Proposed Canada-Saskatchewan Environmental Occurrences Notification Agreement

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1. Introduction
2. Definitions
3. Objectives
4. Management Committee
5. Activities
6. Access to Information and Privacy
7. Financial Provisions
8. Interpretation
9. Duration of the Agreement
10. Amendment to the Agreement
11. Dispute Resolution
12. Consequential Amendments
13. Contacts

BETWEEN

THE GOVERNMENT OF CANADA
as represented by the federal Minister of the Environment
and the federal Minister of Fisheries and Oceans
("Canada")

AND

THE GOVERNMENT OF SASKATCHEWAN
as represented by the Saskatchewan Minister of Environment
("Saskatchewan")

(collectively, the "Parties")

WHEREAS both Canada and Saskatchewan are committed to attaining the highest level of environmental quality as a means to enhance the health and well-being of Canadians and to preserve the natural environment;

AND WHEREAS the Canadian Council of Ministers of the Environment endorsed the Statement of Interjurisdictional Cooperation on Environmental Matters (1990) to provide an overall framework for effective intergovernmental cooperation on environmental matters;

AND WHEREAS Canada and Saskatchewan recognize that there is a benefit to adopting a cooperative approach to reduce administrative duplication resulting from comparable legislative and regulatory provisions and that there is a need to specify the procedures of this approach in an agreement;

AND WHEREAS the federal Minister of the Environment has the responsibility for administering and enforcing sections 36 to 42 of the Fisheries Act, R.S.C. 1985, c. F-14;

AND WHEREAS section 9 of the Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33 (CEPA, 1999), authorizes the federal Minister of the Environment, with the approval of the Governor in Council, to enter into an agreement with a government;

AND WHEREAS section 5 of the Department of Fisheries and Oceans Act, R.S.C. 1985, c. F-15, authorizes the federal Minister of Fisheries and Oceans, with the approval of the Governor in Council, to enter into agreements with the government of any province or any agency thereof respecting the carrying out of programs for which the federal Minister of Fisheries and Oceans is responsible;

AND WHEREAS subsection 3(4) of the Environmental Management and Protection Act, 2002, S.S. 2002, c. E-10.21, authorizes the Saskatchewan Minister of Environment to enter into agreements with the government of Canada or of any other province, or with any agency of such a government, dealing with responsibilities and activities respecting environmental and climate protection;

AND WHEREAS the Governor in Council, by Order in Council «insert the reference», has approved that the federal Minister of the Environment and the federal Minister of Fisheries and Oceans, on behalf of Canada, enter into this Agreement with Saskatchewan;

AND WHEREAS the Lieutenant Governor in Council, by Saskatchewan Order in Council «insert the reference», has approved that the Saskatchewan Minister of Environment, on behalf of Saskatchewan, enter into this Agreement with Canada;

NOW THEREFORE, in consideration of the mutual premises contained in this Agreement, the Parties agree as follows:

This is an Agreement between Canada and Saskatchewan establishing procedures for the receipt and timely transfer of information between the Parties concerning the notification of environmental occurrences.

This Agreement amends the 1994 Canada-Saskatchewan Administrative Agreement for the Canadian Environmental Protection Act (the “1994 CEPA Agreement”), with respect to the notification of environmental occurrences. Furthermore, this Agreement amends the 1994 Canada-Saskatchewan Administrative Agreement for the Control of Deposits of Deleterious Substances under the Fisheries Act (the “1994 Fisheries Act Agreement”), with respect to the notification of environmental occurrences.

