Waste and environmental stewardship: Appearance before the Standing Committee – December 14, 2023

Contaminated sites

Q1. What is the Federal Contaminated Sites Action Plan (FCSAP)?

• The Federal Contaminated Sites Action Plan (FCSAP) is the Government’s core program for managing federal contaminated sites. It was established in 2005.
• The program was renewed from 2020-2035 and provided $1.16B in funding from 2020-21 to 2024-25.
• This program reduces risks to Canadians and the environment. It also supports other government priorities such as skills development, training, and employment of Canadians, including in Indigenous communities and in northern and rural areas.
• 19 federal departments, agencies and Crown corporations currently receive funding under the Federal Contaminated Sites Action Plan.

Q2. How is the Government addressing contaminated sites affecting Indigenous peoples?

• Through the Federal Contaminated Sites Action Plan (FCSAP) the government is addressing federal contaminated sites affecting Indigenous peoples, including sites on reserve lands and in the North.
• When the Government renewed the FCSAP in 2019 it expanded program parameters to accelerate the clean-up of federal sites located on Indigenous reserves and in the North.
• The renewed program supports reconciliation by:
  • Reducing on-reserve contamination and associated liability;
  • Increasing engagement and participation of Indigenous peoples regionally and locally in prioritizing and planning remediation projects;
  • Providing greater opportunities for Indigenous workers and businesses in service-delivery contracts with the federal government.
• The Prime Minister’s Mandate Letter to ECCC is challenging the government to do even more to identify and prioritize the clean-up of contaminated sites in areas where Indigenous, racialized, and low-income Canadians live. Options are being explored to determine how best to address contaminated sites affecting these groups of Canadians.

Q3. What is the role of Environment and Climate Change Canada with respect to contaminated sites?

• ECCC has 3 roles:
  • provides government-wide leadership and guidance for federal contaminated sites and, along with Treasury Board Secretariat, serves as the Secretariat for the horizontal Federal Contaminated Sites Action Plan;
  • provides expert technical support and advice to federal custodians; and
  • assesses and remediates contaminated sites under its responsibility.

Q4. How are contaminated sites managed in the North?

• The Federal Contaminated Sites Action Plan provides funding to federal organizations that have contaminated sites in the North.
• Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) provides overall leadership for contaminated sites in the North.
• CIRNAC’s Northern Abandoned Mine Reclamation Program, approved in 2019, addresses the 8 largest and highest-risk abandoned mines in the Yukon and the Northwest Territories, which include the Faro and Giant Mines.

Q5. What role does Environment and Climate Change Canada play in the restoration of the G&R Recycling site?

• The Federal Government is working closely with Kanesatake to find a path forward to remediate the site.
• Indigenous Services Canada is leading these efforts, with support from Environment and Climate Change Canada.

Q6. What progress has been made to address federal contaminated sites?

• The Federal Contaminated Sites Inventory contains more than 24,000 sites.
• Out of these 24,000 sites, more than 18,000 have been closed since 2005.

Elk Valley

Q1. What is the government doing to address pollution from coal mines in the Elk Valley?

• The Government of Canada is committed to preventing and managing pollution from industrial sectors.
• On March 26, 2021, following an investigation by Environment and Climate Change Canada, Teck Coal Limited was ordered to pay a total of $60 million in fines and monetary court orders after a guilty plea was entered on two counts of unlawfully depositing a deleterious substance into waters frequented by fish, contrary to S.36 (3) of the Fisheries Act. Two million dollars of the fine was paid to the Receiver General, and $58 million was directed to the Environmental Damages Fund, which will be used for priority projects that benefit fish and fish habitat in the Elk Valley and Kootenay Region. In addition to the penalty, the company must also comply with a Fisheries Act Direction, which requires the development of various measures to prevent further pollution. This sentence is the highest ever imposed by a court for pollution in violation of the Fisheries Act.
• The Government of Canada is developing the Coal Mining Effluent Regulations (CMER) under the Fisheries Act. The proposed Regulations are targeted for publication in the Canada Gazette, Part I in 2024, for a 60-day consultation period, with final regulations following about a year later in 2025.
• The CMER will manage threats to fish and fish habitat from coal mining effluent by setting national effluent quality standards.

