4. Compliance Promotion and Enforcement

Compliance promotion relates to the planned activities that are undertaken to increase awareness, understanding and compliance with the law and its regulations. Through these activities, information is provided to the regulated communities on what is required to comply with the law, the benefits of compliance and the consequences of non-compliance.

CEPA 1999 provides enforcement officers with a wide range of powers to enforce the Act, including the powers of a peace officer. Enforcement officers can carry out inspections to verify compliance with the Act; conduct investigations of suspected violations; enter premises, open containers, examine contents and take samples; conduct tests and measurements; obtain access to information (including data stored on computers); stop and detain conveyances; search, seize and detain items related to the enforcement of the Act; secure inspection warrants to enter and inspect premises that are locked and/or abandoned or where entry has been refused; seek search warrants; and arrest offenders. CEPA 1999 analysts can enter premises when accompanied by an enforcement officer and can exercise certain inspection powers.

A wide range of enforcement measures are available to respond to alleged violations. Many are designed to achieve compliance without resorting to formal court action, including directions, tickets, prohibition orders, recall orders, detention orders for ships, and Environmental Protection Compliance Orders (EPCOs). Measures to compel a return to compliance through court action include injunctions to stop or prevent a violation and prosecutions. In addition, a return to compliance can be achieved through Environmental Protection Alternative Measures (EPAMs), a program for diverting offenders away from the formal court process.

The number of active designated persons within Environment Canada with enforcement powers under CEPA 1999 is as follows:

• 198 CEPA enforcement officers;
• 10 emergency officers from the Environmental Emergencies Program designated as CEPA enforcement officers with limited powers; and
• 176 CEPA analysts.

In December 2010, the bulk of the Environmental Enforcement Act (EEA) came into force, amending legislation administered by Environment Canada, including CEPA 1999 and introducing the new Environmental Violations Administrative Monetary Penalties Act. Since then, the Department has updated and is continuing to update internal and external policies and procedures to meet the EEA requirements and to update and develop training accordingly. In 2012–2013, the accomplishments include:

• the update of Basic Enforcement Training and Limited Powers/Analyst Designation courses;
• the update of the CEPA 1999 online training;
• the development and delivery of online training for all enforcement officers on the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) and aggravating factors; and
• the development and delivery to managers of the EPCO training in respect to specific provisions under CEPA 1999.

Other accomplishments related to training on CEPA 1999 in 2012–2013 include the development, coordination and/or delivery of training (both online and in-class) for enforcement officers on a number of topics including the Act itself, as well as a number of regulations, including:

• PCB Regulations;
• Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations;
• Renewable Fuels Regulations;
• Regulations Amending the On-Road Vehicle and Engine Emission Regulations (On-Board Diagnostic Systems for Heavy-Duty Engines and Other Amendments), Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations, and Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations;
• D4 Sampling/Pollution Prevention (P2) Planning;
• Introduction to Pollution Prevention (P2) Planning;
• Sulphur in Diesel Regulations Amendments; and
• Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations and the Solvent Degreasing Regulations.

In 2012–2013, consistent with the Government of Canada’s Cabinet Directive on Regulatory Management, which encourages departments to adopt a “small business lens,” compliance promotion efforts focused on geographically dispersed, small and medium-sized enterprises (less than 500 employees), and First Nations.

Environment Canada delivered compliance promotion activities for new and existing control instruments under CEPA 1999. Multiple approaches were used to reach the regulated communities, including workshops, information sessions, presentations and information package emails/mail-outs. These activities were often carried out in collaboration with provincial and territorial governments as well as non-governmental organizations.

Health Canada also undertook targeted public outreach and compliance promotion activities, particularly in support of information gathering for the substance groupings initiative, which included stakeholder webinars or webexes for CEPA section 71 Notices issued for the Cobalt, Methylenediphenyl Diisocyanate and Diamine (MDI/MDA), Internationally Classified (IC) and Substituted Diphenylamine (SDPA) substance groupings.

In 2012–2013, Environment Canada continued to work closely with First Nations. Workshops, information sessions and compliance-promotion materials were delivered to First Nations groups and individuals throughout Canada, to increase awareness of their obligations to comply with instruments under CEPA 1999. Many of the activities were organized and presented in collaboration with Aboriginal Affairs and Northern Development Canada.

Environment Canada organizes a number of multi-instrument workshops and information booths each year to reach stakeholders who must comply with more than one instrument.

