Canadian Environmental Protection Act: equivalency agreements
Section 10 of the Canadian Environmental Protection Act, 1999 (CEPA) authorizes the Minister of the Environment to enter into an equivalency agreement with a province, territory or aboriginal government if the minister and the government of the other jurisdiction agree, in writing, that there are in force under the laws applicable in that jurisdiction:
- provisions that are equivalent to a regulation made under CEPA
- provisions similar to sections 17 to 20 of CEPA allowing for citizens to request investigation of alleged offences
Where such an agreement has been entered into with another government, the Governor in Council may make an order declaring that the provisions of the CEPA regulations that are the subject of the equivalency agreement do not apply in the jurisdiction of that government.
The intent of equivalency agreements is to minimize the duplication of environmental regulations. The minister is responsible for reporting annually to Parliament on the administration of equivalency agreements.
Existing equivalency agreements under CEPA are listed below.
Alberta
- Equivalency Agreements made for the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)
- Agreement on the equivalency of federal and Alberta regulations respecting the release of methane from the oil and gas sector in Alberta, 2020
- This agreement was signed on October 7, 2020, and came into force on October 26, 2020. This agreement will expire on October 26, 2025.
- Agreement on the equivalency of federal and Alberta regulations respecting the release of methane from the oil and gas sector in Alberta, 2020
- An agreement on the equivalency of federal and Alberta regulations for the control of toxic substances in Alberta
- This agreement was signed on June 1, 1994 and came into effect on December 28, 1994. The following CEPA regulations no longer apply in Alberta:
- Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations (all sections)
- Pulp and Paper Mill Defoamer and Wood Chips Regulations (Sections 4(1), 6(2), 6(3)(b), 7 and 9)
- Secondary Lead Smelter Release Regulations (all sections)
- Vinyl Chloride Release Regulations, 1992 [Repealed] (all sections)
- This agreement was signed on June 1, 1994 and came into effect on December 28, 1994. The following CEPA regulations no longer apply in Alberta:
- Alberta equivalency order
British Columbia
- Equivalency Agreements made for the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)
- Agreement on the equivalency of federal and British Columbia regulations respecting the release of methane from the oil and gas sector in British Columbia, 2020
- This agreement was signed on February 26, 2020, and came into force on March 25, 2020. This agreement will expire on March 25, 2025
- Agreement on the equivalency of federal and British Columbia regulations respecting the release of methane from the oil and gas sector in British Columbia, 2025
- The agreement will end 5 years after the date of its coming into force unless terminated early by either party with at least 3 months' notice
- Agreement on the equivalency of federal and British Columbia regulations respecting the release of methane from the oil and gas sector in British Columbia, 2020
Nova Scotia
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This agreement was signed on November 14, 2019 and comes into force on January 1, 2020. On that date, the following CEPA regulations continue to no longer apply in Nova Scotia:
This agreement was signed on December 7, 2024. It comes into force on January 1, 2025. This agreement expires on December 31, 2029.
Saskatchewan
- Equivalency Agreements made for the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)
- Agreement on the equivalency of federal and Saskatchewan regulations respecting the release of methane from the oil and gas sector in Saskatchewan, 2025
- This agreement came into force on January 1, 2025. This agreement expires on December 31, 2029
- Agreement on the equivalency of federal and Saskatchewan regulations respecting the release of methane from the oil and gas sector in Saskatchewan, 2020
- This agreement was signed on September 29, 2020, and came into force on January 1, 2020. This agreement will expire on December 31, 2024
- Agreement on the equivalency of federal and Saskatchewan regulations respecting the release of methane from the oil and gas sector in Saskatchewan, 2025
- Equivalency Agreements made for the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations
- An agreement on the equivalency of federal and Saskatchewan regulations for the control of greenhouse gas emissions from the electricity producers in Saskatchewan, 2025
- This agreement was signed on November 29, 2024. It comes into force on January 1, 2025. This agreement expires on December 31, 2026
- Summary of comments on greenhouse gas emissions from electricity producers in Saskatchewan, 2025
- An agreement on the equivalency of federal and Saskatchewan regulations for the control of greenhouse gas emissions from the electricity producers in Saskatchewan, 2025
- 2020-2024
- An agreement on the equivalency of federal and Saskatchewan regulations for the control of greenhouse gas emissions from the electricity producers in Saskatchewan
- This agreement was signed on May 3, 2019, and came into force on January 1, 2020. This agreement will expire on December 31, 2024
- Summary of comments on greenhouse gas emissions from electricity producers in Saskatchewan
- An agreement on the equivalency of federal and Saskatchewan regulations for the control of greenhouse gas emissions from the electricity producers in Saskatchewan
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