Formative Evaluation of CEPA 1999

2.2 Part 2: Public Participation

Expected Outcomes

The evaluation identified two expected outcomes for Part 2:

1. Canadians have better access to information.
2. Canadians have the opportunity to initiate investigations of alleged offences, recover personal damage and economic loss, make personal claims and file citizens' suits.

Overview of the Act and Its Provisions^xiii

Part 2 of CEPA 1999 includes provisions that strengthen the Government of Canada's commitment to encourage and support public participation in environmental decision- making. The Act specifically addresses enhanced opportunities for public participation, including:

• information-sharing through the CEPA Environmental Registry;
• the right to request that the Minister investigate an alleged violation of the Act;
• new citizen right-to-sue provisions; and
• enhanced whistle-blower protection for those who bring serious environmental protection issues to the attention of the Minister.

CEPA 1999 also gives members of the public the opportunity to participate in many decisions taken on toxic substances, including:

• the right to request the addition of a substance to the Priority Substances List;
• the right to file a notice of objection and to request a Board of Review; and
• the right to provide comments on various initiatives.

Ministerial Obligations

The evaluation found that all relevant Ministerial obligations are being satisfied:

• Sections 12 and 13(1) - A CEPA Environmental Registry¹³ has been established. It contains notices and other documents made publicly available by the Minister.
• The public participation provisions have not yet been triggered, as no relevant public applications for investigation or public environmental protection actions have been received (One environmental protection action was initiated under a Section 22 request, but this was dismissed by the Minister).

Major Accomplishments

The CEPA Environmental Registry, first launched in 2000-01, is the main instrument used to inform the public about CEPA 1999. The Registry includes publications related to CEPA 1999, as well as information on public participation, the Act, regulations, notices, orders, permits, substance lists, monitoring and research, guidelines, codes of practices, agreements, plans, policies, enforcement and compliance. This Internet-based tool now has more than 9 million "hits" a year (Figure 1).

Figure 1 -CEPA Environmental Registry Hits^xiv

Environment Canada has conducted several hundred public consultations on CEPA-related issues since the Act came into force.

A portion of money from the Environmental Damages Fund has been made available to civil society groups to finance projects that in a general way mitigate some of the damage done by offenders. These funds address the general intent of Section 40 of the Act. Most of the sums, however, are small.

Issues and Challenges

Environment Canada faces only minor challenges with respect to providing information to Canadians through the CEPA Environmental Registry. As the content and structure of the Registry continue to evolve, system reliability and user friendliness will require continued attention. In addition, the fact that public information is available primarily via the Internet may be an issue for those who do not have access to the required technology.

Very few public applications for investigations or public environmental protection actions have been made. Barriers to increased public participation have not been formally examined.

Conclusions

The expected outcome of providing Canadians better access to information about CEPA 1999 is being achieved. Environment Canada produces a large number of CEPA-related documents, many of which are available on the CEPA Registry or on the Green Lane.¹⁴ These include information about changes in environmental stresses and conditions (Environmental Signals), risk assessments, risk management measures and tools and scientific research.

The expected outcome related to Canadians initiating investigations of alleged offences, recovery of personal damages and economic losses, making personal claims and filing citizens' suits is unlikely to be achieved without further actions by the Department. Work needs to be done to identify and address barriers before the opportunity provided through the public action provisions of the Act can be fully realized.

^xiii Source: Factsheet - Public Participation in the New CEPA

^xiv Source: CEPA Annual Report 2002-2003