View source for Canadian Environmental Protection Act, 1999

{{Short description|Canadian law}}
{{Italic title}}
{{Use mdy dates|date=September 2022}}
{{Infobox legislation
| short_title      = ''Canadian Environmental Protection Act, 1999''
| image            =
| imagesize        =
| imagelink        =
| imagealt         =
| caption          =
| long_title       = ''An Act Respecting Pollution Prevention and the Protection of the Environment and Human Health in Order to Contribute to Sustainable Development''
| citation         = S.C. 1999, c. 33
| enacted_by       = [[Parliament of Canada]]
| date_enacted     =
| date_assented    = September 14, 1999
| date_signed      =
| date_commenced   = March 31, 2000
| bill             =
| bill_citation    = [http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=2329929 Bill C-32]
| bill_date        =
| introduced_by    = [[Christine Stewart]], [[Minister of the Environment (Canada)|Minister of the Environment]]
| 1st_reading      = March 12, 1998
| 2nd_reading      = April 28, 1998
| 3rd_reading      = June 1, 1999
| 1st_reading2     = June 2, 1999
| 2nd_reading2     = June 8, 1999
| 3rd_reading2     = September 13, 1999
| white_paper      =
| committee_report =
| amendments       =
| repeals          = ''Canadian Environmental Protection Act'' (c. 16, R.S.C. 1985 (4th Supp.))
| related          =
| summary          = [http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?lang=F&ls=C32&Parl=36&Ses=1 Legislative summary]
| keywords         =
}}
The '''''Canadian Environmental Protection Act, 1999''''' ('''''CEPA, 1999'''''; {{langx|fr|Loi canadienne sur la protection de l'environnement (1999)}}) is an act of the [[36th Parliament of Canada]], whose goal is to contribute to sustainable development through pollution prevention and to protect the environment, human life and health from the risks associated with toxic substances. It covers a diversity of activities that can affect human health and the environment, and acts to address any pollution issues not covered by other federal laws. As such, the act is a "catch all" piece of legislation that ensures potentially toxic substances are not inadvertently exempt from federal oversight as a result of unforeseen legislative loopholes.
The act also recognizes the contribution of pollution prevention and the management and control of toxic substances and hazardous waste to reducing threats to Canada's ecosystems and biological diversity.
It acknowledges, for the first time, the need to virtually eliminate the most persistent toxic substances that remain in the environment for extended periods of time before breaking down and [[bioaccumulation|bioaccumulative]] toxic substances that accumulate within living organisms.
Two federal ministries, [[Health Canada]] and [[Environment and Climate Change Canada]] as they were known in 2022, work in partnership to assess potentially toxic substances and to develop regulations to control toxic substances.
Section 93 of the act provides the authority to the federal government to make regulations to restrict and manage the Canadian [[List of Toxic Substances]] (LOTS).<ref>{{Cite web|title = ''Canadian Environmental Protection Act, 1999'' (S.C. 1999, c. 33, s. 93)|url = http://laws-lois.justice.gc.ca/eng/acts/C-15.31/section-93.html}}</ref> Toxic substances have characteristics outlined in Section 64.<ref name=ectoxic/> Once a regulation is proposed, interested parties have 60 days to provide comments on the proposed instrument or may file a notice of objection requesting that a board of review be established.<ref name="ectoxic">{{cite news |title=What Does Toxic Mean under CEPA 1999? |url=https://www.ec.gc.ca/lcpe-cepa/DEF9EA38-699F-5C10-3447-20B9C6041B91/fi-fs01_eng.pdf |publisher=Environment Canada |date=April 2005}}</ref>
== History ==
The act was originally enacted in 1988 and was designed to provide a systematic approach to assess and manage chemical substances in the environment that were not addressed under existing programs.{{citation needed|date=July 2022}}