In 2012–2013, multi-instrument compliance-promotion activities covered a broad range of environmental regulations under CEPA 1999, the Fisheries Act and the Migratory Birds Convention Act, 1994. In total, 30 multi-instrument workshops, information sessions and information booths were organized by Environment Canada’s regional offices in various locations across Canada.

These multi-instrument compliance-promotion activities provide a unique opportunity for stakeholders to meet Environment Canada staff and gather key information regarding Acts and instruments affecting their activities. Regulatees also benefit from the knowledge and experience of the on-site compliance promotion officers, the distribution of printed materials on the legislation, and from learning whom to contact in future if they have further inquiries.

In 2012–2013, compliance promotion activities on individual priority CEPA 1999 risk management instruments were delivered by compliance promotion officers to potential and known regulatees from First Nations, government agencies, federal departments, municipalities, airports, port authorities, companies and industry organizations. Activities included site visits, information booths, presentations, teleconferences, meetings, information sessions and responding to inquiries, as well as emails, faxes, mail and phone calls.

Each year, a National Enforcement Plan describing the enforcement activities to be carried out in that fiscal year, including activities addressing non-compliance with CEPA 1999, is developed. To maximize the effectiveness of these activities, priority is given to specific regulations or instruments.

Factors that influence the identification of the priority regulations include the risk to the environment and human health represented by the regulated substance or activity, compliance issues, new and amended regulations, the nature of regulatory provisions, operational complexity and capacity, and domestic and international commitments and obligations. In 2012–2013, the National Enforcement Plan priorities included the following CEPA 1999 instruments:

• PCB Regulations;
• Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations; and
• Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations.

The number of planned inspections carried out under the enforcement plan is supplemented by a large number of unplanned inspections resulting from responses to complaints, intelligence, spills or other information. In addition, a number of regulations are identified for regional enforcement focus. The focus placed on regulations in each region is influenced by a number of factors, including geography, the prevalence of the regulated sectors, and provincial and territorial environmental sensitivities.

Enforcement activities undertaken during 2012–2013 are summarized in the four following tables. Table 16 provides the number of on-site and off-site inspections for each regulation from April 1, 2012, to March 31, 2013. Table 17 provides the breakdown of investigations for each regulation on which at least one investigation occurred and/or closed from April 1, 2012, to March 31, 2013. Table 18 provides the total number of enforcement measures resulting from inspections and investigations from April 1, 2012, to March 31, 2013, for each regulation. Table 19 provides the number of prosecutions from April 1, 2012, to March 31, 2013, for each regulation.

Note: Only those regulations under which action was undertaken during the time period are listed in this table.

Environmental Protection Compliance Orders

EPCOs are an enforcement measure that may be taken to put an immediate stop to a CEPA violation, prevent a violation from occurring, or require action to be taken to correct a violation, without the use of the court system.

In 2012–2013, 129 regulatees were involved in EPCOs: 47 regulatees subject to the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, 35 regulatees subject to the PCB Regulations, 21 regulatees subject to the Gasoline and Gasoline Blend Dispensing Flow Rate Regulations and 26 regulatees subject to various other regulations.

Environmental Protection Alternative Measures

EPAMs are an alternative to court prosecution for a violation of CEPA 1999, which divert the accused away from the court process after a charge is laid. If an EPAM agreement is successfully negotiated, it is filed with the court to become a public document. The agreement must also appear in the CEPA Environmental Registry. No EPAMs were issued in 2012–2013.

Enforcement-related activities are carried out under various international and domestic agreements and organizations. Under the auspices of the Commission for Environmental Cooperation’s Enforcement Working Group (EWG), Environment Canada's Enforcement Branch engages in cooperative activities with its counterparts at the U.S. Environmental Protection Agency and Mexico's Profepa and Semarnat. In 2012–2013, the EWG continued to implement the two-year plan aimed at enhancing operational cooperation between the three countries by developing a protocol for exchanging sensitive enforcement information between the three countries. This supports the goal of the three countries working together to develop and implement a regional approach to intelligence-led enforcement with a specific focus on preventing the illegal movements of electronic waste, non-compliant imports, ozone-depleting substances and hazardous waste. The EWG is now exchanging intelligence, and work will commence to establish priority targets and develop projects for each region. The expected outcome over the next five years will be enhanced and more effective environmental compliance and enforcement, both domestically and as a region. Also, Environment Canada continues to actively participate in INTERPOL’s Pollution Crimes Working Group focused on issues such as capacity building in the area of environmental investigations and stopping the illegal movement of hazardous waste.