CANADA-CHILE COMMISSION FOR ENVIRONMENTAL COOPERATION

THIRD WORK PROGRAM (2002)

Approved by Council

PRELIMINARY VERSION

TABLE OF CONTENTS

Introduction

Cooperative Activities

• Theme One: Enforcement and Compliance with Environmental Legislation
• Theme Two: Participation of civil society in environmental management
• Theme Three: Trade and the Environment
• Theme Four: Health and the Environment

Budget

Introduction

One of the main objectives of the Canada-Chile Agreement on Environmental Cooperation (CCAEC) is to promote environmental cooperation between the two Parties.

The present work program of the Commission for Environmental Cooperation covers the period between the third and fourth Sessions of the Council. It takes into account previous and current cooperative activities between the two countries.

In order to achieve the objectives of the CCAEC and help fulfill the obligations of the Parties, the third work program of the Commission focuses on four priority areas:

1. Environmental Enforcement and Compliance;
2. Participation of Civil Society in Environmental Management;
3. Trade and the Environment; and
4. Health and Environment.

In March and April of 2001, Hemispheric leaders at the Summit of the Americas and Environment Ministers at the Meeting of Environment Ministers of the Americas acknowledged the need to build stronger bridges between environment and health sectors. Canada and Chile have chosen to respond to this encouragement by adding the fourth priority area, Health and Environment to the work program.

This work program is intended to build on the joint work done over the last few years in the two countries and to produce concrete results. The activities proposed for this third program are designed to strengthen environmental protection in the two countries, to encourage the dissemination of information and to facilitate the establishment of networks among government officials, professionals, researchers and organizations sharing similar interests. The National Secretariats will continue to coordinate the implementation of the various projects. Experts and relevant organizations in both countries will be invited to assist in the delivery of the approved activities. Expenses related to project implementation will be shared between the two governments.

Information on the results achieved under this third work program will be reviewed in the fourth annual report on the CCAEC which will be presented to Council at its Fourth Regular Session.

Cooperative Activities

Theme One: Enforcement and Compliance with Environmental Legislation

Background

Pursuant to Article 5 of the Canada Chile Agreement on Environmental Cooperation (CCAEC), “each Party shall effectively enforce its environmental laws and regulation through appropriate government action”. To this end, as per Article 10(5), the Council shall encourage enforcement by each Party of its environmental laws and regulations, compliance with those laws and regulations and technical cooperation between the Parties”. Under Article 10 (2) (n),(o) and(p), the Council may consider and develop recommendations regarding human resource training and development in the environmental field; the exchange of environmental scientists and officials; and approaches to environmental compliance and enforcement.

General Objectives

The general objectives of the program are to strengthen the effectiveness of environmental enforcement and compliance activities in Chile and Canada, by providing a forum for the exchange of information and experiences on environmental enforcement and compliance policies, tools and practices, and to support access to information on environmental data, and to enhance environmental monitoring.

Activities

02.1.1 National Enforcement Management Information System and Intelligence Systems (NEMISIS) Phase II

This project also builds on work begun in the previous work program under project number 00.1.3. During the first phase officials from Environment Canada visited Chile to demonstrate the features of Canada's National Enforcement Management Information System and Intelligence Systems (NEMISIS). This is a new electronic information data base for tracking and managing the department's enforcement activities under federal environmental and wildlife legislation enforced by Environment Canada (EC). As a management tool, NEMISIS can be used to monitor trends, set priorities and prepare regular and special purpose reports. It is available to inspectors, investigators, wildlife officers and managers to record all pertinent information related to occurrence reports, inspections and investigations.

Under this phase, CONAMA will conduct an internal feasibility study. This study will aim to assess the applicability of NEMISIS in the Chilean context and will identify all considerations that will need to be taken into account to successfully transfer the platform to Chile. The study will estimate costs involved in modifying the system for Chile and will outline necessary modifications. Canadian officials and technicians will provide advice and support to Chilean officials during the preparation of this study.

