Canadian Environmental Protection Act, 1999 | |
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Parliament of Canada | |
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Citation | S.C. 1999, c. 33 |
Enacted by | Parliament of Canada |
Assented to | September 14, 1999 |
Commenced | March 31, 2000 |
Legislative history | |
Bill citation | Bill C-32 |
Introduced by | Christine Stewart, Minister of the Environment |
First reading | March 12, 1998 |
Second reading | April 28, 1998 |
Third reading | June 1, 1999 |
First reading | June 2, 1999 |
Second reading | June 8, 1999 |
Third reading | September 13, 1999 |
Repeals | |
Canadian Environmental Protection Act (c. 16, R.S.C. 1985 (4th Supp.)) | |
Summary | |
Legislative summary |
The Canadian Environmental Protection Act, 1999 (CEPA, 1999; French : Loi canadienne sur la protection de l'environnement (1999)) is an act of the 36th Parliament of Canada, whose goal is to contribute to sustainable development through pollution prevention and to protect the environment, human life and health from the risks associated with toxic substances. It covers a diversity of activities that can affect human health and the environment, and acts to address any pollution issues not covered by other federal laws. As such, the act is a "catch all" piece of legislation that ensures potentially toxic substances are not inadvertently exempt from federal oversight as a result of unforeseen legislative loopholes.
The act also recognizes the contribution of pollution prevention and the management and control of toxic substances and hazardous waste to reducing threats to Canada's ecosystems and biological diversity.
It acknowledges, for the first time, the need to virtually eliminate the most persistent toxic substances that remain in the environment for extended periods of time before breaking down and bioaccumulative toxic substances that accumulate within living organisms.
Two federal ministries, Health Canada and Environment and Climate Change Canada as they were known in 2022, work in partnership to assess potentially toxic substances and to develop regulations to control toxic substances.
Section 93 of the act provides the authority to the federal government to make regulations to restrict and manage the Canadian List of Toxic Substances (LOTS). [1] Toxic substances have characteristics outlined in Section 64. [2] Once a regulation is proposed, interested parties have 60 days to provide comments on the proposed instrument or may file a notice of objection requesting that a board of review be established. [2]
The act was originally enacted in 1988 and was designed to provide a systematic approach to assess and manage chemical substances in the environment that were not addressed under existing programs.[ citation needed ]
In 1990 with SOR/90-583: Ozone-depleting Substances Regulations No. 2 (certain bromofluorocarbons) were added to the LOTS. [3]
In 1997 the Supreme Court of Canada adjudicated the case of R. v. Hydro-Québec , by which an attempt was made to enforce the CEPA in the matter of poly-chlorinated biphenyls as a large quantity of said substances had been dumped into a stream by the respondent. Justices Gérard La Forest, Claire L'Heureux-Dubé, Charles Gonthier, Peter Cory and Beverley McLachlin held that "the environment is not, as such, a subject matter of legislation under the Constitution Act, 1867. Rather, it is a diffuse subject that cuts across many different areas of constitutional responsibility, some federal, some provincial. If a provision relating to the environment in pith and substance falls within the parameters of any power assigned to the body that enacted the legislation, then it is constitutionally valid." The fines were upheld and the CEPA was deemed valid legislation under the criminal law power. [4]
After being reviewed in the 1990s,[ citation needed ] it was replaced by the current legislation that provides new powers for health and environmental protection. It was introduced by the 26th Canadian Ministry as Bill C-32 on March 12, 1998, subsequently receiving royal assent on September 14, 1999. The act came into force on March 31, 2000.
