Legislation

The dominant pieces of legislation addressing environmental issues are the Canadian Environmental Protection Act, 1999 (CEPA 1999) and the Canadian Environmental Assessment Act (CEAA). The Minister of Environment is responsible for administering these acts, with some responsibilities of CEPA 1999 falling to the Minister of Health.

Other federal departments also have important pieces of legislation for protecting the environment; these include the Energy Efficiency Act administered by Natural Resources Canada and the Motor Vehicle Safety Act administered by the Department of Transport, although some of its powers to set regulations for vehicles have been transferred to CEPA.

Complex legislation may take years to pass. The process for developing and passing a piece of law by the federal government requires preparation and approval of the bill by cabinet, usual parliamentary process (three readings) including extensive consultation with other federal departments, provinces and territories, interested stakeholders (industry, public, etc). Acts can also be amended if necessary to introduce new provisions or change existing ones. Amendment can be a fairly involved process but generally takes less time than passing a new act.

The Canadian Environmental Protection Act, 1999 is a complex piece of legislation involving many authorities and obligations:

Obligation to compile and amend from time to time a priority substances list (PSL)
Obligation to assess substances on the PSL to determine if they are toxic and if so, authority to add them to Schedule 1 of the Act
Obligation to develop and promulgate an instrument of control for certain substances placed on Schedule 1 within a specified timeframe
Procedures and processes for development and promulgation of regulations or other instruments of prevention or control
Authority to request pollution prevention plans
Obligation to issue environmental quality objectives, environmental quality guidelines, release guidelines and codes of practice respecting pollution prevention or pollutant releases
Authority to regulate vehicle, engine and equipment emissions and the substance content and characteristics of fuels
Obligation and authority to regulate to ensure compliance with an international air pollution agreement if a province or territory is unwilling or unable to act
Authority to collect information relevant to an environmental issue and obligation to establish a national pollution release inventory (also known as NPRI)

The Minister responsible for a federal act is required to prepare an annual report to Parliament on the administration and enforcement of the act. The Annual Report to Parliament on CEPA 1999 is also required to contain information on research conducted under the authority of the act during the fiscal year being reported. The provisions and operation of CEPA 1999 is required to undergo a comprehensive review by a committee of the House of Commons, the Senate or both Houses of Parliament every five years after the act comes into force.

The April 2007 Regulatory Framework for Industrial Greenhouse Gas Emissions laid out the broad design of the regulations in Canada for industrial emissions of both greenhouse gases and air pollutants. The final regulatory framework after consultations with stakeholders strengthens the April 2007 regulatory framework and elaborates on the targets for industrial emissions reductions. The next steps are to translate the regulatory framework into regulatory language. Draft regulations are expected to be published in the Canada Gazette, Part I for public comment in the fall of 2008. Final regulations are expected to be approved and published in the Canada Gazette, Part II in fall 2009. The greenhouse gas provisions of the regulations are to come into force, as planned, on January 1, 2010. Air pollution elements will be added to the draft regulations once the regulatory framework for air pollutants has been finalized in spring 2008.

Typically, each of the provinces and territories has environmental legislation that pertains to emissions and air quality. The legislation is usually developed, administered and enforced by an environment ministry. Other ministries such as energy, natural resources, health and transportation within the provinces can have environmental legislation in place that deals with emissions, hazardous wastes as well as water and soil quality.

Each of the ministers of the environment participate on the Canadian Council of Ministers of the Environment (CCME). The CCME is comprised of the environment ministers from the federal, provincial and territorial governments. The 14 ministers normally meet at least once a year to discuss national environmental priorities and determine work to be carried out under the auspices of the CCME. The CCME serves as a principal forum for members to develop national strategies, norms and guidelines that each environment ministry across the country can use.