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Formative Evaluation of CEPA 1999

Appendix I - Summary of CEPA 1999 Ministerial Obligations

xxxiii

Parts of CEPA 1999Ministerial/Departmental Obligations (CEPA 1999 section)
1. Administration
  1. Establish a National Advisory Committee - 6(1)
  2. Make committee reports publicly available - 8
  3. Publish draft agreements with Aboriginal people - 9(2)
  4. Give notice on how comments on draft were addressed - 9(4)
  5. Publish final agreements with Aboriginal people - 9(6)
  6. Report annually on administration under agreements with Aboriginal people - 9(8)
  7. Publish draft equivalency agreements - 10(4)
  8. Give notice on how comments on draft agreements were addressed - 10(6)
  9. Publish final agreements on equivalency - 10(7)
  10. Report annually on administration under equivalency agreements - 10(10)
2. Public participation
  1. Establish an Environmental Registry - 12
  2. Place notices and other documents made publicly available by the Minister on the Environmental Registry - 13(1)
  3. Acknowledge receipt of application for investigation of offence within 20 days - 18
  4. Report on progress of the investigation and action every 90 days - 19
  5. Prepare a report when investigation is discontinued - 21(2)
  6. Give notice of any environmental protection action - 26(1) and other matters -26(2)(b)
3. Information gathering, objectives, guidelines and codes of practice
  1. Establish, operate and maintain a system for monitoring environmental quality (mandatory attributes specified) - 44(1)(a)
  2. Conduct research and studies relating to environmental contamination arising from disturbances of ecosystems by human activity - 44(1)(c)
  3. Create an inventory of and publish on a periodic basis data on environmental quality - 44(1)(d)
  4. Establish, operate and publicize demonstration projects and make them available for demonstration - 44(1)(e)
  5. Publish and distribute information respecting pollution prevention and environmental quality, and a periodic report on the state of the Canadian environment - 44(1)(f)
  6. Conduct research relating to hormone-disrupting substances - 44(4)
  7. Issue guidelines with respect to the use of information-gathering powers - 47(1)
  8. Consult with provinces / Aboriginal governments in developing said guidelines - 47(2)
  9. Establish (and publish) a national inventory of releases - 48; 50
  10. Issue (and publish) environmental quality objectives and guidelines, release guidelines and codes of practice - 54(1); 54(4)
  11. Offer to consult with provinces / Aboriginal governments on above - 54(3)
4. Pollution prevention
  1. Publish notice when authorizing extension for pollution prevention planning - 56(4)
  2. Develop guidelines relating to pollution prevention planning - 62(1)
  3. Offer to consult with provinces / Aboriginal governments on above - 62(2)
5. Controlling toxic substances
  1. Compile the Virtual Elimination List and establish levels of quantification - 65(2)
  2. Establish release limits for substances on Virtual Elimination List - 65(3)
  3. Maintain a Domestic Substances List (DSL) - 66(1)
  4. Maintain a Non-Domestic Substances List - 66(2) and amend - 66(3)(4)
  5. Publish the above lists - 66(5)
  6. Offer to consult with provinces / Aboriginal governments on any Part 5 guidelines/interpretations - 69(2)
  7. Publish any Part 5 guidelines/interpretations - 69(3)
  8. Categorize all substances on the DSL by September 2006 - 73(1)
  9. Conduct screening assessments, as dictated by categorization exercise - 74
  10. Cooperate and develop procedures with other jurisdictions to exchange information - 75(2)
  11. Review prohibitions/restrictions by other jurisdictions - 75(3)
  12. Compile and publish a Priority Substances List (PSL) - 76(1); 76(6)
  13. Offer to consult with provinces / Aboriginal governments on PSL - 76(2)
  14. Respond to requests for additions to PSL within 90 days - 76(4)
  15. Apply a weight of evidence approach and the precautionary principle during screening assessments, when reviewing decisions of other jurisdictions and when assessing PSL substances - 76.1
  16. For substances declared toxic or capable of becoming toxic, the Minister must publish the "measure" the Minister proposes to take and a summary of the scientific considerations - 77(1)
  17. Recommend addition to List of Toxic Substances where criteria in 77(3) are met - 77(3)
  18. Propose implementation of virtual elimination for substances recommended for the List of Toxic Substances, if criteria in 77(4) are met - 77(4)
  19. Publish summary of screening assessment and proposed measure and make assessment publicly available - 77(6)
  20. Publish summary of review of decisions taken in other jurisdictions and proposed measure and make review publicly available - 77(6)
  21. Publish summary of PSL risk assessment and proposed measure and make assessment publicly available - 77(6)
