Annual Report Canadian Environmental Protection Act, 1999 for April 2013 to March 2014

Annual Report Canadian Environmental Protection Act, 1999 for April 2013 to March 2014
Canadian Environmental
Protection Act, 1999
Annual Report
for April 2013 to March 2014
Canadian Environmental
Protection Act, 1999
Annual Report
for April 2013 to March 2014
Website: www.ec.gc.ca/ceparegistry
Print version
Cat. No.: En81-3/2014E
ISSN 1488-8556
PDF version
Cat. No.: En81-3/2014E-PDF
ISSN 1492-0212
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Table of Contents
1Introduction ......................................................................................................................................................... 1
2
Addressing Key Risks........................................................................................................................................... 2
2.1 Toxic Substances Harmful to Human Health or the Environment..................................................................... 2
2.1.1 Monitoring, Research, Information Gathering and Risk Assessment Activities................................... 2
2.1.2 Risk Management Activities............................................................................................................. 7
2.2 Living Organisms......................................................................................................................................... 16
2.2.1 Monitoring, Research and Risk Assessment Activities..................................................................... 16
2.2.2 Risk Management Activities .......................................................................................................... 18
2.3 Air Pollution and Greenhouse Gases............................................................................................................. 18
2.3.1 Monitoring, Research and Risk Assessment Activities..................................................................... 19
2.3.2 Risk Management Activities........................................................................................................... 21
2.4 Water Quality............................................................................................................................................... 24
2.4.1 Monitoring, Research and Risk Assessment Activities..................................................................... 24
2.4.2 Risk Management Activities........................................................................................................... 24
2.5Waste.......................................................................................................................................................... 25
2.5.1 Monitoring, Research and Risk Assessment Activities..................................................................... 25
2.5.2 Risk Management Activities........................................................................................................... 26
2.6 Environmental Emergencies......................................................................................................................... 29
3
Administration, Public Participation and Reporting.......................................................................................... 30
3.1 Federal, Provincial, Territorial Cooperation.................................................................................................... 30
3.1.1 National Advisory Committee......................................................................................................... 30
3.1.2Federal-Provincial/Territorial Agreements....................................................................................... 31
3.2 Public Participation...................................................................................................................................... 33
3.2.1 CEPA Environmental Registry......................................................................................................... 33
3.2.2 CMP-related Consultations............................................................................................................. 33
3.2.3 CMP-related Committees............................................................................................................... 33
3.3Reporting..................................................................................................................................................... 34
3.3.1 Canadian Pollution Prevention Information Clearinghouse............................................................... 34
3.3.2 State of the Environment Reporting................................................................................................ 34
3.3.3 National Pollutant Release Inventory............................................................................................... 34
3.3.4 Greenhouse Gas Emissions Reporting Program.............................................................................. 35
3.3.5 Single Window Reporting Initiative................................................................................................. 36
3.3.6 Use of Monitoring and Surveillance to Measure Performance of Risk Management Activities.......... 36
3.3.7 Environmental Offenders Registry and Enforcement Notifications................................................... 36
4
Compliance Promotion and Enforcement.......................................................................................................... 37
4.1 Designations and Training............................................................................................................................ 37
4.2 Compliance Promotion................................................................................................................................. 38
4.3 Enforcement Priorities.................................................................................................................................. 39
4.4 Enforcement Activities................................................................................................................................. 39
4.4.1 Enforcement Statistics................................................................................................................... 39
4.5 International Enforcement Cooperation........................................................................................................ 44
Appendix A: Reporting Requirements......................................................................................................................... 45
Appendix B: Contacts.................................................................................................................................................. 46
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
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Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
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1
Introduction
Figure 1: The CEPA management cycle
This annual report provides an overview of the
activities conducted and results achieved under the
Canadian Environmental Protection Act, 1999 (CEPA
1999) from April 1, 2013, to March 31, 2014. Both
the Minister of the Environment and the Minister of
Health jointly administer the task of assessing and
managing the risks associated with toxic substances.
This report responds to the statutory requirement in
section 342 of the Act to provide annual reports to
Parliament on the administration and enforcement
of the Act.
Risk Assessment
-Reporting
Information
Gathering,
Research and
Monitoring
-Stakeholder engagement
- Public rights
-Inter-jurisdictional
relationships
Risk Management
Compliance
Promotion and
Enforcement
CEPA 1999 provides authority for the Government
of Canada to take action on a wide range of
environmental and health risks—from chemicals
to air pollution to wastes. For the most part, it
functions as an enabling statute, providing a suite
of instruments and measures for identifying,
assessing and addressing the risks.
This report provides information on all stages of the
CEPA cycle. Section 2, Addressing Key Risks, covers
information gathering, research and monitoring, risk
assessment, and risk management for toxics, air
pollution, greenhouse gases, water quality and waste.
Section 3, Administration, Public Participation and
Reporting, covers reporting, stakeholder engagement,
public rights and inter-jurisdictional relationships.
Section 4 describes compliance promotion and
enforcement activities.
The general steps followed to address each risk can
typically be organized into a cycle: information is
collected to understand risks and inform decisions;
risks are assessed to determine if action is required;
risk management instruments are put in place to
reduce or eliminate risks to the environment and/or
human health; these instruments may require
compliance promotion and enforcement; and
information is once again collected to monitor
progress and determine if additional action is
required. At each stage in the cycle, stakeholders
are engaged, the public has the opportunity to
be involved, the government works closely with
provincial, territorial and Aboriginal counterparts,
and information is reported to the public.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
1
2
Addressing Key Risks
2.1
Toxic Substances
Harmful to Human Health
or the Environment
concern that were already in commerce in Canada
when a pre-market notification requirement was
introduced under CEPA 1999.
2.1.1 Monitoring, Research, Information
Gathering and Risk Assessment
Activities
Parts 5 and 6 of CEPA 1999 includes specific
provisions for data collection, assessment and
management for controlling toxic substances.
Substances include both chemicals and living
organisms (specific information on living organisms
begins in Section 2.2). For chemicals, part of this
included a requirement for the Minister of the
Environment and the Minister of Health to sort
through, or “categorize,” the substances on
the Domestic Substances List, an inventory of
approximately 23 000 substances manufactured
in, imported into or used in Canada on a
commercial scale. The categorization process
identified for more detailed assessment
approximately 4 300 substances that:
Monitoring
Monitoring and surveillance activities are essential
to identify and track levels and trends related to
chemicals in the environment and human exposure
to those chemicals.
In 2013–2014, a broad range of chemical
monitoring activities were undertaken in support of
the CMP, the Northern Contaminants Program, the
Great Lakes Surveillance Program, the Great Lakes
Water Quality Agreement, the Great Lakes Herring
Gull Contaminants Monitoring Program, as well as
the Arctic Council’s Arctic Monitoring and Assessment
Programme, the United Nations Environment
Programme Stockholm Convention on Persistent
Organic Pollutants, and the United Nations
Economic Commission for Europe Convention
on Long-range Transboundary Air Pollution.
• were suspected to be inherently toxic to humans
or to the environment, and are persistent (take a
very long time to break down) or bioaccumulative
(collect in living organisms and end up in the
food chain); or
• present the greatest potential for exposure
to Canadians.
The CMP Monitoring and Surveillance Program
involves the collection of data on the concentration
of chemical substances in environmental compartments at locations across Canada. Environmental
compartments include surface water, sediment,
air, aquatic biota and wildlife. Wastewater system
influent, effluent and biosolids are also monitored
at select locations representing a range of input
and treatment system types.
The Chemicals Management Plan (CMP) is a program
to protect Canadians and their environment from
exposure to harmful chemicals and living organisms.
It includes a number of activities for which the
obligations or authorities are spread throughout
CEPA 1999. The Chemical Substances website
(www.chemicalsubstances.gc.ca) provides more
information on activities related to the CMP.
Under the CMP, the government conducts pre-market
assessments of health and environmental effects
of approximately 500 substances that are new to
Canada each year. The CMP also provides one of
the most comprehensive approaches in the world
to assessing risks from the tens of thousands of
substances that came into use before these new
substance requirements were in place.
Through the program, many priority substances,
including polybrominated diphenyl ethers (PBDEs),
other flame retardants, perfluorinated compounds
(including PFOS and PFCAs), siloxanes, triclosan,
bisphenol A (BPA) and metals, have been measured
to provide environmental data for risk assessment
and risk management decision making. The collection
of data on these substances will establish baseline
information and ultimately allow for the analysis of
temporal trends—a key element of measuring the
At the core of the CMP is a commitment to address,
by 2020, some 4300 substances of potential
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
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performance of risk management activities.
During 2013–2014, research was initiated on
a number of subjects, including the atmospheric
degradation of priority chemicals (i.e., flame
retardants), and development of analytical methods
for determining (alkyl) substituted phenylamine
antioxidants in water, wastewater, biosolids,
sediments and biotic tissues.
Health Canada monitoring activities focused on
human exposure to contaminants, including measurement of chemicals in household dust, volatile
organic compounds in drinking water, a selection of
chemicals in indoor air, hexachloro-norborne-based
flame retardants in human milk and serum, and
phthalates and BPA exposure in pregnant women.
Ongoing research continued on the exposure
and toxicity of CMP priority chemicals such as
endocrine-disrupting compounds, azo and benzidine
dyes, phthalates, flame retardants, perfluoroalkyl
substances (PFASs) and nanomaterials (silver).
Research also continued on aquatic and atmospheric
mercury in the Arctic; endocrine-disrupting
compounds including hydroxylated polychlorinated
biphenyls (PCBs); emerging metabolites of CMP
priority pollutants in humans; volatile organic
compounds in residences; levels of metals and
emerging organic pollutants in polar bears; toxicity
and accumulation of rare earth elements in plants
and invertebrates; priority organic chemicals;
ecotoxicity of xanthene dyes and non-chlorinated
bisphenol (binox); organophosphate esters and
phthalates in house dust; effects and toxicity
of chemical mixtures; and effects of chemicals
on endocrine systems.
Health Canada released The Second Report on
Human Biomonitoring of Environmental Chemicals:
Results of the Canadian Health Measures Survey
(CHMS) Cycle 2 (2009–2011). This report presents
national biomonitoring data on the Canadian
population’s exposure to chemicals.
In addition to data collection and reporting on a
range of chemicals, monitoring efforts in 2013–2014
also included upgrades to monitoring technologies
and establishing new sampling techniques and
methodologies to detect trace contaminants
in the environment.
For more information about monitoring activities, visit
www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=
F79B71E4-1.
Research
A number of research projects were completed
in 2013–2014. For some, data analysis is under
way, and for others, reports have been or are in
the process of being published in peer-reviewed
scientific journals. Research subjects include:
Environment Canada and Health Canada conduct a
wide range of research under the authority of CEPA
1999. Among other purposes, this research is
designed to fill data gaps in risk assessments;
evaluate the impact of toxic substances and other
substances of concern on the environment and
human health; determine the extent of ecological
and human health exposure to contaminants; and
provide specialized sampling and analytical techniques
for monitoring and for enforcement.
• polycyclic aromatic hydrocarbons: occurrence
in avian tissue; avian mRNA expression;
atmospheric measurements using improved
tools and techniques;
• flame retardants: breakdown and metabolism:
occurrence in avian eggs and in St. Lawrence
River fish; in ovo effects; presence in house
dust; maternal transfer to eggs in avian species;
avian cytotoxicity and mRNA expression;
investigating non-brominated flame retardants
to understand fate and global loadings from
long-range transport; toxicity to a series of
aquatic organisms of different taxonomic groups;
impacts on Daphnia magna; fate and presence
in remote aquatic environments; potential toxic
effects relevant to humans; neurotoxicity;
Health Canada undertakes research to support the
development of regulations, guidelines and air quality
objectives with the goal of reducing population
exposures to pollutants and improving human health.
During 2013–2014, research was carried out under
a number of programs, including the CMP, the
Northern Contaminants Program, the Strategic
Technology Applications of Genomics in the
Environment Program and the Great Lakes
Action Plan.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
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Information Gathering and Risk Assessment
• aromatic azo and benzidine substances:
genotoxicity and environmental fate in aquatic
environments; chronic toxicity in invertebrates
and fish; bioaccumulation, bioavailability
and toxicity in aquatic organisms;
New Substances Risk Assessment
Substances that are not on the Domestic Substances
List are considered to be new to Canada. New
substances may not be manufactured in or imported
into Canada unless the Minister of the Environment
has been notified with certain prescribed information
and the period for assessing the information has
expired. New substances include living organisms,
and reporting on living organisms is included in
Section 2.2 of this report.
• siloxanes: improved techniques for predicting
atmospheric persistence in air; determination
in biota;
• persistent organic pollutants: impact on gene
expression: levels of different persistent organic
pollutants in humans; atmospheric measurements
using improved tools and techniques; long-term
monitoring to validate models;
•
inorganics: effects and bioaccumulation potential
in soil organisms and aquatic organisms;
•
metals: speciation, bioaccessibility and
transformation in house dust; ecorisk
assessment of mercury;
In 2013–2014, 506 new substance notifications
were received pursuant to s81 of the Act and in
keeping with the New Substances Notification
Regulations (Chemicals and Polymers) and the New
Substances Notification Regulations (Organisms).
Some of the 506 new substances notifications
related to nanomaterials and substances that have
the potential to be manufactured in the nanoscale.
• perfluoroalkyl substances and their precursor
compounds: characterization; contributions
of point and non-point sources; guidance
on passive and active air sampling methods;
multimedia trends and impacts of long-range
atmospheric transport;
For new substances in products regulated under the
Food and Drugs Act, 68 notifications for chemical/
polymer substances and 3 notifications for living
organisms were received and assessed in
2013–2014.