In this Agreement, the terms below shall have the following meanings:

"aboriginal land" means aboriginal land as defined in subsection 3(1) of CEPA, 1999;

"Annual Average Percentage Changes for the Consumer Price Index -- All Items, Not Seasonally Adjusted, Canada, Provinces, Urban Centres" means the annual average percentage change for Canada regarding the Consumer Price Index -- All items, not seasonally adjusted, Canada, provinces, urban centres, established annually by Statistics Canada;

"CEPA, 1999" means the Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33, as amended;

"Consumer Price Index" means an indicator of changes in consumer prices experienced by Canadians, obtained by comparing through time the cost of a fixed basket of commodities purchased by consumers;

"deleterious substance" means deleterious substance as defined in subsection 34(1) of the Fisheries Act;

"deposit" means deposit as defined in subsection 34(1) of the Fisheries Act;

"Environment Canada" means the federal Department of the Environment;

"environmental occurrence" means:

1. a release of a substance into the environment, or the likelihood thereof, in contravention of a regulation described in section 95, 169, 179 or 212, or in contravention of an order described in section 95, of CEPA, 1999;
2. an environmental emergency under section 201 of CEPA, 1999;
3. a deposit of a deleterious substance in water frequented by fish, as described in subsection 38(4) of the Fisheries Act, or the serious and imminent danger of such a deposit;
4. other environmental incidents of federal interest; or
5. a request for Environment Canada's emergency scientific or technical expertise;

"federal land" means federal land as defined in subsection 3(1) of CEPA, 1999;

"Fisheries Act" means the Fisheries Act, R.S.C. 1985, c. F-14, as amended;

"Fisheries and Oceans Canada" means the federal Department of Fisheries and Oceans;

"notification" or "notify" means the transfer of any information concerning an environmental occurrence by a person to Canada or Saskatchewan by means of its twenty-four hours a day, seven days a week (24/7) notification system (which includes Saskatchewan's 24/7 toll-free telephone line), but does not refer to the written follow-up reports as may be required under CEPA, 1999 or the Fisheries Act;

"other environmental incidents of federal interest" include the following:

1. a release or deposit of a substance harmful to the environment, other than a release or deposit that is subject to CEPA, 1999 or the Fisheries Act, that occurs on federal land or aboriginal land;
2. a release of a substance that causes or threatens to cause adverse effects to public safety, security, health or welfare, to the environment or to property along an interjurisdictional or international boundary; and
3. a release of a substance that is of a magnitude that causes or threatens to cause substantial adverse effects to public safety, security, health or welfare, to the environment or to property of Canadian citizens;

"release" means release as defined in subsection 3(1) of CEPA, 1999;

"Statistics Canada" means Canada's national statistical agency.

The objectives of this Agreement are to:

3.1 provide an effective and efficient system for persons required to notify the appropriate authorities of environmental occurrences, in accordance with federal and provincial legislation; and

3.2 provide an effective and efficient system for Saskatchewan to receive and advise Environment Canada of any notification of an environmental occurrence received by Saskatchewan.

The Parties shall establish a Management Committee to oversee the implementation of this Agreement. The Management Committee shall include an equal number of federal and provincial officials appointed respectively by the Parties.

The Management Committee shall be jointly chaired by a representative of Canada and a representative of Saskatchewan. The co-chairs shall be considered members of the Management Committee.

4.3.1 The Management Committee shall meet a minimum of once per fiscal year (April to March) or upon the written request of one of the Parties, at a place and time mutually agreed to by the co-chairs.

4.3.2 When a member of the Management Committee will be absent from a Committee meeting, the Party who appointed that member shall appoint a replacement for this member.

4.3.3 All decisions of the Management Committee shall be made on a consensus basis. In the case that the Management Committee cannot reach a consensus, the outstanding issue shall be submitted to the Contacts identified in section 13 of this Agreement.

4.3.4 The Management Committee may establish procedures for the administration and operation of the Committee.

4.3.5 Notwithstanding the expiry or termination of this Agreement, the Management Committee shall have six months to complete its activities following the expiry or termination.

The responsibilities of the Management Committee include the following:

4.4.1 establishing standard operating procedures:

1. for the collection and processing of notifications of environmental occurrences received by Saskatchewan under this Agreement, as well as for the transmittal of this information by Saskatchewan to Environment Canada; and
2. for the collection and processing of notifications of environmental occurrences in Saskatchewan received by Environment Canada under this Agreement, as well as for the transmittal of this information by Environment Canada to Saskatchewan.