In 1990 with ''SOR/90-583: Ozone-depleting Substances Regulations No. 2 (certain [[bromofluorocarbons]])'' were added to the LOTS.<ref name="ilocan">{{cite news |title=Canada (96,462) |url=https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=20586&p_count=96462 |access-date=July 8, 2022 |publisher=International Labor Organization}}</ref>
In 1997 the [[Supreme Court of Canada]] adjudicated the case of ''[[R. v. Hydro-Québec]]'', by which an attempt was made to enforce the CEPA in the matter of [[poly-chlorinated biphenyls]] as a large quantity of said substances had been dumped into a stream by the respondent. Justices [[Gérard La Forest]], [[Claire L'Heureux-Dubé]], [[Charles Gonthier]], [[Peter Cory]] and [[Beverley McLachlin]] held that "the environment is not, as such, a subject matter of legislation under the [[Constitution Act, 1867]]. Rather, it is a diffuse subject that cuts across many different areas of constitutional responsibility, some federal, some provincial. If a provision relating to the environment in pith and substance falls within the parameters of any power assigned to the body that enacted the legislation, then it is constitutionally valid." The fines were upheld and the CEPA was deemed valid legislation under the criminal law power.<ref name="rvhq">{{cite news |title=''R. v. Hydro-Québec'' |url=https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1542/index.do |publisher=The Supreme Court of Canada |date=September 18, 1997}}</ref>
After being reviewed in the 1990s,{{citation needed|date=July 2022}} it was replaced by the current legislation that provides new powers for health and environmental protection. It was introduced by the [[26th Canadian Ministry]] as Bill C-32 on March 12, 1998, subsequently receiving [[royal assent]] on September 14, 1999. The act came into force on March 31, 2000.
As a Canadian statute, the act is unique for including a declaration of "primary purpose" in addition to a preamble.<ref>{{cite web |url=http://justice.gc.ca/eng/rp-pr/csj-sjc/harmonization/hfl-hlf/b6-f6/bf6c.html#ftnref46 |title=Clause 8 of Bill S-4: Amending the Interpretation Act |last=Molot |first=Henry L. |author2=Department of Justice Canada |authorlink2=Department of Justice Canada |accessdate=April 19, 2016 |quote=A perhaps extreme example of this is the recently enacted Canadian Environmental Protection Act, which contains a 'declaration' of 'primary purpose', a preamble setting forth a long list of general goals and duties, and a provision that details the general 'administrative duties' of the Government of Canada in the administration of the Act. }}</ref>
On April 23, 2021, the LOTS was amended by regulation to include '''plastic manufactured items''',<ref name="cgoats">{{cite news |title=Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999: SOR/2021-86 |url=https://canadagazette.gc.ca/rp-pr/p2/2021/2021-05-12/html/sor-dors86-eng.html |issue=Part II: Vol. 155 (2021) |work=[[Canada Gazette]] |date=May 12, 2021}}</ref> in advance of the June 20, 2022, regulation for the Canadian ban on single-use plastics (SUP),<ref name="timeap">{{cite news |title=Canada Sets Dates To Ban Some Single-Use Plastics |url=https://time.com/6189281/canada-bans-single-use-plastics/ |agency=Associated Press |magazine=[[Time (magazine)|Time]] |date=June 20, 2022 |access-date=July 8, 2022 |archive-date=July 20, 2022 |archive-url=https://web.archive.org/web/20220720065703/https://time.com/6189281/canada-bans-single-use-plastics/ |url-status=dead }}</ref><ref name="govsupp">{{cite news |title=Single-use Plastics Prohibition Regulations – Guidance for selecting alternatives |url=https://www.canada.ca/en/environment-climate-change/services/managing-reducing-waste/reduce-plastic-waste/single-use-plastic-guidance.html |publisher=Government of Canada |date=July 7, 2022}}</ref><ref name="eccc21">{{cite news |title=Government of