• nanomaterials: methods to identify and
characterize nanoparticle emissions in indoor
environments; predicting toxicity based on
size and surface characteristics; influence
of physicochemical characteristics on toxicity;
in vitro studies on the toxicity of silica
nanoparticles and factors influencing their
potency; toxicity and factors influencing
potency; characterization of carbon-based,
zinc oxide, titanium dioxide and silver
nanoparticles; toxicological effects following
exposure; detection in commercial products
and the environment;
Since September 2001, substances in products
regulated under the Food and Drugs Act have been
subject to the the new substances provisions in
CEPA. Substances that were in products that were
regulated under the Food and Drugs Act and that
were in Canadian commerce between January 1,
1987, and September 13, 2001, were placed on
an administrative list, called the In Commerce List.
The updated Revised “In Commerce List” (R-ICL),
containing approximately 3400 substances, was
published on Health Canada’s website in May 2013.
In 2013–2014, 1373 substances on the R-ICL
underwent prioritization (identifying substances
of higher, medium and lower concern).
• pharmaceutical and personal care products:
bioaccumulation and toxicity; occurrence
and fate in wastewater treatment systems
and effluents.
Chemicals Management Plan
Under the CMP, Environment Canada and Health
Canada continued to gather information and assess
the potential ecological and health risks from the
remaining high-priority substances of the first phase
of the CMP under the Challenge and the Petroleum
Sector Stream Approach. They also continued data
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
4
collection and assessment work as part of the second
phase of the CMP under the Substance Groupings
Initiative and the Rapid Screening Approach.
industry-restricted low boiling-point naphthas,
petroleum and refinery gases, heavy fuel and
gas oils. Details of these assessments are listed
in Table 1.
The Challenge
During 2013–2014, information received under a
Notice issued under section 71 of CEPA 1999 in
December 2011 continued to be analyzed to inform
the risk assessment of petroleum substances
that may be present in consumer products.
Through the Challenge program of the CMP,
the Ministers committed to addressing the
200 highest-priority substances. These
200 substances were divided into 12 smaller
groups or “batches” that were addressed
sequentially. Each batch of substances in the
Challenge progressed through various information
gathering, screening assessment, risk management,
and compliance promotion and enforcement
(where appropriate) stages. To date, 42 of these
substances have been found to meet one or more
of the criteria in section 641 of CEPA 1999. During
the 2013–2014 period, risk assessment and risk
management work was ongoing to complete the
last batch for this initiative.
The Substance Groupings Initiative
One of the current key initiatives under the CMP
is the Substance Groupings Initiative. This was
launched on October 8, 2011, and includes the
following nine groups of substances:
• aromatic azo- and benzidine-based substances
• boron-containing substances
• certain internationally classified substances
with potential for exposure to individuals
in Canada
The Petroleum Sector Stream Approach
• certain organic flame retardants
The Petroleum Sector Stream Approach includes
approximately 170 substances identified as priorities
for action through the categorization process and
that were set aside to be addressed in a sectoral
approach. A large portion of high-priority petroleum
substances are used or manufactured during
petroleum refining or bitumen/heavy crude oil
upgrading activities. Data collection, risk assessment
and, where appropriate, risk management are
continuing on the substances that are part of
this initiative.
• cobalt-containing substances
• methylenediphenyl diisocyanates and diamines
• phthalates
• selenium-containing substances
• substituted diphenylamines
During 2013–2014, the Minister of Health and the
Minister of the Environment published draft Screening
Assessment Reports for 244 of the 358 aromatic
azo- and benzidine-based substances, including
42 benzidine-based dyes, 5 diarylinde yellow
pigments, 33 monoazo pigments, 73 azo disperse
dyes, 22 azo solvent dyes, and 69 azo direct dyes
and azo reactive dyes.
During 2013–2014, the Minister of the Environment
and the Minister of Health published the draft
screening assessment reports for seven substances,
including Fuel Oil No. 2, Fuel Oil No. 4, Fuel Oil
No. 6 and residuals, as well as aviation fuels. In
addition, both Ministers published the final screening
assessment reports for 54 substances including
site-restricted petroleum and refinery gases,
In 2013–2014, the Minister of the Environment
issued two Notices under section 71 of CEPA 1999
to gather information to support the Substance
Groupings Initiative. One Notice applied to
23 substances that are part of the Selenium
Substance Grouping, and the second applied
to 28 Phthalate substances, 14 of which are
part of the Phthalates Substance Grouping,
and 14 additional substances that are under
consideration for inclusion in the grouping.
1 Under section 64 of CEPA 1999, “a substance is toxic
if it is entering or may enter the environment in a quantity
or concentration or under conditions that
(a) have or may have an immediate or long-term harmful
effect on the environment or its biological diversity;
(b) constitute or may constitute a danger to the environment
on which life depends; or
(c) constitute or may constitute a danger in Canada
to human life or health.”
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
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In addition, the departments completed analysis
of the information collected from the CEPA section 71
Notices that they had previously issued for Triclosan,
Cobalt-containing substances, Methylenediphenyl
diisocyanates and diamines, Internationally Classified
substances, Substituted diphenylamines and certain
organic flame retardants. The information from these
data-gathering initiatives will be used to inform
ecological and human health risk assessments and,
if necessary, risk management of these substances.
concludes that 117 of the substances do not meet
any of the criteria set out under section 64 of
CEPA 1999.
Summary of Screening Assessment Progress
Building on the first phase of the Domestic
Substances List Inventory Update (DSL IU),
the second phase of the DSL IU was launched
in December 2012 with the publication of a
section 71 Notice. In total, 626 responses were
received, processed and analyzed in 2013–2014.
Screening assessments are conducted to determine
whether substances meet or are capable of meeting
any of the criteria set out in section 64 of CEPA
1999. The results of the screening assessments are
published in draft form on the Chemical Substances
website, and the Ministers of the Environment and
of Health publish a notice in the Canada Gazette,
Part I to indicate that the draft assessments are
available for comment. Interested parties can
submit written comments during a 60-day public
comment period. After taking into consideration
comments received, the Ministers publish final
assessment reports.
The updated information on the commercial status
of approximately 2700 substances that are remaining
priorities under the CMP will support subsequent
risk assessment and risk management activities.
Table 1 lists the 2013–2014 assessment conclusions
and proposed measures for 1063 existing substances
(note that information on assessments of living
organisms is included in Section 2.2 of this report).
The Domestic Substances List Inventory Update
Health Canada also continued to accept and review
submissions for new substances used in products
regulated by the Food and Drugs Act in order to
determine their potential impacts from release to
the environment. Health Canada also continued its
Food and Drugs Act re-evaluation of food additives
and food packaging materials and assessment of
food contaminants.
The Rapid Screening Approach
The rapid screening approach is utilized for
substances of lower concern. This approach uses
a series of qualitative and quantitative steps to
efficiently evaluate the likelihood that a substance
may cause harm, given conservative estimates of
exposure. At each step in the rapid screening
process, any substance that appears to present
a potential for harm will be identified as requiring
further assessment. For those substances that pass
through all steps of the rapid screening without
being identified as requiring further assessment,
the government will conclude that the substances
do not require risk management.
Work also continued on the re-evaluation of previously
approved pesticides according to legislated timelines
and requirements under the Pest Control Products
Act, as well as on continuing to monitor health
and environmental incidents related to pesticides,
analyzing trends and sales data, and taking regulatory
action as needed. More information can be found at
www.chemicalsubstances.gc.ca.
In April 2013, the Minister of the Environment and
the Minister of Health completed and published the
final screening assessment report for 533 substances
of low concern.
In June 2013, a draft rapid screening assessment
for 140 substances of phase 1 of the Inventory
update was published in the Canada Gazette for a
60-day public comment period. The final screening
assessment report published on March 29, 2014,
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
6
2.1.2 Risk Management Activities
Ministers may recommend the addition of a
substance to Schedule 1 of CEPA 1999 to the
Governor in Council if a screening assessment
shows that a substance meets one or more of the
criteria set out in section 64 of CEPA 1999. The
Governor in Council may then approve an order
specifying its addition to Schedule 1. The decision
to recommend adding a substance to Schedule 1
obliges the Ministers to develop a “regulation or
instrument respecting preventive or control actions”
within specific time periods.
Along with the results of the screening assessment,
the Ministers must publish in the Canada Gazette
their final recommendation to the Governor in
Council by choosing one of the following three
“measures”: adding the substance to Schedule 1
of CEPA 1999 (the List of Toxic Substances),
adding it to the Priority Substances List for further
assessment, or proposing no further action in
respect of the substance.
Table 1: Summary of existing substance assessment decisions published from April 2013 to March 2014
(NFA: no further action)
Substances
(and Number of Substances)
Meet s. 64
Criteria
Proposed
Measure
Draft Notice*
Batch 12 (2 substances reassessed)
No
NFA
Mar. 29, 2014
Azo Direct Dyes and Azo Reactive Dyes
(69 substances)
No
NFA
Mar. 29, 2014
Rapid screening of substances from Phase One
of the Domestic Substances List Inventory Update
(117 substances)
No
NFA
Jun. 15, 2013
Certain substances on the Domestic Substances List
used primarily as pharmaceuticals (28 substances)
No
NFA
Mar. 22, 2014
Ethylbenzene
Yes
Add to Schedule 1
Feb. 8, 2014
Hexachloroethane
No
NFA
Feb. 8, 2014
Ethene
No
NFA
Jan. 25, 2014
BDTP
Yes
Add to Schedule 1
Jan. 25, 2014
Industry-restricted petroleum and refinery gases
(4 substances)
Yes
Add to Schedule 1
Apr. 28, 2012
Jan. 18, 2014
Tetrabromobisphenol A (TBBPA) and 2 of its
derivatives (3 substances)
No
NFA
Nov. 10, 2012
Nov. 30, 2013
Azo Solvent Dyes (22 substances)
Yes
(2 substances)
Add to Schedule 1
(for the 2 toxic
substances)
Nov. 2, 2013
Azo Disperse Dyes (73 substances)
Yes
Add to Schedule 1
Nov. 2, 2013
Monoazo Pigments (33 substances)
No
NFA
Nov. 2, 2013
Hexanedioic acid, bis(2-ethylhexyl) ester (DEHA)
Yes
Add to Schedule 1
Oct. 12, 2013
Industry-restricted gas oils (2 substances)
No
NFA
May 12, 2012
Jul. 27, 2013
Industry-restricted heavy fuel oils (5 substances)
No
NFA
Apr. 21, 2012
Jul. 27, 2013
Industry-restricted low boiling-point naphthas
(3 substances)
No
NFA
Apr. 21, 2012
Jul. 27, 2013
Acetone
No
NFA
Jul. 6, 2013
Propene
No
NFA
Jul. 6, 2013
Biphenyl
No
NFA
Jul. 6, 2013
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
7
Final Notice*
Mar. 29, 2014
Table 1 (Concluded)
Substances
(and Number of Substances)
Meet s. 64
Criteria
Proposed
Measure
Draft Notice*
Final Notice*
Batch 12 (4 substances)
Yes (mitotane
and chlorhexidine
acetate)
NFA for
2 substances
and add to
Schedule 1 for
2 toxic substances
Jul. 6, 2013
Batch 12 (9 substances)
No
NFA
Jan. 8, 2011
Diarylide yellow pigments (5 substances)
No
NFA
Jun. 15, 2013
Benzidine-based dyes and related substances
(42 substances)
No
NFA
Jun. 15, 2013
1,1-Dichloroethene
No
NFA
Dec. 17, 2011
Jun. 1, 2013
1,2-Dibromoethane
No
NFA
Dec. 17, 2011
Jun. 1, 2013
Site-restricted petroleum and refinery gases
(40 substances)
Yes
Add to Schedule 1
Jan. 15, 2011
Jun. 1, 2013
Fuel Oil No. 2
Yes
Add to Schedule 1
Jun. 1, 2013
52 substances with high hazard potential
on the Domestic Substances List
No
NFA**
Jul. 2, 2011
May 25, 2013
Rapid screening of substances of low concern
(533 substances)
No
NFA
Jun. 18, 2011
Apr. 20, 2013
Aviation fuels (3 substances)
No
NFA
Apr. 13, 2013
Fuel Oil No. 4, Fuel Oil No. 6 and Residual Fuel Oil
(3 substances)
No
NFA
Apr. 13, 2013
Jun. 29, 2013
* The dates are those on which the draft and final notices were published in the Canada Gazette, Part I.
** Significant New Activity Notice proposed (see Table 6).
Table 2 lists the substances or groups of substances
that the Ministers proposed to be added to Schedule 1
of CEPA 1999 in 2013–2014. Table 3 lists the
substances or groups of substances that were
added to Schedule 1 in 2013–2014.
Table 2: Proposed orders adding substances to Schedule 1 of CEPA 1999 from April 2013 to March 2014
Substance
Draft Order*
40 site-restricted petroleum and refinery gases
Feb. 15, 2014
4 industry-restricted petroleum and refinery gases
Feb. 15, 2014
* The dates are those on which the draft orders were published in the Canada Gazette, Part I.
