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
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SECTION 1: INTRODUCTION
The Canadian Environmental Protection Act, 1999 (CEPA 1999) came
into force on March 31, 2000 following an extensive Parliamentary review
of the "original" 1988 CEPA. Its full title states that it is
"An Act respecting pollution prevention and the protection of the
environment and human health in order to contribute to sustainable development."
The Ministers of the Environment and Health jointly administer the provisions
of CEPA 1999 regarding new and existing substances (including products
of biotechnology). The Minister of Health administers research and guideline
development related to human health. The Minister of the Environment administers
all other aspects of the Act. (Note that in this paper the term "Ministers"
refers to the Ministers of the Environment and Health and the term "Minister"
refers to the Minister of the Environment.)
CEPA 1999 stipulates that a Parliamentary Committee must review the Act
every five years after it comes into force. The Parliamentary Committee
will conduct a review of the Act beginning sometime after March 31, 2005.
The Committee will have up to one year to complete the review from the
time it is initiated (but may be granted an extension, if needed). Their
advice will be provided to Parliament. The government will then have 150
days to respond. The government may then decide whether and how to revise
the Act.
This paper is intended to:
- provide background information to assist Canadians in developing
and sharing their views on the issues that should be addressed during
the Parliamentary Review of CEPA 1999; and,
- solicit feedback from Canadians on the issues about CEPA 1999 that
Environment Canada and Health Canada have identified for consideration
in preparing for the Parliamentary Review.
This paper is posted at: www.ec.gc.ca/CEPARegistry/review/CR_Participation/default.cfm.The
website and section 8 of this paper include information on how to comment
on this document. The paper will also be a background document for regional
public workshops to be held early in 2005. Details on the workshops will
be posted on the CEPA Environmental Registry website.
In addition to this public engagement, an independent evaluation of the
implementation of the Act is being conducted. This evaluation will be
an important complement to the advice provided to the Parliamentary Committee
in assessing the progress to date in implementing CEPA 1999. Among other
things, the evaluation will determine whether:
- mandatory obligations are being met and progress is being made in
realizing the Act's intended outcomes;
- issues and programs are being managed in an effective and cost-efficient
manner;
- progress is being measured and reported, defensible priorities have
been established, and performance measurement data and priority-setting
are being used in decision-making; and
- appropriate staff and resources are in place.
The evaluation will not assess actual environmental or health outcomes,
as the Act has not been in place long enough to have a measurable contribution
on achieving environmental or health results.
This paper is structured around key themes related to the goal of a competitive
economy anchored on a sustainable environment framework that has been
described recently by the Minister of Environment. As such, it does not
provide a comprehensive overview of CEPA 1999. The "plain language"
Guide to CEPA 1999 (www.ec.gc.ca/CEPARegistry/the_act/guide04/toc.cfm)
and the CEPA Environmental Registry (www.ec.gc.ca/CEPARegistry/)
provide detailed information on the Act, including virtually every aspect
of the Act discussed in this paper. The annual reports to Parliament (www.ec.gc.ca/CEPARegistry/gene_info)
on the administration and enforcement of the Act provide extensive information
on activities and progress to date on every aspect of CEPA 1999.
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