CEPA Part VII: general information
The Canadian Environmental Protection Act (CEPA) Part VII contains general provisions respecting the establishment of boards of review, enforcement of, and compliance with, the act and intergovernmental administrative agreements.
The public may file a "notice of objection" respecting certain decisions or proposed regulations. Under procedures set out in Part VII of CEPA, a Board of review may be established to examine a notice of objection.
During 1995-96, no Notices of objection were received and, therefore, no Boards of review were established.
Environmental legislation seeks to safeguard a healthy environment and promote sustainable development. Compliance with the law is mandatory and most Canadians comply with legislation voluntarily. Environment Canada uses both enforcement and compliance promotion to motivate compliance with environmental legislation.
CEPA provides for enforcement powers, including powers to inspect, search for and seize evidence, issue directions, and prosecute for offences with penalties that include fines, jail sentences or court orders. Proposed amendments to CEPA will provide a more flexible means of penalizing violators in proportion to the seriousness of the offence.
CEPA’s Enforcement and Compliance Policy establishes principles for fair, predictable and consistent enforcement. It informs all parties who share responsibility for protecting the environment - governments, industry, organized labour and individuals - about what is expected of them and what to expect from the officials who promote compliance and enforce regulations.
Compliance means the state of conformity with the law. CEPA provides for a variety of mechanisms to verify compliance, including inspection, taking of samples, auditing of reports, responding to tips, self-reporting and investigations.
Inspection programs verify compliance with the laws and their regulations. Regular inspections are carried out according to an annual National Inspection Plan which identifies the quantity and types of inspections and monitoring activities to be carried out each year. Inspections are also conducted in response to spills, tips and complaints. When violations occur, detailed investigations are undertaken to gather evidence and information in order to make a decision on the appropriate action.
Action is necessary in situations where there is non-compliance with the legislation and may include:
- verbal and/or written warnings;
- inspector’s directions or orders from the Minister;
- increased regulatory burden (e.g., more stringent reporting and inspection requirements);
- injunctions;
- licensing sanctions (e.g., increased restrictions and suspensions);
- criminal prosecutions; and
- civil suits by the Crown to recover costs.
| Regulations | Inspections | Investigations | Government warnings | Other warnings | Directions | Prosecutions | Convictions | Acquittals/ withdrawals |
|---|---|---|---|---|---|---|---|---|
| PCB Material Storage | 338 | 7 | 13 | 49 | - | 1 | 1 | - |
| Chlorobiphenyls | 101 | 3 | - | - | - | 1 | - | - |
| PCB Waste Export | 11 | - | - | 1 | - | - | - | - |
| PCB Destruction | 10 | 1 | - | - | - | - | - | - |
| Secondary Lead | 37 | - | - | - | - | - | - | - |
| Vinyl Chloride | 5 | 3 | - | - | - | - | 1 | - |
| Asbestos Mines and Mills Release | 28 | - | - | - | - | - | - | - |
| Chlor-alkali Mercury Release | 2 | - | - | - | - | - | - | - |
| Domestic Substances List | 3 | - | - | - | - | - | - | - |
| Gasoline | 6 | - | - | - | - | - | 1 | - |
| Ozone-depleting Substances | 30 | 8 | - | 4 | - | - | - | - |
| Ozone-depleting Products | 109 | 6 | - | 4 | - | 3 | 4 | 1 |
| Ocean Dumping | 81 | - | - | 7 | - | 1 | - | - |
| Export/Import of Hazardous Wastes | 158 | 15 | - | 4 | - | 9 | 1 | - |
| Phosphorus Concentration | 17 | - | - | 1 | - | - | - | - |
