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Report from the Canada-Chile Commission for Environmental Cooperation
(for the period 1998-1999)
MESSAGE FROM THE COUNCIL
THE ANNUAL REPORT AT A GLANCE
- REPORT FROM THE JOINT PUBLIC ADVISORY COMMITTEE
- COUNTRY REPORTS
- REPORT ON THE 1999 PROGRAM AND BUDGET
- ADDITIONAL INFORMATION
In accordance with our obligations under the Canada-Chile Agreement on Environmental Cooperation (CCAEC), we are pleased to submit the 1999 Annual Report of the CCAEC.
The CCAEC, which entered into force in July 1997, is one of two parallel agreements, one on the environment and one on labour, to the Free Trade Agreement reached between Chile and Canada in February 1997.
The CCAEC demonstrates the importance given to environmental considerations in Canada and Chile. Its main objectives are to strengthen both the effective enforcement of domestic environmental laws and regulations, as well as to enhance environmental cooperation between the two countries.
The Canada-Chile Commission for Environmental Cooperation achieved the objectives set out in its first annual work program. The work was concentrated in two priority areas. The first such area focused on enforcement and compliance with domestic environmental laws and regulations. Activities included the publication of the report Environmental Enforcement and Compliance in Canada and Chile and a meeting of managers and inspectors from both countries for a Seminar on Enforcement Methods held in Chile in September 1999. In the second priority area, public participation in environmental management, a report on Public Participation of Civil Society in Environmental Management was issued and a seminar will follow in the fall of 2000. Substantial efforts were also directed towards developing the CCAEC websites, which provide information on various programs to promote action at the community level in both countries. The newly-created Environmental Law Databases provides easy access through the internet to both Chilean and Canadian environmental legislation.
As a result of these cooperative efforts, we have a better understanding of the environmental situation in both countries and are now better equipped to share information. The work program for year 2000 will continue to address the areas of environmental enforcement and public participation and will also explore policy issues related to trade and environment.
We are pleased to acknowledge these accomplishments and look forward to further progress and continuous engagement of the public of our two countries in the years ahead.
David Anderson, Canada, Adriana Hoffmann J, Chile
The main objectives of Canada-Chile Agreement on Environmental Cooperation (CCAEC) are: to foster the protection and enhancement of the environment in both countries; to promote sustainable development policies; and to promote transparency and public participation in the development and improvement of environmental laws, regulations, policies and practices.
The CCAEC also provides for the preparation of an Annual Report by the Commission and specifies a range of areas that the report must cover. These include both the activities of the Commission for Environmental Cooperation established under the CCAEC and the actions taken by each Party in connection with its obligations under the Agreement, including reporting on enforcement activities.
The Annual Report covers the period of January 1999 to March 31 2000 and addressed the following:
- Section I: the Joint Public Advisory Committee (JPAC) report
- Section II: the Canadian and Chilean government country reports highlighting significant actions taken to fulfill each Party’s specific obligations under the Agreement
- Section III: the report on the cooperative activities and expenses of the Canada-Chile Commission for Environmental Cooperation since January 1999
- Section IV: an overview of the Canada-Chile Agreement and the Commission for Environmental Cooperation and a report of the work carried out by the National Secretariats
The Joint Public Advisory Committee (JPAC) met for the first time at the 1st regular meeting of the Canada-Chile Commission for Environmental Cooperation (CCCEC) in November 1998. It was an opportunity for the six members of the JPAC, discuss environmental issues confronting both Canada and Chile, and to gain an understanding of the tasks ahead of them.
The JPAC met during two other occasions, in March 1999 in Montreal and October 1999 in Toronto. In Montreal, they solicited suggestions from private sector and NGO representatives regarding the need for environmental cooperation between the two countries with a view to identifying areas where the JPAC might contribute to achieving the goals of the CCAEC.
The mandate of the JPAC is rather general, for example it provides advice to the Council on any matter within the scope of the Canada-Chile Agreement for Environmental Cooperation. Therefore, it appeared fundamental to the JPAC members to chose topics of mutual interest and, for the first year, to concentrate on one or two priority areas.
Given the importance of Canadian investment in mining in Chile and the challenges faced by both countries with respect to this resource sector, the JPAC decided that its main activity in 1999 would focus on the mining sector. A Mining Round Table took place in Toronto on October 29, 1999. The aim was to obtain accurate and up-to-date information with respect to environmental management and mining activity in both Canada and Chile. High caliber presentations and discussions by key specialists from the private sector, government and non-government organizations, as well as academia, allowed a dialogue that was constructive, realistic and which highlighted the most recent challenges and opportunities. The JPAC used the opportunity to develop a series of recommendations for the Council. In addition, the presentations have been compiled and published by the National Secretariats.
At the end of June, the JPAC will conduct a public consultation in conjunction with the Council Public Session. The JPAC will also lead the organization of a workshop on Public Participation in environmental management, which is now scheduled for the end of September 2000 in Chile.
