication in 2014 and 2023. The goal of this review is to determine the effectiveness of the Regulations in achieving the stated environmental objectives, ensure that references to technical standards are correct and up-to-date, evaluate and mitigate unnecessary regulatory burden and unintended impacts, and ensure that there are sufficient and non-duplicative requirements within the Regulations.

Approach to the review

Date of last review or amendment

Never been reviewed

Last amendment in 2023

Mid-term evaluation of the Regulations completed in 2021

Targeted completion date for review

December 31, 2024

Status of review

Review in progress

Contact

Stéphane Couroux
Director, Transport Division
infovehiculeetmoteur-vehicleandengineinfo@ec.gc.ca

Review of Sulphur in Diesel Fuel Regulations

Regulation

Enabling act

Sulphur in Gasoline Regulations

Rationale for the review

The objective of the review is to ensure the risk management objectives are being achieved, measure performance, assess potential opportunities to streamline the regulations, and align with other jurisdictions, as appropriate. The regulations were published in 2002 and have been amended four times.

Approach to the review

Initial internal review and analysis was conducted in 2021-2022 for the following bundle of fuels regulations which focus on addressing air pollution:

Benzene in Gasoline Regulations
Fuels Information Regulations, No.1
Gasoline Regulations
Sulphur in Diesel Fuel Regulations
Sulphur in Gasoline Regulations

Date of last review or amendment

Never been reviewed

Last amendment in 2017

Targeted completion date for review

December 31, 2026

Status of review

Review in progress

Preliminary internal review of the first bundle of fuel regulations was completed in 2021–2022.

Key Issues Identified

Based on a study and survey conducted in 2017, ECCC will consider reducing the sales limit for sulphur in locomotive diesel fuel in Canada from 500 mg/kg to 15 mg/kg to align with standards implemented by the U.S. Environmental Protection Agency. ECCC will also consider potential changes to align with the International Marine Organization’s requirements for diesel fuel.

The overall review and analyses of the bundle of fuel regulations identified potential opportunities to:

Minimize, to the extent possible, administrative burden and costs for regulatees and government regarding compliance with and the administration of the regulations
Eliminate duplicative reporting of same data in fuel quality regulations
Reduce the amount of data required to be reported
Ensure consistency across definitions, exceptions/exemptions, record keeping and reporting requirements, etc.
Simplify reporting and recordkeeping obligations
Remove regulatory provisions and definitions that may be out of date or no longer necessary

Stakeholder Feedback

Consultations are underway. Feedback will inform potential amendments to fuels regulations in the coming years.
Additional consultations with stakeholders will take place in 2024-2025 on the findings of the analyses and potential options to streamline the regulations while maintaining environmental quality standards.

Contact

Magda Little
Director, Oil, Gas and Alternate Energy Division
819-420-8047
FUELS-CARBURANTS@ec.gc.ca

Review of Sulphur in Gasoline Regulations

Regulation

Enabling act

Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations

Rationale for the review

The objective of the review is to ensure the risk management objectives are being achieved, measure performance, assess opportunities to streamline the regulations, and align with other jurisdictions, as appropriate. The temporary sulphur compliance unit trading system will be evaluated. The Regulations were published in 1999 and have been amended five times.

Approach to the review

Initial internal review and analysis was conducted in 2021-2022 for the following bundle of fuels regulations which focus on addressing air pollution:

Benzene in Gasoline Regulations
Fuels Information Regulations, No.1
Gasoline Regulations
Sulphur in Diesel Fuel Regulations
Sulphur in Gasoline Regulations

Date of last review or amendment

Never been reviewed

Substantive amendments in 2015

Last amendment in 2020

Targeted completion date for review

December 31, 2025

Status of review

Review in progress

Proposed and final amendments were published in 2020 to re-enact the temporary sulphur compliance unit trading system for the years 2020 to 2025.

Preliminary internal review of the first bundle of fuel regulations was completed in 2021–2022.