Time frame: July-September 2002

Estimated cost: In-kind contribution of CONAMA and Environment Canada officials.

Expected results: Analysis of the feasibility of transferring the platform to Chile

Theme Two: Participation of civil society in environmental management

Background

The promotion of transparency and public participation in environmental management are two other objectives of the CCAEC. Article 10 (6)(a) directs the Council “to promote and, as appropriate, develop recommendations regarding public access to information concerning the environment that is held by public authorities of each Party, including information on hazardous materials and activities in its communities, and opportunity to participate in decision-making processes related to such public access”.

A number of articles of the CCAEC address directly and indirectly public participation and education in environmental matters, including environmental laws and policies.

General Objectives

The general objectives of this section of the work program are to enhance the participation of civil society in environmental management and to promote environmental citizenship in both countries. Projects in this area will facilitate the exchange of information and experiences between non-governmental as well as governmental organizations on a wide variety of topics, including public participation initiatives in Canada and Chile, the CCAEC cooperative activities, and environmental legislation.

Activities

02.2.1 Policy Forum on Public Participation in Environmental Management

Building on the results of the reports on public participation (1999 and 2001) as well as the Workshop on Public Participation (project number 00.2.2) that occurred in October of 2000, Parties have agreed to hold a workshop on Best Practices in Canada to discuss key issues and state of the art approaches to promoting and enhancing effective public participation in environmental management.

This workshop will showcase a variety of Government of Canada and Environment Canada public participation initiatives. Participants will include representatives from CONAMA as well as representatives from Chile's NGO and academic communities.

Time Frame: The Policy Forum would take place prior to the 4th Session of the Council.

Estimated Costs: This project will require significant in-kind contributions from Environment Canada and CONAMA officials. The costs of travel for the Chilean delegation (Cdn$20,000) will be shared between CONAMA and Environment Canada.

Expected Results:

• Exchange of information on key policy issues
• Improved awareness of techniques and approaches to public participation

02.2.2 Pollutant Release and Transfer Register

The objectives of the project is to assess the feasibility for a Pollutant Release and Transfer Register (PRTR) system in Chile and to enhance Canada's National Pollutant Release Inventory (NPRI) through a joint project with Chile and United Nations Institute for Training and Research (UNITAR). This project is intended to promote public participation and to facilitate access to information on the quality of the environment. In addition, it has been demonstrated that PRTRs can contribute to reducing emissions of pollution to air, water and land, and promote effective environmental management overall.

The project was included in the 2000-2001 work program (project number 00.2.6). It was originally scheduled to take place in October of 2001 but was postponed as a result of the events of September 11th. This workshop will occur in Chile in early 2002. It will involve an initial workshop on Pollutant Release and Transfer Registers (PRTR's) in Chile which will include all affected and interested parties from both public and private sectors. The workshop will make use of the practical experience gained through the Canadian national and other PRTR programs, the UNITAR's standard guidance and training materials and Chile's experience with emissions inventories work.

Time frame: The two-day workshop will be held in early 2002 in Chile

Estimated cost: $30,000

Expected results: A national PRTR workshop report that outlines the benefits and challenges of a national PRTR system in Chile.

02.2.3 Dissemination of Information on Environmental Management

Recognizing that access to information on environmental issues is fundamental to effective public participation in environmental management. The Canada-Chile Commission agreed to update and continue activities that were part of previous work programs as appropriate. These activities include:

CCAEC Websites (past activities 00.2.4 and 99.2.4)

• Each National Secretariat has created its own internet site on the CCAEC. These sites provide the general public access to the official text of the Agreement, activities of the Commission for Environmental Cooperation, joint cooperative projects, and associated documents and publications. The National Secretariats work together to ensure parallel development and maintenance of the sites, and similar structure and content
• The website can be found in the three languages of both Parties at: http://can-chil.gc.ca http://www.conama.cl/chile-canada

Action at the Community Level Webpage (past activities 00.2.3 and 99.2.3)

• A web-page was created under the 1999 Annual Program highlighting national community level programs in the two countries.