Table 3: Orders adding substances to Schedule 1 of CEPA 1999 from April 2013 to March 2014
Substance
Final Order*
Perfluorooctanoic acid, which has the molecular formula C7F15CO2H (PFOA), and its salts
Nov. 6, 2013
Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n=7 or 8 and that
is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom (precursors of PFOA)
Nov. 6, 2013
Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20 (long-chain PFCA) and their salts
Nov. 6, 2013
Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that
is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom (long-chain PFCA precursors)
Nov. 6, 2013
* The dates are those on which the final orders were published in the Canada Gazette, Part II.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
8
The CMP uses a wide range of risk management
instruments, including regulations, pollution
prevention plans, environmental performance
agreements, permits, substance lists, guidelines,
codes of practice and significant new activity
notification provisions. These instruments can
address any aspect of the substance’s life cycle,
from the research and development stage through
manufacture, use, storage, transport and ultimate
disposal or recycling.
management approach document is developed
and published at the same time as the final risk
assessment report. The risk management approach
document provides a more detailed description of
the risk management being considered. It builds on
the risk management considerations outlined in the
risk management scope document and considers new
information, including comments, received during
the above-mentioned 60-day comment period. The
release of a risk management approach document
is followed by a 60-day public comment period,
providing additional opportunity for stakeholders to
comment on the proposed risk management actions.
In 2013–2014, risk management approaches were
published for the following substances:
In addition to implementing existing risk management
instruments during the reporting period, the CMP
published 8 final risk management instruments to
address 14 toxic substances or groups of substances
as well as 1 proposed instrument to address
another substance.
• site-restricted petroleum and refinery gases
(this covered 40 substances)
In general, when a draft risk assessment proposes
a conclusion that the substance is “toxic” under
CEPA 1999, the CMP develops and publishes a risk
management scope at the same time as the draft
assessment report. Risk management scopes are
used as discussion documents to engage stakeholders
on potential risk management actions. A scope
briefly describes the health or environmental concern,
the activities potentially impacted and the type of
risk management actions being considered. In
2013–2014, scopes were published for the
following substances:
• petroleum and refinery gases (4 substances)
Regulations
On June 22, 2013, Environment Canada published
proposed Regulations Amending the PCB Regulations
and Repealing the Federal Mobile PCB Treatment and
Destruction Regulations. The amendments address
the practical challenges of identifying and removing
from service certain electrical equipment containing
PCBs by extending their end-of-use timelines to
2025. They also repeal the Federal Mobile PCB.
Treatment and Destruction Regulations, which are
no longer required.
• mitotane and chlorhexidine acetate
(Challenge Batch 12)
• Fuel Oil No. 2 (Petroleum Sector Stream 3)
In 2013–2014, Health Canada prepared tris
(2-chloroethyl) phosphate (TCEP) regulations for
publication in the Canada Gazette, Part II under
the Canada Consumer Product Safety Act. Work
also continued to advance a risk management
measure and regulations on 2-(2-methoxyethoxy)
ethanol (DEGME).
• BDTP and ethylbenzene (legacy substances)
• Azo Disperse Dyes, Solvent Yellow 77
and Pigment Red 4 (Aromatic Azo and
Benzidine-based Substance Grouping)
Similar to the risk management scopes, when the
final screening assessment report concludes that
a substance is “toxic” under CEPA 1999, a risk
The PCB Regulations have been successful in achieving the first of their key objectives, specifically, the
destruction of PCBs that were in storage when the Regulations came into force in 2008. The Regulations
include limits on how long PCBs can remain in use and in storage, and require their destruction. At the
end of 2013, there were 626 tonnes of PCBs still in use and 30 tonnes of PCBs in storage. Since 2008,
2442 tonnes of PCBs have been destroyed.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
9
Government Operations and Federal
and Aboriginal Lands
proposed revisions to the Federal Halocarbon
Regulations, 2003 was published on Environment
Canada’s Ozone website.
Part 9 of CEPA 1999 provides the authority to
make regulations, objectives, guidelines and codes
of practice that apply to departments, boards and
agencies of the Government of Canada, federal works
and undertakings, federal land, Aboriginal land,
persons on that land and other persons insofar as their
activities involve that land, and Crown corporations.
Pollution Prevention Planning Notices
The provisions within Part 4 of CEPA 1999 allow the
Minister of the Environment to issue a “notice” to
require designated persons to prepare, implement
and report on pollution prevention (P2) plans for
toxic substances. P2 Planning Notices provide the
flexibility for industry to determine the best methods
within their processes and activities to meet the risk
management objective within the Notice. For further
information on P2 planning, consult
www.ec.gc.ca/planp2-p2plan/default.
asp?lang=En&n=F7B45BF5-1.
The Storage Tank Systems for Petroleum Products
and Allied Petroleum Products Regulations seek to
reduce the risk of contaminating soil and groundwater
as a result of spills and leaks of petroleum products
and allied petroleum products from storage tank
systems. The Regulations also establish technical
standards for the design and installation of storage
tank systems as well as a registry.
Active Pollution Prevention Planning Notices
In 2013–2014, there were 1 028 new storage tank
identifications submitted to Environment Canada
through the Federal Identification Registry of Storage
Tank Systems. To date, 1 285 regulatees have
identified approximately 17 000 storage tanks to
Environment Canada through the Federal Identification
Registry of Storage Tank Systems database for a
total volume capacity of 2.57 billion litres of
petroleum and allied petroleum products.
During 2013–2014, there were six active P2
Planning Notices covering nonylphenol and its
ethoxylates contained in products; inorganic
chloramines and chlorinated wastewater
effluent; polyurethane and other foam sector
(except poly-styrene) – toluene diisocyanates;
cyclotetrasiloxane, octamethyl (siloxane D4) in
industrial effluents; BPA; and synthetic rubber
manufacturing sector – isoprene. More information
is available at www.ec.gc.ca/planp2-p2plan/default.
asp?lang=En&n=BCAA1E50-1.
In October 2013, a consultation report summarizing
and consolidating the feedback received during
face-to-face consultation meetings regarding the
Synthetic rubber manufacturing sector – isoprene
A final P2 planning notice to address harmful substances that are released from resin and synthetic
rubber manufacturing industries was published in the Canada Gazette, Part I on June 9, 2012.
The first substance to be addressed is isoprene. More information about the preliminary results
of this P2 notice is available at www.ec.gc.ca/planp2-p2plan/default.asp?lang=En&n=2CB665BA.
Polyurethane and other foam sector (except polystyrene) – toluene diisocyanates
All 14 facilities subject to this P2 notice submitted interim progress reports by the November 26, 2013
deadline. More information is available at www.ec.gc.ca/planp2-p2plan/default.
asp?lang=En&n=B88E6C97-1.
Cyclotetrasiloxane, octamethyl- (Siloxane D4) in industrial effluents
In December 2013, Environment Canada published a performance report summarizing the information
that has been reported by facilities subject to this P2 notice. More information is available at www.ec.gc.
ca/planp2-p2plan/default.asp?lang=En&n=8493A396
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
10
Environmental Performance Agreements
Environmental Quality Guidelines
An Environmental Performance Agreement is
negotiated around the key principles and design
criteria outlined in Environment Canada’s Policy
Framework for Environmental Performance
Agreements (www.ec.gc.ca/epe-epa/default.
asp?lang=En&n=564C0963-1).
Environmental quality guidelines provide benchmarks
for the quality of the ambient environment. Where
federal priorities align with those of the Canadian
Council of Ministers of the Environment (CCME)
(i.e., those of the various provincial and territorial
jurisdictions), the federal environmental quality
guidelines will be tabled with the CCME for
consideration as Canadian Environmental Quality
Guidelines (CEQGs). Table 4 lists the CEQGs that
were published or being developed nationally through
the CCME in 2013–2014. During the same period,
Environment Canada developed draft Federal
Environmental Quality Guidelines for various CMP
substances (Table 5).
Active agreements include the Environmental
Performance Agreement on production of hydrochlorofluorocarbons in Canada with E.I. DuPont
Canada Company, the Environmental Performance
Agreement respecting perfluorinated carboxylic
acids (PFCAs) and their precursors in perfluorinated
products sold in Canada, the Refractory Ceramic
Fibre Environmental Performance Agreement,
and the Environmental Performance Agreement
Respecting Bisphenol A in Paper Recycling Mill
Effluents. Detailed information about these
agreements is available online (www.ec.gc.ca/
epe-epa/default.asp?lang=En&n=0D8C879E-1).
Environmental Performance Agreement with the Vinyl Council of Canada and the Tin Stabilizers Association
Under this five-year agreement (2008–2013), which expired on March 9, 2013, 33 facilities committed
to implement a best management practices guideline to minimize releases of the organotin-based stabilizers
used in polyvinyl chloride processing. Environment Canada and the Vinyl Council of Canada are currently
discussing options to ensure the continued application of the guideline by all vinyl compounding facilities
using tin stabilizers in Canada.
Table 4: Environmental quality guidelines from April 2013 to March 2014
Environmental Compartment
Published
In Progress
Table
• Cadmium
Soil
• Barium
• Manganese
• Silver
• Zinc
• Carbamazepine
• Glycols
• Methanol
• Nickel
• Zinc
• Amines
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
11
Table 5: Environmental quality guidelines from April 2013 to March 2014
Environmental Compartment
Published
In Progress
• Bisphenol A
• Chlorinated alkanes (chlorinated paraffins)
• HBCD
• PFOS
• TBBPA
• Triclosan
• Vanadium
• Chromium (hexavalent)
• Iron
• Lead
• Copper
• Naphthenic acids
• Bisphenol A
• Chlorinated alkanes
• HBCD
• TBBPA
• Chlorinated alkanes
• HBCD
• PFOS
• Bisphenol A
• Chlorinated alkanes
• HBCD
• PFOS
• TBBPA
• PFOS
• HBCD
• PFOS
• TBBPA
• PFOS
Water Sediment
Fish Tissue
Wildlife Diet
Bird Egg
Soil
Groundwater
Note: Hexabromocyclododecane (HBCD), perfluorooctane sulphonate (PFOS), tetrabromobisphenol-A (TBBPA).
On November 30, 2013, Environment Canada also published the Guidelines for the Reduction of Dyes Released
from Pulp and Paper Mills, for the risk management of MAPBAP acetate. The guidelines are intended to limit
MAPBAP acetate releases into water from pulp and paper mills by setting retention standards for MAPBAP
acetate, performance criteria for the effluent treatment system and containment measures.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
12
Substance-specific Risk Management Results
Mercury
Canada has reduced its domestic sources of anthropogenic (human-induced) mercury releases by 90%
since the 1970s. However, transboundary mercury accounts for more than 95% of mercury deposition
in Canada. The government is committed to taking further actions at home and internationally to minimize
and, where feasible, eliminate anthropogenic mercury releases.
Canada has actively participated on the intergovernmental negotiating committee for the preparation
of a global, legally binding treaty on mercury, which was established by the Governing Council of the
United Nations Environment Programme in 2009. Negotiations were launched in 2010 and were
concluded at the fifth negotiating session in January 2013, with over 140 governments agreeing to
the final treaty text of the new Minamata Convention on Mercury. Canada signed the convention as soon
as it was open for signature, in October 2013, and is currently in the process of conducting an analysis
of its ability to meet the obligations in order to ratify the agreement. The convention will enter into force
once 50 countries have ratified it, likely within 2 to 3 years. Information on the Minamata Convention
on Mercury can be found at www.mercuryconvention.org/.
Significant New Activity Requirements
In 2013–2014, a notice of intent to apply the
Significant New Activity provisions of CEPA 1999
was published for 1 substance on the Domestic
Substances List, and final orders were published
for 66 substances on the Domestic Substances List
(Table 6), including 11 substances meeting one or
more of the criteria set out in s.64 of CEPA 1999.
A person who intends to use, manufacture or import
any of these substances for a new activity must
provide the prescribed information.
A Significant New Activity requirement can be
applied to a substance so that any major changes
in the way it is used are reported to the government.
This ensures that departmental experts can evaluate
whether a substance poses a new or increased risk
to human health or the environment, and determine
if risk management should be considered as a result
of the new use.
Table 6: Significant New Activity Notices and Orders for existing substances from April 2013 to March 2014
Assessment
Meet s. 64
Criteria
Number of
Substances
Notice of Intent*
Final Order*
Quinoline
Yes
1 substance
Nov. 16. 2013
Pending
Batch 6
Yes
1 substance
Nov. 26, 2011
May 8, 2013
Batch 7
Yes
2 substances
Mar. 3, 2012
Aug. 28, 2013
Batch 8
Yes
4 substances
Jul. 28, 2012
Jan. 15, 2014
Batch 9
Yes
4 substances
Sep. 15, 2012
Mar. 12, 2014
Batch 12
No
3 substances
Jan. 8, 2011
Jul. 3, 2013
High Hazard
No
52 substances
Jul. 2, 2011
May 22, 2013
* The dates are those on which the notices of intent and final orders were published in the Canada Gazette, Part I and Part II, respectively.
Note that registration of final orders usually occurs before the order is published.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
13
Of the 506 notifications for new substances that
were assessed under CEPA 1999 in 2013–2014,
the Minister issued 9 Significant New Activity
Notices (Table 7) on new chemicals and polymers.
Ten SNAcs that had previously been in place were
rescinded based on new information received
(Table 8).