  22. If a substance is recommended for addition to the List of Toxic Substances, the Minister must also publish a statement indicating the manner in which the Minister intends to develop a proposed regulation or instrument - 77(6c)
  23. Make a recommendation for an order to add the substance to the List of Toxic Substances - 77(9)
  24. Publish notice when determining that new or additional information is required to assess whether a substance specified on the PSL is capable of becoming toxic - 78 (2)
  25. Require designated parties to prepare plans for substances on the Virtual Elimination List - 79(1)
  26. Publish name of anyone granted a waiver with respect to new substances - 81(9)
  27. Assess information provided with respect to new substances within specified time frames - 83(1)
  28. Assess information compulsorily gathered - 83(2) and give notification of extensions and termination 83 (5) and 83 (6)
  29. Publish notice of any conditions/prohibitions concerning new substances - 84(5)
  30. Add new substances to DSL if conditions in 87(1) and / or 87 (5) met
  31. Give priority to pollution prevention actions for those substances on the List of Toxic Substances - 90(1.1)
  32. Develop a proposed regulation or instrument within two years of recommendation for adding a substance to the List of Toxic Substances - 91(1)
  33. Specify dates on which preventative or control actions for implementation of virtual elimination are to take place -91 (2), take into account information on analytical methods and information provided in plans for determining level of quantification - 91(3), and take into account other relevant factors and information - 91(5)
  34. Publish summary of any additional measures Minister intends with respect to virtual elimination - 91(4)
  35. Finalize and publish regulation or control instrument within another 18 months - 92(1)
  36. Provide the committee with the opportunity to advise the Ministers before a regulation is made - 93 (3)
  37. Publish names of exporters and country of destination for persons exporting substances specified on the Schedule 3 Export Control List.
6. Animate products of biotechnology
  1. Add any substance to the DSL if it meets the criteria in 105(1) - 105(1)
  2. Publish the DSL and any amendments - 105(3) 105(2)
  3. Publish the name of any person granted a waiver with respect to animate products of biotechnology - 106(9)
  4. Assess information provided under 106(1), (3) or (4) and 107(1) within specified time - 108(1); 108(2)
  5. Publish conditions - 108 (5) and prohibitions - 109 (5) on the manufacture or import of a living organism
  6. Add a living organism to the DSL and amend the list if criteria in 112(1), 112(2) or 112(4) are met
7. Controlling pollution and managing wastes
  1. Offer to consult with provinces and Aboriginal governments on any release guidelines, codes of practice or environmental objectives to prevent and reduce marine pollution from land-based sources - 121(2)
  2. Comply with Schedule 6 before issuing permits for disposal at sea - 127(3)
  3. Consult with foreign states likely to be affected (and the International Maritime Organization by disposal or incineration - 128(5)(a)
  4. Endeavour to follow recommendations of International Maritime Organization - 128(5)(b)
  5. Inform the International Maritime Organization of any action under 128 - 128(6)
  6. Permits shall specify condition - 129(1)
  7. Permits shall have an expiry date - 129(2)
  8. Monitor selected sites used for disposal/incineration at sea - 132
  9. Publish issued permits as soon as possible after issuance or within 30 days before first authorized date - 133(1)
  10. Offer to consult with provinces and Aboriginal governments on any regulations distinguishing among fuels - 140(4)
  11. Upon receiving notice of vehicle/engine defect (157(1)), the Minister shall forward full particulars to each government - 157(6)
  12. May not detain vehicle engine equipment for more than 30 days after completion of tests unless proceedings are initiated - 159(3)
  13. Act on international air pollution in accordance with 166(2) and 166(3) only if conditions in 166(1) are met.
  14. Consult with responsible governments and offer them an opportunity to control or correct international air pollution from non-federal sources - 166(2)
  15. If conditions found in ss. 166(1) or (2) are met, then must either recommend regulations to Governor in Council regarding the international air pollution, or publish a notice for a pollution prevention plan under s. 56(1) – 166(3)
  16. When recommending regulations, take into account comments and notices of objection - 166(5)
  17. Advise foreign governments affected by or benefiting from regulations, prior to publication - 168(1)
  18. Advise foreign governments of any notices of objection - 168(3)
  19. Publish a report summarizing how written comments were addressed - 168(3)
  20. Where requesting a plan with respect to international air pollution, try to obtain samples of information from government for the area in which the person is situated - 172(2)
  21. Take measures to comply with 166 within 90 days of approval from Governor in CounciI - 173(5)