Environmental law and Regulations Database (past activities 00.2.5 and 99.2.5)

• The objective of this project was to provide easy access to current Canadian and Chilean environmental legislation. A database containing a full listing and legal references, as well as summaries of federal and national environmental laws and regulations in effect in the two countries with hotlinks to full text on line is maintained on the Canada-Chile website.

Enforcement and Compliance Report (past activities 00.1.1 and 99.1.1)

• In order to foster and maintain a good understanding of how each government is enforcing its environmental laws and regulations, the National Secretariats will regularly update and post on the website the content of the 1999 and 2001 reports entitled “Environmental Enforcement and Compliance Frameworks in Canada and Chile”. This report is a vehicle for sharing information on inspection functions, constitutional and legislative context, enforcement policies and tools, and compliance promotion.

Estimated cost: $15,000

Expected results:

• Enhanced awareness by Canadian and Chilean communities of programs undertaken at the local level in both countries
• Public access to current electronic information in the three official languages of the Agreement on the CCAEC and the Commission
• Improved access to information about Chile's environmental management system for Canadians and vice versa.

Theme Three: Trade and the Environment

Background

Several articles of the CCAEC address trade and environment issues, including Article 1 and Article 10(7). These stipulate that the Agreement should support the environmental goals and objectives of the Canada Chile Free Trade Agreement while avoiding the creation of trade distortions or new trade barriers, and that the Agreement should promote economically efficient and effective environmental measures.

It is generally accepted that free trade, by generating increased wealth, can raise levels of environmental protection. However, trade liberalization, by increasing economic activity, may also result in adverse effects on the environment. To avoid these adverse consequences, effective environmental management must accompany trade liberalization.

The relationship between trade and the environment has been the subject of debate and analysis in diverse fora, particularly in recent years. Given its increasing importance on the international agenda, Canadian and Chilean representatives decided that a useful means of supporting the environmental goals of the CCFTA, would be to jointly analyze and discuss trade and environment issues of common interest. A more in-depth, shared understanding of some key issues would benefit the bilateral relationship, and could lead to the sharing of positions in other fora.

General Objective

The primary objective is to establish and maintain a constructive and collaborative dialogue on trade and environment in the context of the CCAEC, in the trade liberalization process underway in the Americas, and in the broader debate at the international level.

Activities

02.3.1 Round Table on Trade and Environment

A permanent Round Table on Trade and Environment issues was established in the previous work program (project number 00.3.1). Each Round Table consisted of governmental and public portions. The governmental portion allowed Canadian and Chilean officials from environment and foreign affairs departments to discuss key policy developments and positions. The public portion invited academic, business and NGO representatives to participate in a discussion on key themes. The first three themes of the series were: precaution; environmental assessments of free trade agreements; and certification.

Parties have agreed to continue the Round Tables and their format. The round tables are intended to facilitate the exchange of information, experiences and points of view on the trade and environment relationship, and to explore potential areas of cooperation.

Time frame: It is anticipated that two Round Tables will be held during the period between the Third and Fourth Council Sessions. The timing of these tables will attempt to take advantage of international meetings.

Estimated cost: $ 20,000

Expected results: Better shared understanding of the impacts of trade liberalization on the environment, and a better understanding of respective positions.

Theme Four: Health and the Environment

Background

Environmental challenges such as air pollution, the management and transport of hazardous substances, the misuse of pesticides, the thinning of the ozone layer and climate change have tangible impacts on human health. Human health can therefor be a significant driver for action on a variety of environmental issues. Unfortunately, the division of responsibilities across Ministries does not always allow for effective engagement to address environmental issues that have a direct effect on human health. It was with this in mind, that hemispheric leaders at the Summit of the Americas and Environment Ministers at the Meeting of Environment Ministers of the Americas in northern spring of 2001acknowledged the need to build stronger bridges between environment and health sectors.