As a Canadian statute, the act is unique for including a declaration of "primary purpose" in addition to a preamble. [5]
On April 23, 2021, the LOTS was amended by regulation to include plastic manufactured items, [6] in advance of the June 20, 2022, regulation for the Canadian ban on single-use plastics (SUP), [7] [8] [9] [10] [11] which was introduced by the Minister of Environment and Climate Change Steven Guilbeault. [9] The SUP ban included such items as straws, takeout containers, grocery bags, cutlery, stir sticks and plastic rings. [12]
The act received ENVI committee attention in 2021 because of Volkswagen Dieselgate. [13]
As of July 2022, the act had received 13 amendments over its quarter-century existence. [14]
Toxic substances have characteristics outlined in Section 64 of the CEPA. [2] Once a regulation is proposed, interested parties have 60 days to provide comments on the proposed instrument or may file a notice of objection requesting that a Board of Review be established. [2]
A useful case study for process of addition to the list is discovered by the travels of microplastic beads: [15] The end of the public input process occurred on March 10, 2016; [16] they were added to the LOTS on June 29; on November 5 proposed regulations on their uses were put forth for public comment; on June 14, 2017, final regulations were published; and on July 1, 2018, the manufacture and import of all toiletries that contain plastic microbeads were prohibited. [15]
All new substances must be evaluated for human health and environmental risks before they can be manufactured or imported into Canada. Responsibility for these evaluations is shared between Environment Canada and Health Canada and is administered by the New Substances Program, [17] which administers regulations relating to the notification of new substances into the environment. [18] [19]
Existing substances include all 23,000 substances that were in use in Canada prior to the establishment of the New Substances Notification Program, and they are all listed on the Domestic Substances List (DSL). [20] The act required systematic screening of these substances, a process that was completed in September 2006, [21] which led to the development of the Chemicals Management Plan. [22]
The 23,000 existing substances on the DSL included 67 microbial strains and 2 complex microbial cultures. [23] These substances were subject to a separate prioritization assessment [24] and accordingly evaluated. [25] [26]
Health Canada and Environment Canada share responsibility for conducting risk assessments of new biotechnology products (including micro-organisms) that are not subject to a pre-manufacture toxicity assessment under other federal legislation. Under the act, both naturally occurring and genetically modified organisms are evaluated under the New Substances Notification Regulations (Organisms). [27]
Risk assessment decisions are summarized and posted publicly. [28]
On May 30, 2023, the House of Commons passed Bill S-5, the first major update to CEPA since 1999. Viewed by the David Suzuki Foundation as "long overdue important progress", [29] Bill S-5 addresses some, but not all, of the 87 recommendations to strengthen CEPA made by a 2017 parliamentary review.
For the first time in Canadian history, the bill recognizes the right to a healthy environment. [30] The bill additionally highlights fracking and tailings ponds as particular areas of concern, granting the government more authority to request information on substances released from these processes. Moreover, Bill S-5 requires the offices of the Minister of Environment and the Minister of Health to compile a 'watch list' of substances which have either not been assessed yet, or are not in widespread use, but have the potential to be deemed 'toxic' and consequently subjected to potential regulation. [29]
Bill S-5 also adds various accountability mechanisms within CEPA that were previously lacking, such as the creation of a two-year windows in which a potential toxic chemical or substance must be assessed. [29]
Bill S-5 also amends CEPA to encourage "the development and timely incorporation" of substance testing methods alternative to those involving vertebrate animals. The government is also required to develop a plan, within two years, to 'encourage' and facilitate this transition. [31]
Bill S-5 received royal assent on June 13, 2023. [32]
Enforcement activities related to the act can include:
Fines under the Environmental Enforcement Act (EEA) range from $5,000 to $6,000,000. [33] The EEA applies to offences under CEPA 1999. The EEA also allows the enforcement officers to arrest a person without warrant, to seize or detain items related to a CEPA 1999 offence or related evidence, and to detain or redirect ships suspected of an offence. Convictions or indictments under the EEA can also result in imprisonment up to three years. Prosecutions under CEPA 1999 are listed on Environment Canada's website. [34]
Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.
A pollutant or novel entity is a substance or energy introduced into the environment that has undesired effects, or adversely affects the usefulness of a resource. These can be both naturally forming or anthropogenic in origin. Pollutants result in environmental pollution or become public health concerns when they reach a concentration high enough to have significant negative impacts.
A biocide is defined in the European legislation as a chemical substance or microorganism intended to destroy, deter, render harmless, or exert a controlling effect on any harmful organism. The US Environmental Protection Agency (EPA) uses a slightly different definition for biocides as "a diverse group of poisonous substances including preservatives, insecticides, disinfectants, and pesticides used for the control of organisms that are harmful to human or animal health or that cause damage to natural or manufactured products". When compared, the two definitions roughly imply the same, although the US EPA definition includes plant protection products and some veterinary medicines.
Environment and Climate Change Canada is the department of the Government of Canada responsible for coordinating environmental policies and programs, as well as preserving and enhancing the natural environment and renewable resources. It is also colloquially known by its former name, Environment Canada.