Table 7: Significant New Activity Notices for new substances from April 2013 to March 2014
Substance
Publication Date*
Germanium dioxide, CAS Registry No. 1310-53-8
May 22, 2013
2-propenoic acid, 2-methyl-, alkyl ester, polymer with ethenylbenzene, methyl 2-methyl-2- propenoate
and 2-oxiranylmethyl 2-methyl-2-propenoate, tert-Bu peroxide-initiated (No. 17122)
Jun. 15, 2013
Acetamide, N,N’-(ethenylmethylsilylene)bis[N-ethyl-, CAS Registry No. 87855-59-2
Jul. 27, 2013
Multi-wall carbon nanotubes (No. 17192)
Aug. 24, 2013
Acetamide, N,N’-(ethenylmethylsilylene)bis[N-ethyl-, CAS Registry No. 87855-59-2
Sep. 11, 2013
Alanine, N,N-bis(carboxymethyl)-, trisodium salt, CAS Registry No. 164462-16-2
Sep. 11, 2013
Silane, triethoxy(3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl)-, CAS Registry No.51851-37-7
Sep. 21, 2013
Dodecanoic acid, 3-[[3-[[[2,2-dimethyl-3-[(1-oxododecyl)oxy] propylidene]amino]methyl]-3,5,5-trimethylcyclohexyl]
imino]-2,2- dimethylpropyl ester, CAS Registry No. 932742-30-8 (No. 17420)
Feb. 22, 2014
Silane, trimethoxy[3-(oxiranylmethoxy)propyl]-, hydrolysis products with silica
Mar. 22, 2014
* The dates are those on which the final notices or orders were published in the Canada Gazette, Part I.
Table 8: Significant New Activity Notices rescinded between April 2013 and March 2014
Substance
Publication Date*
2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl ester, polymer with 1,1-dichloroethene
and alkyl 2-propenoate (No. 16138)
Sep. 21, 2013
Siloxanes and silicones, substituted alkyl Me, di-Me, Me substituted alkyl, polymers with stearyl acrylate,
polyfluoro methacrylate and vinyl chloride (No. 14888)
Sep. 21, 2013
2-Propenoic acid, 2-hydroxyethyl ester, telomer with 2-mercaptoethanol, polyalkyleneglycol acrylate,
polyalkyleneglycol polyacrylate and 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-propenoate (No. 15312)
Sep. 21, 2013
2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl ester, polymer with polyalkyleneglycol acrylate
(No. 15313)
Sep. 21, 2013
Polyfluoro acrylate, polymer with chloroethene (No. 15314)
Sep. 21, 2013
Polyfluoro acrylate, polymer with chloroethene (No. 15315)
Sep. 21, 2013
2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl ester, telomer with 1-dodecanethiol
and octadecyl 2j-propenoate, CAS Registry No. 1259487-19-8 (No. 16266)
Sep. 21, 2013
2-Propenoic acid, 2-methyl-, polymer with 2-hydroxyethyl 2-methyl-2-propenoate, -(1-oxo-2-propen-1-yl)
-hydroxypoly (oxy-1,2-ethanediyl) and 3,3,4,4,5,5,6,6,7,7,8,8,8tridecafluorooctyl 2-propenoate, sodium salt,
CAS Registry No. 1158951-86-0 (No. 16267)
Sep. 21, 2013
2-Propenoic acid, 2-methyl-, 2-hydroxyethyl ester, polymer with 1-ethenyl-2-pyrrolidinone, 2-propenoic acid
and 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-propenoate, sodium salt, CAS No. 1206450-10-3 (No. 16268)
Sep. 21, 2013
2-Propenoic acid, 2-methyl-, methyl ester, polymer with hydrolyzed poly(vinyl acetate) and polyfluorooctyl acrylate
(No. 15441)
Sep. 21, 2013
* The dates are those on which the final notices or orders were published in the Canada Gazette, Part I
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
14
Following notification, when the assessment of a
new substance identifies a risk to human health or
the environment, CEPA 1999 empowers the Minister
of the Environment to intervene prior to or during
the earliest stages of its introduction into Canada.
In this case, there are three actions that may be
taken. The Minister may:
c) request additional information considered
necessary for the purpose of assessment. The
notifier shall not manufacture or import the
substance until supplementary information or
test results have been submitted and assessed.
If the Minister suspects that a significant new
activity (SNAc) in relation to the substance may
result in the substance’s becoming “toxic,” a SNAc
Notice may be published in the Canada Gazette,
Part I for the substance.
a) permit the manufacture or import of the
substance subject to specified conditions; or
b) prohibit the manufacture or import of
the substance; or
Of 506 notifications received in 2013–2014, the
Minister issued 8 Ministerial Conditions (Table 9),
and no prohibitions.
Table 9: Notices of Ministerial Conditions for new substances from April 2013 to March 2014
Substance
Publication Date*
Poly[oxy(methyl-1,2-ethanediyl)], -sulfo--hydroxy-, C12-13-branched and linear alkyl ethers, sodium salts,
CAS Registry No. 958238-81-8 (No. 17072)
Apr. 6, 2013
Poly[oxy(methyl-1,2-ethanediyl)], -sulfo--hydroxy-, C14-15-branched and linear alkyl ethers, sodium salts,
CAS Registry No. 958238-82-9 (No. 17073)
Apr. 6, 2013
Poly[oxy(methyl-1,2-ethanediyl)], -sulfo--hydroxy-, C16-17-branched and linear alkyl ethers, sodium salts,
CAS Registry No. 958238-83-0 (No. 17074)
Apr. 6, 2013
Amines, N,N,N’-trimethyl-N’-alkyltrimethylenedi, reaction products with sodium chloroacetate (No. 17160)
Jun. 15, 2013
2-Propanone, reaction products with phenol, CAS Registry No. 72161-28-8 (No. 17202)
Jul. 20, 2013
Formaldehyde, reaction products with bishenol A and diethylenetriamine, CAS Registry No. 72361-54-7 (No. 17269)
Nov. 23, 2013
Benzene, 1,1’-(1-Methylethylidene)bis[3,5-dibromo-4-(2,3dibromopropoxy)-, CAS Registry No. 21850-44-2 (No. 17312)
Nov. 30, 2013
Poly[oxy(methyl-1,2-ethanediyl)], -sulfo--hydroxy-, branched alkyl ethers, sodium salts (No. 15543a)**
Dec. 21, 2013
* The dates are those on which the final notices or orders were published in the Canada Gazette, Part I
** Variation to a previous Ministerial Condition
Export Control List
In 2013–2014, 75 export notices were submitted
to the Minister of the Environment. Certain exports
of substances on the ECL require an export permit.
In 2013–2014, two permits were issued by the
Minister of the Environment.
Under Schedule 3 of CEPA 1999, the Export
Control List (ECL) includes substances whose
export is controlled because their use in Canada
is prohibited or restricted, or because Canada has
agreed, through an international agreement that
requires notification or consent of the country of
destination before export, such as the Rotterdam
Convention, to control their export. CEPA 1999
requires exporters to submit prior notice of export
with respect to substances on the ECL.
On March 29, 2014, the Minister of the
Environment published a draft order amending
the ECL to move from one part of the ECL to
another, two substances or groups of substances
that have been added to the Rotterdam Convention.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
15
Table 10: Substances or groups of substances proposed for moving from one part of the ECL to another from April 2013
to March 2014
Substance or Group of Substances
Description
Azinphos-methyl (CAS 86-50-0)
Proposed for addition to Part 1 of the Export Control List
Perfluorooctane sulfonates, perfluorooctane sulfonamides
and perfluorooctane sulfonyles, including:
Proposed for addition to Part 2 of the Export Control List
• Perfluorooctane sulfonic acid (CAS 1763-23-1)
• Potassium perfluorooctane sulfonate (CAS 2795-39-3)
• Lithium perfluorooctane sulfonate (CAS 29457-72-5)
• Ammonium perfluorooctane sulfonate (CAS 29081-56-9)
• Diethanolammonium perfluorooctane sulfonate (CAS 70225-14-8)
• Tetraethylammonium perfluorooctane sulfonate (CAS 56773-42-3)
• Didecyldimethylammonium perfluorooctane sulfonate
(CAS 251099-16-8)
• N-Ethylperfluorooctane sulfonamide (CAS 4151-50-2)
• N-Methylperfluorooctane sulfonamide (CAS 31506-32-8)
• N-Ethyl-N-(2-hydroxyethyl) perfluorooctane sulfonamide
(CAS 1691-99-2)
• N-(2-Hydroxyethyl)-N-methylperfluorooctane sulfonamide
(CAS 24448-09-7)
• Perfluorooctane sulfonyl fluoride (CAS 307-35-7)
2.2
Living Organisms
micro-organisms) undergo a screening assessment
to determine whether the living organism is toxic
or capable of becoming toxic.
Products of biotechnology that are living organisms
are regulated for health and safety purposes by a
variety of federal departments and agencies across
the government. For example, the Canadian Food
Inspection Agency is an important regulator of crop
plants and micro-organisms used in animal feeds,
fertilizers and veterinary biologics. CEPA 1999
sets the federal standard for assessment and risk
management of new and existing living organisms.
Other Canadian legislation meeting this standard is
listed in Schedule 4 of CEPA 1999. Living organisms
imported or manufactured for a use regulated under
one of those acts are exempted from the New
Substances provisions in CEPA 1999. Living
organisms used for other purposes, not covered
by existing federal legislation, are regulated under
CEPA 1999. These include naturally occurring and
genetically modified organisms (such as bacteria,
fungi, viruses and higher organisms) used for various
environmental, industrial and commercial purposes.
2.2.1 Monitoring, Research and Risk
Assessment Activities
Research
Government research on living organisms focuses
on determining hazardous characteristics and the
pathogenicity potential of various biotechnology
microbes in order to support screening assessments.
The research is coordinated jointly with regulators at
Health Canada and Environment Canada and focuses
principally on micro-organisms on the CEPA 1999
Domestic Substances List (DSL).
During 2013–2014, the timeline for completing
screening assessments of CEPA 1999 DSL
micro-organisms was accelerated to March 2016
(originally set for March 2020). Research focused on
supporting the efficient screening assessment of
these micro-organisms. This was done through the
development of more rapid genomic methods for
confirming micro-organism identity and for identifying
determinants of pathogenicity by conducting
organism-specific testing for determining potential
pathogenicity characteristics, and conducting
exposure assays for toxicity assessment.
CEPA 1999 establishes an assessment process for
living organisms that are new animate products of
biotechnology, which mirrors provisions in Part 5
of CEPA 1999 respecting new substances that are
chemicals or polymers. In addition, paragraph 74(b)
of the Act requires that all living organisms on the
Domestic Substances List (about 68 existing
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
16
Risk Assessment of Existing Animate Products
of Biotechnology
In addition, research continued on a number of
subjects, including assessing the exposure effects of
a mixture of micro-organisms used for bioremediation
of oil-contaminated soil and water, and detection of
all microbial species within a microbial consortium.
Data summary reports on several fungi (e.g.,
Aspergillus) and bacteria (e.g., Engerobacter,
Pseudomonas, Bacillus) were completed. Some
of these results have already been incorporated
in screening assessment reports. Ultimately,
the research outputs will be published in
peer-reviewed scientific journals.
Environment Canada and Health Canada
jointly perform the screening assessment of
micro-organisms listed on the Domestic Substances
List. In 2013–2014, draft Screening Assessments
for Bacillus cereus, Pseudomonas fluorescens and
two strains of micro-organisms identified as Priority
C (lower hazard) were published in the Canada
Gazette, Part I for a 60-day public comment period.
The final Screening Assessment of eight strains of
micro-organisms identified as Priority C was also
published in the Canada Gazette, Part I, continuing
the rapid screening approach for lower-priority
organisms (see Table 11). Work continues on the
remaining screening assessments for several other
Domestic Substances List micro-organisms of
high and medium priority.
Risk Assessment of New Animate Products
of Biotechnology
During 2013–2014, 33 notifications were received
and assessed pursuant to the New Substances
Notification Regulations (Organisms) for new animate
products of biotechnology, and 8 notifications were
completed. The remaining notifications are still within
the various stages of the assessment process.
The Technical Expert Group, composed of
independent scientific experts from academia,
industry, public advocacy groups and other federal
government departments, continued providing
advice on the process and validating the scientific
basis of screening assessments and their conclusions.
Table 11: Summary of existing living organisms assessment decisions published from April 2013 to March 2014
(NFA: no further action)
Substances
(and Number of Substances)
Meet s. 64
Criteria
Proposed
Measure
Proposed
Measure*
Pseudomonas fluorescens
No
NFA**
Dec. 7, 2013
Micro-organisms in Lot 2 of Priority C
(2 micro-organisms)
No
NFA
Dec. 7, 2013
Micro-organisms in Lot 1 of Priority C
(8 micro-organisms)
No
NFA
Jan. 12, 2013
Bacillus cereus
No
NFA**
Jul. 13, 2013
* The dates are those on which the draft and final notices were published in the Canada Gazette, Part I.
** Significant New Activity Notice proposed (see Table 12)
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
17
Final Notice*
Dec. 7, 2013
2.2.2 Risk Management Activities
Significant New Activity Requirements
In 2013–2014, a notice of intent to apply the SNAcs provision was published for two existing living organisms
(Table 12).
Table 12: Significant New Activity Notices of Intent and Orders for existing living organisms from April 2012 to March 2013
Assessment
Substances or
Notice of Intent*
Number of Substances
Final Order*
Bacillus Cereus
1 substance
Jul. 13, 2013
Pending
Pseudomonas fluorescens
1 substance
Dec. 7, 2013
Pending
* The dates are those on which the notices of intent and final orders were published in the Canada Gazette, Part I and Part II, respectively.
In 2013–2014, two new living organisms were subjected to a SNAc Notice (Table 13). No new living organisms
were subjected to Ministerial Conditions or Ministerial Prohibition.
Table 13: Significant New Activity Notices for new living organisms from April 2013 to March 2014
Substance
Notice*
Genetically engineered Atlantic salmon (Salmo salar) containing a single copy of the opAFP-GHc2 transgene
at the EO-1 locus (No. 16528)
Nov. 23, 2013
Pichia species strain (No. 17329)
Jan. 18, 2014
* The dates are those on which the final notices were published in the Canada Gazette, Part I.