As a result, Canadian and Chilean officials agreed to cooperate in activities that will improve mechanisms that facilitate the discussion, coordination and collaboration between Health and Environment Ministries in the area of Health and Environment.

Several articles of the CCAEC stress the importance of fostering the protection and improvement of the environment for the well-being of present and future generations and cooperating in areas related to the strengthening of environmental policies, practices and procedures. Furthermore, the Agreement obliges each Party to effectively enforce its environmental laws and regulations. Because the definition of environmental law in Article 44 paragraph 2 (a), includes any statue or regulation with the primary purpose to protect the environment, or prevent danger to human life or health through the control of pollutant or toxic emissions or the protection of wildlife and natural areas, both the Chilean Ministry of Health and Health Canada administer and enforce environmental laws in conjunction with CONAMA and Environment Canada respectively.

General Objective

The primary objective of the project is to strengthen the existing capacities in both countries to develop and implement policies and regulations in the area of health and environment.

Secondary objectives include building links between health and environment policy-makers in Chile and Canada and identifying areas of future cooperation.

Activities

02.4.1 Policy Forum on Health and Environment

As mentioned above, establishing a clear link between environmental problems and their impact on health is a very effective driver for action. A mechanism to discuss, coordinate and collaborate on policy development in the area of health and the environment cannot be overstated. Under this project, Chilean and Canadian government officials from both health and environment sectors will hold a policy forum to discuss key emerging issues in the area of health and environment.

Time frame: The Policy Forum will be held before the Fourth Council Session. The timing of this Forum will attempt to take advantage of international meetings which involve health and environment officials.

Estimated cost: $ 20,000

Expected results:

• Improved understanding of how health and environmental issues are coordinated in each country
• Improved inter-sectoral cooperation at national levels
• Close examination of relevant and emerging topics in the area of health and environment
• Generation of potential themes or projects for future cooperation and discussion

02.4.2 Implementation of Basel Convention

The primary objective of the Basel Convention is to limit and control the transboundary movement of hazardous waste. This project advances the work that was conducted in the second work program (2000-2001) under project number 00.1.2. During the first phase of the project, a Chilean delegation representing the three institutions mentioned above, visited Canada with the purpose of acquainting themselves with Canadian progress in implementing the Convention. The delegation met with Canadian officials responsible for the enforcement of transboundary movement of hazardous waste and witnessed a site inspection at a border facility.

In Phase II of the project, a workshop will be held in Chile to assist Chilean officials in the implementation of their commitments under the Basel Convention and the environmental management of hazardous wastes. The workshop will include presentations describing the Canadian experience in implementing the Basel Convention looking at both regulatory and administrative systems as well as enforcement. The workshop will also include a presentation on the current system in Chile followed by an informal discussion on the possible steps that could be taken by Chile to improve their implementation of Convention obligations.

Time Frame: Workshop to occur before the end of 2002.

Estimated cost: $25,000

Expected result:

• Exchange of information to promote the implementation of the Convention in Chile

Budget

1. Cooperative activities

Estimated costs related to the implementation of the various projects are as follows:

*The estimated costs in table have been cumulated and indicated in each country's currency.

2. The Joint Public Advisory Committee (JPAC)

ll expenses related to supporting the activities of the JPAC will be shared by the two parties according to the Rules of procedure for the JPAC and the National Secretariats. Expenses include the reimbursement of travel expenses of JPAC members, organization of their meetings, translation of documents and simultaneous translation, as required. Administrative, technical and operational support will be provided by the two National Secretariats.

3. The Joint Submission Committee (JSC) and Experts in Environmental Matters

Each Party will ensure that funds are available to handle submissions on enforcement matters as required. Costs associated with the work of the Joint Submission Committee and the preparation of factual records will be equally shared by the two countries, administrative support will be provided by the National Secretariats.

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Last updated: 2003-09-24
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