Canadian Environmental Protection Act, 1999

The Canadian Environmental Protection Act, 1999, provides the federal government with a wide range of powers to protect the environment and establishes a number of avenues which the public can use to participate in environmental decision making.   The Act:

·         Establishes public rights to information, notification and involvement.  In particular it:

·          Establishes a National Pollutant Release inventory where the public can find site specific information on the pollutants created by industrial facilities across Canada;

·         Creates an internet accessible registry that provides pubic notification for decisions under CEPA;

·         Gives Canadian residents the right to demand investigations into offences under CEPA, take CEPA offenders to court and require independent panels to review environmental decisions;

It also gives the federal government the powers to require environment related information from industry.  These environmental rights and powers are discussed in more detail under Citizen Rights and Powers under CEPA.

·         Creates a process for assessing and potentially regulating substances and biotechnology products that could harm the environment. One of the most important aspects of CEPA is the process for regulating “toxic” substances.  Under this part of CEPA, the federal government can regulate in order to avoid harm to the environment or human health by substances deemed toxic.  Toxic in the context of CEPA has a different meaning from toxic as it is usually used (i.e. poisonous).  Generally, Environment Canada only considers a substance “CEPA toxic” if it is entering the environment in amounts that have or may have an immediate or long-term harmful effect on the environment or human health.  Thus, poisonous or inherently toxic substances may not be “CEPA toxic” if they are not entering the environment in sufficient quantities to pose a threat, and non-poisonous substances may be CEPA toxic if they are causing environmental harm. A description of the process for categorizing and regulating toxic substances, and an overview of regulations for CEPA toxic substances, is described further in Regulation of Toxic Substances under CEPA.

·         Prohibits waste disposal at sea without a permit. CEPA establishes a permitting system for disposal of waste from ships, barges, platforms and aircraft onto the sea floor.  The permitting system includes strict criteria for what Environment Canada must consider in issuing a permit, and includes opportunities for the public to object to disposal at sea permits. See CEPA Permitting of Disposal at Sea for more detail.

·         Gives the federal government a wide variety of regulation making powers.  These include the power to regulate water-pollution-causing nutrients in cleaning products, vehicle emissions and international air or water pollution.  The Act also gives the federal government the power to pass environmental protection regulations applicable to the federal government, federal land, aboriginal land (including reserves or treaty settlement areas), and federally regulated industries such as airlines, communications companies, railways and banks.  See Miscellaneous Regulation Making Powers under CEPA.

·         Establishes a system of non-legally binding tools, intended to guide environmental regulation in Canada.  These include guidelines, codes of practice and standards.  See Non-Regulatory Tools under CEPA: Guidelines, Codes of Practice and Standards.

The Act is generally administered by the Minister of Environment; however, the Minister of Health shares decision making authority in relation to toxic substances regulation.  Also, the Act allows the negotiation of “equivalency agreements” that suspend toxic substance, environmental emergency or aboriginal land regulations in a province or aboriginal land area  where the province or aboriginal government has equivalent laws.

Related Guide pages:

·         CEPA Permitting of Disposal at Sea

·         Citizen Rights and Powers under CEPA.

·         Federal Lands

·         Miscellaneous Regulation Making Powers under CEPA.

·         Non-Regulatory Tools under CEPA: Guidelines, Codes of Practice and Standards.

·         Regulation of Toxic Substances under CEPA

For more information about the Canadian Environmental Protection Act, 1999:

·         A Guide to the new Canadian Environmental Protection Act, 1999

·         CEPA Registry

·         National Pollutant Release Inventory