2.3
Air Pollution and
Greenhouse Gases
In October 2012, federal, provincial and
territorial environment ministers agreed to begin
implementation of a new national Air Quality
Management System. Under the Air Quality
Management System, the federal government
is responsible for developing/updating outdoor air
quality standards and implementing new industrial
emission requirements using regulatory and
non-regulatory instruments under CEPA 1999. More
ambitious air quality standards for fine particulate
matter and ground-level ozone were published in
the Canada Gazette, Part I, on May 25, 2013. They
will be used by jurisdictions to guide local air quality
management actions and for issuing permits to
industrial facilities. Government officials have begun
developing standards for sulphur dioxide and nitrogen
dioxide, and completion is expected in 2015.
Emissions of air pollutants threaten the health
of Canadians, degrade the environment, contribute
to smog and have associated socio-economic
impacts. While significant progress has been made
in reducing emissions, air pollution continues to
have impacts on health, the environment and
quality of life in Canada. Emissions originate from
numerous domestic sources, such as industry
and transportation, as well as transboundary
transport of air pollution from other countries.
The government began actively addressing air
pollution in the 1970s and 1980s, and continues
to develop, amend and implement regulations under
CEPA 1999 to reduce air pollutant emissions from
vehicles, engines and fuels, and from consumer
and commercial products. In addition, federal air
emission controls apply to a limited number of
industrial sectors such as secondary lead smelters,
vinyl chloride plants, asbestos mines and pulp mills.
A phased-in approach is being taken to implement
the industrial emission requirements. The first
phase of industrial requirements is to be published
in a single, consolidated regulation, the proposed
Multi-Sector Air Pollutants Regulations, which set
emissions limits for industrial boilers and heaters,
stationary spark-ignition engines, and kilns used
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
18
in cement manufacturing facilities. The proposed
regulations will be published in the Canada Gazette,
Part I in spring 2014.
In June 2013, cooperation between the provincial,
territorial and federal governments under the National
Air Pollution Surveillance Program was strengthened
by the completion of a renewed formal Memorandum
of Understanding between the partners.
The government is implementing a sector-by-sector
regulatory approach for greenhouse gases. Regulations
are already in place for two of Canada’s largest
sources of emissions: the transportation sector
and coal-fired electricity generation.
Efforts continued in tandem under the National Air
Pollution Surveillance program and the Canadian Air
and Precipitation Monitoring Network to measure air
quality at urban, rural and regionally representative
sites in order to understand patterns and trends
of specific atmospheric pollutants. The Canadian
Greenhouse Gas Monitoring Network includes
observations of carbon dioxide and other greenhouse
gases (GHGs) from 16 measurement sites across
Canada. Environment Canada contributed or made
available atmospheric monitoring data to the public
on national (e.g., Government of Canada Open Data
Portal) and international (e.g., WMO World Data
Centre for GHGs) databases.
For additional information about emission-reporting
activities, such as the Canadian Environmental
Sustainability Indicators, the National Pollutant
Release Inventory and the National Greenhouse
Gas Inventory Report, visit:
•
www.ec.gc.ca/indicateurs-indicators/default.asp?
lang=En
•
www.ec.gc.ca/inrp-npri/default.asp?lang=En&n=
4A577BB9-1
• www.ec.gc.ca/ges-ghg/default.asp?lang=En&n=
83A34A7A-1
In addition to ongoing data collection and reporting
on a wide range of environmental issues, monitoring
efforts in 2013–2014 also included upgrades to
monitoring technologies, data reporting, data
accessibility and database infrastructure.
2.3.1 Monitoring, Research and Risk
Assessment Activities
For more information about monitoring activities,
visit www.ec.gc.ca/lcpe-cepa/default.asp?lang=
En&n=F79B71E4-1.
Monitoring
In Canada, atmospheric monitoring is carried out
through partnerships and/or collaborations between
the provincial, territorial and federal governments.
Due to the fact that atmospheric issues such as
intercontinental transport of air pollution and the
depletion of the ozone layer are a global concern
and in many instances require global solutions,
partnerships and collaboration with international
organizations and agencies are essential.
Research
Environment Canada undertakes scientific research
that focuses on numerical predication modelling,
measurements and atmospheric chemistry studies
related to air pollutants and GHGs as well as
emissions research and measurements related to
the transportation and fuel sectors. These activities
ensure that policy and regulatory actions are informed
by sound and relevant science and allow decision
makers to evaluate that the measures taken achieve
their intended effects.
Ambient (outdoor) air quality monitoring provides
the foundation for the evaluation of progress relative
to the Canadian Ambient Air Quality Standards (see
below), for health research and for assessments of
the impact of air pollution on Canadians.
Specifically, air quality research efforts help quantify
priority air pollutants and determine trends, improve
and validate air quality predictions both in the near
term and into the future within the global context,
as well as enhance understanding of the impacts
of air pollutant emission sources on Canadians
and the environment.
In 2013–2014, a broad range of monitoring activities
was undertaken in support of the Clean Air Regulatory
Agenda, which focuses on specific pollutants such
as particulate matter, ozone, NOx and SO2 as well
as others.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
19
Environment Canada’s GHG research program
focuses on monitoring and modelling of GHGs to
quantify sources and sinks in a continental and
global context, and to model the climate system
response to changing atmospheric concentrations
of GHGs.
sources and sinks; the role of GHGs in the climate
system; improving analytical tools for assessing
atmospheric aerosols from vehicles; emissions from
heavy-duty diesel engines; atmospheric transport and
deposition of mercury; understanding and predicting
air quality at high resolution in airsheds of particular
interest from a human health or environmental
perspective (e.g., urban); understanding the potential
environmental impact of exhaust emissions from
marine engines with the increase in shipping activity
in the Arctic; understanding the linkages between air
quality and weather; understanding the impact of
specific emissions sources on air quality; renewable
fuels operation in cold temperature; non-criteria
exhaust emissions from new engine technologies;
and health impacts of biodiesel fuels.
Health Canada conducts research and assesses the
health risks of indoor and outdoor air pollutants to
better understand the health impacts posed by these
pollutants. This knowledge is used to inform the
development of government and private sector air
quality management strategies, to support the
analysis of the benefits and costs of government
regulations, and to assist Canadians in taking action
to protect their health.
Health Canada and Environment Canada work jointly
on research that links air pollutants to human health.
Research completed in 2013–2014 included topics
pertaining to health impacts of exposure to particulate
matter (including diabetes, respiratory illness, blood
vessels, hypertension, black carbon, volatile organic
compounds and ammonia emissions from fertilizers)
and indoor air quality.
Health Canada scientists published more than
50 air pollution research papers in 2013–2014.
These included reports on intensive health study
that was conducted in the vicinity of the Sault Ste.
Marie Steel Mill and investigations of the effects
of traffic-related air pollutants on heart disease,
asthma and stroke. Health Canada, Statistics Canada
and Environment Canada scientists published the
largest air pollution cohort study in the world,
showing a relationship between long-term exposure
to air pollution and mortality due to cardiovascular
disease and diabetes, even at relatively low levels
of air pollution. Research studies also supported
the development of Health Canada’s air pollution
information tools: the Air Quality Health Index,
Canada’s platform for air quality forecasts; the Air
Health Indicator, which tracks trends over time; and
the Air Quality Benefits Assessment Tool, which is
used to quantify and monetarize air pollution health
impacts for standard setting, regulatory impact
assessments and other purposes. Several papers
were published on the interaction of air pollution
and weather and the implications to the health of
Canadians. Indoor air studies published during this
year included investigations of the benefits of air
cleaners, and several studies of levels of metals,
phthalates and volatile organic compounds in
indoor environment.
During 2013–2014, a number of research projects
were initiated on topics including effects of long-term
exposure to fine particulate matter on cancer
incidence and mortality in the Canadian Breast
Cancer screening cohort; impact of woodsmoke on
hospital visits; long-term effects of air pollution on
Canadian women; development of a better method
to model dry deposition of atmospheric particles;
and the delivery of an intensive air monitoring
campaign (summer 2013) to measure pollutants
within the airshed management system for
the Alberta oil sands.
Ongoing research continued on a wide range of air
pollution and GHG topics, including health impacts
of exposure to air pollutants from a variety of sources;
health impacts of long-term exposure to air pollutants;
exposure to and better characterization of diesel
exhaust particulate; the effectiveness of the Air
Quality Health Index in small towns and rural areas;
air emissions from refineries/industrial complexes
and children’s respiratory health; characterization
of atmospheric aerosols; exposure to fine particulate
matter and nitrogen dioxide and the related breast
and prostate cancer risks; levels of semi-volatile
organic compounds indoors in residences; GHG
Environment Canada scientists published more
than 100 research papers related to air pollutants
and GHGs in peer-reviewed scientific journals.
Environmental research topics included satellite
measurements of emissions; development and
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
20
evaluation of high-resolution air quality forecasting
models; modelling of global and regional climate
response to GHGs; detection and attribution
analyses of climate change; the carbon cycle in
the Earth system; black carbon (measurements,
characterization, ship emissions), engine or traffic
emissions (furthering understanding of sources and
sinks); hybrid and battery electric vehicle operation;
atmospheric mercury (sources, concentrations,
snowpack, sea ice, deposition); ultrafine particles;
deposition and modelling of atmospheric polycyclic
aromatic hydrocarbons; particle phase organic
compounds; atmospheric aerosols; atmospheric
chemistry; and air mass transport of flame
retardants and pesticides.
• final residential indoor air quality guideline for
naphthalene on June 15, 2013 (www.gazette.
gc.ca/rp-pr/p1/2013/2013-06-15/html/noticeavis-eng.html)
• final residential indoor air quality guideline for
benzene on September 14, 2013 (www.gazette.
gc.ca/rp-pr/p1/2013/2013-09-14/html/noticeavis-eng.html)
Canadian Ambient Air Quality Standards
In 2013–2014, the Ministers of the Environment
and of Health established new, more stringent
health-based Canadian Ambient Air Quality
Standards for particulate matter and ozone under
CEPA 1999 Canada Gazette, Part I, May 2013,
(http://gazette.gc.ca/rp-pr/p1/2013/2013-05-25/
html/notice-avis-eng.html). Findings of the Canadian
Smog Science Assessment completed by Health
Canada and Environment Canada in 2011 guided
the development of these new standards.
Environment Canada scientists participated in a
World Meteorological Organization assessment
of global precipitation chemistry and deposition,
completed in 2013.
Risk Assessment
Health Canada completed a risk assessment of
sulphur dioxide and continued to assess the impacts
of nitrogen dioxide in ambient air and of the health
impacts associated with emissions from the use of
gasoline and diesel fuel in transportation. These
documents will be published between 2014
and 2016.
Vehicle, Engine, Equipment and Fuels Emissions
Canada has implemented and will continue to develop
a series of regulations to reduce GHG emissions and
smog-forming air pollutant emissions from vehicles,
engines and fuels. Currently, there are regulations
in place to reduce emissions from passenger cars,
light-duty trucks, heavy-duty vehicles such as buses
and tractor-trailers, motorcycles, recreational vehicles,
construction and agricultural equipment, and small
engines such as lawnmowers and chainsaws. Canada
has also implemented several fuels regulations to
limit air pollutant emissions such as sulphur. Current
GHG emissions regulations in place cover on-road
heavy-duty vehicles, passenger cars and light-duty
trucks. The Renewable Fuels Regulations also limit
GHG emissions by requiring a certain amount
of renewable content in certain fuels.
2.3.2 Risk Management Activities
Air Quality Guidelines
The Residential Indoor Air Quality Guidelines
summarize the health risks posed by specific indoor
pollutants, based on a review of the best scientific
information available at the time of the assessment.
They summarize the known health effects, detail the
indoor sources and provide a recommended exposure
level below which health effects are unlikely to occur.
When it is not feasible to establish a numeric
guideline, guidance documents are developed.
Both guideline and guidance documents provide
recommendations on strategies to reduce
exposure to pollutants.
Greenhouse Gas Emissions Regulations
Canada currently has regulations in place for
heavy-duty vehicles for 2014 model years and
beyond. The final Heavy-Duty Vehicle and Engine
Greenhouse Gas Emission Regulations were published
on March 13, 2013 in the Canada Gazette, Part II
and establish progressively more stringent standards
over the 2014–2018 model years in alignment
with the United States. Throughout 2013–2014,
In 2013–2014, the Minister of Health published
the following notices regarding indoor air quality
guidelines in the Canada Gazette, Part I:
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
21
Environment Canada continued to work with the U.S.
to align transportation emission regulations and
remained committed to reducing pollutants from
the transportation sector through the Canada–U.S.
Air Quality Agreement.
Renewable Fuels Regulations
On January 1, 2013, Environment Canada began
implementation of the Renewable Fuels Electronic
Reporting system, which will enable the regulated
community to submit electronically the information
required under the Renewable Fuels Regulations.
The first set of compliance period reports were
submitted by renewable fuel producers and
importers using the electronic reporting system
in February 2013. The remaining compliance
reports, from petroleum producers and importers
and trading system participants, were submitted
in April, and audit reports from all regulated parties
were submitted by June 30, 2013. Compliance
verification of the data submitted is ongoing.
Also in alignment with the United States, the
proposed amendments to the current Passenger
Automobile and Light Truck Greenhouse Gas
Emission Regulations were published in the Canada
Gazette, Part I on December 8, 2012. The purpose
of the amendments is to further limit GHG emissions
from new cars and light trucks beginning with the
2017 model year, building on the existing regulations
for model years 2011 to 2016. Over the lifetime
operation of the 2017 to 2025 model year vehicles,
the proposed regulations are projected to deliver
additional GHG reductions of 162 megatonnes,
roughly equivalent to one year of GHG emissions
from Canada’s entire transportation sector.