Key Issues Identified

In 2019, regulatees requested a permanent sulphur compliance unit (SCU) trading system. An amendment was published in 2020 to re-enact the temporary trading system from 2020 to 2025, with the intention to later consult on whether or not to implement a permanent sulphur trading system.

The overall review and analyses of the bundle of fuel regulations identified potential opportunities to:

minimize, to the extent possible, administrative burden and costs for regulatees and government regarding compliance with and the administration of the regulations
eliminate duplicative reporting of same data in fuel quality regulations
reduce the amount of data required to be reported
ensure consistency across definitions, exceptions/exemptions, record keeping and reporting requirements, etc.
simplify reporting and recordkeeping obligations
remove regulatory provisions and definitions that may be out of date or no longer necessary

Stakeholder feedback

Contact

Magda Little
Director, Oil, Gas and Alternate Energy Division
819-420-8047
FUELS-CARBURANTS@ec.gc.ca

Review of Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations

Regulation

Enabling act

Wild Animal and Plant Trade Regulations

Rationale for the review

These regulations have not been subject to a comprehensive review since their publication in 2009. In addition, a number of administrative and compliance issues have been identified.

Approach to the review

ECCC has completed an internal review of the Regulations, and has contracted out a study to collect additional information on regulatory updates in the U.S., and the impact of alignment on Canadian emissions and industry costs. This information will be used to develop a consultation document that will be shared with stakeholders in 2024.

Date of last review or amendment

Never been reviewed

Last amendment in 2018

Targeted completion date for review

March 31, 2025

Status of review

Review in progress

In July, 2022, the Government of Canada published a Notice of intent to renew the Federal agenda on the reduction of emissions of volatile organic compounds from consumer and commercial products. In the Notice, the Government signaled that it is considering amendments to the automotive refinishing products regulations to address administrative issues identified since the Regulations were published. The Government is also considering aligning the VOC concentration limits included in the regulations with those in the Ozone Transport Commission Model Rule 2011 (Motor Vehicle and Mobile Equipment Non-assembly Line Coating Operations Phase II).

ECCC plans to consult on proposed amendments in 2024. To avoid consulting twice on the same regulations, the 2024 consultation will also seek stakeholder feedback on the current regulations, to meet the needs of this regulatory review.

Key issues identified

To date, ECCC has identified areas for improvement, including:

Discrepancies in terms of regulatory requirement between the Regulations and those of our trading partners
Ambiguity in certain parts of the Regulations that hinders the implementation/enforcement of the Regulations
Lack of performance measurement components that are needed to effectively measure the performance of the Regulations

Stakeholder feedback

ECCC will consult stakeholders on the key issues identified in the review.

Canadian stakeholders, including other federal departments, provinces, territories, Indigenous groups and organizations, industry, environmental groups and public advocacy groups will be consulted.

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.LeBrun@ec.gc.ca

Review of Wild Animal and Plant Trade Regulations

Regulation

Enabling act

Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Rationale for the review

The Wild Animal and Plant Trade Regulations (WAPTR) were implemented in 1996.
Schedule I of WAPTR has been amended many times since its implementation in order to reflect changes to the list of protected species adopted by various Conferences of the Parties (CoP) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). However, decisions related to the implementation of CITES and other administrative aspects have not been incorporated into WAPTR and no comprehensive review has been undertaken since the Regulations came into force. Amending the WAPTR will ensure that it is properly aligned with the purposes set out in the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). This will be accomplished by addressing enforceability issues, updating the structure of the regulations to better reflect current drafting practices, modernizing the language, and addressing inconsistencies. In addition, the amendments will incorporate decisions agreed upon by different CITES CoPs, and finally reduce administrative burden.

Approach to the review

ECCC has initiated a review of WAPTR in order to identify issues with the Regulations, and determine how these issues should be addressed in the Regulations.

ECCC held a public consultation with stakeholders and Canadians on October 29, 2022 to gather comments on the proposed amendments to update WAPTR. A Notice of Intent was published in the Canada Gazette, Part I, launching a 60-day consultation period, and emails were sent to stakeholders. The consultation document with proposed amendments was made accessible through the Government of Canada website. The consultation closed on December 28, 2022 and comments are currently being considered.