Q2. What is the relationship between the possible regulations and the Ktunaxa Nation Council’s request for an International Joint Commission reference?

• The Government of Canada is dedicated to ensuring Canada’s freshwaters including boundary and transboundary waters, are treated as precious resources that deserve protection and careful stewardship.
• We know that concerns have been raised by the Ktunaxa Nation, on both sides of the Canada-U.S. border, and by U.S. federal and state officials regarding transboundary water pollution from coal mines in the Elk Valley. Along with interest in the proposed regulations, these parties have also requested a joint Canada-U.S. reference to the International Joint Commission (IJC).
• Canada is actively engaging on the Prime Minister and President of the United States Leaders’ statement committing to reach an agreement in principle to mitigate the impacts of water pollution in the Kootenay watershed, in partnership with Tribal Nations and Indigenous peoples.
• ECCC is developing Coal Mining Effluent Regulations (CMER) under the federal Fisheries Act. The Regulations will manage threats to fish and fish habitat from coal mining effluent by setting national effluent quality standards. Once finalized, the proposed CMER would limit the release of deleterious substances from coal mines in Canada, including in the Elk Valley, and require data collection. Concerns leading to calls for an IJC reference are broader in scope than what CMER proposes to address, and officials are in discussions with partners regarding those concerns.
• ECCC is engaging with the Ktunaxa Nation Council (KNC) on key provisions of the regulatory proposal for the Elk Valley and will continue collaborative work to address water quality issues in the region.

Environmental Damages Fund

Q1. What is the Environmental Damages Fund?

• The Environmental Damages Fund (EDF) is a specified purpose account administered by Environment and Climate Change Canada (ECCC) to direct funds received from fines, court orders and voluntary payments to priority projects that will benefit Canada’s natural environment.
• The purpose of any contribution to the EDF is to restore the environment and conserve wildlife and habitats in a scientifically sound, cost-effective and technically feasible way.
• Fines directed to the EDF are used to fund projects that focus on four categories (with restoration as the priority): environmental restoration, environmental quality improvement, research and development, and education and awareness.
• 14 federal statutes automatically direct fines to the EDF including the Canadian Environmental Protection Act, 1999 (CEPA), Migratory Bird Convention Act, 1999 (MBCA), Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA), Canada Wildlife Act (CWA), and the Fisheries Act (FA); 5 federal statutes include discretionary clauses directing fines/penalties to the EDF (e.g. Canadian Energy Regulator Act).

Q2. Who is eligible to apply for funding from the Environmental Damages Fund?

• Eligible applicants are not-for profit organizations which includes:
  • Non-governmental organizations (e.g environmental community groups);
  • Universities and academic institutions;
  • Indigenous organizations; and,
  • Provincial, territorial and municipal governments.

Individuals, businesses, and/or other federal departments or agencies are not eligible to apply for funding but are encouraged to partner with eligible applicants.

Q3. How much funding was made available under the Climate Action and Awareness Fund?

• In September 2020, ECCC announced the Climate Action and Awareness Fund (CAAF), its funding parameters, and that the Fund would be investing up to $206 million over five years to support projects that contribute to net-zero GHG emissions by 2050. The Government of Canada’s Environmental Damages Fund is the main source of funding for the Climate Action and Awareness Fund, which was created from the historic $196.5 million fine paid by Volkswagen Aktiengesellschaft (Volkswagen AG) for circumventing Canada’s environmental protection rules.
• The Climate Action and Awareness Fund has four tranches: support youth awareness and engagement, support community-based climate action, support climate research at Canadian think tanks and in academia, and advance climate change science and technology.

Q4. How much funding has been allocated to projects under the four tranches of the Climate Action and Awareness Fund?

