CEPA 1999, The Act and its Regulations
	The protection of the environment is essential to the well-being of Canadians and the primary purpose of this Act is to contribute to sustainable development through pollution prevention. The government of Canada will endeavor to remove threats to biological diversity through pollution prevention, the control and management of toxic substances, pollutants and wastes, and the virtual elimination of persistent and bioaccumulative toxic substances.
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The Canadian Environmental Protection Act, 1999 (CEPA 1999) contributes to sustainable development through pollution prevention and protects the environment and human health from the risks associated with toxic substances, pollutants, and wastes.

Through CEPA 1999, the Government of Canada is committed to implementing pollution prevention as a national goal and as the priority approach to environmental protection; is committed to implementing the precautionary principle; recognizes the importance of cooperating with provinces, territories, and aboriginal people for protecting the environment; recognizes that the risk of toxic substances in the environment is a matter of national concern; and acknowledges the need to virtually eliminate the most persistent and bioaccumulative toxic substances and the need to control and manage pollutants and wastes.

Health Canada works in collaboration with Environment Canada to determine whether or not substances are toxic under the Act and to develop control options. The Act also allows the regulation of disposal at sea; nutrients; export, import, transit, and interprovincial movement of hazardous wastes; fuels; emissions from engines and vehicles; and other threats to Canada's ecosystems and biological diversity.

PARTS OF THE ACT

INTRODUCTORY PART (S. 1 TO 5):

This part describes the purpose of the Act and provides, in its preamble, the commitments of the Government of Canada regarding protection of the environment and sustainable development. Sections 1 and 2 of the Act establish the obligations of the Canadian government in executing its administrative duties, including enforcement of the Act. This part also includes the definition of specific terms used throughout the Act.

PART 1 – ADMINISTRATION (S. 6 TO 10):

Part 1 of CEPA 1999 requires establishment of a National Advisory Committee (NAC), composed of representatives from federal, provincial, and aboriginal governments. This committee should enable national cooperative actions on environmental matters and should avoid duplication in regulatory activities among governments. The NAC provides the Ministers of Environment and Health with advice on specific proposed regulations, the approach to management of toxic substances, and any other matters of mutual interest. Part 1 also allows the Minister of Environment to enter, with provincial, territorial, and aboriginal governments and with aboriginal people, into agreements respecting administration of the Act or agreements respecting equivalent provision.

PART 2 – PUBLIC PARTICIPATION (S. 11 TO 42):

Part 2 requires establishment of an Environmental Registry of information relating to the Act to make it easier to access documents, such as policies, proposed regulations and orders, Ministerial notices, and inventories, such as the National Pollutant Release Inventory (NPRI). Part 2 also outlines enhanced rights of individuals, such as “whistleblower protection,” requests to the Minister for an investigation of an alleged offence, and seeking compensation through civil action.

PART 3 – INFORMATION GATHERING, OBJECTIVES, GUIDELINES, AND CODES OF PRACTICE (S. 43 TO 55):

Part 3 sets out requirements for the Minister of Environment to establish, operate, and maintain an environmental quality monitoring system, conduct research and studies, and publish information, including periodic reports on the state of the Canadian environment and on the NPRI. Part 3 also establishes the Minister’s authority to require submission of information and sets out the obligations of the Ministers of Environment and Health to issue objectives, guidelines, and codes of practice.

PART 4 – POLLUTION PREVENTION (S. 56 TO 63):

Part 4 provides authorities to require any person or class of persons to prepare and implement a pollution prevention plan to avoid or minimize pollution, in relation to substances declared as toxic substances under the Act and to releases of international air and water pollution by Canadian sources. Part 4 also provides the Minister with authorities to develop and publish model prevention plans, establish a national information clearinghouse, and create an awards program for pollution prevention.

PART 5 – CONTROLLING TOXIC SUBSTANCES (S. 64 TO 103):

Part 5 establishes a comprehensive management regime for toxic substances, which includes an assessment of toxicity of priority substances, control of toxic substances listed on Schedule 1, the virtual elimination of releases of toxic substances that are persistent, bioaccumulative, and present in the environment primarily as a result of human activity, and the assessment of new substances. Substances that are not on the Domestic Substances List (DSL) are considered to be new substances and cannot be used, manufactured, or imported until legal requirements are met. Inanimate products of biotechnology are dealt with under Part 5, but animate products of biotechnology are dealt with underPart 6.

PART 6 – ANIMATE PRODUCTS OF BIOTECHNOLOGY (S. 104 TO 115):

Part 6 establishes an assessment process for new animate products of biotechnology (i.e., living organisms) that mirrors provisions in Part 5 respecting new substances that are chemicals. Living organisms that are not on the DSL are considered to be new substances. Like new substances dealt with under Part 5, new living organisms cannot be used, manufactured, or imported until legal requirements are met.