Canada moving forward with banning harmful single-use plastics |url=https://www.canada.ca/en/environment-climate-change/news/2021/12/government-of-canada-moving-forward-with-banning-harmful-single-use-plastics0.html |publisher=Government of Canada |date=December 30, 2021}}</ref><ref name="ohhllp">{{cite news |title=Government of Canada bans many single-use plastics |url=https://www.osler.com/en/resources/regulations/2022/government-of-canada-bans-many-single-use-plastics |publisher=Osler, Hoskin & Harcourt LLP |date=June 22, 2022}}</ref><ref name="planban">{{cite news |title=Plan for the Ban: Canada Announces Timeline for Single-Use Plastics Prohibition |url=https://mcmillan.ca/insights/plan-for-the-ban-canada-announces-timeline-for-single-use-plastics-prohibition/ |publisher=McMillan LLP |date=June 22, 2022}}</ref> which was introduced by the [[Minister of Environment and Climate Change]] [[Steven Guilbeault]].<ref name="eccc21"/> The SUP ban included such items as straws, takeout containers, grocery bags, cutlery, stir sticks and plastic rings.<ref name="mrcbc">{{cite news |last1=Rabson |first1=Mia |title=Government will ban some single-use plastics over the next 18 months |url=https://www.cbc.ca/news/politics/plastics-ban-countdown-1.6494379 |agency=The Canadian Press |publisher=CBC |date=June 20, 2022}}</ref>
The act received [[Standing Committee on Environment and Sustainable Development|ENVI]] committee attention in 2021 because of [[Volkswagen emissions scandal#Canada|Volkswagen Dieselgate]].<ref name="enfcea">{{cite news |title=Enforcement of the Canadian Environmental Protection Act |url=https://www.ourcommons.ca/Committees/en/ENVI/StudyActivity?studyActivityId=11064077 |agency=House of Commons Canada |publisher=Parliament of Canada |date=June 18, 2021}}</ref>
As of July 2022, the act had received 13 amendments over its quarter-century existence.<ref name="cepacanlii">{{cite news |title=Canadian Environmental Protection Act, 1999, SC 1999, c 33 |url=https://canlii.ca/t/552zj |publisher=Canadian Legal Information Institute |date=May 1, 2021}}</ref>
== New and existing substances ==
=== Toxic substances ===
Toxic substances have characteristics outlined in Section 64 of the CEPA.<ref name=ectoxic/> Once a regulation is proposed, interested parties have 60 days to provide comments on the proposed instrument or may file a notice of objection requesting that a Board of Review be established.<ref name="ectoxic"/>
A useful case study for process of addition to the list is discovered by the travels of [[microplastic beads]]:<ref name="expo">{{cite news |title=Canada Moves to Classify Manufactured Plastics as Toxic Substance |url=https://www.exponent.com/knowledge/alerts/2021/07/canada-to-classify-manufactured-plastics-as-toxic/ |publisher=[[Exponent (consulting firm)|Exponent]] |date=July 14, 2021 }}</ref> The end of the public input process occurred on March 10, 2016;<ref name="tscp">{{cite news |title=Ottawa calls for public input on plastic microbead ban |url=https://www.thestar.com/news/canada/2016/02/09/ottawa-calls-for-public-input-on-plastic-microbead-ban.html |agency=Canadian Press |publisher=Toronto Star Newspapers Ltd |date=February 9, 2016}}</ref> they were added to the LOTS on June 29; on November 5 proposed regulations on their uses were put forth for public comment; on June 14, 2017, final regulations were published; and on July 1, 2018, the manufacture and import of all toiletries that contain plastic microbeads were prohibited.<ref name=expo/>
=== New substances ===