• In fall 2020 and winter 2022, under the tranche to support community-based climate action, $58 million was allocated to 67 projects that will support and encourage climate action at the community scale across Canada.
• In summer 2020, under the tranche to support youth climate awareness and engagement, $37.8 million was allocated to ten projects that will inform and engage youth in science-based activities and learning opportunities to foster a connection with their natural environment and encourage real action to fight climate change.
• In spring 2021, under the tranche to advance science and technology to fight climate change, $58.4 million was allocated to 24 projects that will strengthen Canada’s science knowledge and be used to identify, accelerate, and evaluate actions leading to net-zero greenhouse gas emissions.
• In summer 2022, under the tranche to support climate research at Canadian think tanks and academic institutions, $9.9 million was allocated to 16 projects that support climate research and analysis for achieving net-zero greenhouse gas emissions.
• In fall 2023, under the tranche to support community-based climate action, an expression of interest intake was launched to allocate $12.5 million to fund environmental literacy projects through an innovative funding partnership with philanthropic partners. This envelop includes $2.5 million dedicated to Indigenous-led initiatives. Projects are currently under assessment.

Q5. How much money was made available in 2023 in public calls for proposals from the Environmental Damages Fund?

• In 2023-24, the Environmental Damages Fund launched two calls for proposals. On May 31, a call for proposals was launched offering $12.9 million for projects that benefit Canada’s natural environment. Proposals have been reviewed and applicants will soon be notified of funding decisions.
• On October 4 2023, under the tranche to support community-based climate action, an expression of interest intake was launched to allocate $12.5 million to fund environmental literacy projects through an innovative funding partnership with philanthropic partners. On October 11, a call for proposals was launched in the province of Quebec for projects that will reduce transportation-related air pollution. Projects are currently under assessment.

Q6. How much money has been allocated in 2023, so far, to projects that will benefit Canada’s natural environment?

• In 2023-2024, the Environmental Damages Fund has allocated over $2.8 million to four projects across Canada that will support restoration of damage to the natural environment and wildlife conservation. Also, $1.8 million has been allocated from the Climate Action and Awareness Fund to fund two projects that support sustainable finance.

Q7. What kind of projects does the EDF fund?

• The EDF funds a variety of projects under its four key priorities of restoration environmental quality improvement, research and development, and education and awareness. Examples of potential projects include:
  • Re-establishing potential spawning and rearing habitat for Brook Trout and Atlantic Salmon.
  • Stabilizing stream banks and planting trees along a river’s edge to restore disturbed habitat.
  • Improving riparian zones to restore streams that were compromised by terrestrial activities.
  • Restoring streams for overall water quality improvement and better habitat for aquatic species also improving wildlife habitat.
  • Reducing the quantity of toxins entering waterways.
  • Investigating the impacts of offshore oil and gas activities on seabirds.
  • Gathering baseline data on a marine species for the purpose of damage assessment in the event of habitat contamination.
  • Constructing and installing an artificial reef to study how artificial aquatic habitat can be colonized following habitat disturbances.
  • Training local groups and volunteers in restoration activities to protect the environment.
  • Raising public awareness of environmental regulations to improve compliance.

Q8. When is EDF funding made available?

• The EDF typically posts two calls for proposals each year. Funding is available publicly via the Canada.ca website.

Q9. How much EDF funding is made available?

• Available funding varies according to the number of total amounts of fines, penalties, and voluntary contributions directed to the EDF following infractions to environmental legislations. In its sentencing decision, the court may recommend the recipient, location, and scope of a project to be funded by the fine. This information is considered in the assessment of the fine and in the development of the Fund Use Requirement.

Q10. What are some examples of fines paid to the EDF?