The JPAC believes that Canada and Chile have many common objectives and, above all, much to share, but is also aware of the distance that separates the two countries. The JPAC encourages the use of telecommunication tools to increase information exchanges and cooperation between organizations, communities, academic institutions and companies so far apart. Canadians and Chileans can work together to ensure that economic growth and performance goes hand in hand with the conservation of the environment, in order to create a truly sustainable prosperity.
This section highlights actions taken by Canada in fulfillment of its obligations under the CCAEC, including environmental enforcement activities.
Article 2: General Commitments of the Agreement
The Parties under Article 2 of the CCAEC commit to:
- periodically prepare and make publicly available reports on the state of the environment;
- develop and review environmental emergency preparedness measures;
- promote education in environmental matters, including environmental law;
- further scientific research and technology development in respect of environmental matters;
- assess, as appropriate, environmental impacts; and
- promote the use of economic instruments for the efficient achievement of environmental goals.
Canada periodically prepares and makes publicly available reports on the state of the environment, such as The State of Canada’s Environment Infobase, which is accessible on the Internet at http://www1.ec.gc.ca/~soer/default_e.htm. This site includes the National Environmental Indicator Series, The State of Canada’s Environment and A National Ecological Framework for Canada, featuring maps and descriptions of Canada’s Terrestrial Ecozones and ecoregions.
Examples of emergency preparedness measures undertaken by Canada include the upgrading of the national database for storing historical and current spill data from various contributing spill reporting agencies as well as the publication of the Field Guide for Oil Spill Response in Arctic Waters on behalf of the Emergency Prevention, Preparedness and Response (EPPR) Working Group of the Arctic Council.
The promotion of education in environment matters was advanced, for example, by the Climate Change Action Fund, which allocated funds to formal educational programs and activities such as the Pembina Institute and the Toronto Environmental Alliance. The funds were used to develop curricula on climate change.
Scientific research and technology development initiatives lead by the Environmental Technology Center (ETC) allowed for the national ambient air-monitoring of criteria pollutants and suspended particulate matter. The ETC also undertook extensive air toxics monitoring, including sampling and analyses, database maintenance, the generation of reports and scientific publications/presentations and the development of related new analytical methods. The Wastewater Technology Centre supported the endocrine program for municipal wastewaters through the study of selected sewersheds and treatment technologies.
In 1999, the Canadian Environmental Assessment Agency completed one public review. Federal departments and agencies reported 3080 screenings and one comprehensive review in accordance with their environmental assessment obligations under the Canadian Environmental Assessment Act.
In 1999, economic instruments developed to achieve environmental goals included the Pilot Emission Reduction Trading project, which engaged approximately 20 companies and ENGOs. This was an industry-led initiative involving emission reduction credits for VOCs, NOx, SOx and CO2. The credits were created as a result of reductions from stationary, mobile and areas sources.
Article 3: Levels of protection
Article 3 of the CCAEC establishes that each Party shall ensure that its laws and regulations provide for high levels of environmental protection and the Parties shall strive to continue to improve those laws and regulations.
After a five-year review, the revised Canadian Environmental Protection Act, or CEPA 1999, was proclaimed into law on March 31, 2000. The CEPA 1999 provides strong protection for the environment and for human health through science-based pollution prevention strategies. Pollution prevention is the cornerstone of the CEPA 1999, which provides the government with new tools to protect the environment and human health. Under the legislation, all substances currently in use in Canada are now assessed to determine whether they are toxic. The CEPA 1999 also establishes strict deadlines for controlling toxic substances and requires the virtual elimination of the most dangerous toxic substances.
The legislation provides Environment Canada enforcement officers with significant new powers to deal with polluters who break the law. The CEPA 1999 provides authority to inspect any place where there might be a substance or activity regulated under the Act. Enforcement officers have the authority to seize evidence related to a contravention. In addition, the CEPA 1999 includes sentencing criteria to promote consideration by the courts of matters such as the cost of remedying the damage done to the environment. Environmental Protection Alternative Measures (EPAMs) are also provided to allow for negotiated settlements reducing the delays and costs of lengthy court cases. It should be noted that the CEPA 1999 explicitly excludes certain serious offences from being eligible for EPAMs.
In 1999, Canada proposed and finalized the Prohibition of Certain Toxic Substances Regulations which prohibit the manufacturing, use, process, offer for sale, and importation into Canada of substances banned for reasons of environmental and health protection.
On April 11, 2000, the Environment Minister, David Anderson, introduced the Species at Risk Act (SARA) legislation in the House of Commons. This proposed legislation aims to prohibit the destruction of endangered or threatened species and their critical habitats in Canada. The Act also provides the emergency authority to list species in imminent danger. The purpose of this proposed legislation is to prevent Canadian indigenous species, subspecies and distinct populations of wildlife from becoming extirpated or extinct, to provide for the recovery of endangered or threatened species and to encourage the management of other species to prevent their being put at risk.
The proposed legislation calls for the establishment of the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) as an independent body of experts responsible for assessing and identifying species at risk. It provides that COSEWIC’s assessments are to be reported to the Minister of the Environment and to the Canadian Endangered Species Conservation Council. It also authorizes the Governor-in-Council to establish by regulation the official list of species at risk based on that process.
