Legislation

The dominant pieces of federal legislation addressing environmental issues are the Canadian Environmental Protection Act, 1999 (CEPA 1999) and the Canadian Environmental Assessment Act (CEAA). The Minister of the Environment is responsible for administering these acts, with some responsibilities of CEPA 1999 falling to the Minister of Health.

Some acts administered by other federal departments also are, or have been, important pieces of legislation for protecting the environment. The Fisheries Act, legally administered by the Department of Fisheries and Oceans, controls pollutants released to water frequented by fish. The Motor Vehicle Safety Act administered by the Department of Transport, prior to the transfer of some of its powers to CEPA in 1999, was the legislation used to set regulations for motor vehicles. The Energy Efficiency Act administered by Natural Resources Canada is used to set energy efficiency regulations and establish energy efficiency programs which may have an important role in air pollution management.

How is legislation developed?

The process for developing and passing a piece of law by the federal government is summarized below:

(a)Preparation and Cabinet Approval of Bill

• Cabinet decision authorizing drafting of a bill
• Drafting of bill by the Department of Justice and the sponsoring department
• Acceptance of draft bill by sponsoring Minister, Director of Legislation Section (Justice) and Privy Council Office (PCO)
• Line-by-line review of bill by Leader of the Government in the House of Commons and recommendation to Cabinet on whether to introduce in Parliament
• Cabinet approval to introduce
• Preparation and circulation of memorandum to Cabinet (MC) along with bill
• Cabinet approval (with royal recommendation if Bill requires expenditures of money)

(b)Usual Parliamentary Process

• Introduction of bill in House, and first reading (no debate)
• Second reading (principle and object of bill debated, clauses not discussed) and referral to committee
• Committee clause-by-clause review, possible amendments (in keeping with principles agreed to at second reading)
• Committee report to House
• Consideration of bill and committee amendments, and Motions of amendment, by House
• Third reading and adoption of bill; request to Senate to pass bill
• Passing of bill by Senate (with or without amendments)
• Royal Assent of bill

Extensive consultation with other federal departments, provinces and territories, interested stakeholders (industry, etc) and the public is usually involved throughout the process. For a complex bill, the entire process may take three or more years. Acts can also be amended if necessary to introduce new provisions or change existing ones. Amendment can also be a fairly involved process but would normally take less time than passing a new act.

What's in legislation?

Legislation usually defines the duties and obligations of the responsible Minister(s). It provides the responsible Minister(s) with certain authority to act and provides mechanisms for administration of the act. An important component of an act is definitions which are needed to understand and interpret the act. Definitions are usually contained in a section at the beginning of an act, but may also be scattered throughout the act.

Acts may contain many provisions. The Canadian Environment Protection Act, 1999 is a complex piece of legislation involving many authorities and obligations. For examples:

• Obligation to compile and amend from time to time a priority substances list (PSL)
• Obligation to assess substances on the PSL to determine if they are toxic and if so, authority to add them to Schedule 1 of the Act
• Obligation to develop and promulgate an instrument of control for certain substances placed on Schedule 1 within a specified timeframe
• Procedures and processes for development and promulgation of regulations or other instruments of prevention or control
• Authority to request pollution prevention plans
• Obligation to issue environmental quality objectives, environmental quality guidelines, release guidelines and codes of practice respecting pollution prevention or pollutant releases
• Authority to regulate vehicle, engine and equipment emissions and the substance content and characteristics of fuels
• Obligation and authority to regulate to ensure compliance with an international air pollution agreement if a province or territory is unwilling or unable to act
• Authority to collect information relevant to an environmental issue and obligation to establish a national pollution release inventory (also known as NPRI)

All of these provisions are relevant to air quality management. CEPA 1999 also contains numerous other provisions (e.g. provisions for controlling water pollution, waste disposal, enforcement, environmental emergencies, federal lands, etc.).

The Canadian Environmental Assessment Act (CEAA) establishes obligations and authority for the federal government to review the environmental effects of projects where it has decision-making authority and to take action so that such projects do not cause significant adverse environmental effects. Key provisions of CEAA include:

• Obligation to ensure that all projects where the Government of Canada has decision-making authority receive an appropriate degree of environmental assessment
• Establishment of, and definitions for, four categories of assessments: screening, comprehensive study, mediation and assessment by review panel
• Establishment of the role of a Federal Environmental Assessment Coordinator for every screening and comprehensive study
• Authority for the Minister of the Environment to appoint a mediator or review panel for projects subject to mediation and assessment by review panel respectively
• Establishment of the Canadian Environmental Assessment Agency and its roles and responsibilities
• Making follow-up programs mandatory for projects after a comprehensive study, mediation or review panel

How is legislation used and implemented?

Federal legislation is implemented by the responsible federal department(s) taking action to fulfill the obligations and exercise the authorities of the responsible federal Minister(s) contained in the legislation. For example, many actions have been taken by Environment Canada and Health Canada related to CEPA 1999.

Numerous substances have been assessed and placed on the List of Toxic Substances (Schedule 1), including many that are air pollutants (mercury, lead, particulate matter, ozone, etc). Criteria air contaminants have been added to NPRI. Numerous regulations have been issued for the control of pollutant releases and for limiting the substance content of consumer products (e.g. regulations limiting motor vehicle emissions, the sulphur content of gasoline and diesel fuel, and lead emissions from smelters.

Other actions have also been taken under CEPA 1999 to reduce air pollution emissions. National ambient air quality objectives (NAAQOs) for common air pollutants (e.g. SO₂, NO₂, CO) are in place. National emission guidelines have been issued for the fossil-fuel electric power industry. Pollution Prevention Plans have been requested for certain sectors.

Similarly, many environmental assessments have been carried out relating to the obligations and authorities of CEAA and decisions taken by the Minister of the Environment as a result of these assessments pursuant to the Ministers authority and obligations under CEAA.

How is implementation of legislation monitored and reported on?

The responsible Minister(s) of a federal act are required to prepare an annual report to Parliament on the administration and enforcement of the act. The Annual Report to Parliament on CEPA 1999 is also required to contain information on research conducted under the authority of the act during the fiscal year being reported. The provisions and operation of CEPA 1999 is required to undergo a comprehensive review by a committee of the House of Commons, the Senate or both Houses of Parliament every five years after the act comes into force. CEAA requires that the Minister of Environment undertake a comprehensive review of the provisions and operation of this act every five years after the act comes into force.