• Fines are published on the Canada.ca website.
• The EDF receives a variety of fines under different environmental acts. Examples of incidents that resulted in fines being directed to the EDF include:
  • Fisheries Act:
    • Depositing or permitting the deposit of a deleterious substance in water frequented by fish, or in any place where the substance may enter any such water.
    • Example: On June 16, 2022, Nova Scotia Power Incorporated was sentenced in the Provincial Court of Nova Scotia and ordered to pay $175,000 after pleading guilty to one charge under the Fisheries Act. The charge relates to an oil spill into Tufts Cove (a part of the Halifax Harbour) that occurred on August 2, 2018. The fine will be directed to the Government of Canada’s Environmental Damages Fund.
  • Canadian Environmental Protection Act, 1999:
    • Violating PCB Regulations.
    • Example: On October 21, 2022, 9187‑3125 Québec Inc. (operating as Action-Éco Environnement) was fined $15,000 by the Court of Quebec at the Shawinigan courthouse after pleading guilty to one count of violating the PCB Regulations. The fine will be directed to the Environmental Damages Fund. The court also prohibited the company from performing any act or activity involving chlorobiphenyls (PCBs) or products containing them for the next five years.
  • Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act:
    • Importing a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) protected species without a permit.
    • Example: On December 23, 2022, Ocean Seafood Company met the conditions of an alternative measures agreement, which was reached after the company was charged with an offence under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). As part of the agreement, the company has made a contribution of $30,000 to the Government of Canada’s Environmental Damages Fund.
  • Migratory Bird Convention Act, 1994:
    • Illegal hunting or possession of migratory birds.
    • Example: On September 29, 2021, two hunters from Rencontre East, Newfoundland and Labrador, were each sentenced to pay $5,000 after pleading guilty to one charge each under the Migratory Birds Convention Act, 1994 in the Grand Falls-Windsor Provincial Court, Newfoundland and Labrador. The total fines will be directed to the Government of Canada’s Environmental Damages Fund.
  • Canada Wildlife Act:
    • Conducting industrial activity in a National Wildlife Area.
    • Example: On June 10, 2019, Athabasca County, a municipal district in Alberta, pleaded guilty to violating the Wildlife Area Regulations, contrary to the Canada Wildlife Act. Athabasca County was ordered to pay a penalty of $300,000, which will be directed to the Government of Canada’s Environmental Damages Fund.

Q11. What are some examples of projects that have been funded and recently closed that have resulted in positive environmental outcomes?

• Under the EDF project priority for restoration, the project entitled “Invasive alien plant (IAP) control and restoration of the Provancher Society’s exceptional territories” led by Société Provancher, received $35,000 to restore and protect habitats on the sites managed by Société Provancher through the control of invasive species, especially common reeds and Japanese knotweed. The project funding originated from penalties imposed under the Canadian Environmental Protection Act, 1999. The project outcomes include 157 hectares preserved and monitored for invasive alien plants, 35 hectares restored, three plans and reports were developed and disseminated to provide recommendations for the control of invasive alien plants, and 95 people were educated and trained on invasive and alien species detection. The two-year project closed in 2021.
• Under the priorities of restoration and research and development, the project entitled “Restoration of Peatland Ecosystems Impacted by Linear Disturbances within Subwatersheds of the North Saskatchewan River Watershed, Alberta, Canada”, led by University of Waterloo, received $200,000 under the Canadian Environmental Protections Act following a hydrochloric acid spill in the North Saskatchewan River Watershed to projects that aimed to conserve, restore and protect the impacted environment. This research project piloted peatland restoration and management by testing and developing novel restoration techniques. Also, the project resulted in restored and biodiverse peatlands at the test site, and a series of studies and techniques that have advanced Canada’s ability to preserve and protect peatlands, which sequester carbon and water. The three-year project closed in 2021.
• Under the priority of education and awareness, the project entitled “Common Ground – Empowering Nature-Based Climate Action in Forest-Dependent Communities of the Maritimes”, led by Community Forests International (CFI), received $381,550 under the Canadian Environmental Protection Act following the Volkswagen AG offense. With its partners, CFI organized 26 forest days, illustrating the diversity of the Wabanaki-Acadian Forest in the Maritime provinces and the work required to care for it. Partners organized eight technical workshops to educate participants on topics from tree planting and carbon accounting to traditional maple harvesting and produced videos, podcasts, and webinars. Over 38,000 individuals were reached or engaged in this project. The two-year project closed in 2023.

Environmental justice and right to a healthy environment

Q1. What would Private Member’s Bill C-226 National Strategy to Assess, Prevent and Address Environmental Racism and Advance Environmental Justice do? Would it meet the Minister’s mandate letter commitment to “introduce legislation to require the development of an environmental justice strategy”?

• The Bill, if passed, would create a new Act requiring the Minister of Environment and Climate Change to develop a national strategy to promote efforts across Canada to advance environmental justice and to assess, prevent and address environmental racism. This would be done in consultation with interested parties, and in a manner consistent with Canada’s recognition of the rights of Indigenous peoples.
• The Bill’s approach aligns with the Minister’s mandate letter commitment and the Government has indicated its support of the Bill.