A number of other legal instruments currently in force will assist in the management of species. These include the Fisheries Act, the Migratory Birds Convention Act, the National Parks Act, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, the Convention on International Trade and Endangered Species, and the Canada Wildlife Act.
Responsibility for the protection of endangered species is shared between the federal and provincial/territorial levels of government. As such, the SARA complements the work done by provincial and territorial governments under the Accord for the Protection of Species at Risk.
Article 4: Publication
Article 4 of the CCAEC establishes that each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such manner as to enable interested persons and the other Party to become acquainted with them.
Regulatory initiatives published in 1999 include amendments to the Gasoline Regulations and the Prohibition of Certain Toxic Substances Regulations which were published in the Canada Gazette, Part II. The Sulphur in Gasoline Regulations, the Ozone Depleting Substances Regulations and the Federal Halocarbon Regulations were proposed in the Canada Gazette, Part II.
Article 5: Government Enforcement Action
Article 5 of the CCAEC indicates that with the aim of achieving high levels of environmental protection and compliance with its environmental laws and regulations, each Party shall effectively enforce its environmental laws and regulations through appropriate governmental action.
- The CEPA 1999 provides new powers for enforcement officers and analysts appointed by the Minister of the Environment to enforce the law. Environmental protection alternative measures and environmental protection compliance orders provide new mechanisms to deal with a contravention.
- The NEMISIS (National Enforcement Management Information System and Intelligence System) designed to track and manage enforcement activities, was further developed and improved upon.
- Environment Canada in conjunction with the Royal Canadian Mounted Police (RCMP), and enforcement agencies from other countries developed a "Train the Trainer Course for Environmental Crimes", under the auspices of INTERPOL. The course trains police agencies around the world on how to deal with environmental crimes, such as the smuggling of hazardous waste and ozone depleting substances.
- Environment Canada’s Enforcement Branch is maintaining a home page on the Environment Canada site on the web at www.ec.gc.ca/enforce/homepage/default.htm which contains information on inspections, investigations, enforcement legislation, regulations, guidelines, policies, reports and recent enforcement actions.
- Permits, licenses and other authorisations are used to regulate activities, such as hunting and trapping, the transboundary movement of hazardous wastes, the international trade in endangered species and those activities which may result in the release of contaminants into the environment.. Between 1998 and 1999, Environment Canada processed 8,594 notices for proposed transboundary shipment of hazardous wastes.
- A major national workshop for Environment Canada enforcement staff was held to strengthen Environment Canada’s National Enforcement Program in several key areas. This resulted in an initiative comprising fifteen major projects relating to decision-making, human resources management, intelligence gathering capacity and the assessment of present and future resource requirements. To date, the majority of these projects have been implemented.
- Each year, in co-operation with its five regional offices, Environment Canada prepares an inspection plan that targets specific elements of the regulated community according to, but not limited to, the following: environmental significance, geographic scale, compliance history and profile, nature of the regulatory provisions, operational complexity and capacity, the number, and the type of targeted population or activities. For example, Environment Canada’s wildlife inspection staff conducted approximately 6000 inspections under the federal Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act which implements Canada’s commitment to the Convention on the International Trade in Endangered Species (CITES).
- There is a legislated requirement for Environment Canada to report to Parliament annually on the administration and enforcement of the CEPA 1999 as per s.342 of the Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) as per s.28 of the Act.
- New regulations were announced in January 2000 under WAPPRIITA to improve the implementation and enforcement of the CITES in Canada and to reduce the administrative burden on the public.
- Environment Canada has actively participated in the development of the ISO 14000 series of voluntary standards including the three related to environmental auditing. ISO 14000 is an environmental management standards series which establishes standards with respect to management systems, organization evaluation and product assessment. The federal government encourages the adoption and implementation of these voluntary, non-legal standards in the private sector.
Article 6: Private access to remedies
Article 6 of the CCAEC establishes that each Party shall ensure that interested persons may request the Party’s competent authorities to investigate alleged violations of its environmental laws and regulations and shall give such requests due consideration in accordance with law. Further, each Party shall ensure that persons with a legally recognised interest under this law in a particular matter have appropriate access to administrative, quasi-judicial or judicial proceedings for the enforcement of the Party’s environmental laws and regulations.
Section 17(1) of the CEPA 1999 allows any individual residing in Canada, who has reached the age of majority, to apply to the Minister of the Environment for an investigation of alleged offences for matters pertaining to CEPA. Section 22 (1) of the CEPA 1999 provides that an individual who has applied for an investigation may bring an environmental protection action if (a) the Minister failed to conduct an investigation and report within a reasonable time; or (b) the Minister’s response to the investigationwas unreasonable. The action may be brought in any court of competent jurisdiction against a person who committed an offence under this Act.
Article 7: Procedural guarantees
Article 7 of the CCAEC indicates that each Party shall ensure that its administrative, quasi-judicial proceedings are fair, open and equitable.