4.4.2 exploring opportunities and implementing changes that enhance the effectiveness of information management (including, but not limited to, information receipt, transfer and archiving, and notification generation);

4.4.3 establishing performance standards regarding information management (including, but not limited to, information receipt, transfer and archiving, and notification generation);

4.4.4 reviewing the administration of this Agreement on an annual basis;

4.4.5 within the two weeks following every Management Committee meeting, preparing minutes and transmitting these minutes to the members of the Management Committee; and

4.4.6 making written recommendations to the Contacts identified in section 13 of this Agreement on the potential need to revise this Agreement, as and where appropriate, and consolidating in a finalized document all written recommendations no later than six months before the expiry of this Agreement.

5.1.1 Saskatchewan and Environment Canada agree to maintain and monitor a 24/7 notification system to receive, assess, and document the notification of environmental occurrences.

5.1.2 Saskatchewan agrees to maintain and operate a 24/7 toll-free telephone line, as part of its 24/7 notification system.

5.1.3 Upon receiving a notification of an environmental occurrence, Saskatchewan agrees to advise Environment Canada in accordance with the standard operating procedures, as amended from time to time, established under section 4.4.1 of this Agreement.

5.1.4 In the event that Environment Canada receives a notification of an environmental occurrence in Saskatchewan, Environment Canada agrees to advise Saskatchewan in accordance with the standard operating procedures, as amended from time to time, established under section 4.4.1 of this Agreement.

5.1.5 Saskatchewan agrees to provide mutually acceptable access to the audio recordings of telephone calls related to the notification of environmental occurrences for at least two years following the date on which the calls were received.

5.1.6 Environment Canada agrees to publicize Saskatchewan's 24/7 toll-free telephone line through various means, including printed publications and on-line announcements or notices.

5.2.1 Saskatchewan agrees to provide Environment Canada with electronic copies of the records of environmental occurrence notifications that Saskatchewan receives, in accordance with the standard operating procedures, as amended from time to time, established under section 4.4.1 of this Agreement.

5.2.2 Environment Canada agrees to provide Saskatchewan with electronic copies of the records of environmental occurrence notifications that Environment Canada receives, in accordance with the standard operating procedures, as amended from time to time, established under section 4.4.1 of this Agreement.

Environment Canada agrees to provide Saskatchewan with training and information sessions, without cost to Saskatchewan, on an annual basis, or more frequently if either Party deems it to be necessary, concerning Canada's information requirements related to this Agreement.

In accordance with the Official Languages Act, R.S.C. 1985, c. 31 [4th Supp.], Environment Canada agrees to provide 24/7 telephone support service to Saskatchewan for the receipt of notifications of environmental occurrences made in French, without cost to Saskatchewan and in accordance with the standard operating procedures, as amended from time to time, established under section 4.4.1 of this Agreement.

6.1 The Parties expressly acknowledge that their respective access to information and protection of privacy legislation shall be applicable to information received pursuant to this Agreement and agree to work together to honour and respect each other's legal obligations under that legislation.

6.2 The Parties agree to provide each other with notice of any application for access to information received pursuant to this Agreement.

In support of the operation and maintenance of Saskatchewan's 24/7 notification system, the following financial provisions apply:

7.1 Saskatchewan shall provide an invoice for payment in the amount of $10 000 for services rendered during the fiscal year during which this Agreement comes into effect. This invoice shall be sent between March 10 and March 31 of that fiscal year. Environment Canada shall make a payment to Saskatchewan for that amount, within 30 days of receipt of the invoice.

7.2 For each subsequent fiscal year after the Agreement comes into effect, Saskatchewan shall provide an invoice for payment that corresponds to the payment made in the previous fiscal year, indexed in accordance with the Annual Average Percentage Changes for the Consumer Price Index -- All Items, Not Seasonally Adjusted, Canada, Provinces, Urban Centres, for the calendar year that immediately precedes the fiscal year for which payment is being requested, for the services rendered between April 1 and March 31 of that subsequent fiscal year. Saskatchewan shall send its invoice to Environment Canada between March 10 and March 31 of the fiscal year during which the services are rendered. Upon receipt of this invoice from Saskatchewan, Environment Canada shall make a payment to Saskatchewan for that amount, within 30 days of receipt of the invoice.