| Dioxins and Furans | 14 | 3 | - | 3 | - | - | - | - |
| Defoamer and Wood Chips | 6 | - | - | - | - | - | - | - |
| Toxic Substances Export Notification | 5 | - | - | - | - | - | - | - |
| Others | 2 | - | - | - | - | - | - | - |
| Sub-Total | 963 | 46 | 13 | 74 | 0 | 15 | 8 | 1 |
| Files Closed | - | 48 | - | - | - | - | - | - |
| Total | 963 | 94 | 13 | 74 | 0 | 15 | 8 | 1 |
| Region | Name of individual or company | Status | Offence date and location | Date charged | Regulations and offence | Court date |
Result | Penalty | Notes |
|---|---|---|---|---|---|---|---|---|---|
| Atlantic | Werner's Wholesale Group Inc./Société de Commerce en Gros Werner Inc. (D.S. Fraser) (This file consists of 3 distinct prosecutions in 3 different geographic locations) |
Concluded | 95/04/24-95/10/20 (Fredericton) 95/05/08-95-10/20 (Moncton) 95/10/06-95/10/20 (Dartmouth) |
96/01/15 | Ozone-depleting Substances Products Regulations 7 Counts 11 Counts 3 Counts |
96/03/27 | Guilty Plea |
$9,000 Fine |
The company pleaded guilty to a total of ten charges - nine for selling the product and one for offering the product for sale. A court order was issued directing Werner's Wholesale Group Inc. to be responsible for disposing of the products in an environ- mentally safe and acceptable manner. |
| Quebec | Narinder Nath carrying on business as Exporteurs et Importeurs Nath 10500 L'Acadie Blvd, Montreal |
For Trial | 93/12/15 and 94/12/22 |
95/10/08 | Export and Import of Hazardous Waste Regulations (EIHWR) 26 Counts |
96/08/16 | Allegedly exported zinc wastes in 12 instances in the Port of Montreal without giving prior notice. | ||
| Quebec | Metalchem Inc. 1725, Washington Rd. USA Metalchem Canada Inc. 200, Argentina Rd. Ontario |
Concluded | 93/08/30 and 93/09/01 |
95/08/14 | EIHWR 2 Counts |
96/06/06 | Charges With- drawn |
Allegedly exported lead dross eight times between 93/08/30 and 93/09/29. | |
| Quebec | Laidlaw Medical Services Inc. Etobicoke, Ontario Gatineau, Quebec |
Concluded | 94/01/23 to 94/02/11 |
95/04/10 | EIHWR 14 Counts |
95/06/19 | Guilty Plea |
$8,000 Fine |
The company pleaded guilty to two counts and was fined $4,000 for each. The remaining counts were withdrawn by the Crown. |
| Quebec | Hydro Quebec Station No. 3 Shawinigan, Quebec |
For Trial | June 11, 1995 Shawinigan |
96/03/18 | PCB Interim Order | 96/11/18 | |||
| Ontario | Motilal Dhar carrying on business as Dhar Trading Company | Concluded | April 1994 to March 1995 (Toronto) |
96/02/08 | EIHWR 16 Counts |
96/06/21 | Guilty Plea |
$2,500 Fine |
Mr. Dhar pleaded guilty to one count. The remainder of the charges were withdrawn. |
| Ontario | Walter Faggion and North American Zinc Company Stoney Creek, Ontario |
Closed | 1993-1995 (Stoney Creek) |
95/12/12 | EIHWR 70 Counts |
96/05/10 | Charges With- drawn |
Headers="P1" Crown prosecutor and the judge withdrew the charges after a re-exami- nation of the evidence. |
|
| Ontario | Mida Metals Int'l Inc. and Brian Love Burlington, Ontario |
Stayed | 1993-1994 | 95/12/12 | EIHWR 62 Counts |
96/07/10 | Charges Stayed |
All charges against the company and Brian Love were stayed. | |
| Ontario | Triloki Vashist and Narinder Nath operating a business as T&N Enterprises Exporters & Importers and TNV Trading Ltd. Brampton, Ontario |
For Plea | 1994-1995 | 95/06/30 | EIHWR 40 Counts |
97/01/ 21-23 |
40 charges were laid for allegedly exporting hazardous waste without meeting the prescribed condition for such exports contrary to the provisions of EIHWR and CEPA. | ||
| Ontario | G.H. Johnson's (Dufferin) Ltd. and Patrick Johnson Toronto, Ontario |
Concluded | 94/07/08 | 95/05/01 | Storage of PCB Material Regulations 22 Counts |
96/01/16 | Guilty Plea |
$10,000 fine for G.H. Johnson's & $5,000 fine for Patrick Johnson | There was a total of three counts at $5,000 each. |