Canada has administrative, quasi-judicial and judicial proceedings available for the enforcement of environmental laws and regulations. Persons are given an opportunity to make representations to support or defend their respective positions and to present information or evidence. Decisions are provided in writing, are made available without undue delay and are based on information or evidence on which the parties were given the opportunity to be heard. Canada provides parties to such proceedings, where appropriate, the right to seek review of final decisions by impartial and independent tribunals.
This section addresses the actions undertaken by Chile to comply with its commitments under the Canada-Chile Agreement on Environmental Co-operation, including environmental enforcement activities.
Article 2: General Commitments
Article 2 of the Canada-Chile Agreement on Environmental Cooperation has the following general obligations: (a) periodically prepare and make publicly available reports on the state of the environment; (b) develop and review environmental emergency preparedness measures; (c) promote education in environmental matters, including environmental law; (d) further scientific research and technology development in respect of environmental matters; (e) assess, as appropriate, environmental impacts; and (f) promote the use of economic instruments for the efficient achievement of environmental goals.
In 1999, a National Report on the State of the Environment in Chile was prepared to provide an account of the country’s environmental situation. Released in April 2000, the report deals with the following topics: Chile’s environmental condition and outlook starting from the early 1990s, recent developments, current state of the environment and future outlook, information on the impact of environmental management, challenges and priorities in environmental policy, and management over the coming decade in Chile.
On January 9, 1998, the Board of Directors of the National Environmental Commission (CONAMA) approved implementation of Chile’s Environmental Policy for Sustainable Development. Three key components on environmental matters emerged during the implementation of this policy in 1999:
- the creation of a conceptual framework for examining environmental issues;
- an explanation of the foundations, principles and guidelines for developing environmental policy; and
- the development of the Government of Chile’s Environmental Agenda, which contains 52 specific commitments that make up the Work Plan up to the year 2000 and the identification of 14 topics for the government to explore.
The major environmental policy challenge facing the Government of Chile is to achieve sustainable development so as to ensure the well-being of present and future generations.
The National Environmental Information System (SINIA), established in 1998, is fully operational and accessible via the Internet since April 1999. This allows for fast and timely contact between the public and the institutions that generate environmental information. SINIA offers access to information from various public institutions dealing with the environment and serves as a support for environmental management as well as decision making at the sectoral and regional levels. It was established in compliance with the requirements of Act 19.300 under Chile’s Ley de Bases del Medio Ambiente (LBMA).
The drafting of the first official document on the subject of natural resources, entitled "Proposed Renewable Natural Resource Policy for Sustainable Development", was accomplished in 1999.
The Department of Citizens’ Participation and Environmental Education, established in 1997 with the aim of promoting public involvement in Chile’s environmental policy, carried out various activities in the following four areas in 1999:
- facilitating access to information, publishing a series of documents and organizing outreach and awareness activities, such as the First Youth Art and Environment Exhibit which took place in August 1999;
- promoting inclusion of environmental subjects in school curriculums by establishing the "Free Air School", setting up environmental laboratories in schools and organizing a "Meeting on Environmental Education in Rural Areas" which took place in May 1999;
- promoting public involvement, mainly through the Environmental Protection Fund, established to finance local community initiatives with the aim of environmental enhancement, training and outreach; and
- broadening the scope and improving the quality of public participation in environmental management tools, the Environmental Impact Assessment Board, and the drafting of plans and standards for environmental clean-up.
Created June 5, 1998, by Executive Order No. 90, the National Council for Sustainable Development came into existence April 23, 1999. The Council is the assessment agency for the President of the Republic. It is made up of 92 representatives from the public and private sectors. The primary role of the Council is to present proposals for implementing and monitoring sustainable development in Chile. Its aim is to ensure participation by the country’s various social groups in decision-making on sustainable development and environmental protection. The Chair of the Council is Mr. Alvaro García H., who is the Minister and Chair of the Board of Directors of CONAMA as well as the Minister and Secretary-General of the Office of the President. The Executive Secretary is Adriana Hoffman J., who is the CONAMA Executive Director. In creating the Council, the Government of Chile joined the ranks of the over 140 countries which already had such bodies. This brings Chile into compliance with major environmental commitments undertaken at Rio de Janeiro in 1992.
The Environmental Impact Assessment Board (SEIA) continued full-scale operations in 1999. Its mandate is to integrate the environmental factor in project planning and performance in both public and private sectors in Chile. It seeks to ensure that all projects are environmentally sustainable. Submitted to the Board in 1999 were 829 projects for investment or economic activity throughout the country (a 3.6 percent increase over 1998). Of these, 47 were environmental impact studies and 782 were environmental impact statements, representing a total investment of US$5.942 million. Of all the projects dealt with during the year (including those submitted before 1999), 626 relates to the environment, of these, 595 were approved and 31 rejected. Further, 555 projects continued to be assessed within the legally stipulated period. Of all the projects submitted in 1999, 31 were withdrawn.
To comply with the requirements in Annex I to the Madrid Protocol on the Antarctic Treaty, which came into force in Chile in early 1999, CONAMA, together with the Ministry of External Relations and the Chilean Antarctic Institute, drew up regulations on environmental impact assessment of investment projects in the Antarctic. The regulations are now in the approval phase.
