The National Advisory Committee Under CEPA 1999 (NAC)

Introduction:

Under the Canadian Environmental Protection Act, 1999, Section 6 provides for the CEPA National Advisory Committee (NAC) to be the main intergovernmental forum for the purpose of enabling national action and avoiding duplication in regulatory activity among governments. The NAC replaces the former Federal-Provincial Advisory Committee (FPAC) established under CEPA 1988, and possesses a broader mandate that goes beyond toxic substances.

This paper is designed to provide more details on the NAC, clarify its role and mandate, and identify the various legal requirements for consultation with governments and NAC members that are contained in CEPA 1999.

Membership, Chair and Secretariat:

In addition to an Environment Canada and a Health Canada representative, the committee provides for a representative of each of the provinces and territories as well as up to six representatives of aboriginal governments. CEPA 1999 defines aboriginal governments as a government established under an agreement with the federal Crown and that is empowered to enact environmental protection laws.

The committee is co-chaired by Cécile Cléroux, Assistant Deputy Minister, Environmental Stewardship Branch (Environment Canada) and Paul Glover, Director General, Safe Environments Programme (Health Canada). Environment Canada's Regional Directors of Environmental Protection Branches are ex-officio members (non-voting members) of the NAC.

Environment Canada provides secretariat support to the NAC. The Legislative Governance, Systems and Priorities Directorate is in charge of processing information to, and from, NAC members.

Mandate and Role:

The Committee is constituted under the authority of Section 6 of the Canadian Environmental Protection Act, 1999, for the purpose of:

1. advising the Ministers of the Environment and Health on regulations proposed to be made under s.93(1) regarding substances declared to be toxic, and under s.200(1) regarding environmental emergencies;
2. advising the Minister of the Environment on a cooperative, coordinated intergovernmental approach for the management of toxic substances;
3. advising the Minister of the Environment on any other environmental matters that are of mutual interest to the Government of Canada and provincial, territorial and aboriginal governments;

Therefore, the role of the NAC can be broadly defined as a platform for ensuring a full and open sharing of information between the federal, provincial, territorial, and aboriginal governments on all matters related to the protection of the environment and the management of toxic substances.

For Further Information on the NAC:

For further information regarding the NAC, please contact Sylvie Lyrette at the CEPA NAC Secretariat, at (819) 997-7683 or sylvie.lyrette@ec.gc.ca.