Additionally, Canadians will also have the opportunity to provide comments on the proposed administrative update of the Regulations, when the proposed regulations are published in the Canada Gazette, Part I, currently anticipated in winter 2025, for a 30-day public comment period.

Date of last review or amendment

No comprehensive review has been conducted

Last amendments to WAPTR in 2023

Targeted completion date for review

Fall 2024

Status of review

Review in progress

Key issues identified

The proposed amendments to the Regulations will focus on the following key issues:

ensuring consistency with CITES
addressing enforcement issues
reducing administrative burden on the Department and stakeholders
ensuring the language and structure of WAPTR are consistent with current legal drafting conventions

Stakeholder feedback

The input gathered through the public consultation process is being carefully considered in the development of proposed regulatory amendments, which are anticipated to be published in the Canada Gazette, Part I, in winter 2025.

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs Division
ReglementsFaune-WildlifeRegulations@ec.gc.ca

Section 3: Regulatory reviews planned in future years

This section of the plan outlines which regulations anticipate beginning a review each year during the remaining 2019–2029 period.

Year 7: Reviews in 2025–2026

Review of Contaminated Fuel Regulations

Regulation

Contaminated Fuel Regulations

Enabling act

Disposal at Sea Permit Application Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Last review in 2017

Last amendment in 2019

Contact

Magda Little
Director, Oil, Gas and Alternate Energy Division
819-420-8047
FUELS-CARBURANTS@ec.gc.ca

Review of Disposal at Sea Permit Application Regulations

Regulation

Enabling act

Off-Road Small Spark-Ignition Engine Emission Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Mona Sidarous
National Director, Marine Programs Division
819-639-8911
mona.sidarous@ec.gc.ca

Review of Off-Road Small Spark-Ignition Engine Emission Regulations

Regulation

Enabling act

Potato Processing Plant Liquid Effluent Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2017

Contact

Stéphane Couroux
Director, Transport Division
infovehiculeetmoteur-vehicleandengineinfo@ec.gc.ca

Review of Potato Processing Plant Liquid Effluent Regulations

Regulation

Enabling act

Reduction of Carbon Dioxide Emissions from Coal-Fired Generation of Electricity Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Last review in 1994

Never been amended

Contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
819-918-3778
caroline.blais@ec.gc.ca

Review of Reduction of Carbon Dioxide Emissions from Coal-Fired Generation of Electricity Regulations

Regulation

Enabling act

Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Last amendment in 2018

Contact

Electricity and Combustion Division
ECD-DEC@ec.gc.ca

Review of Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act

Regulation

Enabling act

Scott Islands Protected Marine Area Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2018

Contact

Magda Little
Director, Oil, Gas and Alternate Energy Division
819-420-8047
FUELS-CARBURANTS@ec.gc.ca

Review of Scott Islands Protected Marine Area Regulations

Regulation

Enabling act

Canada Wildlife Act

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs Division
ReglementsFaune-WildlifeRegulations@ec.gc.ca

Review of Tributyltetradecylphosphonium Chloride (TTPC) Regulations

Regulation

Tributyltetradecylphosphonium Chloride (TTPC) Regulations

Enabling act

2-Butoxyethanol Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2018

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.Lebrun@ec.gc.ca

Year 8: Reviews in 2026–2027

Review of 2-Butoxyethanol Regulations

Regulation

Enabling act

Antarctic Environmental Protection Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2014

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.LeBrun@ec.gc.ca

Review of Antarctic Environmental Protection Regulations

Regulation

Enabling act

Antarctic Environmental Protection Act

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Last amendment in 2010

Contact

Mona Sidarous
National Director, Marine Programs Division
819-639-8911
mona.sidarous@ec.gc.ca

Review of Asbestos Mines and Mills Release Regulations

Regulation

Asbestos Mines and Mills Release Regulations

Enabling act

Gasoline and Gasoline Blend Dispensing Flow Rate Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Last review in 1994