Throughout 2013–2014, Environment Canada
undertook extensive consultations with industry
stakeholders, provinces and territories to inform
the development of the final regulations.
On November 6, 2013, Environment Canada
published an amendment to the Renewable Fuels
Regulations allowing a permanent national exemption
from the 2% renewable content requirement in
home heating oil, as well as a six-month extension
to the exemption from the 2% renewable content
requirement for diesel fuel for Canada’s
Maritime provinces.
Also in 2013, the Minister of the Environment
made an Interim Order modifying the operation
of the regulations for model years 2011 to 2016
in order to maintain alignment with evolving U.S.
regulations and while the Canadian regulations
are being amended.
These measures were implemented to mitigate
potential cost increases for Canadians who use
oil to heat their homes and to provide flexibility
for suppliers operating in the Maritime provinces
to make adjustments required to comply with
the Regulations.
The Renewable Fuels Regulations, combined with
provincial regulations, were originally expected to
lead to cumulative GHG emissions reductions of
approximately 4 megatonnes per year once fully
implemented. Removing heating oil from the
Regulations will impact these GHG reductions,
but the impact is expected to be less than a tenth
of a megatonne per year.
Air Pollutant Emissions Regulations
On June 8, 2013, Environment Canada published
a Notice of Intent to develop regulations to further
limit emissions of smog-forming air pollutants from
new cars and light trucks and to reduce the sulphur
content of gasoline, in alignment with recent U.S.
Tier 3 standards that will take effect beginning in
2017. The establishment of the more stringent
Tier 3 standards will require amendments to the
On-Road Vehicle and Engine Emission Regulations
and the Sulphur in Gasoline Regulations. The Notice
of Intent, published in Canada Gazette, Part I,
provided an opportunity to initiate early consultations
with provincial, territorial and Aboriginal governments,
industry and other stakeholders in order to seek
input that is taken into account in the development
of these proposed amending regulations.
Vehicle and Engine Compliance Program
Environment Canada administers a program
to verify compliance with the following vehicle
and engine regulations:
• Heavy-duty Vehicle and Engine Greenhouse Gas
Emission Regulations;
•
Marine Spark-Ignition Engine, Vessel and Off-Road
Recreational Vehicle Emission Regulations;
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
22
• Off-Road Compression-Ignition Engine
Emission Regulations;
worked in collaboration with manufacturers and
importers on 12 specimens as part of the Joint
Engineering Evaluation; reviewed 406 submissions
for products unique to the Canadian market for
the 2013 and 2014 model years; and optimized
resources in sharing data and test specimens with
Transport Canada and the U.S. EPA. During this
period, 39 notices of defect and other notifications
were processed, affecting almost 200 000 vehicles
and engines.
• Off-Road Small Spark-Ignition Engine
Emission Regulations;
• On-Road Vehicle and Engine Emission
Regulations; and
• Passenger Automobile and Light Truck
Greenhouse Gas Emission Regulations.
The administrative requirements for companies
subject to the Regulations include, but may not be
limited to, the submission of importation declarations,
evidence of conformity and annual end-of-model-year
reports as well as the obligation to submit notices of
defects and the provision of maintenance instructions.
Some of the emissions regulations require companies
to submit an annual report to demonstrate compliance
with the regulations and to enable the Department
to monitor the emissions performance of new vehicles
offered for sale in Canada. These reports also permit
the Department to track emissions credits/deficits.
During 2013–2014, over 150 reports were submitted.
Environment Canada technical experts also worked
in collaboration with enforcement officers, providing
technical expertise and contributing to enforcement
training sessions across the country. In 2013 and
2014, technical experts participated in 24 field
inspections across Canada as part of the Enforcement
SPARK Project. See Section 4 for detailed information
on compliance and enforcement activities.
Electricity Greenhouse Gas Emission Regulations
The first requirement under the Reduction of Carbon
Dioxide Emissions from Coal-fired Generation
Electricity Regulations was for companies to register
their covered units by February 1, 2013. As of
March 31, 2014, 9 companies had registered
44 units.
The Department also published the NOx fleet
average Performance Report for the 2011 model
year fleet, which covers passenger cars and
light trucks: www.ec.gc.ca/lcpe-cepa/default.
asp?lang=En&n=F6AC8DAA-1.
The Regulations set a stringent performance
standard of 420 tonnes of CO2/GWh of electricity
produced for new coal-fired electricity generation
units and old units that have reached the end of
their useful life. The performance standard will
come into effect on July 1, 2015.
Environment Canada also continued to develop its
Vehicle and Engine Emissions Reporting Registry
(VEERR), an electronic online tool to enable automakers to electronically submit their regulatory
reports prescribed under the Passenger Automobile
and Light Truck Greenhouse Gas Emission
Regulations. Data collected through the VEERR
system also assists Natural Resources Canada to
collect and compile the fuel consumption guide.
In 2013–2014, Environment Canada initiated work
to expand the functionality of the system to collect
regulatory reports for heavy-duty vehicle GHGs and
for air pollutant regulations.
Pollution Prevention Planning
In 2013–2014, one P2 Planning Notice relating to
air pollution continued to be active, covering base
metal smelters and refineries, and zinc plants.
Information about the notice and performance
results is available online (www.ec.gc.ca/planp2p2plan/default.asp?lang=En&n=BCAA1E501
#X-201211061451252).
In 2013–2014, Environment Canada performed
a total of 116 emission tests on various types
of vehicles and engines; tested four motorcycles
following the delivery of U.S. EPA Test Orders;
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
23
Environmental Performance Agreements
Research
In 2013–2014, an Environmental Performance
Agreement with Rio Tinto Alcan concerning
atmospheric emissions of polycyclic aromatic
hydrocarbons was ongoing. Information about
the agreement and updates is available online
(www.ec.gc.ca/epe-epa/
defaultasp?lang=En&n=5BE979CD1#X-201006160806394).
Both Health Canada and Environment Canada
continued their water quality research activities.
Health Canada conducts research on drinking water
quality in support of the Guidelines for Canadian
Drinking Water Quality. Environment Canada’s
research included analytes in wastewater treatment
plant influent and effluent; the environmental fate
of azo benzidine compounds and their transformation
products; and organophosphorus flame retardants in
a variety of environmental compartments; biotoxins
in algal blooms in the St. Lawrence River; degradation
products from pharmaceuticals in surface waters;
impacts of municipal effluents on wild fish in the
St. Lawrence River; contaminant levels and toxicity
in a system impacted by an abandoned mining
facility; bioaccumulation and toxicity of cobalt and
selenium under varying water quality parameters.
2.4
Water Quality
Water quality is affected in many ways, including
by nature's own patterns. The water quality of rivers
and lakes changes with the seasons and geographic
areas, even when there is no pollution present. It is
also affected by human development, including
disposal of human wastes, animal wastes and
chemical substances into the environment.
Health Canada continued research to develop
methods for measuring disinfection by-products
of emerging concern in drinking water.
Water quality is a shared responsibility with provinces
and territories. The federal government addresses
water quality under various statutes including the
Fisheries Act. Work on water quality under CEPA
1999 includes scientific research, monitoring
and leadership on the development of guidelines
for water quality.
2.4.2 Risk Management Activities
2.4.1 Monitoring, Research and Risk
Assessment Activities
In addition to the activities listed below, risk
management actions included in Section 2.1
on toxic substances also contribute to the overall
improvement of water quality (e.g., the Guidelines
for the Reduction of Dyes [MAPBAP Acetate]
Released from Pulp and Paper Mills).
Monitoring
Drinking Water Quality Guidelines
In addition to data collection and reporting on a
wide range of environmental issues, monitoring
efforts in 2013–2014 included upgrades to
monitoring technologies and to data reporting
and database infrastructure.
Health Canada works in collaboration with the
provinces and territories to develop the Guidelines
for Canadian Drinking Water Quality and their
technical documents. Priorities for developing
guidelines are also established in consultation
with the provinces and territories and are based
on a national perspective.
The targeted survey of selected emerging disinfection
by-products in Canadian drinking water systems
from source waters with high saline content was
completed, and results are currently being compiled.
Health-based guideline values are developed for
drinking water contaminants that are found or
expected to be found in drinking water supplies
across Canada at levels that could lead to adverse
health effects.
For more information about monitoring activities,
visit www.ec.gc.ca/lcpe-cepa/default.asp?lang=
En&n=F79B71E4-1.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
24
Guidance documents are also developed in relation to
the Guidelines for Canadian Drinking Water Quality to
provide general operational or management guidance
related to specific drinking water issues (such as
boil-water advisories) or to make risk assessment
information available when a guideline is not deemed
necessary (such as potassium from water softeners).
The Guidelines for Canadian Drinking Water Quality
are used by all provinces and territories as a basis
to establish their own regulatory requirements
regarding the quality of drinking water in their
jurisdictions.
Table 14 lists the guidelines that were completed
or in progress in 2013–2014.
Table 14: Guideline documents for Canadian drinking water quality from April 2013 to March 2014
Finalized – publication pending
In Progress
• Ammonia
• Nitrate
• Nitrite
• 1,2-dichloroethane
• Selenium
• Tetrachloroethylene
• Toluene, ethylbenzene and xylenes
• pH
• Chromium
• Benzo(a)pyrene
• Lead
• Bromate
• Manganese
• Microcystins
• Uranium
• Copper
• PFOS/PFOA
• Atrazine
• 2,4-dichlorophenoxylacetic acid
• Total organic carbon
• Enteric viruses
2.5
2.5.1 Monitoring, Research and Risk
Assessment Activities
Waste
Waste generally refers to any material, non-hazardous
or hazardous, that has no further use, and which is
managed at recycling, processing or disposal sites.
Disposal at Sea Site Monitoring Program
As required by CEPA 1999, representative disposal
at sea sites are monitored to verify that permit
conditions are met, and that scientific assumptions
made during the permit review and site selection
process are correct and sufficient to protect the
marine environment. By monitoring disposal sites,
Environment Canada is able to verify that the
permitting of disposal is sustainable and that permit
holders can have continued access to suitable sites.
Where monitoring indicates a problem or where the
site has reached its capacity over time, management
action in the form of closing, moving or altering
the site use can occur.
In Canada, the responsibility for managing and
reducing waste is shared among the federal,
provincial, territorial and municipal governments.
Municipal governments are responsible for collecting
and managing waste from homes for recycling,
composting and disposal, while provincial and
territorial authorities are responsible for the approval,
licensing and monitoring of waste management
operations.
For its part, Environment Canada exercises
responsibilities with respect to international and
interprovincial movements of hazardous waste and
hazardous recyclable material, releases of toxic
substances to the air, land and water, disposal
at sea, and waste management activities on
federal lands.
In 2013–2014, monitoring projects were completed
at 16 ocean disposal sites nationally (or 19% of
actively used sites).
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
25
Environment Canada’s Quebec Region carried out
hydroacoustic surveys at eight disposal sites, two at
sites in the Îles-de-la-Madeleine and six in Gaspésie,
representing almost half of the most-used sites in the
region. All the surveys showed that dredged material
had been deposited within the authorized zones, that
the volumes of dredged sediment still in place at the
disposal sites matched the volumes reported by the
proponents, and that management measures put in
place remained adequate. The six surveys in Gaspésie
also showed that the disposal sites were stable for
the long term and no management measures were
needed. The two sites in Baie de Plaisance, in the
Îles-de-la-Madeleine, required management action,
one because of the presence of a commercial species
and the other for ship safety. Both disposal sites were
closed and a new disposal site will be designated to
replace the two sites in question.
2.5.2 Risk Management Activities
Environment Canada’s Atlantic Region monitored
five disposal sites. This included assessing the
dispersiveness of a fisheries waste disposal site
located in a small fishing community in Labrador and
post-disposal bathymetric surveys at two dredged
material disposal sites in Nova Scotia. The bathymetric
surveys were conducted primarily for compliance
purposes, with results demonstrating consistency
with permit requirements. Long-term monitoring
was initiated at an intertidal dredged material disposal
site in Prince Edward Island to assess the potential
for minor improvements to avian habitat, and at a
shoreline confined-disposal facility in Nova Scotia
to assess long-term structural stability. Activities
at these sites in 2013–2014 consisted of collection
and interpretation of high-resolution aerial imagery.
Canada implements its international obligations
as a party to the Basel Convention on the Control
of Transboundary Movements of Hazardous Wastes
and their Disposal (Basel Convention), the OECD
Decision on the Control of Transboundary Movement
of Wastes Destined for Recovery Operations, and
the Canada–United States Agreement on the
Transboundary Movement of Hazardous Waste
through the Export and Import of Hazardous Waste
and Hazardous Recyclable Material Regulations
(EIHWHRMR) and the PCB Waste Export
Regulations, 1996.
In addition to the activities listed below, risk
management actions described in Section 2.1
on toxic substances also contribute to the overall
improvement of waste management.
Controlling the Movement of Hazardous Waste
and Hazardous Recyclable Material
CEPA 1999 provides authority to make regulations
governing the export, import and transit of waste
(including both hazardous and non-hazardous
waste) and hazardous recyclable materials. It also
provides authority to establish criteria for refusing
an export, import or transit permit, should the waste
or hazardous recyclable material not be managed
in a manner that will protect the environment
and human health.
In 2013,2 Environment Canada processed more
than 2 050 notices for proposed imports, exports
and transits of hazardous wastes and hazardous
recyclable materials under the EIHWHRMR. The
notices received covered 17 004 individual waste
streams, which exhibited a range of hazardous
properties such as being flammable, acutely toxic,
oxidizing, corrosive, dangerously reactive and
environmentally hazardous. Approximately
40 600 individual transboundary shipments
of hazardous waste and hazardous recyclable
material were reported in movement documents
received by Environment Canada.