Nothing in this Agreement shall be construed as:

8.1 having an impact on the distribution of Constitutional powers between the two Parties;

8.2 restricting in any way the respective authority of Canada or Saskatchewan to enforce its statutes or regulations; or

8.3 modifying the application of any statute or regulation in effect in Canada or in Saskatchewan.

9.1 This Agreement comes into effect on the day on which the federal Release and Environmental Emergency Notification Regulations and the federal Deposit Out of the Normal Course of Events Notification Regulations come into force.

9.2 This Agreement terminates five years after the date on which it comes into effect, in accordance with subsection 9(7) of CEPA, 1999, or at a later date, in accordance with any future amendments to subsection 9(7).

9.3 This Agreement may be terminated earlier by either Party giving the other Party at least three months notice.

9.4 Should any amendments be made to subsection 9(7) of CEPA, 1999 to reduce or eliminate the minimum requirement of at least three months notice of early termination, the Parties agree that the Agreement may be terminated early by either Party giving the other Party at least three months notice.

9.5 Notwithstanding sections 9.3 and 9.4, each Party agrees to make all reasonable efforts to provide the other Party with at least six months written notice of the early termination of this Agreement.

This Agreement may be amended from time to time, in writing, by consent of the Parties and subject to any necessary approval of the Governor in Council and the Lieutenant Governor in Council.

Any disputes regarding the interpretation or implementation of this Agreement will be resolved by consultation between the Parties and will not be referred to a tribunal, court or any other third party for settlement.

12.1 Pursuant to section 8 of the 1994 CEPA Agreement, this Agreement amends the 1994 CEPA Agreement as follows:

12.1.1 by deleting sections 3.1 and 4.1 to 4.5 of Annex 2 to the 1994 CEPA Agreement;

12.1.2 by replacing all references to “Associate Deputy Minister, Policy and Programs Division, SERM” in the 1994 CEPA Agreement with “Executive Director, Industrial Branch, Saskatchewan Ministry of Environment”;

12.1.3 by replacing all references to “Manager, Saskatchewan Division, Environmental Protection Branch, Prairie and Northern Region, EC” in the 1994 CEPA Agreement with “Director, Environmental Protection Operations Directorate, Prairie and Northern Region, Environment Canada”;

12.1.4 by deleting the following definitions in section 1 of the 1994 CEPA Agreement: “CEPA”, “CEPA Inspector”, “Environment Officer” and “SERM”;

12.1.5 by adding the following definitions to section 1 of the 1994 CEPA Agreement:

“CEPA, 1999” means the Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33, as amended;

“Enforcement Officer” means an enforcement officer designated under section 217 of CEPA, 1999;

“Environment Officer” means an environment officer as defined in section 2 of the Environmental Management and Protection Act, 2002, S.S. 2002, c. E-10.21;

“Saskatchewan Ministry of Environment” means the Ministry of Environment for the province of Saskatchewan;

12.1.6 by stating that, in the 1994 CEPA Agreement:

1. all references to the Canadian Environmental Protection Act or to “CEPA”, and to specific provisions of CEPA, are to be replaced with the Canadian Environmental Protection Act, 1999 or “CEPA, 1999”, and the corresponding provisions in CEPA, 1999, respectively, with the exception of the reference to the Canadian Environmental Protection Act in the title of the 1994 CEPA Agreement and with the exception of the reference to section 98 of the Canadian Environmental Protection Act in the preamble to the 1994 CEPA Agreement;
2. all references to “CEPA Inspector” are to be replaced with “Enforcement Officer”;
3. all references to “SERM” are to be replaced with “Saskatchewan Ministry of Environment”;

12.1.7 by replacing section 4.6 of Annex 2 to the 1994 CEPA Agreement with the following:

4.6 The Saskatchewan Ministry of Environment will automatically be the lead response agency for all reported environmental occurrences in the province except for the following types of occurrences:

1. an environmental occurrence involving a substance specified on the List of Toxic Substances in Schedule 1 of CEPA, 1999 and where there is a reporting requirement pursuant to regulations under CEPA, 1999;
2. an environmental occurrence involving, or which may have an effect on, federal lands, works or undertakings; and
3. an environmental occurrence involving, or which may affect, lands or waters outside of the territorial boundaries of Saskatchewan.