All new substances must be evaluated for human health and environmental risks before they can be manufactured or imported into Canada. Responsibility for these evaluations is shared between [[Environment Canada]] and [[Health Canada]] and is administered by the New Substances Program,<ref name=nsp>{{cite web|url = http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=AB189605-1|title = New Substances Program |date=April 29, 2022 |publisher=Government of Canada}}</ref> which administers regulations relating to the notification of new substances into the environment.<ref>{{cite web|url = http://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-247/index.html|title = ''New Substances Notification Regulations (Chemicals and Polymers)''}}</ref><ref>{{cite web|url = http://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-248/index.html|title = ''New Substances Notification Regulations (Organisms)''}}</ref>
=== Existing substances ===
Existing substances include all 23,000 substances that were in use in Canada prior to the establishment of the New Substances Notification Program, and they are all listed on the ''Domestic Substances List'' (DSL).<ref>{{cite web|url = http://www.ec.gc.ca/lcpe-cepa/default.asp?n=5F213FA8-1|title = ''Domestic Substances List''}}</ref> The act required systematic screening of these substances, a process that was completed in September 2006,<ref>{{cite web|url = http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=5F213FA8-1&wsdoc=1695F8D0-5CC4-EDA1-AF63-6F23A94064DD|title = Categorization of Existing Substances}}</ref> which led to the development of the Chemicals Management Plan.<ref>{{cite web|url = http://www.chemicalsubstanceschimiques.gc.ca/plan/index-eng.php|title = Chemicals Management Plan}}</ref>
=== Biotechnology ===
The 23,000 existing substances on the DSL included 67 microbial strains and 2 complex microbial cultures.<ref>{{cite web|title = List of Organisms on the ''Domestic Substances List'' (DSL)|url = http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=C4E09AE7-1}}</ref> These substances were subject to a separate prioritization assessment<ref>{{cite web|url = http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=19B91106-1|title = Prioritization of Micro-organisms on the Domestic Substances List prior to the Screening Assessment under paragraph 74(b) of CEPA 1999}}</ref> and accordingly evaluated.<ref>{{cite web|url = http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=120842D5-1|title = Framework for Science-Based Risk Assessment of Micro-Organisms Regulated under the ''Canadian Environmental Protection Act, 1999''}}</ref><ref>For example, see the [http://www.chemicalsubstanceschimiques.gc.ca/fact-fait/glance-bref/pseudomonas-eng.php review of ''Pseudomonas aeruginosa'' strains ATCC 31480, 700370 and 700371] that summarizes the outcome of the complete [http://www.ec.gc.ca/ese-ees/default.asp?lang=En&n=FC109F45-1 screening assessment], completed in August 2010.</ref>
Health Canada and Environment Canada share responsibility for conducting risk assessments of new biotechnology products (including micro-organisms) that are not subject to a pre-manufacture toxicity assessment under other federal legislation. Under the act, both naturally occurring and genetically modified organisms are evaluated under the ''New Substances Notification Regulations (Organisms)''.<ref>{{cite web|title = Guidance Documents|url = http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=66C60DFB-1}}</ref>
Risk assessment decisions are summarized and posted publicly.<ref>{{cite web|url = http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=8AD6A8C1-1|title = Risk Assessment Decisions}}</ref>
== Amendments ==
=== Bill S-5 ===
On May 30, 2023, the [[House of Commons of Canada|House of Commons]] passed Bill S-5, the first major update to CEPA since 1999. Viewed by the [[David Suzuki Foundation]] as "long overdue important progress",<ref name=":0">{{Cite web |title=MPs pass first major update to Canada’s most important environmental law in more than two decades |url=https://davidsuzuki.org/press/mps-pass-first-major-update-to-canadas-most-important-environmental-law-in-more-than-two-decades/ |access-date=2023-06-02 |website=David Suzuki Foundation |language=en-US}}</ref> Bill S-5 addresses some, but not all, of the 87 recommendations to strengthen CEPA made by a 2017 parliamentary review.
