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CEPA 1999 Annual Report : April 2003 to March 2004
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10 Enforcement (Part 10)
CEPA 1999 provides enforcement officers with a wide range of powers to
enforce the Act, including the powers of a peace officer.
These officers can carry out inspections to verify compliance with the
Act; conduct investigations of suspected violations; enter premises, open
containers and examine contents and take samples; conduct tests and measurements;
obtain access to information (including data stored on computers); stop
and detain conveyances; enter, search, seize and detain items related
to the enforcement of the Act; secure inspection warrants to enter and
inspect premises that are locked and/or abandoned or where entry has been
refused; seek search warrants; and arrest offenders.
CEPA analysts can enter premises when accompanied by an enforcement officer.
They can exercise the following inspection powers: open containers, examine
contents and take samples, conduct tests and measurements and secure access
to information. Although CEPA analysts have no authority to issue warnings,
directions, tickets or orders, they may be called as expert witnesses
for the purpose of securing an injunction or conducting prosecutions.
The Act provides a wide range of responses to alleged violations, including
warnings, directions, tickets, prohibition orders, recall orders, detention
orders for ships, injunctions to stop or prevent a violation, prosecutions,
Environmental Protection Alternative Measures and Environmental Protection
Alternative Compliance Orders. Enforcement activities include measures
to compel compliance without resorting to formal court action and measures
to compel compliance through court action.
10.1 Designations
In 2003-04, no additional persons were designated as enforcement officers
under CEPA 1999. The total number of designated CEPA enforcement officers
remained at 107.
10.2 Training
In 2003-04, the training design and delivery model was successfully applied
to a number of new projects, including the preparation of the Basic Enforcement
Training required for designation as enforcement officers. This process
included the selection of a new training delivery supplier and redesign
of the training module on sampling.
In addition, training was given on the Ozone-depleting Substances
Regulations and the Tetrachloroethylene (Use in Dry Cleaning and
Reporting Requirements) Regulations.
10.3 Reinforcing the Compliance Continuum
In 2003-04, Environment Canada took steps to reinforce the linkages among
the complementary segments of the "compliance continuum," which
includes compliance promotion, compliance monitoring, compliance verification
and enforcement. A compliance assurance function was developed in order
to conduct research and evaluation and provide functional guidance so
that the Department makes better priority-setting, targeting and resource
allocation decisions relating to compliance promotion and enforcement
activities.
An important component of the compliance assurance function is the development
of performance management tools to reinforce compliance with CEPA 1999
and its regulations. Performance measures help the Department to focus
on those tools that best support its compliance activities. In 2003-04,
several pilot projects were implemented to measure the performance of
compliance promotion and enforcement activities.
This approach will enhance Environment Canada's ability to develop priority-based,
nationally coherent strategies and plans for compliance promotion and
enforcement and to achieve greater consistency in environmental protection
program implementation.
10.4 Compliance Promotion
Compliance promotion activities are designed to help those who are subject
to CEPA 1999 understand and achieve compliance with the law. The following
are some examples of compliance promotion activities conducted in 2003-04:
- Solvent Degreasing Regulations — All Environment Canada
regional offices participated in compliance promotion activities that
included mail-outs of a compliance guide, information sessions and plant
visits at several regulated facilities.
- Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements)
Regulations — Compliance promotion workshops were held in
every region to disseminate information on the regulatory requirements.
In addition, copies of the proposed regulations, bulletins, guidance
documents and fact sheets were distributed directly to several thousand
regulatees across Canada. Compliance promotion materials, in English,
French, Korean, Punjabi and Chinese, are posted at the new dry-cleaning
website on the Green Lane: www.pyr.ec.gc.ca/dryclean/.
- Federal Halocarbon Regulations — The Pacific and Yukon
Region coordinated five compliance promotion workshops throughout British
Columbia. The Prairie and Northern Region organized and delivered information
sessions in Whitehorse and Yellowknife, while the Ontario Region distributed
newsletters and information packages to federal facilities and First
Nations peoples. In the Quebec Region, seven information sessions were
delivered. The revised version of the Guide for the Implementation
of a Halocarbon Recovery Program for Domestic Appliances was published.
This guide aims to help municipalities establish recovery programs for
substances that deplete the ozone layer and halocarbon alternatives
in an effort to protect the ozone layer.
- New Substances Notification Regulations — Collectively,
the Atlantic Region and Pacific and Yukon Region conducted 13 information
sessions and coordinated 5 compliance promotion workshops. An information
booth was also set up at the Globe conference, the Organics Residuals
Recycling conference and the BC Water and Waste Association trade show.
Information packages on compliance were also sent out to stakeholders.
Quebec stakeholders in the pulp and paper, painting and coverings industry
were informed about the requirements of the New Substances Notification
Regulations.
- Environmental Emergency Regulations — The Atlantic Region
organized and delivered a Contingency Planning Workshop, which emphasized
the new Environmental Emergency Regulations. Information sessions
were set up to discuss the various requirements of the Regulations with
representatives of the regulated community. The Quebec Region organized
and delivered 14 workshops on these Regulations, which reached approximately
556 persons. In total, 4500 promotion letters were sent to inform regulatees
in Quebec.
10.5 Inspections
Each year, a national inspection plan is developed that describes the
inspection activities that will be carried out that fiscal year for CEPA
1999 and the Fisheries Act. To maximize the effectiveness of these
activities, priority may be given to specific regulations. In 2003-04,
priority regulations were identified on the basis of Environment Canada's
Compliance and Enforcement Policy and included factors such as the risk
to the environment and human health, compliance rates, new and amended
regulations, nature of the regulatory provisions, operational complexity
and capacity, and domestic and international commitments and obligations.
