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ARCHIVED - Administrative Agreement Between the Government of Quebec and the Government of Canada Regarding the Implementation in Quebec of the Federal Regulations Pertaining to the Pulp and Paper Sector

Administrative Agreement

Between

THE GOVERNMENT OF QUEBEC,
represented by the "ministre du Développement durable, de l'Environnement et des Parcs" and the "ministre responsable des Affaires intergouvernementales canadiennes des Affaires autochtones, de la Francophonie canadienne, de la Réforme des institutions démocratiques et de l'Accès à l'information et leader parlementaire adjoint du gouvernement", here in after referred to as "Quebec", for the first part,

And

THE GOVERNMENT OF CANADA, represented by the Minister of the Environment and the Minister of Fisheries and Oceans, hereinafter referred to as "Canada", for the second part.

WHEREAS Quebec and Canada recognize the need and priority to ensure the cleanup of effluents from the pulp and paper sector in order to better protect the environment, in particular, by reducing the effects of effluents on the aquatic environment including fish and its habitat, as well as to protect human health against deleterious substances;

WHEREAS Quebec and Canada have each enacted regulations to reduce the release of toxic and deleterious substances resulting from the operations of the pulp and paper sector;

WHEREAS Quebec and Canada regulations contain comparable provisions;

WHEREAS the Governments of Quebec and of Canada signed an agreement entitled "Agreement between the Governments of Quebec and Canada Regarding the Implementation in Quebec of Federal Regulations Pertaining to the Pulp and Paper Sector", and this Agreement expired on March 31, 2005;

WHEREAS Quebec and Canada recognize the benefit of adopting a cooperative approach to reduce administrative duplication resulting from comparable regulatory provisions and that there is a need to specify the procedures of this approach in an agreement;

WHEREAS Quebec is better positioned to collect information from pulp and paper sector operators as well as to monitor the quality of such information, particularly because of the geographical locations of its regional offices;

WHEREAS subsection 1 of section 12 of An Act respecting the Ministère de l'environnement (R.S.Q., c. M-15.2.1) provides that, in accordance with the Act, the ministre may enter into an agreement with a government, other than the Government of Quebec, a department of such a government, an international organization, or agency of such a government or organization;

WHEREAS this Agreement constitutes an intergovernmental agreement as defined in section 3.6.2 of An Act respecting  the Ministère du Conseil exécutif (R.S.Q., c. M-30);

WHEREAS pursuant to section 3.8 of An Act respecting the Ministère du Conseil exécutif, intergovernmental agreements within Canada must be approved by the Government of Quebec and signed by the "ministre responsable des Affaires intergouvernementales canadiennes, des Affaires autochtones, de la Francophonie canadienne, de la Réforme des institutions démocratiques et de l'Accès à l'information" in order to be valid;

WHEREAS the Minister of Fisheries and Oceans of Canada may, with the approval of the Governor in Council and pursuant to Section 5 of the Department of Fisheries and Oceans Act (R.S.C, c. F-15), enter into agreements with the Government of Quebec respecting the carrying out of programs for which the Minister is responsible;

WHEREAS the Minister of the Environment may, with the approval of the Governor in Council and pursuant to section 9 of the Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33), enter into agreements with the Government of Quebec with respect to the administration of this Act;

WHEREAS by order of the Governor in Council P.C. 2008-409 dated February 28, 2008, the Minister of the Environment and the Minister of Fisheries and Oceans are authorized to sign this Agreement for the Government of Canada; and

WHEREAS the Government of Quebec, pursuant to order 758-2005, has approved the terms of this Agreement.

IN WITNESS WHEREOF, QUEBEC AND CANADA AGREE TO THE FOLLOWING:

1.    Definition

For the purposes of this Agreement, the term "pulp and paper sector" includes pulp and paper mills and plants as well as off-site treatment facilities.