CONAMA’s Environmental Economics Unit has successfully developed activities in the following sectors:
- Technical and economic assessments were conducted of draft proposals for the following standards: the standard on release of odours associated with sulphate pulping, the standard on particulate emissions in the Huasco River basin, the protection quality standard for the use of inland bodies of water, the revision of the primary quality standard for emissions of inhalable particulates (PM10), the primary quality standard for atmospheric lead emissions, and the technical standard for management of non-hazardous sludge from processing plants.
- With regard to cross-border emissions permits, discussion workshops were held to evaluate the fee system for emissions of particulates in urban areas and the proposed system and legislation developed by CONAMA were revised.
- Workshops were conducted with respect to the Sustainable Development Indicators System in four regions of Chile. Indicator selection workshops were set up in three other regions.
- A policy was drawn up for the certification of the environmental quality of Chilean products for domestic sale or export and a technical study was conducted regarding the creation of an environmental quality seal.
- Concerning environmental accounting, aquatic resource accounting is serving as a model in the Aconcagua River basin. As for soil use accounting, an international workshop was held to define methodology, and a pilot project was put in place in the Bio-Bio River region.
- Other activities were initiated in the environmental economics sector. These included an economic assessment of environmental insurance for the Environmental Impact Assessment Board, the Environmental Economics Unit served as the secretariat for the National ISO 14 000 Committee, studies conducted on the implementation of environmental taxes, on economic instruments applied to environmental clean-up and on the environmental impacts of economic policy instruments and, lastly, a policy to encourage "green" manufacturing received support.
Article 3: Levels of Protection
Article 3 of the Canada-Chile Agreement on Environmental Cooperation establishes that each Party shall ensure that its laws and regulations provide for high levels of environmental protection and shall strive to continue to improve those laws and regulations.
Among other things, CONAMA’s mission is to preserve and enhance the quality of the environment. In line with this environmental policy, the Government of Chile is drafting environmental quality standards and emission standards. The first set of standards regulates the concentration levels and timelines of maximum and minimum levels of permissible elements, compounds, substances, chemical and biological sub-products, energy, radiation, viabrations, noise or any other element whose presence or absence may constitute a risk to the environment. The second set of standards are intended to reduce the quantity of pollutants released, or generated by, a facility or emissions source so as to prevent environmental degradation and to rehabilitate the polluted sector.
A program was put in place to assess and monitor pollutants as a means to monitor compliance with established standards. When a standard is violated, the Regional Environmental Commission (COREMA) asks for an Executive Order declaring the area to have concentrations of pollutants above allowable levels CONAMA then prepares a clean-up plan for the area in question. The most notable accomplishments in 1999 were the adoption of the María Elena y Pedro de Valdivia clean-up plan, the adoption of the Potrerillos clean-up plan and the redrafting of the Chuquicamata clean-up plan in force since 1997.
Article 4: Publication
Article 4 of the Agreement establishes that each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and the other Party.
In 1999, legislation on the following standards was published in the Official Gazette (Diario Oficial): the standard to regulate atmospheric emissions of arsenic-based pollutants (Executive Order No. 165, June 2, 1999), the emissions standards to regulate light pollution for regions II, III and IV (Executive Order No. 686, August 2, 1999), the emissions standards to regulate foul odors (hydrogen sulfide compounds and (methyl) mercaptans TRS gases) associated with the manufacturing of sulphate pulp.
Currently, the following standards are in the last stage of elaboration: the emissions standard concerning discharge of liquid waste into water bodies, the particulate emissions standard in the Huasco River basin, and the standard for discharge of liquid industrial waste into sewage systems.
Article 5: Government Environmental Enforcement Action
Article 5 of the Agreement on Environmental Cooperation establishes government enforcement measures with the aim of achieving high levels of environmental protection and compliance with environmental laws and regulations, each Party shall effectively enforce its environmental laws and regulations through appropriate governmental action.
In Chile, environmental enforcement is undertaken by various public agencies, an approach which favours sector-based enforcement. Recent years have shown the need for systematic, overall co-ordination of the enforcement process. Given the existence of new procedures for developing standards and plans as well as the Environmental Impact Assessment Board, CONAMA has a growing responsibility for enforcement. As a result of developments mentioned earlier, CONAMA, along with various ministries and agencies, has drawn up an action plan on enforcement policy. The plan focusses on co-ordination based on medium- and long-term objectives to promote conservation of Chile’s environmental heritage while meeting the country’s international commitments. CONAMA is also considering putting in place a system for promoting self-compliance with environmental requirements by the country’s manufacturing sector. To make these monitoring and enforcement objectives operational on June 1, 1999, the Board of Directors of CONAMA approved the establishment of operating environmental enforcement committees, both nationally and regionally. Such committees were formed throughout the country in September 1999.
Under the framework of the Canada–Chile Agreement on Environmental Co-operation, a series of activities are being undertaken to harmonize environmental legislation.
