1. Administration

The Canadian Environmental Protection Act, 1999 (CEPA 1999) requires the Minister of the Environment to establish a National Advisory Committee (NAC) composed of one representative for each of the federal Ministers of Environment and Health, representatives from each province and territory, and not more than six representatives of Aboriginal governments drawn from across Canada.

The Committee advises the Ministers on actions taken under the act, enables national, cooperative action, and avoids duplication in regulatory activity among governments. The Committee also serves as the single window into provincial and territorial governments and representatives of Aboriginal governments on offers to consult.

To carry out its duties in 2002-03, the Committee held two face-to-face meetings and five conference calls. Some of the federal initiatives brought to the Committee for discussion included:

The character, extent, and results of the Committee's involvement in such matters vary with the nature of the issue and relative priority for each jurisdiction. With respect to municipal wastewater effluent, the Committee was engaged throughout the process of developing a proposed instrument to manage the risks posed by ammonia dissolved in water, inorganic chloramines, and chlorinated wastewater effluents.

Advice from Committee members and from a working group helped to focus proposed pollution prevention planning on higher-risk wastewater systems and establish realistic objectives for the four-year implementation period. Committee members also advised on the need to engage the Canadian Council of Ministers of the Environment in a broader discussion on wastewater management issues.

In the case of the Environmental Emergency Regulations, the Committee provided valuable input during a series of regular briefings. As a result of comments received, the proposed regulations were amended to better address a number of technical issues, such as the additional requirement to prepare and implement an environmental emergency plan, reporting when thresholds are exceeded, and incorporation of a one-window emergency reporting mechanism to avoid duplication and facilitate more efficient emergency response.

The act allows the federal government to enter into administrative agreements with provincial and territorial governments and contains provisions to allow for administrative agreements with Aboriginal governments as well as an Aboriginal people.

The Canada-Saskatchewan Administrative Agreement, in force since September 1994, is a work-sharing arrangement covering certain provincial legislation and seven CEPA 1999 regulations, which include two regulations related to the pulp and paper sector, two regulations on ozone-depleting substances, and three on polychlorinated biphenyls (PCBs).

Key results under the agreement in 2002-03 included:

Administrative agreements concerning the pulp and paper sector have been in place between the province of Quebec and the Canadian government since 1994. The second agreement expired on March 31, 2000. On July 27, 2002, the proposed Canada-Quebec Pulp and Paper Administrative Agreement was published in Part I of the Canada Gazette. The response to the only comment received on the proposed agreement was published in Part I of the Canada Gazette on March 1, 2003.

Under the agreement, the province acts as a “single window” for the gathering of information from Quebec pulp and paper manufacturers and forwards such information to Environment Canada for the purpose of enabling the latter to implement its act. Both levels of government retain full responsibility for carrying out inspections and investigations and for taking appropriate enforcement measures in order to ensure compliance with their respective requirements on the part of the industry.

The National Air Pollution Surveillance (NAPS) program has been in existence since 1969 and has operated without a formal agreement (see section 3.1.1 of this report). The Report of the Commissioner of the Environment and Sustainable Development for 2000 recommended that an agreement be put in place. This has now been negotiated using the Statement of Principles to Guide Cooperative Arrangements on Monitoring and Reporting developed by the Canadian Council of the Ministers of the Environment (CCME).

The purpose of the Memorandum of Understanding (MOU) is to define formally the roles and responsibilities of the NAPS program participants, and essentially enshrines the successful and collaborative operating arrangements that have evolved over the three decades. The Canadian Council of the Ministers of the Environment (CCME) Deputy Ministers accepted in principle the proposed agreement on April 15, 2003. The Deputy Ministers intend to sign the agreement upon completion of their respective internal processes to secure authority to enter into the agreement (Winter 2004).

Developed under the Canadian Council of Ministers of the Environment (CCME) Harmonization Accord, Canada-wide standards are designed to address environmental protection and health issues. Many federal actions to achieve these commitments are taken under CEPA 1999. Under the Canada-wide Accord, priority substances for Canada-wide standards include mercury, dioxins and furans, benzene, particulate matter and groundlevel ozone, and petroleum hydrocarbons in soil. While the standards are developed by the CCME, the Minister uses section 9 of CEPA 1999, related to administrative agreements, to enter into the commitments accepted by the CCME for the substance targeted by the standard.

New standards in 2002-03
In 2002-03, the Canada-wide Standards for Dioxins and Furans from Steel Manufacturing Electric Arc Furnaces and Iron Sintering Plants were approved. The Canada-wide Standard for Conical Waste Combustion of Municipal Waste was received by the CCME in November 2003. These Canada-wide standards represent a significant step towards the ultimate goal of virtual elimination of dioxins and furans.

Implementation plans for existing Canada-wide standards
Ministers have committed to being accountable to the public and each other by developing implementation plans to achieve the standards. The following list provides information on the actions taken towards meeting the commitments outlined in the implementation plans.

Standards under development in 2002-2003

The act allows the use of equivalency agreements where, by Order in Council, a regulation under CEPA 1999 is declared to no longer apply in a province, a territory, or an area under the jurisdiction of an Aboriginal government that has equivalent requirements.

In December 1994, an Agreement on the Equivalency of Federal and Alberta Regulations for the Control of Toxic Substances in Alberta came into effect. This agreement recognizes that provincial regulations are “equivalent” to CEPA 1999 regulations governing the pulp and paper sector, secondary lead smelter releases, and vinyl chloride releases. These CEPA 1999 regulations no longer apply in Alberta.

Alberta Environment reported that no violations of the regulations under the agreement were detected in 2002-03. All four kraft mills complied with their dioxin/furan effluent limit requirements. The two regulated chemical plants did not exceed the regulated vinyl chloride emission levels.

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