Environment Canada’s Pacific Region undertook
monitoring at two disposal sites in October 2013,
Point Grey and Five Finger. Benthic invertebrate
sampling and processing was conducted. Surficial
sediment samples were also collected for analysis
for trace metals, polycyclic aromatic hydrocarbons,
PCBs, particle size, moisture, total organic nutrients,
and total organic carbon. Sediment was collected
at representative stations for the purposes of toxicity
testing. Monitoring results are being compared with
National Screening Levels to determine compliance
with the Disposal at Sea Regulations. The results
of the surveys will support Environment Canada in
disposal site management and will contribute to a
better understanding of the effects related to disposal
activities both at the disposal sites and adjacent areas.
2 Due to timelines associated with data processing, export and
import quantities set out in this section of the report represent
actual movement values that took place during the 2013 calendar
year (from January 1, 2013, to December 31, 2013).
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
26
More than 99% of imports and 98% of exports of
hazardous waste and hazardous recyclable materials
occurred between Canada and the United States.
The United States is the only country that received,
from Canada, shipments of hazardous wastes
destined for disposal. The majority of hazardous
recyclable materials that were not imported from
the United States came from Nigeria, France and
the United Kingdom. The hazardous recyclable
materials that were not exported to the United
States went to Germany, Belgium, Republic of
Korea and Mexico.
11 000 t or 2% from the 2012 figure. Shipments
exported for recycling totalled 422 388 t and
represented about 82% of all exports in 2013.
Spent sulphuric acid, wastes from the manufacture,
formulation and use of wood-preserving chemicals,
wastes from oil/water or hydrocarbon/water mixtures
or emulsions, aluminum dross and lead-acid
batteries made up the majority of hazardous
recyclable material exported abroad for recycling.
Hazardous wastes exported in greater quantities
included corrosive liquids, waste acidic or basic
solutions, aluminum dross and waste from oil/water
or hydrocarbon/water mixtures or emulsions.
The quantity of hazardous waste and hazardous
recyclable material imported into Canada was
435 951 tonnes (t) in 2013. This represents an
increase of more than 90 000 t or 26% over the
total 2012 import quantity. Shipments destined for
recycling totalled 245 110 t and represented about
56% of all imports in 2013. Hazardous recyclable
material imported into Canada in greater quantities
were batteries filled with acid, hydraulic fluids that
contain metals, wastes having metals or metal
carbonyl as constituents, and corrosive fluids.
Hazardous wastes imported in greater quantities
included wastes having metal constituents,
waste containing halogenated organic solvents,
unhalogenated solvents and wastes that contain
or are contaminated with cyanides.
Imports of hazardous recyclable materials in 2013
were shipped to five provinces: Quebec, Ontario,
New Brunswick, British Columbia and Alberta.
Except for New Brunswick, all of these also
received waste for final disposal.
Exports of hazardous recyclable materials in 2013
originated from seven provinces: Quebec, Ontario,
New Brunswick, British Columbia, Alberta, Manitoba
and Saskatchewan. Except for Saskatchewan,
exports of hazardous wastes for final disposal also
originated from these same provinces.
Tables 15 and 16 list the quantities imported
and exported from 2005 to 2013.
The quantity of hazardous waste and hazardous
recyclable materials exported was 516 174 t in
2013. This represents an increase of approximately
Table 15: Hazardous waste and hazardous recyclable material, imports, 2005–2013 (tonnes)
2005
2006
2007
2008
2009
2010
2011
2012
2013
Recyclables
174 983
164 903
237 141
262 337
221 778
217 663
243 491
243 434
245 110
Total imports
476 416
408 839
497 890
532 727
490 169
364 162
394 786
345 230
435 951
2012
2013
Table 16: Hazardous waste and hazardous recyclable material, exports, 2005–2013 (tonnes)
2005
2006
2007
2008
2009
2010
2011
Recyclables
226 380
374 024
358 896
365 468
315 631
357 627
374 207
413 614
422 388
Total exports
327 746
474 538
460 497
482 680
420 865
428 367
460 707
505 461
516 174
Please note that data are revised periodically as new information becomes available. Therefore, information presented here may differ from
what was previously published in other reports.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
27
Disposal at Sea
Following many years of work by Canada and other
Parties, an amendment to the London Protocol was
adopted by consensus of the Parties in October
2013 under the Chairmanship of Canada. The
amendment is designed to create a global approach
for ocean fertilization and potentially for other forms
of marine geo-engineering where there is potential
to cause harm to the marine environment. Parties,
including Canada, will now need to look at ratifying
the amendment to ensure domestic consistency
with the London Protocol within the next few years.
Cooperation with other bodies that are concerned
with geo-engineering, including the Convention on
Biological Diversity, is ongoing.
Under the Act, most types of disposal of waste at
sea in areas of the sea within Canadian jurisdiction
and by Canadian ships in Canadian jurisdiction and
in international waters requires a permit issued by
Environment Canada.
The CEPA 1999 disposal at sea rules implement
the London Convention and the Protocol to the
London Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter.
A permit for disposal at sea will generally be issued
only if it is the environmentally preferable and
practical option. CEPA 1999 provides additional
controls on disposal at sea, including:
Disposal at Sea Permits
• a prohibition on the export of a substance
for disposal in an area of the sea under
the jurisdiction of a foreign state or in its
internal waters;
In 2013–2014, 84 permits were issued in Canada
for the disposal of 5.8 million tonnes of waste and
other matter (tables 17 and 18), compared with
91 permits for the disposal of 3.97 million tonnes
in 2012–2013. Most of the material permitted for
disposal was dredged material that was removed
from harbours and waterways to keep them safe for
navigation. Also permitted was excavated native till
(geological matter) that is disposed of at sea in the
lower mainland of British Columbia, where on-land
disposal options for clean fill are extremely limited.
Fish-processing waste is also permitted in remote
communities where there is no access to
reuse-and-recycling opportunities.
• a list of six substances for which a disposal
at sea permit can be obtained (Schedule 5
of CEPA 1999);
• an assessment framework for reviewing permit
applications based on the precautionary principle,
which must be followed (Schedule 6 of CEPA
1999); and
• a statutory obligation to monitor selected sites.
For further information, consult www.ec.gc.ca/
iem-das.
Table 17: Disposal at sea quantities permitted
(in tonnes) and permits issued in Canada from
April 2013 to March 2014
Canada and other parties to the London Convention
and Protocol have been working to reduce barriers
to compliance with the treaty. Workshops, guidance
and technical assistance are offered to countries
to aid their acceding to the London Protocol or to
coming into compliance with it. In 2013, Canada
participated in a workshop in Argentina for Latin
American countries aimed at promoting accession
to the Protocol.
Material
Dredged material
Geological matter
Fisheries waste
Vessels
Organic matter
Total
Canada participates actively in the development of
international guidance relevant to disposal at sea.
Current projects include developing best practices
for disposal related to offshore mining wastes and
developing low-tech assessment guidance for
dredged material. Guidance on dredge material
assessment was completed in 2013–2014.
Quantity
permitted
4 702 750*
1 040 000*
58 005
–
–
5 800 755
Permits issued
39
7
38
–
–
84
* Dredged material and geological matter were converted to
tonnes using an assumed density of 1.3 tonnes per cubic metre.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
28
Table 18: Disposal at sea quantities permitted (in tonnes) and permits issued by region from April 2013 to March 2014
Atlantic
Quebec
Prairie and Northern
Material
Quantity
permitted
Permits
issued
Quantity
permitted
Permits
issued
Dredged material*
Geological matter*
Fish waste
Vessels
Organic matter
Total
1 300 650
0
56 855
–
–
1 357 505
12
0
35
–
–
47
647 400
0
1 150
–
–
648 550
8
0
3
–
–
11
Quantity
permitted
0
0
0
–
–
0
Pacific and Yukon
Permits
issued
Quantity
permitted
Permits
issued
0
0
0
–
–
0
2 754 700
1 040 000
0
–
–
3 794 700
19
7
0
–
–
26
* Dredged material and geological matter were converted to tonnes using an assumed density of 1.3 tonnes per cubic metre.
2.6
Environmental Emergencies
access to a database containing basic information
about persons or places (e.g., company names
and addresses) that are subject to the Regulations.
Part 8 of CEPA 1999 addresses the prevention of,
preparedness for, response to and recovery from an
uncontrolled, unplanned or accidental releases into
the environment of substances that pose potential
or actual harm to the environment or danger to
human life or health. Part 8 provides the authority,
among other things, for making regulations, guidelines
and codes of practice. Part 8 also establishes a
regime that makes the person who owns or has the
charge, management or control of such a substance
liable for restoring the damaged environment and
for the costs and expenses incurred in responding
to an environmental emergency.
As of March 31, 2014, approximately 4700 regulatees
had filed Notices Regarding the Identification of
Substance and Place under the E2 Regulations. Of
these regulatees, approximately 2900 were required
to prepare E2 plans. The 7 most commonly identified
substances were propane, anhydrous ammonia,
butane, pentane, gasoline, hydrochloric acid
and chlorine.
In 2013–2014, Environment Canada regional
activities associated with the implementation of
the E2 Regulations included hosting workshops
and site visits for the regulated community, covering
prevention, preparedness and response aspects for
propane, tetrachloroethylene and ammonia, among
other substances. Other themed workshops addressed
E2 plan content and exercise design.
The Environmental Emergency Regulations (referred
to as the E2 Regulations) are made under Part 8
of CEPA 1999. The Regulations require any person
responsible for quantities, as specified in the
Regulations, for substances listed in the Regulations,
located at a place in Canada, to notify the Minister
of the Environment in respect of those quantities
and to prepare, document, implement, exercise and
update an environmental emergency plan (E2 plan)
for the place where the substance is located, if the
total quantity of the substance on location including,
if some or all of the substance is in a storage
container, the maximum capacity of the storage
container is equal to or greater than the regulated
threshold quantity for the substance.
Environment Canada conducted preliminary public
consultations in 2013–2014 in preparation for
potential regulatory amendments. Using online
surveys, webinars and meetings, Environment
Canada solicited comments from current regulatees,
potential future regulatees, Aboriginal communities
and other interested parties on a number of potential
amendments related to improving the protection of
the environment and humans, improving the clarity
and effectiveness of the E2 Regulations, and
harmonizing the E2 Regulations with existing
laws and regulations.
Environment Canada’s Environmental Emergencies
website (www.ec.gc.ca/ee-ue/default.asp?lang=
En&n=8A6C8F31-1) includes implementation
guidelines for E2 plans, a common issues section and
online notice filing. The website also provides public
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
29
3
Administration, Public Participation and Reporting
3.1
○○ order applying the SNAc provisions
to 56 substances on the Domestic
Substances List,
○○ proposed order to add 40 petroleum
and refinery gases under Stream 1 of
the Petroleum Sector Stream Approach
to Schedule 1,
○○ final order adding PFOA and PFCA
to Schedule 1,
○○ proposal to amend the volatile organic
compound definition on Schedule 1,
○○ guidelines for MAPBAP acetate,
○○ risk management instruments for PBDEs,
○○ state of the science report of DEHA, and
○○ notices with respect to certain
selenium-containing substances
and certain phthalate substances;
Federal, Provincial,
Territorial Cooperation
Part 1 of CEPA 1999 requires the Ministers to
establish the National Advisory Committee, composed
of one representative for the federal Minister of the
Environment and one for the federal Minister of
Health, representatives from each province and
territory, and not more than six representatives
of Aboriginal governments from across Canada.
Part 1 also allows the Minister of the Environment
to negotiate an agreement with a provincial or
territorial government, or an Aboriginal people,
with respect to the administration of the Act. It also
allows for equivalency agreements, which suspend
the application of federal regulations in a province
or territory that has equivalent regulatory provisions.
• amendments to Schedule 3, the ECL, including
the addition of the pesticide Endosulfan;
3.1.1 National Advisory Committee
• Report on Human Biomonitoring of
Environmental Chemicals in Canada;
The National Advisory Committee provides a forum
for provincial, territorial and Aboriginal governments
to advise the Ministers on certain actions being
proposed under the Act, enables national cooperative
action, and seeks to avoid duplication in regulatory
activity among governments. The committee is
provided opportunities to advise and comment
on initiatives under the Act.
•
notice of publication of the Export of Substances
on the Export Control List Regulations;
• notice of publication of the reviewed 2011
and the 2012 National Pollutant Release
Inventory Data;
• opportunity to advise on proposed amendments
to the Environmental Emergencies Regulations
and the proposed multi-sector air pollutant
regulations;
To carry out its duties in 2013–2014, the CEPA
National Advisory Committee (NAC) held two
teleconference meetings, and the NAC Secretariat
corresponded regularly with committee members
regarding various federal initiatives implemented
under CEPA 1999. These initiatives included:
• notice of intent to develop regulations to further
limit smog-forming emissions from new cars and
light trucks and to reduce the sulphur content
of gasoline;
• updates on the implementation of Canada’s
CMP, including various risk assessment and risk
management activities of the CMP, including:
• national targets for the Code of Practice for
Environmental Management of Road Salts; and
○○ draft screening assessment reports
for over 300 substances,
○○ final assessment reports for over
60 substances,
○○ final decisions on 533 substances
that underwent a rapid screening,
•
notice of the publication of the Canadian Ambient
Air Quality Standards for PM2.5 and ozone.
