Do the Canadian Environmental Protection Act, Part IV, Section 53, Technical Guidelines, apply to all federal departments?

Yes.

The Minister of Environment Canada may, with the approval of the Governor General in Council, establish guidelines, for use by departments, boards and agencies of the federal government and where appropriate, by corporations named in Schedule III to the Financial Administration Act. The Technical Guidelines for Underground Storage Tank Systems Containing Petroleum Products and Allied Petroleum Products, or Underground Guidelines, and the Technical Guidelines for Aboveground Storage Tank Systems Containing Petroleum Products, or Aboveground Guidelines, have been established under section 53 of CEPA.
Guidelines made under CEPA Section 53 are by their nature federal government policy. The Office of the Auditor General can audit appropriate federal departments against the Guidelines, and hence the CCME Codes of good practice, through the Office of the Commissioner for the Environment and Sustainable Development.

What is meant by an appropriate federal department?

An appropriate federal department means the department, board or agency of the Government of Canada, or the corporation named in Schedule III to the Financial Administration Act, that owns, leases or otherwise controls federal land on which an underground or aboveground storage tank is located.

Why should the CCME Codes of Good Practice be followed?

Subject to the modifications set out in the Underground Guidelines and the Aboveground Guidelines, the Environmental Code of Practice for Underground Storage Tank Systems Containing Petroleum Products and Allied Petroleum Products (March, 1993), or Underground Code, and the Environmental Code of Practice for Aboveground Storage Tank Systems Containing Petroleum Products (August, 1994), or Aboveground Code, are adopted as the guidelines to be used by appropriate federal departments.

Good reasons, other than policy, to follow the CEPA technical Guidelines and CCME Codes of good practice:

1. Concern for Safety and Environment. In an age of heightened awareness of public health and safety and environmental protection, most people feel morally obligated to practice pollution prevention. The guidelines and codes are an important part of pollution prevention as good practices are specified for the design, installation. operation and maintenance of petroleum storage tank systems.
2. Cost of Clean-Up. It is far easier and less costly to prevent environmental damage than to try and clean-up after an incident occurs. There are also other costs to be considered in addition to those associated with the disposal or remediation of contaminated materials. A spill or leak may endanger human life and health, put wildlife at risk, destroy habitat, impact local tourism and recreation, or interfere with aquaculture. In short, an incident may "cost" in all the ways that make an area unique to its residents.
3. Potential for Legal Action. Under the Fisheries Act charges can be laid for the deposit of a deleterious substance to a body of water frequented by fish. Petroleum products can be shown to be deleterious. Following the Technical Guidelines and the associated CCME codes of good practice can assist in providing a defense of due diligence if charged.

Who provides technical interpretation of the Guidelines and Codes?

Technical interpretation is done by the regional representatives.