An Agreement on the Equivalency of Federal and Alberta
Regulations for the Control of Toxic Substances in Alberta
This agreement between
THE GOVERNMENT OF CANADA (hereinafter referred to as Canada) as
represented by the Minister of the Department of Environment
OF THE FIRST PART
AND
THE GOVERNMENT OF ALBERTA (hereinafter referred to as Alberta)
as represented by the Minister of Environmental Protection
OF THE SECOND PART
WHEREAS the Canadian Council of Ministers of the Environment have
endorsed the Statement of Interjurisdictional Cooperation on Environmental
Matters to provide an overall framework for effective intergovernmental
cooperation on environmental matters;
AND WHEREAS, the Canadian Council of Ministers of the Environment
have endorsed the National Commitment to Pollution Prevention as a key
component of environmental protection and sustainable development;
AND WHEREAS, the presence of toxic substances in the environment
is a matter of concern for Canada and Alberta;
AND WHEREAS, Canada and Alberta wish to cooperate fully in protecting
the environment from the release of toxic substances;
AND WHEREAS, Canada and Alberta are committed to establish consistent
levels of environmental protection and environmental quality for all citizens
with respect to toxic substances;
AND WHEREAS, Canada and Alberta have each taken regulatory action
to control toxic substances;
AND WHEREAS, Canada and Alberta wish, wherever possible, to avoid
duplication of effort in controlling toxic substances;
AND WHEREAS, Section 98 of the Canadian Environmental Protection
Act (CEPA) authorizes the Minister of the Environment (the Federal Minister)
to enter into agreements with a provincial government for the administration
of CEPA;
AND WHEREAS, Subsection 34(6) of CEPA states that where the Federal
Minister and the government of a province agree in writing that there
are in force by or under the laws of the province, provisions that are
equivalent to the provisions of a regulation made under subsection 34(1),
and provisions that are similar to sections 108 to 110 of CEPA, the Governor
in Council on the recommendation of the Federal Minister, may make an
order declaring the provisions of the regulation do not apply in the province;
AND WHEREAS, The Governor in Council, by Order-In-Council P.C.
1994-880, dated May 26, 1994, has approved the entry by the Federal Minister
on behalf of Canada into this Agreement with Alberta with respect to the
administration of CEPA;
AND WHEREAS, Section 20 of the Environmental Protection and Enhancement
Act (EPEA) enables the Minister of Environmental Protection (the Provincial
Minister) to enter into agreements with Canada relating to any matter
pertaining to the environment;
AND WHEREAS, Section 138 of CEPA requires the Federal Minister
to report annually to Parliament on the administration and enforcement
of CEPA and on the administration of subsections 34(5) to 34(9) of CEPA;
AND WHEREAS, Section 15 of EPEA requires the Provincial Minister
to report annually on the state of the environment in Alberta;
NOW THEREFORE, Canada and Alberta do hereby agree as follows:
1.0 DEFINITIONS
"approvals" mean approvals issued under Part 2 of EPEA, the
Activities Designation Regulation AR 110/93 as amended and the Approvals
Procedure Regulation AR 113/93 as amended;
"CEPA" means the Canadian Environmental Protection Act; R.S.C.
1985 c. 16 (4th supp) as amended;
"CEPA regulations" means provisions of the regulations made
under the authority of CEPA and listed in Annex 1 including amendments
to those regulations;
"EPEA" means the Environmental Protection and Enhancement Act
S.A. 1992 c. E-13.3; and the regulations made under the Act.
2.0 EQUIVALENCY
2.1 Provisions that are in force by or under the laws of Alberta,
and in particular EPEA, are equivalent to the CEPA regulations, for the
purposes of subsection 34(6) of CEPA by reason of the fact that the following
criteria have been met:
- Standards
The standards, measurement or testing methods, which are made pursuant
to EPEA are equivalent to those which are contained in the CEPA regulations.
Provisions that are amended pursuant to EPEA, including approvals
which are issued, amended or renewed under the authority of EPEA,
will not contain standards, measurements and testing methods which
are less stringent than the corresponding standards, measurements
or testing methods contained in the CEPA regulations.
- Citizens' Request for Investigations
Sections 186 and 187 of EPEA provide a mechanism similar to that
provided in Sections 108 to 110 of CEPA whereby an alleged offence
will be investigated on the application of citizens, and the report
shall be made by the Director of the Alberta Department of Environmental
Protection to the applicants outlining the progress of the investigation
and the action, if any, that is or will be taken.
- Sanctions and Enforcement Programs
The penalty provisions and enforcement provisions of EPEA are equivalent
to the penalty provisions and enforcement measures provided in CEPA.
The enforcement policy, as outlined in "The Role of Enforcement
in Protecting Alberta's Environment", of the Alberta Department
of Environmental Protection in respect of the EPEA is equivalent to
the CEPA Enforcement and Compliance Policy in that it is a public
document containing a clear commitment on the part of Alberta to apply
and enforce EPEA and to do so in a fair, timely and consistent manner.
3.0 INFORMATION SHARING
3.1 The Federal Minister and the Provincial Minister will share
information respecting the administration of this Agreement in order to
meet each Minister's respective reporting obligations to Parliament or
to the Legislative Assembly as the case may be.
3.2 Information which will be shared by and made accessible between
the Parties on an as required basis for the purpose of section 3.1 includes
but is not limited to
inventories of activities subject to an approval;
approvals, including amendments and renewals of approvals;
-
annual inspection reports and compliance data summaries of Canada
and Alberta;
-
ambient air and water quality data or interpretive reports created
by the Alberta Department of Environmental Protection; and
-
annual statistics on enforcement actions of Canada and Alberta.
3.3 For the administration of this Agreement, Alberta will provide
to Canada
-
copies of the approvals that are issued, amended, or renewed under
EPEA that contain standards relevant to provisions in the CEPA regulations;
and
-
copies of the amendments made to the EPEA that are relevent to the
CEPA regulations.
3.4 For the administration of this Agreement, Canada will provide
to Alberta amendments made to the CEPA regulations.
4.0 ENTRY INTO FORCE, AMENDMENT, TERMINATION
4.1 This Agreement, including Annex I, comes into force when the
Governor in Council makes an order in accordance with subsection 34(6)
of CEPA that the provisions of the CEPA regulations do not apply in Alberta.
4.2 This Agreement and Annex may be amended at any time by written
agreement of both Parties subject to the approval of the Governor in Council.
4.3 Either Party may terminate this Agreement and Annex upon giving
six (6) months written notice to the other Party.
4.4 The Annex constitutes an integral part of this Agreement.
IN WITNESS WHEREOF, this Agreement is made this day
of ,
1994 between the Government of Canada, as represented by Minister of the
Environment and the Government of Alberta, as represented by the Minister
of Environmental Protection.
IN THE PRESENCE OF:
GOVERNMENT OF ALBERTA
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______________________
Witness
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______________________
Minister of Environmental Protection
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Approved pursuant to the
Alberta Department of
Federal and
Intergovernmental Affairs
Act
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______________________
Witness
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______________________
Minister of Federal
and Intergovernmental
Affairs
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GOVERNMENT OF CANADA
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______________________
Witness |
______________________
Minister of the Environment
and Deputy Prime Minister |
Annex 1
List of Provisions of CEPA Regulations
Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations
SOR/92-267 (All Sections).
Pulp and Paper Mill Defoamer and Wood Chips Regulations SOR/92-268 (ss.4(1),
6(2), 6(3) (b), 7 and 9 only).
Secondary Lead Smelter Release Regulations SOR/91-155 (All Sections).
Vinyl Chloride Release Regulations SOR/92-631 (All Sections).
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