Canadian Environmental Protection Act: equivalency agreements

Section 10 of the Canadian Environmental Protection Act, 1999 (CEPA) authorizes the Minister of the Environment to enter into an equivalency agreement with a province, territory or aboriginal government if the minister and the government of the other jurisdiction agree, in writing, that there are in force under the laws applicable in that jurisdiction:

• provisions that are equivalent to a regulation made under CEPA
• provisions similar to sections 17 to 20 of CEPA allowing for citizens to request investigation of alleged offences

Where such an agreement has been entered into with another government, the Governor in Council may make an order declaring that the provisions of the CEPA regulations that are the subject of the equivalency agreement do not apply in the jurisdiction of that government.

The intent of equivalency agreements is to minimize the duplication of environmental regulations. The minister is responsible for reporting annually to Parliament on the administration of equivalency agreements.

Existing equivalency agreements under CEPA are listed below.

Alberta

• Agreement on the equivalency of federal and Alberta regulations respecting the release of methane from the oil and gas sector in Alberta, 2020

• An agreement on the equivalency of federal and Alberta regulations for the control of toxic substances in Alberta

  This agreement was signed on June 1, 1994 and came into effect on December 28, 1994. The following CEPA regulations no longer apply in Alberta:

  • Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations (all sections)
  • Pulp and Paper Mill Defoamer and Wood Chips Regulations (Sections 4(1), 6(2), 6(3)(b), 7 and 9)
  • Secondary Lead Smelter Release Regulations (all sections)
  • Vinyl Chloride Release Regulations, 1992 [Repealed] (all sections)

• Alberta equivalency order

British Columbia

• Agreement on the equivalency of federal and British Columbia regulations respecting the release of methane from the oil and gas sector in British Columbia, 2020

  This agreement was signed on February 26, 2020, and comes into force pending the publication of a final Order under Section 10(3) of CEPA. On that date, the following CEPA regulations no longer apply in British Columbia:

  • Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector)

Nova Scotia

• An agreement on the equivalency of federal and Nova Scotia regulations for the control of greenhouse gas emissions from the electricity producers in Nova Scotia (2015-2019)

• An agreement on the equivalency of federal and Nova Scotia regulations for the control of greenhouse gas emissions from the electricity producers in Nova Scotia, 2020

  • Quantitative analysis of equivalency determination consultation: carbon dioxide emissions from coal-fired generation

  This agreement was signed on November 14, 2019 and comes into force on January 1, 2020. On that date, the following CEPA regulations continue to no longer apply in Nova Scotia:

  • Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations

Saskatchewan

• Agreement on the equivalency of federal and Saskatchewan regulations respecting the release of methane from the oil and gas sector in Saskatchewan, 2020

• An agreement on the equivalency of federal and Saskatchewan regulations for the control of greenhouse gas emissions from the electricity producers in Saskatchewan

  This agreement was signed on May 3, 2019, and comes into force on January 1, 2020. On that date, pending the publication of a final Order-in-Council under Section 10(3) of CEPA, the following CEPA regulations no longer apply in Saskatchewan:

  • Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations