3. Outline of Planned Consultations Process

Stakeholder input is essential to ensuring an effective amendment process. Throughout this process, views will be sought from the industry involved in transboundary movements of hazardous wastes, from community and environmental non-governmental organizations and from aboriginal groups. Given their role in reviewing import notices and in establishing national harmonized definitions for hazardous waste and hazardous recyclable materials, provinces will also play an important role in the amendment process.

This discussion paper is intended to begin the public consultation process. This initial phase of consultations involves the publication of this paper to seek preliminary written comments from interested stakeholders. This phase will also involve both one-on-one discussions with various stakeholders and regional meetings with groups of stakeholders in February and March 2001.

The initial consultation process will be followed by a comprehensive public consultation document detailing the proposed elements of a revised regulation. Public consultations with stakeholders on that document are then anticipated for the late summer/early fall of 2001. Following these consultation sessions, draft regulations to amend the current EIHWR will be prepared and a socio-economic study on the potential impact of the new regulations will be undertaken. This socio-economic study will involve a cost-benefit analysis on the proposed amendments that will be used to develop the Regulatory Impact Assessment Statement which must accompany the proposed amendment. Depending on the outcome of this study, additional stakeholder consultations may be required in the first half of 2002, which may result in further changes to the proposed controls.

The formal regulatory process would then be followed. The Statutory Instruments Act (R.S., 1985, C. S-22) establishes the basic legal process the federal government must follow when developing regulations. The process is summarized as follows:¹

1. A copy of the regulations proposed to be made by the Minister or the Governor in Council under CEPA is published by the Minister in Part I of the Canada Gazette, Canada's official parliamentary journal.
2. Within 60 days after the publication of a proposed regulation, any person, including a representative of the government of any country that would be affected by or benefit from it, may file with the Minister written comments on the proposed regulation.
3. Once a proposed regulation has been finalized, taking into account the comments received during the 60-day public consultation period, the final official regulation is published in Part II of the Canada Gazette. It is expected that the EIHWHRMR would be ready for Gazetting in Part I by the end of 2002.

¹ Government of Canada, CEPA Environmental Registry