In this regard, two operating committees have been set up:
The Air Operating Committee
This task force is drafting a proposed Executive Order to unify the five standards governing particulate emissions in urban areas. The standards are the following: Ministry of Health Executive Orders Nos. 4 and 1.583 (1992), No. 1.905 (1993), and No. 812 (1995); Exemption to Resolution No. 15.027 of the Urban Areas Environmental Health Agency (SESMA) (1994); and Executive Order No. 16 of the Ministry of the Secretariat of the President (1998).
The Water Operating Committee
The six participating agencies — the Water Branch (DGA), the Office of the Superintendent of Health Services (SISS), the Agriculture and Livestock Agency (SAG), the National Geology and Mines Agency (SERNEAGEOMIN), the Urban Areas Environmental Health Agency (SESMA) and CONAMA — have drawn up and signed a multilateral co-operation agreement with the objective of stimulating enforcement co-ordination. The committee has identified possible areas of inter-agency co-operation The agencies involved have signed bilateral co-operation agreements.
Article 6: Private Access to Remedies
Article 6 establishes that each Party shall ensure that interested persons may request the Party’s competent authorities to investigate alleged violations of its environmental laws and regulations and shall give such requests due consideration in accordance with law. Each Party shall ensure that persons with a legally recognized interest under its law in a particular matter have appropriate access to administrative, quasi-judicial or judicial proceedings for the enforcement of the Party’s environmental laws and regulations.
Law 19.300 in the General Environmental Law (LBMA) establishes the right to take action against a resolution on environmental matters. This can be done, for example, where resolution refuses the development of an environmental impact declaration or where a resolution rejects or establishes conditions to an environmental impact study. These actions are designated to be exercised by the person responsible for the respective project before the Executive Director, in the case of a declaration, or before the Board of Directors of CONAMA , in the case of studies. It is important to indicate that this right can also be exercised by members of the public and by those who directly contributed to an environmental impact study and whose contributions have not been properly addressed.
The LBMA also provides for actions which can be undertaken to reverse environmental damage. Those eligible to avail themselves of this are natural, judicial, public or private persons who have suffered damage or prejudice, municipalities if the facts fall within their respective jurisdictions and the State, through the Council for Defense for the State. The actions are presented before the examining magistrate as a civil matter in the jurisdiction in which the facts originate or in the affected jurisdiction, at the magistrate’s discretion.
Article 7: Procedural Guarantees
Article 7 indicates that each Party shall ensure that its administrative, quasi-judicial and judicial proceedings are fair, open and equitable.
In 1999, 25 investigations were presented to the Executive Direction and the Board of Directors of CONAMA. Out of the 25, 21 were investigations by people responsible for projects and 4 by people involved in studies.
The Political Constitution of the Republic of Chile (CP) recognizes the exercise of the constitutional guarantees protection action. Among these constitutional guarantees is the right to live in a pollution-free environment (Art 19 No8). The protection action is applicable when the right to live in a pollution-free environment is affected by an arbitrary and illegal act attributed to a determined authority or person. This action is instituted in the corresponding Court of Appeal, which is required to adopt immediately the necessary provisions in order to reestablish this right.
To date, there are nine investigations on environmental protection underway.
Furthermore, the Political Consitution recognizes the exercise of the public right of an annulation action. Such action has as its objective to prevent any magistrate, person or group of people from acquiring other authority or rights than those explicitly established under the Constitution and applicable laws. This action is instituted in the Ordinary Tribunals of Justice according to the ordinary proceedings in the Civil Proceedings Code.
To date, there are four annulation actions underway dealing with environmental matters.
The law 19.300 recognizes, as well, the exercise of the ordinary indemnity action. This action is to be initiated by the Party directly affected by the environmental damage caused and has as its objective the reparation of damage. The process is instituted before the Ordinary Tribunals of Justice (Tribunales Ordinarios de Justicia) according to the terms established in the Civil Proceedings Code.
Cooperative activities approved under the 1999 Annual Program of the Commission focused on two major themes: enforcement of and compliance with environmental legislation, and public consultation and participation in environmental management. This section presents a brief description and status report of the projects.
99.1 ENFORCEMENT OF AND COMPLIANCE WITH ENVIRONMENTAL LEGISLATION
99.1.1 Overview of Enforcement and Compliance Frameworks in Chile and Canada
The objective of this project is to provide a baseline understanding of current policies and practices in the area of environmental law enforcement in both Canada and Chile. In the CCAEC, both Parties committed to effectively enforce their respective environmental laws and regulations through appropriate government action.
CONAMA and Environment Canada coordinated the preparation of the report entitled Enforcement and Compliance Frameworks in Chile and Canada. The Canadian section includes an overview of the constitutional context, federal environmental laws and commitments, enforcement structure and philosophy; compliance promotion, inspection planning, enforcement tools, enforcement and compliance policies, compliance indicators and training. The Chilean report covers its constitutional, legal and institutional background, its regulations, its control and enforcement environmental legislation and its compliance with environmental legislation.
The draft report served as input to the enforcement seminar project 99.1.2 held in September 1999 in Santiago, Chile. It was, and remains a good vehicle for sharing information on the enforcement structure and compliance activities currently in place in Canada and Chile.