Last amendment in 2000

Contact

Mining and Processing Division
ec.dmtdemandes-mpdrequests.ec@ec.gc.ca

Review of Gasoline and Gasoline Blend Dispensing Flow Rate Regulations

Regulation

Enabling act

Persistence and Bioaccumulation Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Stéphane Couroux
Director, Transport Division
infovehiculeetmoteur-vehicleandengineinfo@ec.gc.ca

Review of Persistence and Bioaccumulation Regulations

Regulation

Enabling act

Pulp and Paper Mill Defoamer and Wood Chip Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Korian Soumano
Acting Director, Regulatory Operations, Policy and Emerging Sciences Division
1-800-567-1999
substances@ec.gc.ca

Review of Pulp and Paper Mill Defoamer and Wood Chip Regulations

Regulation

Enabling act

Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
819-918-3778
caroline.blais@ec.gc.ca

Review of Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations

Regulation

Enabling act

Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
819-918-3778
caroline.blais@ec.gc.ca

Review of Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity

Regulation

Enabling act

Virtual Elimination List

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2019

Contact

Electricity and Combustion Division
ECD-DEC@ec.gc.ca

Review of Virtual Elimination List

Regulation

Enabling act

Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2009

Contact

Sarah Radovan
A/Director, Regulatory Innovation and Management Systems
613-818-5226
sarah.radovan@ec.gc.ca

Year 9: Reviews in 2027–2028

Review of Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

Regulation

Enabling act

International River Improvements Regulations

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Last amendment in 2021

Contact

Astrid Télasco
Director, Waste Reduction and Management Division
819-938-4478
astrid.telasco@ec.gc.ca

Review of International River Improvements Regulations

Regulation

Enabling act

International River Improvements Act

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Dr. Wayne Jenkinson P.Eng.
Executive Director, National Hydrological Services
343-573-1185
Wayne.Jenkinson@ec.gc.ca

Review of Meat and Poultry Products Plant Liquid Effluent Regulations

Regulation

Meat and Poultry Products Plant Liquid Effluent Regulations

Enabling act

Migratory Bird Sanctuary Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Last review in 1994

Never been amended

Contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
819-918-3778
caroline.blais@ec.gc.ca

Review of Migratory Bird Sanctuary Regulations

Regulation

Enabling act

Migratory Birds Convention Act, 1994

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Never been comprehensively amended

Contact

Caroline Ladanowski
Director, Wildlife Management and Regulatory Affairs Division
ReglementsFaune-WildlifeRegulations@ec.gc.ca

Review of PCB Regulations

Regulation

PCB Regulations

Enabling act

Prohibition of Certain Toxic Substances Regulations, 2012

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Last amendment in 2015

Contact

Astrid Télasco
Director, Waste Reduction and Management Division
819-938-4478
astrid.telasco@ec.gc.ca

Review of Prohibition of Certain Toxic Substances Regulations, 2012

Regulation

Enabling act

Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Last amendment in 2017

Administrative amendment in 2021

Contact

Maya Berci
Executive Director, Chemicals Management Division
613-614-3811
maya.berci@ec.gc.ca

Review of Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations

Regulation

Enabling act

Concentration of Phosphorus in Certain Cleaning Products Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2018

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.LeBrun@ec.gc.ca

Review of Concentration of Phosphorus in Certain Cleaning Products Regulations

Regulation

Enabling act

Microbeads in Toiletries Regulations

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Rationale for the review

ECCC will initiate a review of the Concentration of Phosphorus in Certain Cleaning Products Regulations.

Approach to the review

This review will cover all sections of the Regulations and will focus on issues related to their interpretation, specifically the definition of regulated products, concentration and exemptions. Following the internal review, ECCC plans to consult with cleaning product manufacturers and importers to fill information gaps and gather additional feedback. This information will be used to inform future action on the Regulations, including possible amendments.

Date of last review or amendment

Never been reviewed

Last amendment in 2019

Status of review

This review was postponed due to budget restraints, and will be started when resources become available, no earlier than 2027-2028.

