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The Canadian Environmental Protection Act, 1999 (CEPA 1999)
CEPA 1999: Focus on Issues
Key environmental issues managed under CEPA 1999
October 2005
The health of Canadians and our economic and social progress are fundamentally
linked to the quality of our environment. Recognizing this, the Government
of Canada's environmental policies, under the banner of Project Green,
are linked with economic and market realities so that Canadians have a
cleaner, healthier environment and continued economic growth. The Canadian
Environmental Protection Act, 1999 is one of the Government of Canada's
primary tools for achieving sustainable development and pollution prevention
- the goals set out through Project Green.
This info-sheet is part of a series of three that provides an overview
of CEPA 1999. CEPA 1999: Focus on Issues provides an introduction
to the main issues addressed by the Act. The others in the series provide
a brief introduction to the Act — CEPA 1999 at a Glance,
and the key processes employed — CEPA 1999: The Management Process.
CEPA 1999 — a tool to help protect the environment and
human health
CEPA 1999 enables the Government of Canada to provide sound management
in eight major and distinct areas. The Act is intended to protect the
environment and human health from the risks posed by harmful pollutants
and to prevent new ones from entering the Canadian environment. The following
snapshots show how CEPA 1999 works:
- New and existing substances
CEPA 1999 aims to protect the environment and human health
from risks posed by substances, including those new to Canada since
1987 (new substances), as well as the chemicals in use before
1987 (existing substances). Assessment of both new and existing
substances is the joint responsibility of Environment Canada and Health
Canada.
Most of the 23,000 existing substances were put into use without being
subjected to a full health and environmental risk assessment. In order
to begin to set priorities among these substances for assessing the
risks they pose, CEPA 1999 requires that they be categorized in terms
of whether they are (a) inherently toxic and either bioaccumulate in
living organisms (meaning they collect in living organisms and end up
in the food chain), or persist in the environment (meaning they take
a long time to break down), or (b) present the greatest potential for
human exposure in Canada. Substances which meet either (a) or (b) must
undergo a risk assessment. If, through the assessment, they are found
to pose risks to the environment or human health, action to deal with
the substance is planned. A variety of risk management instruments are
available for use under CEPA 1999, including guidelines, codes of practice,
pollution prevention plans, environmental emergency plans and regulations,
allowing the Government of Canada to use the right tool or set of tools
to address the risk at hand.
New substances are assessed, and if they have the potential to pose
unacceptable risks to the environment and to human health, control measures
are put in place before they are introduced into the Canadian marketplace.
If the risks are severe enough, they may not be permitted to be used
commercially in Canada.
- Living products of biotechnology
CEPA 1999 also deals with new living organisms that are the
products of biotechnology, and takes into account the special characteristics
of living organisms that separate them from other new substances (such
as chemicals and polymers). For example, since living organisms are
capable of reproduction, quantity limitations are not useful approaches
to managing them. CEPA 1999 provides the federal benchmark for the process
for notification and assessment of new chemical substances and products
of biotechnology. The notification and assessment provisions of CEPA
1999 actually serve as a safety net for these substances and products,
and do not apply if requirements for notification and assessment are
met by another federal act, such as the Pest Control Products Act,
the Fertilizers Act, the Feeds Act,
the Seeds Act or the Health
of Animals Act.
About Schedule
1
Under CEPA 1999, a substance is considered to pose unacceptable risks
if it:
- has or may have an immediate or a long term harmful effect on the
environment, or
- poses or may pose a danger to the environment on which life depends,
or
- is or may be a danger in Canada to human life or health.
Substances that meet any of these criteria may be added to Schedule
1 of the Act; if a substance is added to Schedule 1, CEPA 1999 requires
specific action for managing the risks within strict timelines.
Tools available under CEPA 1999 for managing risks associated with
substances range from guidelines or codes of practice through to requiring
the preparation and implementation of pollution prevention plans, environmental
emergency plans and regulations, including economic instruments. Public
consultation is an important part of the process
- Disposal at sea and protection of the marine environment
CEPA 1999 prohibits the disposal of any material at sea without
a permit issued under the Act. Reflecting Canada's international obligations
to control the disposal of wastes at sea, CEPA 1999 allows permits for
only a few classes of substances. CEPA 1999 also allows for the development
of objectives, guidelines and codes of practice for protecting the marine
environment from land-based sources of marine pollution, such as run
off of harmful substances from an industrial site.
- Fuels and engine emissions
CEPA 1999 provides for an integrated approach to reducing harmful
emissions from on-road and off-road vehicles and equipment. Risks are
reduced by controlling the quality of fuels used in Canada and by controlling
emission performance standards of vehicles and equipment sold in or
imported into Canada. In fact, as emissions controls for cars become
stronger, the focus has shifted to reducing emissions from other transportation
modes, including off-road vehicles and small marine engines, as well
as various types of hand-held equipment.
Motor Vehicles
and Smog
Transportation is the largest source of smog in Canada. CEPA 1999 enables
effective management of smog-causing pollutants from vehicles that have
a major negative impact on both the environment and human health.
- Hazardous waste
Each year, about six million tonnes of hazardous waste are
produced in Canada — including industrial, manufacturing and processing
waste, as well as such common household waste as old car batteries and
oil-based paints. Moreover, Canada imports and exports many tonnes of
hazardous waste each year, with most of it destined for recycling.
An important role of CEPA 1999 is establishing the conditions and procedures
for transboundary movement of hazardous wastes — including the
use of permits and notification of transfers. This management role protects
the environment and human health in Canada, as well as fulfilling Canada's
obligations under international agreements.
Hazardous Waste
Until ways can be found to avoid creating hazardous waste, it must
be managed in a way that minimizes risks to the environment and human
health.
- Canadian sources of international air and water pollution
Substances released from Canadian sources that pollute air
or water beyond our borders — even those that are not listed in
Schedule 1 (see sidebar on page 2) can be addressed under CEPA 1999.
If the government of the province or territory in which the source of
the pollutant is located is not willing or able to act, the federal
government may step in to take action to reduce or prevent the pollution.
- Environmental emergencies
Uncontrolled, unplanned or accidental releases of substances
that could reasonably be expected to harm the environment or human health
are deemed to be environmental emergencies. Where no other federal or
provincial regulations exist that adequately address various aspects
of environmental emergencies, CEPA 1999 can be used to fill these gaps.
The government can make regulations or take other measures to prevent,
prepare for, respond to and recover from environmental emergencies.
To reduce the risks associated with emergencies, the preparation of
environmental emergency plans are required for many substances.
- Environmental protection on federal and Aboriginal lands
Under Canada's Constitution, provincial environmental laws
do not generally apply to activities of the federal Crown, nor do they
apply on federal and Aboriginal lands. CEPA 1999 provides the authority
to develop regulations and other measures to manage many, but not all,
of the environmental risks on federal and Aboriginal lands or from federal
operations.
CEPA 1999 includes many ingredients for successful and sound protection
of the environment and human health — including tools for assessing
and managing risks.
For further information:
Environment Canada's Inquiry Centre
70 Crémazie Street
Gatineau, Quebec
K1A 0H3
Telephone:
(819) 997-2800
Toll free:
1 800 668-6767
Fax:
(819) 994-1412
E-mail:
enviroinfo@ec.gc.ca
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