The number of inspections carried out under the plan is supplemented by
a large number of inspections resulting from complaints, intelligence
or other information.
In 2003-04, the national inspection plan identified the following CEPA
1999 regulations as national priorities:
- New Substances Notification Regulations;
- Gasoline Regulations;
- Fuels Information Regulation, No. 1;
- Gasoline and Gasoline Blend Dispensing Flow Rate Regulations;
- Contaminated Fuels Regulations;
- Sulphur in Diesel Fuel Regulations;
- Sulphur in Gasoline Regulations;
- Benzene in Gasoline Regulations; and
- Export and Import of Hazardous Wastes Regulations.
In addition, a number of regulations were identified as regional inspection
priorities. The priority placed on regulations in each region was influenced
by a number of factors, including geography, demographic factors and provincial
and territorial environmental sensitivities.
10.6 Investigations
Enforcement officers appointed under CEPA 1999 carry out two categories
of enforcement activity: inspection and investigation. The purpose of
an inspection is to verify compliance with CEPA 1999 and its regulations.
An investigation involves gathering, from a variety of sources, evidence
and information relevant to a suspected violation. Enforcement officers
will examine every suspected violation of which they have knowledge. If,
after the examination, they determine that there is insufficient evidence
to prove the alleged violation or that the alleged violation did not,
in fact, occur, they will take no further enforcement action. If they
are able to substantiate that a violation took place and there is sufficient
evidence to proceed, they will respond.
The responses available to deal with alleged violations of the CEPA 1999
and its regulations include warnings, directions, tickets, Ministerial
Orders, environmental protection compliance orders, detention orders for
ships, injunctions, prosecution, environmental protection alternative
measures, court orders following conviction and civil suits by the Crown
to recover costs.
Table 6 is a tabulation of inspections,
investigations and some of the more commonly used responses to violations.
10.7 Environmental Protection Compliance Orders
An Environmental Protection Compliance Order can be issued to prevent
a violation from occurring; to stop or correct one that is occurring or
continuing over a period of time; or to correct an omission where one
is occurring under CEPA 1999 or one of its regulations.
In 2003-04, an Environmental Protection Compliance Order was issued to
a company in British Columbia that was allegedly in violation of the Ozone-Depleting
Substances Regulations. The company was ordered to stop the import,
offering for sale and sale of a product known to contain hydrochlorofluorocarbons.
10.8 Prosecutions and Court Cases
Key prosecutions and court cases in 2003-04 included:
- A Newfoundland company was fined $1750 ($250 fine and $1500 contribution
to the Environmental Damages Fund) after pleading guilty to a violation
of subsection 125(1) of CEPA 1999 resulting from improper disposal of
fish offal.
- An Ontario company was fined $7500 ($1000 per charge for six charges
and a victim surcharge of $1500) after pleading guilty to six charges
of violating the Ozone-Depleting Substances Regulations under
CEPA 1999. The charges related to failure to declare imports for the
2001. This was the first time the Contraventions Act (ticketing)
was used as an enforcement response by the Ontario Region.
- An Ontario company was fined $25 000 ($5000 fine and $20 000
to the Canadian Dermatology Association) after pleading guilty to charges
of violating the Ozone-Depleting Substances Regulations under
CEPA 1999. The charges were in relation to the illegal importation of
substances known to contain hydrochlorofluorocarbons.
- An Ontario company was fined $25 000 payable to the Canadian Dermatological
Association for violations of the Ozone-Depleting Substances Regulations,
relating to the importation of products containing 1,1,1-trichloroethane.
Upon the appeal of the penalty by the Crown, the appeal court reassessed
the case and raised the amount of the penalty to $75 000.
- A Quebec company was fined $3500 after pleading guilty to charges
under the Export and Import of Hazardous Waste Regulations
in relation to the importation of hazardous waste without a permit.
- A company in British Columbia was fined $5000 ($500 fine and $4500
contribution to the Environmental Damages Fund) after pleading guilty
to charges of violating section 185 of CEPA 1999. The charges were in
relation to the illegal importation of a hazardous waste/hazardous recyclable
material/prescribed non-hazardous waste.
10.9 International Action
Enforcement-related activities are carried out under various international
agreements and organizations. Key international activities in 2003-04
include:
- International Network for Environmental Compliance and Enforcement
— The network of more than 100 countries launched its Environmental
Enforcement Indicators Project by forming an enforcement indicators
expert working group, drafting a background paper and collaborating
with the Organisation for Economic Co-operation and Development on a
two-day enforcement workshop.
- Interpol — Interpol is an international police organization
comprising 174 member states. Environment Canada's Enforcement Branch
is a member of Interpol's Environmental Crimes Committee. In 2003, the
Enforcement Branch contributed to the development of course curriculum
for Interpol's Environmental Crimes Training Course. This course is
designed to sensitize law enforcement officers to environmental crimes
and educate them on how to appropriately respond to and investigate
environmental crimes.
- North American Agreement on Environmental Cooperation —
The Enforcement Working Group under the Commission for Environmental
Cooperation provides a forum to help member countries (Mexico, United
States and Canada) to work together on projects and initiatives that
encourage trinational environmental enforcement collaboration. In 2003,
meetings focused on fostering an interagency exchange of information,
regional priority setting and enforcement and compliance strategies.
A meeting between the Commission and its Joint Public Advisory Committee
provided public input on enforcement activities.
- United Nations Convention on the Law of the Sea — Canada
ratified this Convention in 2003. Enforcement staff continued to participate
in meetings, working groups and discussions on the implementation of
the Convention.
- United Nations Environment Programme — Environment Canada
made use of funding provided by the Programme to provide training to
Colombian environmental law enforcement officials and customs officers
on detecting and investigating ozone-depleting substances smuggling
operations.
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