ARCHIVED - Scoping The Issues: Preparation for the Parliamentary Review of the Canadian Environmental Protection Act, 1999

Section 1: Introduction

The Canadian Environmental Protection Act, 1999 (CEPA 1999) came into force on March 31, 2000 following an extensive Parliamentary review of the "original" 1988 CEPA. Its full title states that it is "An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development."

The Ministers of the Environment and Health jointly administer the provisions of CEPA 1999 regarding new and existing substances (including products of biotechnology). The Minister of Health administers research and guideline development related to human health. The Minister of the Environment administers all other aspects of the Act. (Note that in this paper the term "Ministers" refers to the Ministers of the Environment and Health and the term "Minister" refers to the Minister of the Environment.)

CEPA 1999 stipulates that a Parliamentary Committee must review the Act every five years after it comes into force. The Parliamentary Committee will conduct a review of the Act beginning sometime after March 31, 2005. The Committee will have up to one year to complete the review from the time it is initiated (but may be granted an extension, if needed). Their advice will be provided to Parliament. The government will then have 150 days to respond. The government may then decide whether and how to revise the Act.

This paper is intended to:

• provide background information to assist Canadians in developing and sharing their views on the issues that should be addressed during the Parliamentary Review of CEPA 1999; and,
• solicit feedback from Canadians on the issues about CEPA 1999 that Environment Canada and Health Canada have identified for consideration in preparing for the Parliamentary Review.

The website and section 8 of this paper include information on how to comment on this document. The paper will also be a background document for regional public workshops to be held early in 2005. Details on the workshops will be posted on the CEPA Environmental Registry website.

In addition to this public engagement, an independent evaluation of the implementation of the Act is being conducted. This evaluation will be an important complement to the advice provided to the Parliamentary Committee in assessing the progress to date in implementing CEPA 1999. Among other things, the evaluation will determine whether:

• mandatory obligations are being met and progress is being made in realizing the Act's intended outcomes;
• issues and programs are being managed in an effective and cost-efficient manner;
• progress is being measured and reported, defensible priorities have been established, and performance measurement data and priority-setting are being used in decision-making; and
• appropriate staff and resources are in place.

The evaluation will not assess actual environmental or health outcomes, as the Act has not been in place long enough to have a measurable contribution on achieving environmental or health results.

This paper is structured around key themes related to the goal of a competitive economy anchored on a sustainable environment framework that has been described recently by the Minister of Environment. As such, it does not provide a comprehensive overview of CEPA 1999. The "plain language" Guide to CEPA 1999 and the CEPA Environmental Registry provide detailed information on the Act, including virtually every aspect of the Act discussed in this paper. The annual reports to Parliament on the administration and enforcement of the Act provide extensive information on activities and progress to date on every aspect of CEPA 1999.