Q2. What is a right to a healthy environment?

• For the first time in a federal statute in Canada, CEPA recognizes that every individual in Canada has a right to a healthy environment as provided under the Act. Having a right to a healthy environment means having an environment that is clean, healthy, and sustainable.
• As the right is a new concept in federal law and policy, Bill S-5 required that the right be elaborated in an implementation framework to be developed within two years from the date of Royal Assent. The implementation framework, which will be developed in consultations with Canadians, will ensure that the right is meaningful in the CEPA context.

Q3. How will the right to a healthy environment impact individuals in Canada?

• It will establish a new lens for decision making under CEPA by introducing a requirement to consider the right as programs that aim to prevent harm from pollution, make decisions about how to assess the risks, implement actions to address them, report and monitor on the results. The goal is to complement existing mechanisms and provide for meaningful implementation and continual, progressive improvement in protecting all individuals in Canada and the environment.

Q4. How will a Right to a Healthy Environment implementation align with the development of the proposed National Strategy to Assess, Prevent and Address Environmental Racism and Advance Environmental Justice?

• Private Members Bill C-226 was introduced in February 2022 and once passed, would require the development of a National Strategy to Assess, Prevent and Address Environmental Racism and Advance Environmental Justice.
• That strategy is separate from a Right, which applies specifically to CEPA, and which will consider environmental justice as a key principle in the development of the implementation framework.
• As officials engage on the development of implementation framework under CEPA, feedback and input received may also be used to inform the development of the national strategy on environmental justice.

Potential oil sands mining effluent regulations

Q1. Is the government developing regulations to allow oil sands mines to release effluent to the Athabasca River?

• Oil sands mines generate process water and tailings that are stored in tailings ponds. These tailings ponds are continually growing and over time will reach their capacity and create challenges for land reclamation.
• The Government of Canada is exploring options to manage the accumulation of oil sands mine water from oil sands operations in tailings ponds. One of the options under consideration is the development of regulations to allow releases of treated effluent to the Athabasca River and its tributaries.
• If regulations were to be developed, they would impose strict protective standards based on the best available scientific information and Indigenous knowledge.
• ECCC is also exploring alternatives to the release of treated effluent to ensure that all options are considered before a decision is made on the path forward.

Q2. Are Indigenous communities being consulted on the regulations?

• Environment and Climate Change Canada has launched a Crown-Indigenous Working Group with nine First Nations and Métis communities in the oil sands region.
• Through this group, Environment and Climate Change Canada and Indigenous communities are working together to develop materials and recommendations towards establishing a potential regulatory approach for oil sands mining effluent regulations, including assessment of alternatives to effluent release.
• Recommendations on potential regulations will ensure that they are protective of the environment and human health and minimize or avoid potential impacts to Indigenous rights.
• Environment and Climate Change Canada is also engaging with Indigenous groups bilaterally to discuss potential impacts to Treaty and Aboriginal rights.

Single-use plastics

Q1. What are single-use plastics?

• Single-use plastics are designed to be used once or for a short period of time before they are discarded. They will often lose their functionality, capacity or quality if used multiple times. The term “disposable plastic” is used interchangeably with “single-use plastic”.

Q2. Why did Canada ban or restrict certain single-use plastics?

• In October 2020, the Government of Canada released a Science Assessment of Plastic Pollution. The Science Assessment presents a thorough scientific review of the occurrence and potential impacts of plastic pollution on human health and the environment. The Assessment found that plastic pollution is everywhere - in the air, water, and land - and macroplastic pollution (greater than 5mm in size) harms wildlife and damages habitats. The Science Assessment concluded that, in accordance with the precautionary principle, action is needed to reduce plastics that end up in the environment.
• Single-use plastic items and packaging are of the most common plastic pollution items found littering shorelines and beaches in Canada and around the world. Plastic packaging is also the largest contributor of plastic waste globally and in Canada representing more than half (52%) of Canada’s plastic waste in 2019.
• Canadians also called for the Government to take action on plastic pollution. In 2020, a survey by Abacus Data indicated that 86% of Canadians supported a federal ban on harmful single-use plastics, an increase from the 81% support rate from the previous year (2019).
• Prevention is the most effective way to reduce plastic waste and pollution. That is why as part of Canada’s evidence-based and comprehensive plan to reduce plastic pollution and move towards a circular plastics economy, the Government took preventative action by eliminating certain single-use plastics that are commonly found in the environment as pollution, pose a threat to wildlife and their habitats, are difficult to recycle and have readily available alternatives.