2.    Relevant Regulations

This Agreement pertains to the following regulations of Quebec and Canada:

For Canada

  • The Pulp and Paper Effluent Regulations, SOR/92-269 and its subsequent amendments, enacted under the Fisheries Act, R.S.C. 1985, c. F-14 and its subsequent amendments;
  • The Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations, SOR/92-267 and its subsequent amendments, enacted under the Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33 and its subsequent amendments;
  • The Pulp and Paper Mill Defoamer and Wood Chip Regulations, SOR/92-268 and its subsequent amendments, enacted under the Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33 and its subsequent amendments.

For Quebec

  • The Regulation respecting pulp and paper mills, enacted by decree 1353-92 of September 16, 1992, published in Part 2 of the Gazette officielle du Québec of October 7, 1992, on page 6035 and its subsequent amendments;
  • The Regulation respecting industrial depollution attestations, enacted by decree 601-93 of April 28, 1993, published in Part 2 of the Gazette officielle du Québec of May 12, 1993, on page 3377 which is applicable, as of May 26, 1993, pursuant to decree 602-93, to industrial establishments that produce pulp for the purposes of sale or a paper product as defined by Section 1 of the Regulation respecting pulp and paper mills, enacted by the Environment Quality Act (R.S.Q, c. Q-2).

3.    Purpose and Objectives of the Agreement

3.1    Purpose

The purpose of this Agreement is to define the procedures for cooperation between Quebec and Canada regarding the implementation in Quebec of the federal regulations pertaining to the pulp and paper sector.

3.2    ADMINISTRATIVE OBJECTIVES

In order to maximize the effectiveness and efficiency of the government administrations involved by ensuring the best possible use of resources and minimizing the ensuing administrative responsibilities, the parties agree on the following administrative objectives:

  1. reduce the administrative duplication resulting from comparable regulatory provisions;
  2. improve the protection of the environment by optimizing the resources required to verify compliance with the regulations of Canada and of Quebec governing the pulp and paper sector;
  3. ensure the collection, processing, and quality control of information gathered by Quebec and exchanged between Quebec and Canada;
  4. recognize Quebec as principal interlocutor, for the receipt of information to be exchanged pursuant to this Agreement, without restricting Quebec and Canada from their respective obligations to administer their acts and regulations;
  5. recognize Quebec as the main contact with the pulp and paper sector in Quebec, without restricting Quebec and Canada from their respective obligations to administer their acts and regulations;
  6. specify the procedures for the exchange of information collected by Quebec, and required by Canada and Quebec, to verify compliance with their respective regulations and to fulfill their respective parliamentary responsibilities; and
  7. ensure that the exchange of information will occur within reasonable time frames as established by the Management Committee.

4.    Responsibility of the Government of Quebec

Quebec undertakes to carry out the following tasks in accordance with the procedures established by the Management Committee (article 8) set out in Appendices 2 and 3:

  1. as principal interlocutor for the receipt of information, collect and transfer to Canada the data in Appendix 1 that are provided by the pulp and paper sector pursuant to the federal and Quebec regulations;
  2. prepare and provide to Canada the information set out in the follow-up procedures and listed under Appendix 2;
  3. carry out the annual deposits control program of pulp and paper mills of Quebec, namely, the characterization of the components of the effluent of five mills and measurement of the toxicity of effluent from twenty mills, prepare reports and present them to Canada;
  4. carry out a systematic inspection program for the pulp and paper sector in accordance with the Quebec regulations providing for at least one annual inspection per mill.

5.    Responsibility of the Government of Canada

Canada undertakes the following:

5.1 prepare and provide to Quebec information set out in the follow-up procedures and listed under Appendix 2;

5.2 as of April 1, 2005, provide Quebec with an amount of $225 000 annually for the duration of the Agreement to compensate for part of the expenses in carrying out the tasks outlined in Appendix 3.

