4. Compliance and enforcement (Part 10)

The Canadian Environmental Protection Act, 1999 (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, take samples; conduct tests and measurements; obtain access to information (including data stored on computers); stop and detain conveyances; enter, 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 analysts can enter premises when accompanied by an enforcement officer and can exercise certain inspection powers.

Enforcement officers can select from a wide range of responses to alleged violations, including directions, tickets, prohibition orders, recall orders, detention orders for ships, Environmental Protection Compliance Orders (EPCOs), injunctions to stop or prevent a violation, prosecution, and Environmental Protection Alternative Measures (EPAMs). Enforcement activities include measures to compel compliance without resorting to formal court action and measures to compel compliance through court action. The former are directions, tickets, prohibition orders, recall orders, detention orders for ships, and EPCOs. The latter include injunctions, prosecutions and EPAMs.

This chapter summarizes the results achieved during the reporting periods under enforcement-related sections of CEPA 1999 and regulations made under the act.

The total number of designated CEPA enforcement officers was 138 in 2006-2007 and 151 in 2007-2008.

From 2006 to 2008, Environment Canada completed two consecutive years of a three-year project to redesign the Basic Enforcement Training Program in collaboration with a contracted law enforcement training facility at Algonquin College. The program resulted in 34 newly designated officers with full enforcement officer powers in 2006-2007 and 14 new officers in 2007-2008.

Other training accomplishments in 2006-2007 include:

• online course developed and launched for the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;
• Advanced Investigative Techniques Program designed;
• Birds Oiled at Sea learning symposium developed and launched; and
• Limited Powers/CEPA Analyst course redesigned and delivered.

Other training accomplishments in 2007-2008 include:

• Professional Development and Apprenticeship Program finalized;
• Pilot Coaching Program co-developed with the Canada School of Public Service;
• Regulatory Orientation program launched; and
• three consecutive nine-week Basic Enforcement Training courses delivered.

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

Numerous compliance promotion activities were delivered for new and existing control instruments under the Canadian Environmental Protection Act, 1999. Multiple approaches were used to reach the regulated communities, varying from mail-outs to information sessions in collaboration with other federal departments, provinces or non-governmental organizations when appropriate.

The following describes the priority activities for 2006-2007 which were delivered nationally.

New Substances Notification Regulations (Chemicals and Polymers) and New Substances Notification Regulations (Organisms). A national mail-out was sent to approximately 10 000 companies. It included fact sheets, customized to their sector of activities, on the following topics:

• Reporters to the National Pollutant Release Inventory (NPRI);
• Environmental emergencies;
• Ozone-depleting substances; and
• Mining (other than metal mining).

Ongoing Multi-Instrument Compliance Promotion. Environment Canada organized or participated in several multi-instrument workshops each year in order to meet with regulatees who are required to conform to several regulations. For example, Environment Canada organized a booth at the annual Canadian Environmental Conference and Tradeshow (CANECT) held at the Metro Toronto Convention Centre May 1-2, 2006. The Department's booth showcased the following:

• New Substances Notification Regulations (Chemicals and Polymers);
• New Substances Notification Regulations (Organisms);
• Ozone-depleting Substance Regulations, 1998;
• Environmental Emergency Regulations;
• National Pollutant Release Inventory; and
• Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations.

The following describes the priority activities for 2007-2008.

Environmental Emergency Regulations The proposed Regulations Amending the Environmental Emergency Regulations of the Canadian Environmental Protection Act, 1999 (CEPA 1999) were published in the Canada Gazette, Part I in June 2007. Information sessions on proposed regulatory amendments were delivered across Canada.

Fuels Regulations A Fuels Regulations Compliance Promotion Package is sent out annually to manufacturers, importers and/or blenders of fuel in Canada to inform and remind them of their regulatory obligations under the Canadian Environmental Protection Act, 1999. The compliance promotion package contains summaries and reporting requirements for the following seven CEPA 1999 fuels regulations:

• Fuels Information Regulations, No. 1;
• Benzene in Gasoline Regulations;
• Gasoline Regulations;
• Sulphur in Diesel Fuel Regulations;
• Sulphur in Gasoline Regulations;
• Gasoline and Gasoline Blend Dispensing Flow Rate Regulations; and
• Contaminated Fuel Regulations.

Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations. The Department distributed its annual information kit on the regulations to more than 550 dry cleaners, sellers, importers and recyclers in Quebec. Also, 2000 stickers showing the requirements under the regulation were produced, and they were distributed in all provinces. Lastly, regulatees were sent a reminder of the deadline for submitting the reports required under the regulations.