  22. Report annually on international air pollution administration - 174
  23. Act on international water pollution in accordance with 176(2) and 176(3) only if conditions in 176(1) are met.
  24. Consult with responsible governments and offer them an opportunity to control or correct international water pollution from non-federal sources - 176(2)
  25. If conditions found in ss. 176(1) or (2) are met, then must either recommend regulations to Governor in Council regarding the international water pollution, or publish a notice for a pollution prevention plan under s. 56(1)– 176(3)
  26. When recommending international water regulations, take into account comments and notices of objection - 176(5)
  27. Advise foreign governments affected by or benefiting from regulations concerning international water pollution, prior to publication - 178(1)
  28. Advise foreign governments of any notices of objection - 178(3)
  29. Publish a report summarizing how written comments on proposed regulations were addressed - 178(3)
  30. Where requesting a plan with respect to international water pollution, try to obtain samples of information from government for the area in which the person is situated - 182(2)
  31. Take measures to comply with 176 within 90 days of approval from Governor in Council - 183(5)
  32. Report annually on administration of international water pollution - 184
  33. Consult with the government of the jurisdiction of destination before refusing to issue a permit to import - 185(3)
  34. Publish notification of proposed import, export or transit of hazardous waste - 187
  35. Publish any information received under 189 - 189(2)
  36. Publish any issued permits issued under this section for import, export or transit of hazardous waste – 190(4)
8. Environmental matters related to emergencies
  1. Consult with provinces and Aboriginal governments on guidelines and codes of practice respecting environmental emergencies -197(1)
  2. Publish any guidelines / codes of practice concerning environmental emergencies - 198
9. Government operations and federal and Aboriginal land
  1. Establish objectives, guidelines and codes of practice concerning government operations and federal and Aboriginal lands - 208(1)
  2. Offer to consult with provinces and Aboriginal governments on guidelines and codes of practice - 208(2)(a)
  3. Offer to consult with provinces and Aboriginal governments on draft regulations – 209(3)(a)
10. Enforcement
  1. Return any items seized as part of an enforcement investigation within 30 days of seizure, unless proceedings are instituted - 222(2)
  2. Issue environmental protection order in writing, including items set out in 235(6)(a) - 235(6)(h)
  3. Before issuing an environmental protection order, provide an oral or written notice and allow a reasonable opportunity for the person to make oral representations - 237(1)
  4. Order of intent to issue an order shall contain the information specified in 237(2)(a) - 237(2)(c)
  5. Establish and maintain a roster of review officers - 243
  6. Appoint one review officer to act as Chief Review Officer - 244(1)
  7. Publish the roster of review officers - 246
  8. Include in the Environmental Registry a copy of all agreements and reports referred to in 300(2) and 303(1) - 301
11. Miscellaneous matters
  1. Shall not disclose any information for which a request for confidentiality has been made – 314
  2. Minister shall give notice of a proposed disclosure under s. 315(1) – 315(2).
  3. Offer to consult with the provinces and Aboriginal governments on guidelines, programs and other measures for the use of economic instruments developed under s. 322 – 323(1)
  4. Publish any guidelines, programs or other measures concerning economic instruments – 324
  5. Consult with any persons or organizations considered to be interested in the matter before making a regulation concerning fees and charges pursuant to s. 328 – 329
  6. Publish all proposed orders and regulations – 332
  7. Establish a board of review when a person or government files a notice of objection concerning proposed regulations regarding international air quality or disposal at sea – 333(3)
  8. Establish a board of review when a person or government files a notice of objection to a proposed regulation under Part 9 or for controlling nutrients – 333(4)
  9. Establish a board of review when a person files a notice of objection with respect to a failure to make a determination as to whether a substance is toxic – 333(6)
  10. Make board of review reports publicly available as soon as possible after receipt – 340(2)
  11. Report to Parliament as soon as possible after the end of each fiscal year – 342
  12. Include in the annual report a report on research – 342(2)
  13. Refer administration of the Act to a standing committee of Parliament every five years – 343

xxxiii Ministerial obligations proceeded by conditional ("if... then...") statements have not been included here.

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