6.    Data Management

The parties agree to the following:

6.1 the Management Committee will assess the possibility of updating or replacing the current "Indmon Mef" system of management  and electronic transmission of data. If the system is updated or replaced, the Committee will predetermine a time frame, a means of financing, intellectual property rights, and the user rights for such a system.

6.2 in the interim, Quebec will ensure the maintenance of the present system and make the required improvements, in particular those related to amendments which may be made to the federal and Quebec regulations.

7.    Acces to Information

Data collected pursuant to this Agreement are subject to the provisions of An Act respecting access to documents held by public bodies and the protection of personal information(R.S.Q., c. A-2.1), the Environment Quality Act (R.S.Q., c. Q-2,), as well as the Access to Information Act (R.S.C. 1985, c. A-1), the Privacy Act (R.S.C. 1985, c. P-21), the Canadian Environmental Protection Act, 1999, (S.C. 1999, c. 33) and their subsequent amendments.

8.    Management Committee

The parties entrust the management of this Agreement to a bipartite committee. The Committee is made up of six representatives of the signing parties, three of whom are appointed by Quebec and three by Canada. The Committee is jointly chaired by a representative of the federal government and a representative of the Quebec government appointed by the respective ministers of the environment. The Quebec government is responsible for the Secretariat of the Committee.

8.1    Operation of the Management Committee

  1. The Management Committee shall meet at least twice yearly upon the written request of one of the parties, at a place and time mutually agreed to by the co-chairs.
  2. A member of the Management Committee may another person to replace him or her at Management Committee meetings and make decisions on his or her behalf.
  3. All Management Committee decisions require a consensus among its members. Where the Management Committee cannot reach a consensus, the outstanding issue shall be submitted to the Quebec Deputy Minister of the Environment and to the Regional Director General of the Quebec Region of the Department of the Environment, Canada.
  4. The Management Committee shall cease its activities no later than six (6) months after the expiry date of the Agreement.

8.2    Roles and Responsibilities

The Management Committee:

  1. shall ensure the implementation of this Agreement and the compliance with its objectives and terms and conditions;
  2. shall develop and modify, as required, procedures and mechanisms required for the effective management of this Agreement;
  3. shall ensure the free and complete flow of information regarding this Agreement between Quebec and Canada;
  4. shall prepare and present yearly to the Minister of the Environment of Canada, the Minister of Fisheries and Oceans, and the Quebec "ministre du Développement durable, de l'Environnement et des Parcs", at the latest three (3) months after the end of the year, a report on the progress of activities and tasks set out in this Agreement and the funds allocated to those activities and tasks;
  5. shall suggest to the Minister of the Environment of Canada, the Minister of Fisheries and Oceans, and the Quebec "ministre du Développement durable, de l'Environnement et des Parcs" changes to this Agreement in accordance with the terms set out in Article 10;
  6. shall suggest to the Minister of the Environment of Canada, the Minister of Fisheries and Oceans, and the Quebec "ministre du Développement durable, de l'Environnement et des Parcs" amendments to the current regulations;
  7. shall ensure that the parties consult one another in matters of public communications and requests for information from the media concerning the Agreement;
  8. shall establish procedures to allow the parties to share with one another information on enforcement action taken and to be taken under their respective regulations;
  9. shall analyze reports on verification of compliance by the pulp and paper sector as well as the actions taken by Quebec and Canada;
  10. shall provide a new draft agreement to the Minister of the Environment of Canada, the Minister of Fisheries and Oceans, and the Quebec "ministre du Développement durable, de l'Environnement et des Parcs", six (6) months before the expiry of this Agreement;
  11. shall ensure the procedures for the acquisition and management of the equipment provided to Quebec under subsection 5.2;
  12. shall set up specific projects to facilitate the implementation of this Agreement; and
  13. shall prepare an evaluation report on the Agreement and its management that shall be tabled before September 30, 2006.

9.    Interpretation

Nothing in this Agreement shall be construed as:

  1. having an impact on the distribution of powers between the two parties;
  2. restricting in any way the respective obligations of Quebec and Canada to enforce their laws and regulations; and
  3. modifying the application of any act or regulation in effect in Quebec.