The final report entitled Environmental Enforcement and Compliance Frameworks in Canada and Chile was published in June 2000 and is available on the National Secretariats’ websites http://can-chil.gc.ca and http://www.conama.cl/chile-canada.
99.1.2 Seminar on Effective Enforcement Policies and Approaches
The objective of this project was to exchange information and expertise on environmental law enforcement and compliance approaches, tools and policies with a view to improving enforcement practices and identifying possible areas of cooperation.
A meeting of Canadian and Chilean policy makers and managers, responsible for enforcing environmental laws and regulations, was organized in Santiago, Chile on September 29 and 30, 1999. Special attention was given to natural resources, waste, air, and water sectors, and environmental impact assessment systems.
Over 50 participants attended the seminar, including senior enforcement managers from several Chilean departments as well as four Canadian experts.
The workshop program and a summary report of the discussions are available on the National Secretariats’ websites.
99.2 PARTICIPATION OF CIVIL SOCIETY IN ENVIRONMENTAL MANAGEMENT
99.2.1 Public Consultation and Participation in Environmental Management
The objective of this project was to enhance and strengthen the participation of the public in environmental management and to promote environmental stewardship and awareness in Canada and Chile. A joint report was prepared on existing models, mechanisms and tools for public participation in environmental management.
CONAMA and Environment Canada prepared a joint report, which describes and analyses the public participation systems in place in Chile and Canada. The Canadian section deals with the issue at the federal level, the role of public participation, trends and challenges at a national and international level, consultation methods and success stories and existing opportunities for engaging the public. The Chilean section describes a national level approach with respect to public participation in environmental matters, civil society’s participation in the National System of Environmental Management in particular the Environmental Impact Evaluation System (SEIA), the development of environmental quality norms and decontamination plans. It also deals with public participation in different bodies and describes different initiatives currently underway in Chile.
The report entitled Public Consultation and Participation in Environmental Management in Canada and Chile has been printed and is now available on the National Secretariats’ websites.
99.2.2 Workshop on Public Participation in Environmental Decision Making
The JPAC will organized a workshop, based on the findings of the Public Consultation and Participation in Environmental Management in Canada and Chile (project 99.2.1), scheduled to take place in Santiago, Chile in the year 2000. Participants will look at ways in which to improve public participation in environmental management in both Chile and Canada.
99.2.3 Action at the Community Level Website
The main objective of this project was to facilitate the exchange of information regarding community-based environmental initiatives in both countries and to share successful experiences of programs and policies which advance community action. The intent was to make information available via internet in order that direct contacts could be established between communities and citizens of the two countries.
A description as well as summaries of the major national environmental programs operating at the community level in both countries were prepared. Canada presented community programs in which Environment Canada is involved, such as Millennium Eco-Communities, Ecosystem Initiatives, Eco-Action 2000, the Climate Change Action Fund and Strategies for a Living Planet. Chile organized its programs under two main categories, the "Chile I care for you" Campaign and local community projects financed by the Environmental Protection Fund in 1999.
This new section of the National Secretariats’ websites was opened to the public at the end of December 1999.
99.2.4 Information on the Canada-Chile Agreement on Environmental Cooperation (CCAEC)
The overall goal of this long-term project is to provide the general public with easy access to current information on the CCAEC and related bilateral cooperative activities through the internet. This project supports the CCAEC’s objective to promote transparency and public participation.
The web sites of the National Secretariats, which were launched at the first council session in November 1998, are one of the main tools to disseminate information about the objectives and text of the Agreement; the Commission, the implementation of the Agreement and cooperative activities. This information is available in the three official languages of the CCAEC (English, French, and Spanish). Although the two sites are maintained independently by each National Secretariat, efforts are made to have a similar structure and content.
In 1999, the two web sites were made more user friendly and more effective in meeting the public’s need for information. Information is updated on a regular basis and a new section was added to provide a status report on the implementation of the Annual Program projects. The Internet addresses of the National Secretariats are http://can-chil.gc.ca and http://www.conama.cl/chile-canada.
99.2.5 Environmental Law and Regulation Database
The objective of this project was to facilitate access, through the internet, to basic information on federal or national environmental laws and regulations in effect in both countries.
CONAMA and Environment Canada are in the process of setting up a comprehensive public environmental acts and regulations database. It will be a valuable resource for government program staff, industries, specialists, lawyers and international organizations. The database contains summaries on selected environmental legislation, with links to text versions.
The database will be officially inaugurated at the Council session in June 2000 and is accessible on the National Secretariats’ websites.
As per the 1999 Annual Program and Budget approved by the Council in November 1998, expenses related to the three broad components of the budget, namely cooperative activities, expenses related to the Joint Public Advisory Committee (JPAC), and expenses related to the work of the Joint Submissions Committee (JSC), were shared by the two parties.
Under the rubric of cooperative activities, actual expenses were as estimated in the Budget, i.e. $60,000 Canadian dollars or 18.3 million Chilean pesos. In addition, financial and in-kind support was provided by both Environment Canada and CONAMA to help implement the projects and cover other activities. Administrative and logistical support was also provided to help carry out the various tasks and responsibilities of the National Secretariats, including the organization of the two Council Sessions.
