4. Compliance Promotion and Enforcement

1. 4.1 Designations and Training
2. 4.2 Compliance Promotion
3. 4.3 Enforcement Priorities
4. 4.4 Enforcement Activities
5. 4.5 International Enforcement Cooperation

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 a formalized legal process such as prosecutions or seeking an injunction. These measures also include directions, tickets, prohibition orders, recall orders, detention orders for ships, and Environmental Protection Compliance Orders. 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, a program for diverting offenders away from the formal court process.

The number of 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.In 2013–2014, the Department continued updating internal and external policies and procedures to meet the EEA requirements and to update and develop training accordingly.

The accomplishments related to training of Environment Canada personnel on CEPA 1999 regulations in 2013–2014 include:

• the revision of the current delivery model of the Basic Enforcement Training to enhance its efficiency and effectiveness;
• the delivery of Environmental Enforcement Standardized Training;
• the delivery of Limited Powers/Analyst Designation course;
• the delivery of Vehicles and Engines Regulations Training, which includes the Regulations Amending the On-Road Vehicle and Engine Emission Regulations, Off-road Compression-Ignition Engine Emission Regulations and Off-Road Small Spark-Ignition Engine Emission Regulations, Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations, and Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations;
• the continued delivery of online training on various regulations and enforcement tools (Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, storage tanks, CEPA 1999, Environmental Protection Compliance Orders, etc.)

In order to augment the job-related skills of enforcement officers as it pertains to advanced investigative skills and capacity, the Department offered training sessions on forensic interviewing skills.

In 2013–2014, Environment Canada continued to focus compliance promotion efforts on geographically dispersed, small and medium-sized enterprises (SME) (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, information package emails/mail-outs and through technology such as videos, Twitter and Web banner advertising. Many of these activities were 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, and the second phase of the Domestic Substances List Inventory Update (DSL IU2). This included stakeholder workshops for the CEPA 1999 section 71 Notice issued for DSL IU2 in four locations across the country, as well as stakeholder webinars or webexes for the Notices issued for DSL IU2, Triclosan, Organic Flame Retardants, Selenium and Phthalates substance groupings.

Compliance promotion officers continued to raise awareness and understanding of the Department’s regulatees by responding to over 9500 inquiries on 19 regulations. The majority of inquiries came in via email, and a small proportion came in via telephone and letter.

In 2013–2014, 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 nine instruments under CEPA 1999 as well as their responsibilities under the Fisheries Act.

The Department also organized a number of multi-instrument workshops, conferences, meetings and information booths to reach stakeholders who must comply with more than one instrument. The promotion of the Storage Tank Regulations conference, in particular, was a success, and Environment Canada was also asked to present to an “invitation only” event where the focus was on retail gas stations on First Nations lands, which is a key departmental priority.

Multi-instrument compliance-promotion activities provide a unique opportunity for stakeholders to obtain, in an efficient and effective way, 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 the identification of contacts for further inquiries. In 2013–2014, Environment Canada reached SMEs through 60 campaigns on the 19 CEPA 1999 regulations through multi-instrument activities and on a per regulation basis.

The Department worked in collaboration with the chief electricians and apprenticeship programs in Nova Scotia, Newfoundland and Labrador, and New Brunswick to distribute information on the PCB Regulations, which had been developed to reach electricians and electrical contractors. In Quebec, PCB Regulations fact sheets were sent to master electricians. The Master Electricians Professional Association later contacted the Department requesting additional information, which they then distributed to all of their members. The collaboration between the Department and these regional organizations has been an effective and efficient mechanism to provide relevant information to this particular regulated community.

Compliance promotion to federal government department and agency regulatees included individual communications, campaigns and multi-instrument activities on the Federal Halocarbon Regulations and the Storage Tank Regulations, among others.

For example, Environment Canada delivered workshops on the Federal Halocarbon Regulations, 2003 for federal department regulatees. Attendance at one of these workshops led to a special request by two departments for an additional workshop. These sessions resulted in increased awareness, specific issues being addressed and stronger relationships.

Each year, Environment Canada develops a National Enforcement Plan describing the enforcement activities to be carried out in that fiscal year, including activities addressing non-compliance with CEPA 1999. 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 2013–2014, the National Enforcement Plan priorities included the following CEPA 1999 instruments:

• Off-Road Small Spark-Ignition Engine Emission Regulations;
• Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations;
• Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations; and
• PCB 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 gathering, 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 2013–2014 are summarized in the four following tables. Table 19 provides the number of on-site and off-site inspections for each regulation from April 1, 2013, to March 31, 2014. Table 20 provides the breakdown of investigations for each regulation in regard to which at least one investigation occurred and/or closed from April 1, 2013, to March 31, 2014. Table 21 provides the total number of enforcement measures resulting from inspections and investigations from April 1, 2013, to March 31, 2014, for each regulation. Table 22 provides the number of prosecutions from April 1, 2013, to March 31, 2014, 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

An Environmental Protection Compliance Order (EPCO) is one of the statutory measures that enforcement officers may use to handle offences. Its purpose is to restore an offender to compliance with CEPA 1999 as quickly as possible.

In 2013–2014, 153 regulatees were issued EPCOs, including 83 regulatees subject to the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, 17 regulatees subject to the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations, 14 regulatees subject to the Federal Halocarbon Regulations, 2003, 13 regulatees subject to the PCB Regulations, and an additional 27 regulatees subject to various other regulations under CEPA 1999 as described in Table 21, summarizing the enforcement measures.

Environmental Protection Alternative Measures

An Environmental Protection Alternative Measure (EPAM) is an agreement that is negotiated in order to return a violator to compliance with CEPA 1999. It can be used after a charge has been laid and before the matter goes to trial as an alternative measure for a violation of the Act.

If an EPAM agreement is successfully negotiated, it is filed with the court and becomes a public document. The agreement must also appear in the CEPA Environmental Registry. No EPAMs were negotiated in 2013–2014.

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. The EWG is still working on a protocol to facilitate the exchange of information among the partners. In the meantime, it delivered on a series of related activities such as covert and forensic computer training. These activities support 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 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.