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.LeBrun@ec.gc.ca

Review of Microbeads in Toiletries Regulations

Regulation

Enabling act

Solvent Degreasing Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Rationale for the review

The Microbeads in Toiletries Regulations were published in the Canada Gazette, Part II on June 14, 2017 to prevent the release of plastic microbeads from toiletries that wash down household drains and contribute to plastic pollution in our oceans, rivers and lakes. The types of toiletries covered include products used for exfoliating or cleansing such as bath and body products, skin cleansers and toothpaste.

Administrative amendments were made in 2021, however no comprehensive review has been completed to date.

Approach to the review

The review of the Microbeads in Toiletries Regulations will focus on issues related to the interpretation of the Regulations. Following an internal review, ECCC plans to consult with industry. This information will be used to inform future action on the Regulations.

Date of last review or amendment

Never been reviewed

Administrative amendments published in the Canada Gazette, Part II on March 31, 2021.

Status of review

This review was postponed due to budget restraints, and will be started when resources become available, no earlier than 2027-2028.

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.Lebrun@ec.gc.ca

Review of Solvent Degreasing Regulations

Regulation

Enabling act

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2018

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.LeBrun@ec.gc.ca

Review of Clean Fuel Regulations

Regulation

Clean Fuel Regulations

Enabling act

Disposal at Sea Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Paola Mellow
Executive Director, Low Carbon Fuels Division
Paola.mellow@ec.gc.ca

Year 10: Reviews in 2028–2029

Review of Disposal at Sea Regulations

Regulation

Enabling act

Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2014

Contact

Mona Sidarous
National Director, Marine Programs Division
819-639-8911
mona.sidarous@ec.gc.ca

Review of Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations

Regulation

Enabling act

Output-Based Pricing System Regulations

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Last amendment in 2022

Contact

Stéphane Couroux
Director, Transport Division
infovehiculeetmoteur-vehicleandengineinfo@ec.gc.ca

Review of Output-Based Pricing System Regulations

Regulation

Enabling act

Greenhouse Gas Pollution Pricing Act

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Last amendment in 2024

Contact

Kate Teeple
Director, Industrial GHG Emissions Management
819-938-5721
Katherine.teeple@ec.gc.ca

Review of Petroleum Refinery Liquid Effluent Regulations

Regulation

Petroleum Refinery Liquid Effluent Regulations

Enabling act

Fisheries Act

Rationale for the review

The Petroleum Refinery Liquid Effluent Regulations (PRLER) were finalized in 1973 under the Fisheries Act. The PRLER establish discharge limits for oil and grease, ammonia nitrogen, sulphides, total suspended matter, and phenols. The Regulations apply to petroleum refineries that commenced crude production after November 1, 1973. All refineries operating before November 1, 1973 are subject to the related Existing Petroleum Refinery Liquid Effluent Guidelines (EPRLEG) which were published at the same time as the Regulations.
The Regulations have not been amended since their implementation.

Approach to the review

An internal review and analyses will be conducted to assess the PRLER in their entirety. This review will compile and evaluate results of previous studies of the Regulations, publicly available information on the sector, and legislation from other domestic and international jurisdictions.

The key objective of the review is to determine if the PRLER are meeting their policy objectives appropriately and effectively.

Date of last review or amendment

Last review in 1994

Never been amended

Targeted completion date for review

N/A

Status of review

To be rescheduled (2028-2029)

Contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
819-918-3778
caroline.blais@ec.gc.ca

Review of Products Containing Mercury Regulations

Regulation

Products Containing Mercury Regulations

Enabling act

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

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Matt LeBrun
Director, Chemical Production and Products Division
373-571-1734
Matt.LeBrun@ec.gc.ca

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

Regulation

Enabling act

Wastewater Systems Effluent Regulations

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Draft amendments were published in the Canada Gazette, Part I, in December 2023.