With respect to the JPAC, besides the reimbursement of travel expenses to attend meetings, the Council authorized the JPAC to hold a Roundtable on Mining and the Environment in October 1999, in combination with the semi-annual JPAC meeting which took place in Toronto.
As no submissions on enforcement matters were received in 1999, the only expenses incurred to support the JSC are related to the organization and participation in a seminar on the submission process, which took place at the end of August 1999, in Santiago, Chile.
This section provides an overview of the Agreement and a description of the Commission. It also contains a summary of the work done by the Canadian and Chilean National Secretariats.
The Canada-Chile Free Trade Agreement (CCFTA) and the CCAEC entered into force in July 1997. The goal of the CCAEC is to ensure that environmental laws and regulations in both countries provide for high levels of environmental protection. Under the CCAEC, the Parties committed to enhancing their cooperation, to effectively enforcing their environmental laws and regulations, to promoting sustainable development, to supporting the environmental goals and objectives of the CCFTA and to increasing transparency, public participation and pollution prevention. The Agreement also provides for citizens submissions on enforcement matters.
The Agreement establishes the forum through which Canada and Chile conduct cooperative activities and confirms the right of each country to establish its own policies, priorities and levels of environmental protection.
The Canada-Chile Commission for Environmental Cooperation (CCCEC) is comprised of the Council, the Joint Public Advisory Committee (JPAC), and the Joint Submission Committee (JSC). The Commission is assisted in the implementation of the Agreement by two National Secretariats, respectively located in each capital region.
The Council is the governing body of the Commission. The Honourable David Anderson, Canada’s Minister for the Environment, is Canada’s representative on the Council. Adriana Hoffmann J., Executive Director of Chile’s National Environmental Commission (CONAMA), is the Chilean Council member. The Council met for the first time in November 1998, in Santiago, Chile. The Council is responsible for overseeing the activities of the Commission and promoting cooperation between the Parties with respect to environmental matters.
The role of the Joint Public Advisory Committee (JPAC) is to provide advice to the Council on all matters within the scope of the Agreement. The JPAC consists of six members, three appointed by each Party for a three year term, to act as a single, independent, binational advisory body. The purpose of the JPAC is to integrate an advisory mechanism of independent citizens into the official structure of an intergovernmental agreement. The JPAC acts as a link between the Council and people and organizations interested in the environment and trade relationship between Canada and Chile.
The Agreement established the Joint Submissions Committee (JSC) to provide independent consideration of submissions on enforcement matters. The Council appointed one Canadian and one Chilean representative to serve on this committee. On August 26 and 27 1999, the members of the JSC, Carlos Peña of Chile and David Johnston of Canada, met for the first time in Santiago, Chile, to participate in a workshop which addressed the responsibilities and obligations of the JSC under the CCAEC as well as matters related to the implementation of the submission process according to Articles 14 and 15 of the Agreement.
The CCAEC stipulates that each country shall establish a National Secretariat to support the activities of the Canada-Chile Commission for Environmental Cooperation. The Canadian National Secretariat is located at Environment Canada’s Headquarters. Its Executive Secretary is Jenna Mackay-Alie, Director Americas Branch, Policy and Communications Service. The Chilean National Secretariat is housed in the Chilean Commission for the Environment (Comisión Nacional del Medio Ambiente or CONAMA). Alvaro Sapag, Chief of the Legal Department and the International Policy Unit at CONAMA, is its Executive Secretary.
The two National Secretariats continued to work in close collaboration in 1999. Some of the key activities included :
- coordinating the implementation of the six projects approved under the 1999 Program and Budget, namely the preparation of two reports on enforcement and public participation, the organization of a workshop on enforcement in Santiago, the development of new web pages on community programs and environmental legislation and improvement of the National Secretariats web sites;
- answering requests for information and disseminating information about the CCAEC;
- providing administrative support to the JPAC for their meetings and activities, such as the Mining Round table in October 1999;
- planning and organizing the seminar for the Joint Submission Committee in August 1999;
- providing assistance and information to the Council, including with respect to the appointment of the Experts in Environmental Matters;
- negotiating and adopting an administrative procedure for submissions on enforcement;
- arranging two meetings of Chilean and Canadian government officials on trade and the environment; and
- planning the second meeting of the Canada -Chile Commission for Environmental Cooperation and the public session.
Jenna Mackay-Alie
Executive Secretary
Canadian National Secretariat
Environment Canada
Terrasses de la Chaudière
10 Wellington Street, 25th Floor
Hull, Quebec K1A 0H3
Tel: (819) 994-1670
Fax:(819) 997-0199
E-mail JENNA.MACKAY-ALIE@EC.GC.CA
Alvaro Sapag Rajevic
Executive Secretary
Chilean National Secretary
National Commission for the Environment (CONAMA)
Obispo Donoso 6 - Providencia
Santiago, Chile
Tel: (562) 240-5600
Fax: (562) 240-1261
E-mail asapag@conama.cl
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