| Ontario | Harish Ghandi operating as Sokari International Mississauga, Ontario |
For Trial | April 1993 to September 1994 |
95/05/17 | EIHWR 36 Counts |
97/01/ 21-23 |
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| Prairie & Northern | SHRED-A-CAN Recyclers Ltd. Bay 1, 861644 Street S.E. Calgary, Alberta |
For Trial | December 1994 to March 1995 |
95/10/17 | EIHWR | 96/10/ 23-25 |
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| Pacific & Yukon | JJM Construction Ltd., Miller Contracting Ltd., John J. Miller (Pres) and John W. Lamberton (Captain) 8828 River Road Delta, B.C. |
For Trial | 95/9/13 to 95/11/17 |
95/12/19 | Ocean Dumping Regulations 2 Counts |
97/05/12 |
Note: Where there has been no finding of guilty, the information contained herein is only alleged. (as of 12 August 1996)
Under section 108 of CEPA, any two residents of Canada (18 years of age or older) who believe that an offence has been committed under CEPA may request an investigation of the alleged offence. One investigation was pursued under Section 108 during the past year. No violation of CEPA was found.
During the fiscal year 1995-96, implementation strategies have been developed for enforcing regulations dealing with pulp and paper mills and the export and import of hazardous wastes. These strategies include compliance verification and inspection activities for specific provisions as well as possible actions to deal with alleged infractions. Section by section analysis of these regulations incorporates legal, technical and enforceability issues as background for inspectors. This provides overall guidance and inspection priorities.
Training is of major importance in maintaining and enhancing Environment Canada’s continually evolving enforcement program. The National Training Program delivers a variety of courses both to officers and analysts in duties ranging from basic inspection skills to very specialized regulation-specific enforcement activities. In 1995-1996, Environment Canada delivered the following CEPA related courses:
- Train the Trainers;
- Basic Course for Inspectors;
- Expert Witness Course;
- Health and Safety Training Course;
- Basic Course for Investigators;
- New Substances Notification Regulations Course;
- Course for Chilean Inspectors;
- Sampling Pilot Course;
- Export/Import of Hazardous Wastes Course; and
- Environmental Audit Pilot Course.
A catalogue of training courses offered by Environment Canada is available on request.
International activities include coordinating transboundary enforcement activities, many of which relate to enforcement of CEPA and its regulations. As well, several international conventions and agreements to which Canada has signed are related to compliance with CEPA.
Internationally, Environment Canada participated in, co-organized, and provided funding for the Fourth International Environmental Enforcement Conference in Thailand. Capacity building, training and encouraging the development of regional networks were the theme of this conference.
The North American Agreement for Environmental Cooperation (NAAEC), a side-agreement to the North American Free Trade Agreement (NAFTA), obliges each of the parties to the Agreement (Mexico, USA and Canada) to report annually to the North American Commission on Environmental Cooperation (NACEC) on their respective environmental enforcement activities. The first such report was prepared in draft form and conveyed to the NACEC for release in 1995-96.
The Environmental Technology Advancement Directorate and the Wastewater Technology Centre (WTC) collaborated with Mexico’s Institute of Water Technology and National Water Commission to develop a national water sector operators training and certification program. Implementation financing has been approved by the World Bank.