PART 7 – CONTROLLING POLLUTION AND MANAGING WASTES (S. 116 TO 192):

As its name suggests, Part 7 covers varied subject matter. It contains provisions for nutrients, disposal of wastes at sea, fuels, emissions from engines and vehicles, Canadian sources of international pollution of air and water, and control of wastes.

PART 8 – ENVIRONMENTAL EMERGENCIES (S. 193 TO 205):

Part 8 provides authorities to require emergency plans for substances once they have been declared toxic by the Ministers of Environment and Health. Environmental emergency plans for a toxic substance must cover prevention, preparedness, response, and recovery. The Minister has the authority to issue guidelines and codes of practice and to make regulations. This part also establishes an obligation to report and take corrective actions in case of an environmental emergency involving a regulated substance.

PART 9 – GOVERNMENT OPERATIONS, FEDERAL AND ABORIGINAL LAND (S. 206 TO 215):

Part 9 of CEPA 1999 provides the authority to regulate environmental matters related to the federal government (a department, an agency, a Crown corporation); to federal and aboriginal land, entities, or persons on federal and aboriginal land or insofar as their activities affect that land; and to federal work or undertaking (public or private sector enterprises that are within the legislative authority of Parliament). This part of CEPA 1999 requires the Minister to establish objectives, guidelines, and codes of practice for the “federal house.” An obligation is also established for the federal entity to report and take corrective actions in case of a release of a regulated substance into the environment.

PART 10 – ENFORCEMENT (S. 216 TO 312):

Part 10 provides the Minister with the authority to designate persons or classes of persons as enforcement officers or analysts. CEPA 1999 provides enforcement officers with a wide range of powers to enforce the Act, including all the powers of a peace officer. Under specified conditions, they can enter premises, inspect, investigate, seize, and detain. Parts 5, 7, 8, and 9 provide authority for enforcement officers to issue directions to prevent, stop, or correct releases of substances to the environment in excess of regulated limits. Those directions powers are completed by the provisions of Part 10 to issue environmental protection compliance orders (EPCOs) and orders for the detention of ships in specific circumstances. This part also provides authorities for enforcement officers to stop and detain conveyances such as ships, trucks, trains, and cars for the purpose of conducting an inspection. While authority is present in Part 10 to create regulations allowing ticketing, Environment Canada has already proceeded under the Contraventions Act to designate, as punishable by ticket, CEPA 1999 offences that result in no or minimal harm to the environment or to human life or health. Part 10 also provides for alternative measures to formal court prosecution. Those measures, called environmental protection alternative measures (EPAM), can be used by the Crown for most CEPA 1999 offences, and conditions of eligibility for an accused to negotiate EPAM are set out in the Act itself. This part also establishes provisions for offences, punishment, sentencing, and court orders.

PART 11 – MISCELLANEOUS MATTERS (S. 313 TO 343):

Part 11 sets out general authorities or conditions for disclosure of information, general provisions regarding regulations, and authority for cost recovery and the use of economic instruments. The authority for boards of review is specified in this part, as are requirements for publication of proposed regulations in the Canada Gazette, for the Minister of Environment to report to Parliament on the administration of the Act, and for review of the Act every five years.

PART 12 – CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE (S. 344 TO 356):

Part 12 provides modification for amendments to other acts of Parliament, repealing of certain provisions, and coming into force.

REGULATIONS

The following regulations are in force under CEPA 1999:

• Asbestos Mines and Mills Release Regulations
• Benzene in Gasoline Regulations
• Chlor-Alkali Mercury Release Regulations
• Chlorobiphenyls Regulations
• Contaminated Fuel Regulations
• Diesel Fuel Regulations
• Disposal at Sea Regulations
• Export and Import of Hazardous Wastes Regulations
• Export Control List Notification Regulations
• Federal Halocarbon Regulations
• Federal Mobile PCB Treatment and Destruction Regulations
• Federal Petroleum Storage Tank Regulations
• Fuels Information Regulations No. 1
• Gasoline and Gasoline Blend Dispensing Flow Rate Regulations
• Gasoline Regulations
• Interprovincial Movement of Hazardous Waste Regulations
• Masked Name Regulations
• New Substance Notification Regulations
• Ozone-Depleting Substances Regulations, 1998
• PCB Waste Export Regulations, 1996
• Persistence and Bioaccumulation Regulations
• Phosphorus Concentration Regulations
• Prohibition of Certain Toxic Substance Regulations
• Pulp and Paper Defoamer and Wood Chip Regulations
• Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations
• Regulations Respecting the Form and Content of an Application for a Permit for Disposal at Sea
• Secondary Lead Smelter Release Regulations
• Storage of PCB Material Regulations
• Sulfur in Diesel Fuel Regulations
• Sulfur in Gasoline Regulations
• Tributyltetradecylphosphonium Chloride Regulations
• Vinyl Chloride Release Regulations, 1992