Foreword

CEPA 1999 is a major federal legislative tool to protect the environment and human health

This paper:

• describes 12 issue areas that the departments have identified through consultations in preparation for the Review; and
• discusses three broader challenges that have been identified through consultations, and in which CEPA 1999 has a role.

The Canadian Environmental Protection Act, 1999 (CEPA 1999) is the primary federal legislation for preventing pollution to protect the environment and human health and for promoting sustainable development.

Prepared by Environment Canada and Health Canada for the Parliamentary Review of the Canadian Environmental Protection Act 1999 (CEPA 1999).

CEPA 1999 supports a comprehensive approach to environmental management

The Act supports informed decision-making throughout the management cycle of a typical environmental issue. The following steps constitute the CEPA 1999 management cycle.

• Issue Scoping: based on a solid foundation of research and monitoring
• Scientific approach to risk assessment and information gathering
• Responsible and effective risk management
• Promoting compliance, enforcing decisions, and providing feedback to inform future actions
• Focus on consulting with Canadians and reporting and communicating
• Inter-jurisdictional cooperation

CEPA 1999 provides a solid basis for continuing to protect the environment and human health in Canada, but opportunities for improving the Act and its implementation exist.

1. Existing Substances Regime
   • risk assessment of existing substances
   • clarity in communicating risks
   • flexible and focused regulations
   • virtual elimination requirements
   • managing the risks from substances released from products
     
2. National Pollutant Release Inventory (NPRI)
   • reliability of data including records retention and the administrative complexity of reporting requirements
     
3. Equivalency and Administrative Agreements
   • more effective use of equivalency agreements
   • more flexible timeframes for reviewing agreements
     
4. Managing Canadian Sources of International Pollution
   • clarifying the criteria and procedures
     
5. New Substances and Animate Products of Biotechnology
   • mutual acceptance of other countries' assessments
   • prohibiting the sale or use of certain new substances
   • remedial measures for animate products of biotechnology
     
6. Disposal at Sea
   • requirement to publish disposal at sea permits in the Canada Gazette
   • the length of permit terms
     
7. Vehicle and Engine Emissions
   • alignment of CEPA 1999 regulations with U.S. regulations
     
8. Hazardous Waste and Hazardous Recyclable Materials
   • requirement for exporters to prepare waste reduction plans
   • possibility of revoking or changing the terms of a permit
     
9. Environmental Emergencies Officers
   • use of environmental emergencies officers with appropriate powers
     
10. Enforcement
    • sharing of information among enforcement agencies
    • authority to rely on labels during Environmental Protection Compliance Order hearings
      
11. Economic Instruments
    • effective use of the current authorities
    • authority to auction units
      
12. Mandatory Review Period
    • balancing the need to keep legislation current against the need to have adequate implementation experience with the legislation

1. Environmental protection for federal operations and activities on federal lands
   
2. Environmental protection on aboriginal lands
   
3. Managing the risks of products of biotechnology and emerging technologies

Canadians have indicated that the Act is fundamentally sound.

Enhanced implementation will address many of the issues related to CEPA 1999 that Canadians identified during consultations in preparation for the Review.

Effective, fair and efficient implementation is an essential part of the environmental and health protection equation.