A Working Group on Enforcement with the US and Mexico was formed during the year. During 1995-1996, several joint transboundary projects were implemented and others planned for the future.
Implementation of the Enforcement Activities Tracking System (EATS) continued in 1995-96 as more CEPA inspectors were introduced to the program. The basic system was put in place and training was provided in every Region. Future enhancements to increase user satisfaction have been identified necessary modifications will be made.
Section 98 of CEPA provides for the federal government to enter into administrative agreements with the provinces and territories.
Such agreements are invaluable cooperative tools for federal, provincial and territorial governments to attain common environmental protection goals on mutually acceptable terms in an administratively efficient manner, while ensuring national environmental standards remain consistent.
Administrative agreements are "work-sharing" partnerships that allow federal, provincial and territorial governments to share the work of administering regulations. They can cover such activities as inspection, enforcement, monitoring and reporting, but do not release any of the parties from their respective responsibilities. Under an administrative agreement, the federal government remains accountable to the Canadian people through Parliament and, therefore, must report annually to Parliament on the agreement.
Agreement between the Government of Quebec and the Government of Canada respecting the Application in Quebec of Federal Pulp and Paper Mill Regulations
This Agreement harmonizes federal and provincial regulatory requirements and provides a single window to industry for the enforcement and compliance of two pulp and paper regulations under CEPA, as well as Fisheries Act requirements. It expired January 1, 1996 and negotiations are continuing with respect to the development of a new agreement.
Administrative Agreement for the Administration of Federal-Provincial Pulp and Paper Effluent Regulations within the Province of Ontario
This administrative agreement is under negotiation. When complete, it will encompass the Pulp and Paper Mill Defoamer and Wood Chip Regulations and the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations pursuant to CEPA as well as the Pulp and Paper Mill Effluent Regulations under the Fisheries Act.
Canada-Saskatchewan Administrative Agreement for the Canadian Environmental Protection Act
An administrative agreement for CEPA with the province of Saskatchewan continues to apply to many regulatory aspects of the Act, including specific regulations respecting ozone-depleting substances, PCBs and pulp and paper mills. Among other things, the Agreement provides a one-window spill reporting arrangement with all reports through the province. During the reporting period, training was provided, under the Agreement, to provincial inspectors to allow for their designation as CEPA inspectors for the purpose of receiving spill reports. Training of provincial inspectors of pulp and paper mills was also provided. Provincial inspection of the one regulated pulp and paper mill in Saskatchewan showed compliance with federal pulp and paper regulations. Work will continue during the coming year on spills reporting and the development of a formal mechanism for the exchange of information related to ozone-depleting substances and PCBs.
Canada-Northwest Territories Framework Agreement for Environmental Cooperation in the Northwest Territories
A general framework agreement was signed with the Government of the Northwest Territories in November, 1995. Annexes to the Agreement on specific areas of cooperation are under development.
Agreement on the Administration of Federal Legislation for the Control of Effluents from Pulp and Paper Mills in the Province of British Columbia
This Agreement harmonizes federal and provincial regulatory requirements and provides a single window to industry for the enforcement and compliance of two pulp and paper regulations under CEPA, as well as Fisheries Act requirements. During the reporting period, training was provided to 50 provincial investigative staff of the Conservation Officer Service and Regional Waste Managers on their respective obligations under the terms of the Agreement; finalization of the single format electronic data reporting system is expected to be completed by the end of 1996; and inclusion of federal requirements will be required in all future provincial effluent permits as they are amended. This Agreement was signed in September 1994, and expired March 31, 1996. Negotiations are continuing towards the development of a new broader Agreement which could cover other industrial sectors in addition to pulp and paper.
Canada/Yukon Environmental Protection Agreement
Signed in May of 1995, the Canada/Yukon Environmental Protection Agreement identifies areas for cooperation in the planning and delivery of programs for environmental protection in Yukon including activities such as: monitoring, standards, training and conferences, inspection, spills and enforcement and compliance.