ENFORCING CANADA'S POLLUTION LAWS:
THE PUBLIC INTEREST MUST COME FIRST!

TABLE OF CONTENTS

PRELIMENARY PAGES

RECOMMENDATIONS

INTRODUCTION

ENVIRONMENT CANADA'S ENFORCEMENT RESPONSIBILITIES

A. The Legislative Framework

1. The Canadian Environmental Protection Act

2. The Fisheries Act

3. Equivalency and Administrative Agreements with the Provinces and Territories

B. Enforcement Personnel and Enforcement Action

THE NEED FOR EFFECTIVE ENFORCEMENT

1. Limited Resources

2. An Ever-Increasing Workload

3. The Enforcement Approach

4. Official Enforcement and Compliance Policies for both CEPA and the Pollution Prevention Provisions of the Fisheries Act

5. The Enforceability of the Regulations

6. Jurisdictional Conflict

7. Improved Capacity and Tools

8. An Independent Enforcement Office

ENFORCEMENT PROBLEMS UNDER FEDERAL AND PROVINCIAL/TERRITORIAL AGREEMENTS

INVOLVING THE CANADIAN PUBLIC

CONCLUSION

OTHER ISSUES: MERCURY CONTAMINATION

APPENDIX A - List of Witnesses

APPENDIX B - List of Briefs

REQUEST FOR GOVERNMENT RESPONSE

DISSENTING OPINION - Bloc Québécois

MINUTES OF PROCEEDINGS