The Toxic Substances Control Act (TSCA) is a United States law, passed by the 94th United States Congress in 1976 and administered by the United States Environmental Protection Agency (EPA), that regulates chemicals not regulated by other U.S. federal statutes, including chemicals already in commerce and the introduction of new chemicals. When the TSCA was put into place, all existing chemicals were considered to be safe for use and subsequently grandfathered in. Its three main objectives are to assess and regulate new commercial chemicals before they enter the market, to regulate chemicals already existing in 1976 that posed an "unreasonable risk of injury to health or the environment", as for example PCBs, lead, mercury and radon, and to regulate these chemicals' distribution and use.
R v Hydro-Québec, [1997] 3 S.C.R. 213 is a leading constitutional decision of the Supreme Court of Canada. The Court held that the Canadian Environmental Protection Act, a law for the purpose of protecting the environment, constituted criminal law and was upheld as valid federal legislation.
The Water Supply Regulations 1999 are regulations imposed on the England and Wales water industry by statutory instrument.
The Pest Management Regulatory Agency (PMRA) is the Canadian government agency responsible for the regulation of pest control products in Canada under the federal authority of the Pest Control Products Act and Regulations. The agency is a branch that reports to Parliament through Health Canada. The PMRA is responsible for providing access to pest management tools while minimizing the risks to human health and the environment by “using modern evidence-based scientific approaches to pesticide regulation, in an open and transparent manner”. Their main activity areas include: new product evaluation, post market review and compliance and enforcement.
Environmental toxicology is a multidisciplinary field of science concerned with the study of the harmful effects of various chemical, biological and physical agents on living organisms. Ecotoxicology is a subdiscipline of environmental toxicology concerned with studying the harmful effects of toxicants at the population and ecosystem levels.
The regulation of chemicals is the legislative intent of a variety of national laws or international initiatives such as agreements, strategies or conventions. These international initiatives define the policy of further regulations to be implemented locally as well as exposure or emission limits. Often, regulatory agencies oversee the enforcement of these laws.
The United States is the largest grower of commercial crops that have been genetically engineered in the world, but not without domestic and international opposition.
The use of pesticides in Canada is regulated by the Pest Management Regulatory Agency, a division of Health Canada via the Pest Control Products Act. Pesticides are used predominantly by the agricultural sector. In 2016, 20% of reported pesticide sales were non-agricultural sector products, and just under 5% were domestic sector products.
Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.
Microbeads are manufactured solid plastic particles of less than one millimeter in their largest dimension. They are most frequently made of polyethylene but can be of other petrochemical plastics such as polypropylene and polystyrene. They are used in exfoliating personal care products, toothpastes, and in biomedical and health-science research.
Pesticide regulation in the United States is primarily a responsibility of the Environmental Protection Agency (EPA). In America, it was not till the 1950s that pesticides were regulated in terms of their safety. The Pesticides Control Amendment (PCA) of 1954 was the first time Congress passed guidance regarding the establishment of safe limits for pesticide residues on food. It authorized the Food and Drug Administration (FDA) to ban pesticides they determined to be unsafe if they were sprayed directly on food. The Food Additives Amendment, which included the Delaney Clause, prohibited the pesticide residues from any carcinogenic pesticides in processed food. In 1959, pesticides were required to be registered.
The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) is the Australian government's regulatory body for industrial chemicals. NICNAS is designed to help protect workers, the public and the environment from the harmful effects of industrial chemicals. It does so by making risk assessment and safety information on chemicals widely available and providing recommendations for their safe use. NICNAS also informs importers and manufacturers of their legal responsibilities.
Carnobacterium is a genus of Gram-positive bacteria within the family Carnobacteriaceae. C. divergens and C. maltaromaticum are found in the wild and in food products and can grow anaerobically. These species are not known to be pathogenic in humans, but may cause disease in fish.
Genetic engineering in North America is any genetic engineering activities in North America
A pesticide, also called Plant Protection Product (PPP), which is a term used in regulatory documents, consists of several different components. The active ingredient in a pesticide is called “active substance” and these active substances either consist of chemicals or micro-organisms. The aims of these active substances are to specifically take action against organisms that are harmful to plants. In other words, active substances are the active components against pests and plant diseases.
A perhaps extreme example of this is the recently enacted Canadian Environmental Protection Act, which contains a 'declaration' of 'primary purpose', a preamble setting forth a long list of general goals and duties, and a provision that details the general 'administrative duties' of the Government of Canada in the administration of the Act.