Federal Legislation
Canadian Environmental Protection Act
The Act states that if a person releases a regulated toxic substance into the environment or owns the substance this person must take all reasonable emergency measures to remedy any dangerous condition or reduce or mitigate any danger resulting from the release.
There are a number of regulations under the CEPA which may affect the management of contaminated sites. These include the Polychlorinated Biphenyls (PCB) Regulations, the PCB Treatment and Destruction Regulations, Storage of PCB Material Regulations and Contaminated Fuel Regulations.
Fisheries Act
The Fisheries Act stipulates that no work or undertaking shall be carried out that may result in harmful alteration, disruption or destruction of fish habitat, unless authorized by the Minister or by regulation. Further it is an offence to deposit or allow the deposit of any deleterious substances in waters frequented by fish, unless authorized by regulation under the Fisheries Act or another Federal Act.
The Act also specifies that if anyone is to engage in any work which may result in the disruption or destruction of fish habitat, or to deposit a deleterious substance in water frequented by fish, then plans, studies and specifications of the procedure must be provided to the Minister.
Canadian Environmental Assessment Act
The Canadian Environmental Assessment Act (CEAA) requires an environmental assessment (EA) if an activity falls within the definition of "project" and there is a trigger such as federal proponent, federal land, federal approval, federal funding. An EA is also required when a project is on the CEEA's Inclusion List. As of June 1999, the remediation of contaminated sites has been added to this List and therefor requires an EA.
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