Table of Contents
Enforcing Canada's Pollution Laws: The Public interest Must Come First!
The Government Response to the Third Report of the Standing Committee on Environment and Sustainable Development
Tabled in the House of Commons by The Honourable Christine Stewart Minister of the Environment
October 1998
[PDF 394 KB]
Enforcing Canada's Pollution Laws: The Public interest Must Come First!
The Government Response to the Third Report of the Standing Committee on Environment and Sustainable Development
A Message from the Minister
Thriving ecosystems, human health and a sound prosperous economy are inextricably linked. The Government of Canada has set a broad range of laws, regulations, voluntary programs and other instruments to achieve its environmental protection, human health and economic goals. Environment Canada, in partnership with the Departments of Fisheries and Oceans and of Health, among others, is responsible for administering many of those tools.
The Standing Committee’s Report and Recommendations deal with the enforcement of the Canadian Environmental Protection Act, and pollution prevention provisions of the Fisheries Act. The Government Response addresses the Committee’s Recommendations and I am very pleased to be able to provide information on the measures under way to strengthen the enforcement of Canada’s pollution prevention laws.
Canadians expect compliance with the pollution prevention laws enacted by the Government to protect their environment and health. I am committed to seeing these laws effectively and efficiently enforced. Compliance with regulations is essential to achieving my priorities of clean air, clean water, nature and reducing the impacts of climate change.
Building and improving our capacity to enforce environmental protection laws, however, is a longterm commitment. In March 1998, therefore, I asked my officials to begin an internal process to review the enforcement function, to strengthen the role it plays within the current regulatory framework, and position it for the implementation of the renewed Canadian Environmental Protection Act. The key element in the review was a National Enforcement Workshop, held in June 1998, that brought together participants from across the enforcement community, Environment Canada staff and managers. This Workshop resulted in the development of an Enforcement Action Plan. The Action Plan addresses most of the recommendations of the May 1998 Standing Committee Report. References to the actions underway or planned are made in specific responses throughout this Government Response.
Many of the projects developed as part of the review have already begun. Still others are expected to start in the near future. Over the coming year, Environment Canada’s enforcement program will undergo a number of changes. As a result of the review, my officials will be working: to improve the program’s intelligence capacity, decision-making processes and accountabilities; to examine the allocation and application of resources; and to improve reporting so that Canadians can become more involved in the protection of their environment and their health. My goal is to ensure that Canada has a truly effective and efficient environmental enforcement program.
The Standing Committee in its Report, and witnesses from environmental groups during the hearings, expressed concern about the resources currently committed to enforcing Canada’s pollution prevention laws. The Government shares those concerns and recognizes that officials involved in environmental enforcement from across Government require adequate resources to deliver an effective and credible enforcement program. Consequently, during the Federal Program Review, Environment Canada’s resources for enforcement remained stable. I am committed to ensuring that this function receives appropriate resources. My officials, through the internal review process are working to identify needs and ensure the best use of existing resources.
As a result of the ongoing work of Environment Canada’s dedicated enforcement team, and that of our enforcement partners, Canada’s pollution prevention laws will continue to protect the environment and human health.
The Honourable Christine Stewart, P.C., M.P.
Minister of the Environment
Introduction
The goal of the Federal Government’s pollution prevention laws is to protect the environment and human health. The individuals, industries, businesses and others affected by legislation are referred to as the regulated communities, or regulatees. The Federal Government is responsible for a range of compliance activities: promoting compliance at one end of the spectrum, and enforcing compliance at the other.
Promoting compliance involves staff and programs from across Government and includes: involving regulated communities in the development of new regulations, continuing dialogue to build awareness of regulatory requirements and identify potential problems, and technology sharing.
Enforcing compliance typically involves inspections, investigations, issuing warning letters or laying charges.
Regulatees can be placed along a continuum. There are the majority of regulatees who are usually in compliance. At one end of this group are the performance leaders, those who have moved well beyond compliance. At the other end is the small number frequently out of compliance.
Enforcement priorities are based on the need: to protect the environment and human health, to focus on areas of suspected non-compliance, and to support new legislative and regulatory initiatives.
The existing enforcement program has led to improved environmental quality and compliance. The Pulp and Paper Effluent Regulations under the Fisheries Act, and the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations under the Canadian Environmental Protection Act are good examples. There has been such improved compliance that the Canadian pulp and paper industry has reduced dioxins and furans (major pollutant indicators) to non-measurable levels in effluents. Inspection and enforcement work contributed greatly to these changes in performance. Improvements have also been achieved with the Petroleum Refinery Effluent Regulations and the Metal Mining Liquid Effluent Regulations.
The Federal Government is committed to ensuring continued improvement in the development and delivery of its programs. An expanding regulated community, and recognition of the need to increase work with the international community, have made improving performance even more important.
