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The goal of the renewed Canadian Environmental Protection Act (CEPA) is to contribute to sustainable development through pollution prevention and to protect the environment, human life and health from the risks associated with toxic substances. CEPA also recognises the contribution of pollution prevention and the management and control of toxic substances and hazardous waste to reducing threats to Canada's ecosystems and biological diversity. It acknowledges for the first time the need to virtually eliminate the most persistent toxic substances that remain in the environment for extended periods of time before breaking down and bioaccumulative toxic substances that accumulate within living organisms. Health Canada works in partnership with Environment Canada to assess potentially toxic substances and to develop regulations to control toxic substances. Some of the highlights of the new act include:
Part 1: Administration (Sections 6-10)
- creates a framework for co-operation and co-ordination between federal, provincial, and aboriginal governments
Part 2: Public Participation (Sections 11-42)
- establishes a public registry that improves the publics access to environmental information
- gives citizens the right to sue where a CEPA violation results in significant harm to the environment, and the federal government fails to take appropriate action
- provides expanded "whistle blower" protection
Part 3: Information Gathering, Objectives, Guidelines and Codes of Practice (Sections 43-55)
- monitor environmental quality and periodically report on the State of the Environment
Part 4: Pollution Prevention (Sections 56-63)
- gives parties an opportunity to prepare and implement self -directed site specific solutions for toxic pollution prevention
Part 5: Controlling Toxic Substances (Sections 64-103)
- establishes a firm time frame for a response and follow up action
- requires all substances on the Domestic Substances List to be categorised and screened for potential risks to human health, life and the environment
- sets a new goal of virtual elimination of persistent, bioaccumulating, toxic substances
Part 6: Animate Products of Biotechnology (Sections 104-115)
- outlines the requirements for the assessment and introduction of living organisms that are the products of biotechnology
Note: non-living products of biotechnology (enzymes) biochemical products and biopolymers are covered under part 5
Part 7: Controlling Pollution and Managing Wastes
- Division 1: Nutrients (Sections 116-119)
- Division 2: Protection of Marine Environment from Land-based Sources of Pollution (Sections 120-121)
- Division 3: Disposal at Sea (Sections 122-137)
- Division 4: Fuels (Sections 138-148) - National fuel mark system
- Division 5: Vehicle Engine and Equipment Emissions (Sections 149-165) - transfers legislative authority from the Motor Vehicle Safety Act to CEPA. Generally speaking air, rail and marine engines are covered by the Aeronautics Act (R.S.C 1985, c. A-2),the Canada Transportation Act (S.C. 1996, c. 10) and the Canada Shipping Act (R.S.C. 1985, c. S-9)
- Division 6: International Air Pollution (Sections 166-174)
- Division 7: International Water Pollution (Sections 175-184)
- Division 8: Control of the Movement of Hazardous Waste and Recyclable Material and Prescribed Non-Hazardous Waste for Final Disposal (Sections 185-192)
Part 8: Environmental Matters related to Emergencies (Section 193-205) - e.g. spills, explosions and leaks gives Environment Canada new regulatory powers
- lead to establishing a national system of notification and reporting
- may develop guidelines and codes of practise and
- require environmental emergency plans
Part 9: Government Operations - Federal and Aboriginal Lands (Section 206-215)
- gives Environment Canada the responsibility of getting the Federal house in order
- will attempt close any regulatory gap between federal and provincial requirements by ensuring that federal operations, and works and undertakings on federal lands meet or exceed equivalent provincial provisions for emissions, effluents, waste handling and disposal, and environmental emergencies
Part 10 Enforcement (Sections 216-312) - includes inspections and monitoring to verify compliance and investigation of suspected violations
- creates a new category of "enforcement" officer with expanded powers
- authorises enforcement officers to issue environmental protection compliance orders on the spot to stop illegal activity and to correct violations
- gives the option of negotiating environmental protection alternatives measures rather than going to trial
Part 11 Miscellaneous Matters (Sections 313-343)
- provides economic instruments such as deposit-refund schemes and tradable units
Part 12 Consequential Amendments, Repeal, Transitional Provision and Coming Into Force (Sections 344-356)
Schedule 1: Toxic Substances
Schedule 2: Equivalent Acts and Regulations
Schedule 3, Part 1: Prohibited Substances
Schedule 3, Part 2: Substances Requiring Export Notice
Schedule 3, Part 3: Restricted Substances
Schedule 4: Equivalent Acts and Regulations
Schedule 5: Waste or Other Matter
Schedule 6: Assessment of Waste or Other Matter
CEPA Registry regulations page
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