Contact

Magda Little
Director, Oil, Gas and Alternate Energy Division
819-420-8047
FUELS-CARBURANTS@ec.gc.ca

Review of Wastewater Systems Effluent Regulations

Regulation

Enabling act

Weather Modification Information Regulations

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
819-918-3778
caroline.blais@ec.gc.ca

Review of Weather Modification Information Regulations

Regulation

Enabling act

Weather Modification Information Act

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2018

Contact

Nathalie Morin
Director General, Atmospheric Science and Technology
613-301-5925
Nathalie.morin@ec.gc.ca

Review of Metal and Diamond Mining Effluent Regulations

Regulation

Metal and Diamond Mining Effluent Regulations

Enabling act

Prohibition of Asbestos and Products Containing Asbestos Regulations

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Last amendment in 2018

Contact

Mining and Processing Division
mdmer-remmmd@ec.gc.ca

Review of Prohibition of Asbestos and Products Containing Asbestos Regulations

Regulation

Enabling act

Off-Road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engines

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Maya Berci
Executive Director, Chemicals Management Division
613-614-3811
maya.berci@ec.gc.ca

2029–2030

Review of Off-Road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engines

Regulation

Enabling act

Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector)

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Last amendment in 2022

Contact

Stéphane Couroux
Director, Transport Division
infovehiculeetmoteur-vehicleandengineinfo@ec.gc.ca

Review of Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector)

Regulation

Enabling act

Single-use Plastics Prohibition Regulations

Information linked to the Forward Regulatory Plan (FRP)

The regulations have a proposed initiative on the Forward Regulatory Plan.

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Magda Little
Director, Oil, Gas and Alternate Energy Division
819-420-8047
FUELS-CARBURANTS@ec.gc.ca

Review of Single-use Plastics Prohibition Regulations

Regulation

Enabling act

Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List

Information linked to the Forward Regulatory Plan (FRP)

n/a

Date of last review or amendment

Never been reviewed

Never been amended

Contact

Tracey Spack
Director, Plastics Regulatory Affairs Division
613-355-0303
Tracey.spack@ec.gc.ca

Section 4: Regulatory reviews not required

Review of Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List

Regulation

Enabling act

Perfluorooctane Sulfonate Virtual Elimination Act

Rationale for the review

The Perfluorooctane Sulfonate Virtual Elimination Act required the Minister of the Environment and the Minister of Health to make regulations, within nine months after the coming into force of the Act, to add perfluorooctane sulfonate (PFOS) and its salts to the Virtual Elimination List, compiled under subsection 65(2) of the Canadian Environmental Protection Act, 1999 (CEPA).

The Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List came into force on January 13, 2009. The objective of the regulations was strictly to add PFOS and its salts to the Virtual Elimination List; the regulations do not require any actions to be taken by stakeholders. The regulations were published in the Canada Gazette with the opportunity to provide comments during a 30-day period. No comments were received.

The Perfluorooctane Sulfonate Virtual Elimination Act and the Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List are considered spent, as the only thing they were intended for was to add PFOS and its salts to the Virtual Elimination List, and which has been completed.

Approach to the review

A review of these regulations is not required as the Perfluorooctane Sulfonate Virtual Elimination Act, and, as a result, the regulations made under that Act, are proposed to be repealed. The plan to repeal the Perfluorooctane Sulfonate Virtual Elimination Act was part of the title of Bill C-28 “An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act. It is now part of the Bill S-5 that was proposed on February 9, 2022.

Date of last review or amendment

Never been reviewed

Never been amended

Targeted completion date for review

N/A

Status of Review

N/A as no review is required.

Outcome of the review

These Regulations are proposed to be repealed under the Bill S-5

Further Information

N/A

Contact

Maya Berci
Executive Director, Chemicals Management Division
613-614-3811|
maya.berci@ec.gc.ca

Review of Renewable Fuels Regulations

Regulation

Renewable Fuels Regulations

The Clean Fuel Regulations (CFR) replaced the current federal Renewable Fuels Regulations (RFR). The last compliance period under the RFR was 2022. The Clean Fuel Regulations were registered and came into force on June 21, 2022, followed by publication in Canada Gazette, Part II on July 6, 2022.

Enabling act