10.    Amendments

This Agreement may be amended by mutual written consent of the signatories.

11.    Duration of the Agreement

11.1 Subject to subsection 11.2, this Agreement is in force effective as of April 1, 2005, and ending on March 31, 2007.

11.2 Quebec or Canada may terminate this Agreement at any time subject to a minimum of three (3) months written notice.

IN WITNESS WHEREOF this Agreement is signed on  _______________ 2008, for Canada by the Minister of the Environment and the Minister of Fisheries and Oceans, and for Quebec, by the "ministre du Développement durable, de l'Environnement et des Parcs" and the "ministre responsable des Affaires intergouvernementales canadiennes, des Affaires autochtones, de la Francophonie canadienne, de la Réforme des institutions démocratiques et de l'Accès à l'information et leader parlementaire adjoint du gouvernement".

GOVERNMENT OF CANADA

Loyola Hearn




Minister of Fisheries and Oceans




John Baird



Minister of the Environment





GOVERNMENT OF QUEBEC

Line Beauchamp




Ministre du Développement durable, de l'Environnement et des Parcs



Benoît Pelletier



Ministre responsable des Affaires intergouvernementales canadiennes des Affaires autochtones, de la Francophonie canadienne, de la Réforme des institutions démocratiques et de l'Accès à l'information et leader parlementaire adjoint du gouvernement



 

 


Appendix 1 - Data to be Provided to Canada

  • Under the Pulp and Paper Effluent Regulations:
    • Ownership information for mills and off-site treatment facilities;
    • Daily flow of each effluent outfall (m³/d);
    • Daily concentration of suspended solids of each effluent outfall (mg/L);
    • Daily concentration in BOD5 matter of each effluent (mg/L);
    • Daily monthly average of the deposits of suspended solids (kg/d);
    • Daily monthly average of the deposits of BOD5 matter (kg/d);
    • Total monthly release of suspended solids (kg);
    • Total monthly release of BOD5  matter (kg);
    • Daily production data (tons/d);
    • Monitoring reports of the monthly tests and of accelerated frequency tests to determine the acute lethality of each effluent outfall on rainbow trout;
    • Monitoring reports of the weekly tests to determine the acute lethality of each effluent outfall on Daphnia magna;
    • Reference production rate (RPR);
  • Reports required under the Pulp and Paper Mill Defoamer and Wood Chip Regulations;
  • Analysis results of chlorinated dioxins and furans and reference method information required under the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations

Appendix 2 - Follow-Up Procedures

  1. Follow-Up on Reports
    1. Reference Production Rate (RPR)
    2. Monthly And Annual Reports on Mill Effluents and Off-site Treatment Facilities (OSTF)
    3. Reports on "Dioxins and Furans"
    4. Reports on "Defoamers"
    5. Ownership and Effluent Outfalls Information
  2. Follow-Up on Regulatory Compliance of Mills and Off-site Treatment Facilities (OSTF)
    1. Monthly Reports
    2. Quarterly Reports
    3. Annual Reports
  3. Annual Deposits Control Program of Mills
    1. Annual Plan for the Control Program
    2. Toxicity Assessments
    3. Assessment of Self-Monitoring Data
  4. Legal Actions

Appendix 3 - Tasks to be Completed by Quebec for the Purposes of this Agreement

  • Collect information set out in Appendix 1
  • Prepare quarterly reports and the annual report using information from the follow-up of regulatory compliance stated in Appendix 2
  • Carry out the annual deposits control program of mills
    • Compile results and prepare reports:
      • Effluent - 5 mills
      • Toxicity - 20 mills
  • Transmit the above-mentioned information to Canada
  • Maintain Indmon Mef electronic data management system and assess needs for updating the system
  • Provide secretariat to the Management Committee on Pulp and Paper Agreement (MCPPA)
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