Objection by CELA and WWF-Canada by facsimile

11 April 2001

Dear Minister:

RE: NOTICE OF OBJECTION
Feb 10, 2001 Order: Amending Schedule 2 to the Canadian Environmental Protection Act, 1999, Number 1, Statutory Authority Canadian Environmental Protection Act, 1999

The Canadian Environmental Law Association (CELA) and World Wildlife Fund Canada (WWF-Canada) have submitted a Notice of Objection to the above Order via the Environmental Protection Service. On February 10, 2001, the above-mentioned Regulatory Impact Analysis Statement was published in the Canada Gazette thereby initiating a 60-day comment period. Our aim in proceeding with this action is to underscore the urgent need to review the 1969 Pest Control Products Act (PCPA).

The intention of the above Order is to avoid duplication between federal Acts involved in the management of pesticides in Canada. However, through careful legal review, we find that the Pest Control Products Act (PCPA) falls short of the necessary provisions to meet the standard set by the 1999 Canadian Environmental Protection Act (CEPA) with respect to the notification and assessment requirements for new substances. Out of a shared concern for the health and environment of Canadians, we respectfully request that a Board of Review be established to consider this important matter.

The 1969 PCPA and 1999 CEPA are founded on different principles. This difference is apparent in the relevant operational provisions. For example, the precautionary principle is a cornerstone of CEPA 99 and is not part of the current PCPA. Further, public participation in environmental decision-making is another cornerstone of CEPA and is also not part of the current PCPA.

It may be argued by some that CEPA 1999 allows the Governor in Council (GIC) the discretion to exempt legislation as it deems fit. However, the Act is written to require legal equivalency before this discretionary authority can be exercised.

We appreciate your on-going commitment to the health of Canadians and their environment and encourage your vigilance in respect of this important phase of CEPA 99 implementation. The PCPA was passed in 1969. Since then, we have learned a lot about pesticides, for example, endocrine disruption, the special vulnerability of children and wildlife and the consequences of bioaccumulation in the North.

Pesticide management in Canada is long overdue for a major overhaul, led by a renewed, publically supported PCPA. It is our hope that new pest control legislation will remedy the failings enumerated in this Notice of Objection. Until that time, we strongly believe that the PCPA should not be judged as CEPA-equivalent.

Thank you, in advance, for your prompt attention to this matter.

Yours truly,