Q3. How does the recent Federal Court decision affect the Single-use Plastics Prohibition Regulations?

• The Government of Canada is currently carefully reviewing the Federal Court’s judgment in detail and assessing implications for the Single-use Plastics Prohibition Regulations.
• The government intends to [appeal] the Federal Court’s decision and we are exploring all options to continue leading the fight against plastic pollution.
• In 2022, the Government of Canada introduced these Regulations to phase-out six categories of harmful single-use plastic items that have readily available alternatives. Businesses across the country have stepped up and successfully transitioned to sustainable alternatives. This has already led to significant reductions in plastic pollution.
• Plastic pollution is harming wildlife and their habitats. The Government of Canada will continue to advance actions to prevent plastic pollution and waste, and Environment and Climate Change Canada remains committed to implementing a comprehensive and science-based approach to reduce plastic pollution and move toward a circular economy.

Q4. What else is the Government of Canada doing to address the environmental harm from single-use plastics?

• The Government will continue to conduct and support plastics science and monitor Canadian pollution data and other sources of information to inform actions and measure progress over time. We will continue to work with partners and stakeholders to identify additional areas where action is needed.
• The Government of Canada works with provincial and territorial governments, through the Canadian Council of Ministers of the Environment (CCME), towards its shared vision of a zero plastic waste future where plastics stay in the economy and out of the environment. Together we developed a Canada-wide Strategy on Zero Plastic Waste and Action Plan and are implementing targeted actions to reduce plastic waste and pollution.
  • As part of this work, we, along with our provincial and territorial counterparts through the CCME, published A Roadmap to Strengthen the Management of Single-Use and Disposable Plastics. This document is another tool to guide the prioritization and management of single-use and disposable plastic items.

Q5. What else is the Government of Canada doing to address plastic pollution at large?

• The Government of Canada is implementing an ambitious, evidence-based and comprehensive plan to reduce plastic pollution and move towards a circular plastics economy through a range of complementary actions across the plastics lifecycle.
• The comprehensive plan includes conducting and investing in science to inform actions and measure progress over time, including through the development of a federal plastics data inventory to provide consistent and robust plastic data.
• The Government of Canada is taking targeted action, in alignment with the waste hierarchy, to improve how plastics are made, used, and managed to keep them in the economy and out of the environment. This includes enabling innovations and sector, product, and value chain-based solutions for a systematic shift towards a circular economy; greening operations and procurement; and addressing plastic pollution, including through the prevention and removal of ghost gear.
• By reducing plastic pollution and keeping plastics in the economy and out of the environment, we can strengthen sustainable economies, grow jobs, help fight climate change, and protect biodiversity and the environment.

Q6. Are the Single-Use Plastics Prohibitions Regulations still in place?

• In 2022, as part of Canada’s evidence-based and comprehensive plan to reduce plastic pollution, the Government introduced the Single-use Plastics Prohibition Regulations to phase-out six categories of single-use plastics that are commonly found in the environment as pollution, pose a threat to wildlife and their habitats, are difficult to recycle and have readily available alternatives.
• The regulations are in force and have spurred businesses across Canada to elevate their efforts and successfully transition to sustainable alternatives, including the adoption of reusable items.
• If additional information is needed on next steps
  • We recognize that the current situation leaves some uncertainty; this is why, on December 8, the Government filed an appeal of the Federal Court’s recent decision concerning the listing of plastic manufactured items within the Canadian Environmental Protection Act, 1999.
  • The science it clear: plastic pollution is everywhere and it harms wildlife and damages habitats. Emerging science continues to show that people are exposed to microplastics through the air, water, soil, and even the food they eat. Canadians do not want plastic polluting their communities and they want the government to take action.
  • The Government of Canada will keep working with provinces, territories, civil society, Indigenous partners, industry, and others to improve how plastic is made, used, and managed in Canada and explore all options to continue leading on the fight against plastic pollution.