Each year, a National Inspection Plan is developed that describes the inspection activities to be carried out that fiscal year under CEPA 1999. To maximize the effectiveness of these activities, priority is given to specific regulations. The selection of these priorities is consistent with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999.

In 2006-2007, the National Inspection Plan identified the following as CEPA-related national priorities:

• Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;
• Federal Halocarbon Regulations, 2003;
• Fuels Information Regulations, No.1;
• Gasoline Regulations;
• Sulphur in Diesel Fuel Regulations;
• Sulphur in Gasoline Regulations;
• Benzene in Gasoline Regulations; and
• Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations.

In 2007-2008, the National Inspection Plan identified the following as national priorities:

• Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;
• Fuels Information Regulations, No.1;
• Gasoline Regulations;
• Sulphur in Diesel Fuel Regulations;
• Sulphur in Gasoline Regulations; and
• Benzene in Gasoline Regulations.

In addition, a number of regulations were identified as regional inspection priorities. The priority placed on regulations in each region was influenced by a number of factors, including geography, demographic factors, and provincial and territorial environmental sensitivities.

Tables 19 and 20 summarize the inspections, investigations and enforcement measures for 2006-2007 and 2007-2008 respectively.

EPCO = Environmental Protection Compliance Order
EPAM = Environmental Protection Alternative Measure
* These numbers include activities related to enforceable provisions of the act.

Environmental Protection Compliance Orders (EPCOs) secure an alleged violator's return to compliance, without use of the court system. An enforcement officer is empowered to issue an EPCO to:

• prevent a violation from occurring; or
• stop or correct a violation that is occurring or continuing over a period of time.

In 2006-2007, 229 EPCOs were issued:

• 151 to dry cleaners for violating the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations;
• 69 under the Storage of PCB Material Regulations; and
• 9 for violating various other regulations.

In 2007-2008, 174 EPCOs were issued:

• 162 to dry cleaners for violating the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations; and
• 12 for violating various other regulations.

An Environmental Protection Alternative Measures agreement (EPAM) is an enforcement instrument that allows for a negotiated return to compliance without a court trial. If an EPAM agreement is successfully negotiated, it is filed with the court and is a public document. The agreement must also be published on the CEPA Environmental Registry.

In 2007-2008, an EPAM agreement was negotiated between Environment Canada and an Ontario company. The company had been charged with contraventions of the Ozone-depleting Substances Regulations, 1998 for the import, sale and offering for sale of products containing hydrochlorofluorocarbons. As part of the agreement, the company was required to deliver a training program to its clientele on environmental issues associated with the import and sale of ozone-depleting substances, provide a report to Environment Canada following each of the training sessions and pay $5,000 to the Environmental Damages Fund.

On January 18, 2007, after a Provincial Court appearance, a guilty plea was entered for two alleged violations of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations. This case was related to an inspection by an Environment Canada enforcement officer in February 2006. The enforcement officer observed that the company failed to adequately store tetrachloroethylene residue. Additionally, the firm's wastewater treatment was alleged not to meet regulatory standards, thereby potentially allowing untreated tetrachloroethylene wastewater to be released into the drain. The court imposed a penalty consisting of a $1,000 fine payable to the Courts, and a $3,000 fine payable to the Environmental Damages Fund. In addition to the fines, the company is required to develop and implement a set of written procedures to ensure that it does not repeat the offence.

In 2007-2008, one prosecution dealt with the export of polychlorinated biphenyls (PCBs) material under the PCB Waste Export Regulations, 1996. On April 23, 2007, the accused pleaded guilty on the first day of the trial. The company was convicted and fined $10,000.

A second prosecution concerned an operator of a drycleaning firm. The accused pleaded guilty on August 27, 2007, to five charges under the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations. The court sentenced the company to pay a total of $3,904.88. This amount included a fine of $1,400, a reimbursement of $404.88 to the Department for costs incurred in the proper disposal of waste, and a payment of $2,100 to the Environmental Damages Fund.

The last prosecution dealt with offences under CEPA 1999 and the Criminal Code. An Ontario company and one of its employees allegedly used an authorization letter of unknown authorship for the importation of two substances prior to a full risk assessment being completed.On July 5, 2007, the accused individual pleaded guilty to one count of providing false and misleading information under the Act and was fined $5,000. All charges under the Criminal Code were withdrawn.

Enforcement-related activities are carried out under various international and domestic agreements and organizations. In April 2008, the International Network for Environmental Compliance and Enforcement, a network of more than 100 countries, held its 8th annual conference in Cape Town, South Africa. Environment Canada participated in the panels and workshops.