For these types of environmental occurrences, the lead response agency will be initially determined jointly by the federal Enforcement Officer and provincial Environment Officer receiving the report of the environmental occurrence. The assignment of roles may be subsequently reversed by agreement between the Director, Environmental Protection Operations Directorate, Prairie and Northern Region, Environment Canada and the Executive Director, Industrial Branch, Saskatchewan Ministry of Environment.

12.2 Pursuant to section 8 of the 1994 Fisheries Act Agreement, this Agreement amends the 1994 Fisheries Act Agreement as follows:

12.2.1 by deleting sections 3.1 and 4.1 to 4.3 of Appendix 2 to the 1994 Fisheries Act Agreement;

12.2.2 by replacing all references to “Associate Deputy Minister, Policy and Programs Division, SERM” in the 1994 Fisheries Act Agreement with “Executive Director, Industrial Branch, Saskatchewan Ministry of Environment”;

12.2.3 by replacing all references to “Manager, Saskatchewan Division, Environmental Protection Branch, Prairie and Northern Region, EC” in the 1994 Fisheries Act Agreement with “Director, Environmental Protection Operations Directorate, Prairie and Northern Region, Environment Canada”;

12.2.4 by deleting the following definitions in section 1 of the 1994 Fisheries Act Agreement: “Environment Officer” and “SERM”;

12.2.5 by adding the following definitions to section 1 of the 1994 Fisheries Act Agreement:

“Environment Officer” means an environment officer as defined in section 2 of the Environmental Management and Protection Act, 2002, S.S. 2002, c. E-10.21;

“Saskatchewan Ministry of Environment” means the Ministry of Environment for the province of Saskatchewan;

12.2.6 by stating that, in the 1994 Fisheries Act Agreement, all references to “SERM” are to be replaced with “Saskatchewan Ministry of Environment”;

12.2.7 by replacing section 4.4 of Appendix 2 to the 1994 Fisheries Act Agreement with the following:

4.4 The Saskatchewan Ministry of Environment will automatically be the lead response agency for all reported environmental occurrences in the province, except for the following types of occurrences:

1. an environmental occurrence involving a deposit into fish bearing waters of a deleterious substance, in water frequented by fish or which is likely to result in harmful alteration, disruption or destruction of fish habitat;
2. an environmental occurrence involving or which may have an effect on federal lands, works or undertakings; and
3. an environmental occurrence involving or which may affect lands or waters outside of the territorial boundaries of Saskatchewan.

For these types of environmental occurrences, the lead response agency will be initially determined jointly by the Fisheries Act Inspector and provincial Environment Officer receiving the report of the environmental occurrence. The assignment of roles may be subsequently reversed by agreement between the Director, Environmental Protection Operations Directorate, Prairie and Northern Region, Environment Canada and the Executive Director, Industrial Branch, Saskatchewan Ministry of Environment.

The following persons are the Contacts for this Agreement:

• Director
  Environmental Protection Operations Directorate
  Prairie and Northern Region
  Environment Canada
  
• Executive Director
• Industrial Branch
  Saskatchewan Ministry of Environment

IN WITNESS WHEREOF, this Agreement has been executed on behalf of Canada by the federal Minister of the Environment and by the federal Minister of Fisheries and Oceans, and on behalf of Saskatchewan by the Saskatchewan Minister of Environment.

GOVERNMENT OF CANADA

Minister of the Environment

Date

Minister of Fisheries and Oceans

Date

GOVERNMENT OF SASKATCHEWAN

Minister of the Environment

Date