For the first time in Canadian history, the bill recognizes the right to a healthy environment.<ref>{{Cite web |last=Johnson |first=Jordan |date=2023-06-01 |title=Members of the Bundestag enshrine "the right to a healthy environment" |url=https://giftintime.ca/members-of-the-bundestag-enshrine-the-right-to-a-healthy-environment/ |access-date=2023-06-02 |website=GiftIntime.ca |language=en-US}}</ref> The bill additionally highlights [[fracking]] and [[Tailings|tailings ponds]] as particular areas of concern, granting the government more authority to request information on substances released from these processes. Moreover, Bill S-5 requires the offices of the [[Minister of Environment and Climate Change|Minister of Environment]] and the [[Minister of Health (Canada)|Minister of Health]] to compile a 'watch list' of substances which have either not been assessed yet, or are not in widespread use, but have the potential to be deemed 'toxic' and consequently subjected to potential regulation.<ref name=":0" />
Bill S-5 also adds various accountability mechanisms within CEPA that were previously lacking, such as the creation of a two-year windows in which a potential toxic chemical or substance must be assessed.<ref name=":0" />
Bill S-5 also amends CEPA to encourage "the development and timely incorporation" of substance testing methods alternative to [[Animal testing|those involving vertebrate animals]]. The government is also required to develop a plan, within two years, to 'encourage' and facilitate this transition.<ref>{{Cite web |title=Government Bill (Senate) S-5 (44-1) - Third Reading - Strengthening Environmental Protection for a Healthier Canada Act - Parliament of Canada |url=https://www.parl.ca/DocumentViewer/en/44-1/bill/S-5/third-reading |access-date=2023-06-02 |website=www.parl.ca |language=en}}</ref>
Bill S-5 received royal assent on June 13, 2023.<ref>{{Cite web |title=An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act  |url=https://www.parl.ca/legisinfo/en/bill/44-1/s-5}}</ref>
== Enforcement, penalties and prosecution ==
Enforcement activities related to the act can include:
* warnings regarding the existence of a violation so that the alleged offender can act and return to compliance;
* directions to deal with or to prevent illegal releases of regulated substances;
* tickets for offences (e.g. failure to submit written reports);
* various orders (e.g. prohibition orders, orders to recall illegal substances or products from the marketplace, environmental protection compliance orders to put an immediate stop to illegal activity) to prevent a violation from occurring or require action to be taken;
* injunctions;
* prosecution under the authority of a Crown prosecutor; and
* environmental protection alternative measures. REHANT
===''Environmental Enforcement Act''===
Fines under the [[Environmental Enforcement Act]] (EEA) range from $5,000 to $6,000,000.<ref>{{cite web|url=http://www.ec.gc.ca/alef-ewe/default.asp?lang=En&n=7CB7E78A-1|title=Fine regime under the Environmental Enforcement Act - Canada.ca|first=Environment and Climate Change|last=Canada|website=www.ec.gc.ca}}</ref> The EEA applies to offences under CEPA 1999. The EEA also allows the enforcement officers to arrest a person without warrant, to seize or detain items related to a CEPA 1999 offence or related evidence, and to detain or redirect ships suspected of an offence. Convictions or indictments under the EEA can also result in imprisonment up to three years. Prosecutions under CEPA 1999 are listed on Environment Canada's website.<ref>{{cite web|url=http://www.ec.gc.ca/alef-ewe/default.asp?lang=En&n=5C63F879-1|title=Environmental annual reports and statistics - Canada.ca|first=Environment and Climate Change|last=Canada|website=www.ec.gc.ca}}</ref>
===Selected regulations===
* Prohibition of Certain Toxic Substances Regulations<ref name="ccr">{{cite news |title=Canadian Regulations |url=https://www.claigan.com/canadian-regulations/ |access-date=July 8, 2022 |publisher=Claigan}}</ref>
* Prohibition of [[Asbestos]] and Products Containing Asbestos Regulations<ref name=ccr/>
* Canadian Toys Regulation<ref name=ccr/>
* Health Canada Medical Device Licensing<ref name=ccr/>
* Canadian [[Phthalates]] Regulations (SOR/2016-188)<ref name=ccr/>
* Products Containing Mercury Regulations<ref name=ccr/>
==See also==
* {{cite web | title=Canadian Environmental Protection Act, Official Website| url=http://www.ec.gc.ca/CEPARegistry/the_act/}}
* [http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=66B8D849-1 Enforcement and compliance under CEPA 1999]
== References ==
{{Reflist|3}}
[[Category:Canadian federal legislation]]
[[Category:1999 in Canadian law]]
[[Category:Air pollution in Canada]]
[[Category:Environmental law in Canada]]
[[Category:1999 in the environment]]