ARCHIVED - Draft: Interim Implementation Guideline for Canadian Environmental Protection Act, 1999 - Part 8, Environmental Matters Related to Emergencies - Section 199, Authorities for Requiring Environmental Emergency Plans

Prevention of damage to the environment is key to the goal of the Canadian Environmental Protection Act, 1999 (CEPA) of achieving "the highest level of environmental quality for all Canadians", as stated in the Act's preamble. In addition, the administrative duty imposed in subsection 2(a.1) requires the Government of Canada to "take preventive and remedial measures to protect, enhance and restore the environment".

Part 8 of the CEPA on environmental emergencies sections 193 to 205, is new and provides the Minister of the Environment with various powers to reduce gaps in or between federal and provincial¹ legislation for the prevention of, preparedness for, response to or recovery from environmental emergencies. Part 8 also provides other authorities and obligations for the Minister.

Section 199 represents one of the important components of this comprehensive emergencies management framework. It authorizes the Minister to require the preparation and implementation of environmental emergency plans for substances on Schedule 1, the List of Toxic Substances (CEPA toxic substances), for substances the ministers of the Environment and Health have recommended the Governor in Council add to Schedule 1 and for substances the Governor in Council, on the recommendation of the Ministers, have made an order adding the substance to Schedule 1. The requirement for environmental emergency plans will be determined using a risk assessment framework approach. The success of environmental emergency planning will be assessed against an environmental objective, which will be stated in the notice in the Canada Gazette. These guidelines describe how Environment Canada intends to administer section 199. If information being submitted is considered confidential, refer to Section 313 of the CEPA.

The CEPA contains other sections relating to environmental emergencies. Part 9 (Government Operations and Federal and Aboriginal Land) authorizes the Governor in Council, on the recommendation of the Minister, to make regulations respecting environmental emergencies in relation to government operations and federal and aboriginal land. Part 10 (Enforcement) authorizes the court to order anyone convicted of an offence under the CEPA to prepare and implement an environmental emergency plan. Various provisions in Part 8 authorize the Minister to take other measures related to prevention, preparedness, response or recovery. This draft guideline only addresses section 199 - Authorities for Requiring Environmental Emergency Plans.

This document is not meant to be the definitive interpretation of the CEPA or of any regulation made under the Act. Provisions of the CEPA have been reproduced for convenience of reference only and have no official sanction.

¹ For the purposes of this document, the term provincial legislation shall refer to provincial, territorial and aboriginal legislation.