SCOPING THE ISSUES: Preparation for the Parliamentary Review of the
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Strengthening Legislation for a Sustainable Environment, a Healthy Population
and a Competitive Economy
Questions
FOREWORD
Do you agree with the issues identified by
the departments?
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Do you have additional issues?
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How would you suggest CEPA 1999 and/or its
implementation evolve to address these issues?
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SECTION 1: INTRODUCTION
No questions.
SECTION 2: CONTEXT FOR THE REVIEW
No questions.
SECTION 3: EFFECTIVE DECISION-MAKING
Q 3.1. What are your views on this issue?
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Q 3.2. Should CEPA 1999 provide support for the
objective of keeping-clean-areas-clean? If so, how?
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Q 3.3. Does work under CEPA 1999 adequately consider
the precautionary principle and the most vulnerable populations?
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Q 3.4. Does CEPA 1999 adequately enable effective
transparency, access to information and opportunities for public participation?
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Q 3.5. Are there improvements needed to the CEPA
Environmental Registry to facilitate better access to information and
informed participation in decisions related to CEPA 1999?
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Q 3.6. Should the Parliamentary review
of the Act be increased from every five years to every seven years?
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Q 3.7. If Ministers choose the route of no further
action under CEPA 1999 (i.e. a non-CEPA measure is pursued), should conditions
be put in place to ensure effective accountability for protection of the
environment and human health?
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Q 3.8. If a non-CEPA 1999 measure is pursued, should
CEPA 1999 play a backstop role? If so, how can this be done efficiently?
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Environment Canada and Health Canada regard
administrative and equivalency Agreements as important mechanisms for
enhancing the efficiency of the overall Canadian environmental management
regime. As such, the subject matter, scope and timeframe of these agreements
can vary markedly.
Q 3.9. Should CEPA 1999 provide the flexibility to tailor administrative
and equivalency agreements to appropriate circumstances?
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Q 3.10. What are your views on this issue?
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Q 3.11. What are your views on this issue?
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Q 3.12. How should CEPA 1999 interface with other
federal authorities for the management of products?
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The management of biotechnology is an important and complex issue
that has many dimensions - such as horizontal governance - outside of
the scope of CEPA 1999.
Q 3.13. In the context of a federal strategy
to build on existing legislation, is the residual role that CEPA 1999
serves adequate for assessing and managing current products of biotechnology?
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Q 3.14. Is the Act adequate for assessing
and managing emerging developments of biotechnology?
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Q 3.15. Should CEPA 1999 authorize remedial
measures with respect to animate products of biotechnology?
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The regulatory gaps with respect to federal activities and lands
and with respect to Aboriginal lands presents ongoing challenges whose
resolution requires considering a wide range of factors, some of which
are well outside of the scope of CEPA 1999.
Q 3.16. What are your views on this issue?
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SECTION 4: TIMELY ACCESS TO INFORMATION
Q 4.1. Should CEPA 1999 be clarified to require
the Minister of Health to conduct monitoring studies?
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Q 4.2. Is there a need to improve the reliability
of information reported under NPRI and the administrative efficiency of
the program? If so, what type of changes to CEPA 1999 would you recommend?
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Q 4.3. Should the Act extend the information gathering
powers in s. 71 to the Minister of Health?
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SECTION 5: SOUND SCIENCE AND RESEARCH
Q 5.1. How may current resources and
capacity be used to further develop and coordinate scientific and research
partnerships and activities, in order to advance scientific objectives
which support decision-making under CEPA 1999?
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Q 5.2. How can Environment Canada and
Health Canada most effectively include traditional aboriginal knowledge
in their decision-making processes?
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Given the challenges listed above, Environment
Canada and Health Canada plan to continue to:
- use the tools provided by CEPA 1999 in the most efficient manner
possible;
- identify opportunities and methodologies for grouping substances
together by class or sector for risk assessment; and
- seek collaborative opportunities to improve databases and reduce
resource requirements and timelines for assessments of existing substances.
Q 5.3. What are your views on this issue?
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Q 5.4. Does the Act provide adequate authority
to support inter-jurisdictional cooperation in the implementation of the
New Substances Program?
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Q 5.5. Should CEPA 1999: fl provide the
authority to remove any of the originating substances from the DSL if
information determines that the is no longer used in Canada; and fl clarify
the authority for the submission of information regarding current use
patterns and quantities in use of substances on the DSL?
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SECTION 6: PERFORMANCE PROMOTION
CEPA 1999 provides broad authorities to
enforce the Act and its regulations.
Q 6.1. What are your views on this issue?
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Q 6.2. Should the Act provide an alternative
approach to the designation of substances?
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Q 6.3. Should the Act provide an alternative
approach to the listing of substances that have been determined to be
toxic?
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Q 6.4. Should the Act include additional
authority regarding economic instruments?
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Q 6.5. Should CEPA 1999 require an LoQ for every
substance being added to the Virtual Elimination List?
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Q 6.6. Should the Act enable export/import
permits to adapt to changing circumstances?
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Q 6.7. Are the export reduction planning
provisions effective, or should they be clarified or removed from the
Act?
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Q 6.8. Should CEPA 1999 enable further alignment
with emission control standards of other countries, including the U.S.?
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Q 6.9. Should CEPA 1999 include authorities to
address fuels as they move throughout the entire distribution system (from
the refinery to the service station)?
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Q 6.10. Should CEPA 1999 be clarified to ensure
that the Minister can prohibit the sale or use of a new substance that
has been manufactured in or imported into Canada prior to completion of
its assessment?
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Q 6.11. Are there benefits to the CEPA
1999 requirement that disposal at sea permits be published in the Canada
Gazette for a 30 day period?
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Q 6.12. Should more flexibility be accorded
for a permit's term?
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Q 6.13. What are your views on this issue?
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Q 6.14. Should CEPA 1999 authorize the designation
of qualified persons as environmental emergencies officers?
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SECTION 7: EDUCATION - PROMOTING UNDERSTANDING
7.3 SHOULD CEPA 1999 BE IMPLEMENTED DIFFERENTLY? SHOULD THE ACT BE CHANGED?
Q 7.1. What are your views on this issue?
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Indicators and Environmental and Health Prediction
Q 7.2. What are your views on this issue?
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Risk communication
Q 7.3. What are your views on this issue?
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SECTION 8: CONCLUSIONS AND NEXT STEPS
No Questions.
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