For more information, please consult www.ec.gc.ca/
ceparegistry/gene_info/nac.cfm.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
30
3.1.2Federal-Provincial/
Territorial Agreements
Memorandum of Understanding between Canada
and Quebec
Memoranda of Understanding and/or Administrative
Agreements concerning the pulp and paper sector
have been in place between Quebec and the
Government of Canada since 1994. The parties
currently cooperate through a Memorandum of
Understanding for data collection that is in effect
until March 2015, whereby Quebec continues to
provide a single data-entry portal for regulatees
for the following federal regulations:
Canada–Ontario Agreement Respecting
the Great Lakes Basin Ecosystem
Since 1971, Canada and Ontario have worked
together through the Canada–Ontario Agreement
Respecting the Great Lakes Basin Ecosystem
(www.ec.gc.ca/grandslacs-greatlakes/default.
asp?lang=En&n=B903EE0D-1). This agreement
guides the efforts of Canada and Ontario in achieving
a healthy, prosperous and sustainable Great Lakes
Basin ecosystem for present and future generations,
and is an important mechanism for implementing
Canada’s obligations under the Great Lakes Water
Quality Protocol of 2012, which amended the
Canada–United States Great Lakes Water Quality
Agreement (www.ec.gc.ca/grandslacs-greatlakes/
default.asp?lang=En&n=45B79BF9-1).
• Pulp and Paper Mill Effluent Chlorinated
Dioxins and Furans Regulations made pursuant
to CEPA 1999;
• Pulp and Paper Mill Defoamer and Wood Chip
Regulations made pursuant to CEPA 1999; and
• Pulp and Paper Effluent Regulations made
pursuant to the Fisheries Act.
In 2013–2014, Canada and Ontario continued
to collaborate on work to protect and restore the
Great Lakes while continuing to negotiate a new,
expanded agreement, entitled Canada–Ontario
Agreement on Great Lakes Water Quality and
Ecosystem Health (COA). The new draft COA
covers a broad range of issues of importance to
the restoration and protection of Great Lakes water
quality and is aligned to meeting the commitments
articulated in the Canada–U.S. Great Lakes Water
Quality Protocol of 2012.
During this reporting period, 48 reports produced
by pulp and paper facilities in Quebec were examined to verify that the facilities were in compliance
with the applicable regulations.
Canada–Saskatchewan
Administrative Agreement
The Canada–Saskatchewan Administrative
Agreement, in force since September 1994,
is a work-sharing arrangement covering certain
provincial legislation and seven CEPA 1999
regulations, including two regulations related to
the pulp and paper sector, two regulations on
ozone-depleting substances and two regulations
on PCBs. There were no prosecutions under these
regulations in Saskatchewan under this agreement
in 2013–2014; however, there were two open
investigations under the PCB Regulations, of which
one is currently being prosecuted before the courts.
There were also two written warnings issued under
the PCB Regulations.
In recognition of the commitments related to
Harmful Pollutants under the new draft Canada–
Ontario Agreement on Great Lakes Water Quality
and Ecosystem Health, Environment Canada and
the Ontario Ministry of the Environment have hired
a consultant to summarize past and current research,
monitoring and risk management activities and
achievements on chemicals identified as Tier I and
Tier II under previous Canada–Ontario agreements.
In addition, during 2013–2014, a range of chemical
risk management initiatives were delivered under
the CMP, as described elsewhere in this report, that
supported implementation of the draft Harmful
Pollutants Annex Goals under the new draft COA.
These included continuing efforts towards the
sound management of chemicals in the Great
Lakes through the reduction of releases and
the enhancement of knowledge to mitigate risk.
To view the agreement, consult www.ec.gc.ca/ee-ue/
default.asp?lang=En&n=91B094B6-1.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
31
Canada–Alberta Equivalency Agreement
protecting and enhancing the environment, which
includes closer cooperation in fieldwork and capacity
development (e.g., training and information sharing).
During 2013–2014, a number of joint field
operations were initiated, including a pan-Atlantic
review of the scrap metal sector.
CEPA 1999 provides for the entering into
equivalency agreements where provincial or
territorial environmental legislation has provisions
that are equivalent to the provisions of regulations
made under the Act. The intent of an agreement
is to eliminate the duplication of environmental
regulations. As a result of the 1994 Agreement on
the Equivalency of Federal and Alberta Regulations
for the Control of Toxic Substances, the following
CEPA 1999 regulations, or parts thereof, do not
apply in Alberta:
Environmental Occurrences
Notification Agreements
Federal, provincial and territorial laws require, in
most cases, notification of the same environmental
emergency or environmental occurrence, such as an
oil or chemical spill. To reduce duplication of effort,
Environment Canada and Fisheries and Oceans
Canada entered into environmental occurrences
notification agreements with the governments of
British Columbia, Alberta, Saskatchewan, Manitoba,
Ontario, the Northwest Territories and Yukon.
• Pulp and Paper Mill Effluent Chlorinated Dioxins
and Furans Regulations (all sections);
• Pulp and Paper Mill Defoamer and Wood Chip
Regulations [4(1), 6(2), 6(3)(b), 7 and 9];
• Secondary Lead Smelter Release Regulations
(all sections); and
These notification agreements are supported by the
Release and Environmental Emergency Notification
Regulations under CEPA 1999 and the Deposit
out of the Normal Course of Events Notification
Regulations under the Fisheries Act.
• Vinyl Chloride Release Regulations, 1992
(all sections).
There are no longer any operating vinyl chloride
plants or lead smelters in Alberta, and therefore
there are no compliance issues to report under the
Vinyl Chloride Release Regulations, 1992 or the
Secondary Lead Smelter Release Regulations.
The purpose of the notification agreements is to
establish a streamlined notification system for
persons required to notify federal and provincial/
territorial governments of an environmental emergency
or environmental occurrence. Under these notification
agreements, 24-hour authorities operating for the
provinces and territories receive notifications of
environmental emergencies or environmental
occurrences, on behalf of Environment Canada,
and transfer this information to the Department.
Alberta Environment indicated that, in 2013–2014,
there were no reported violations by the four pulp
and paper mills regulated under the pulp and
paper regulations.
For more information about the agreement, consult
www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=
5CB02789-1.
In 2013–2014, Environment Canada continued to
work with its provincial and territorial counterparts
to implement the notification agreements. This
work included the establishment of management
committees and the development of standard
operating procedures for the collection and
processing of notifications of environmental
occurrences.
Memorandum of Understanding on Environmental
Cooperation in Atlantic Canada
The five-year Memorandum of Understanding on
Environmental Cooperation among the federal Minister
of the Environment and the Ministers responsible
for the environment in the four Atlantic provinces
expired in June 2013. Efforts are proceeding to
establish a new agreement between the parties to
continue to cooperate and collaborate in preserving,
To view the notification agreements, consult
www.ec.gc.ca/lcpe-cepa/default.asp?lang=
En&n=5200AB4B-1.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
32
3.2
Public Participation
• the proposed risk management instrument for
products containing polybrominated diphenyl
ethers (PBDEs) (September 2013)
3.2.1 CEPA Environmental Registry
• the proposed risk management instrument for
perfluorooctane sulfonate, its salts and certain
other compounds (PFOS) – Examination of
On-going Exemptions (January 2013)
Part 2 of CEPA 1999 provides for the establishment
of an environmental registry, whistleblower protection,
and the right of an individual to request an
investigation and pursue court action.
3.2.3 CMP-related Committees
The CEPA Environmental Registry was launched on
Environment Canada’s website when the Act came
into force on March 31, 2000. Since that time,
ongoing efforts have been made to increase the
Registry’s reliability and ease of use. The Registry
encompasses thousands of CEPA-related documents
and references. It has become a primary source of
environmental information for the public and private
sectors, both nationally and internationally, and has
been used as a source of information in university
and college curricula.
The CMP Stakeholder Advisory Council met twice
in 2013–2014. The purpose of the council is to
get stakeholder input on the implementation of the
CMP, and to foster dialogue on issues pertaining
to the CMP between stakeholders and government,
and among different stakeholder groups. Issues
may include risk assessment, risk management, risk
communications, monitoring, research, indicators
of success, chemical policy and other cross-cutting
integrated activities. Some examples of topics that
were discussed in 2013–2014 include publication
of the Canadian Health Measures Survey; gathering
information on chemicals in products; effectiveness
of early stakeholder engagement for the Substance
Grouping Initiative; and enhancing transparency in
regulatory development.
From April 2013 to March 2014, over 240 requests
for CEPA-related information were received in
the Registry mailbox ([email protected])
or Environment Canada’s general mailbox
([email protected]).
The Registry is located at www.ec.gc.ca/lcpe-cepa.
The CMP Science Committee held its first meeting
in Ottawa on February 18–19, 2014. The Science
Committee ensures a strong science foundation to
CMP by providing external, scientific expertise to
Health Canada and Environment Canada on scientific
issues. The meeting provided the ten committee
members, selected for their expertise in core
scientific areas, with the opportunity to deliberate
on their first topic: “Capturing and communicating
uncertainty.” Members also engaged in constructive
discussions as they began developing the committee’s
scientific input for the Government of Canada and
identifying their next steps for formulating the
Committee Report.
Public Consultations
During 2013–2014, there were 38 opportunities
posted on the Environmental Registry for stakeholders and the public to consult.
Please see www.ec.gc.ca/lcpe-cepa/eng/participation/default.cfm?n=FBC634F3-1.
3.2.2 CMP-related Consultations
In addition to public consultations on the various
risk assessments and risk management measures
outlined throughout Section 2, Environment Canada
and Health Canada undertook other CMP-related
consultations in 2013–2014, including:
• proposed approach for a subset of substances
prioritized during categorization
• the proposed risk management instrument
for 2-Butanone, oxime (butanone oxime)
(August 2013)
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
33
3.3
Reporting
national, regional, local and international trends are
readily accessible and presented through the use
of graphics, explanatory text and interactive maps
through which users can drill down for local data.
3.3.1 Canadian Pollution Prevention
Information Clearinghouse
The indicators are prepared by Environment Canada
with the support of other federal departments,
including Health Canada, Statistics Canada, Natural
Resources Canada, Agriculture and Agri-Food
Canada, and Fisheries and Oceans Canada, as well
as relevant provincial and territorial counterparts.
The high-quality data used to calculate indicators
originate from a variety of sources, including
surveys, measurement networks and other research
initiatives that are expected to be maintained and
updated for the foreseeable future.
Part 4 of CEPA 1999 provides the authority for
the establishment of a national pollution prevention
information clearinghouse to facilitate the collection,
exchange and distribution of information regarding
pollution prevention.
The Canadian Pollution Prevention Information
Clearinghouse (CPPIC) is a public website that
provides Canadians with links to over 1 500
resources containing comprehensive information
and tools from Canada and around the world to
strengthen their capacity to prevent pollution. In
2013–2014, 142 new records were added to the
clearinghouse. Fifty-four percent (54%) of the new
records are Canadian, and 6% are bilingual. Roughly
forty percent of new records (44%) are applicable to
manufacturing sectors, while another forty percent
(38%) are applicable to private households. Overall,
CPPIC records were viewed just over 44 000 times
in 2013–2014, a 69% increase over the previous
year’s views.
The indicators are published on the CESI website
(www.ec.gc.ca/indicateurs-indicators), showing
national and regional results along with the
methodology explaining each indicator and links
to related socio-economic issues and information.
CESI provides results and information for more than
40 environmental indicators, including air quality,
water quality, toxic substances and exposure to
substances of concern.
3.3.3 National Pollutant Release Inventory
3.3.2 State of the Environment Reporting
The National Pollutant Release Inventory (NPRI)
is Canada’s legislated, publicly accessible national
inventory of pollutant releases (to air, water and
land), disposals and transfers for recycling. The
NPRI includes information reported by industrial
facilities that meet certain criteria and provides the
main input to Canada’s comprehensive Air Pollutant
Emissions Inventory (APEI). Over 7700 facilities,
located in every province and territory, reported
to the NPRI for 2012 (see Figure 2).
The Canadian Environmental Sustainability Indicators
(CESI) program provides data and information to
track Canada’s performance on key environmental
sustainability issues including climate changes
and air quality, water quality and availability, and
protecting nature. The environmental sustainability
indicators convey the state of Canada’s environment
in a straightforward and transparent manner.
They are used to inform citizens and members of
Parliament about current environmental status and
trends, and provide policy makers and researchers
with comprehensive, unbiased and authoritative
information about key environmental issues.
The indicators are also the prime vehicle used to
measure progress towards the goals and targets
of the Federal Sustainable Development Strategy.
The NPRI supports the identification and
management of risks to the environment and
human health, including the development of
policies and regulations on toxic substances and
air quality. Public access to the NPRI through an
online data search tool encourages industry to
prevent and reduce pollutant releases, and
improves public understanding about pollution
and environmental performance in Canada.
The indicators are designed to be relevant to the
government’s policy priorities: useful and easily
understood by decision makers and the public
and based on solid methodology that allows for
comparison over time. CESI also ensures that the
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
34
Figure 2: Location of facilities that reported to the NPRI in 2012
NPRI data that was published in 2013–2014
includes the 2012 NPRI facility-reported data
(published in preliminary form in July 2013 and
reviewed form in February 2014) and the 2012
national air pollutant emissions data and trends
for all sources (published in February 2014).
Environment Canada undertook a number of
initiatives to respond to the needs of NPRI data
users during 2013–2014. For example, the
Department held consultations on proposed
changes to NPRI reporting requirements, published
and consulted on initial results of the first phase
of the NPRI Substances Review, and hosted a
workshop for data users.
agriculture). The APEI is used to support the
development of regulatory instruments (e.g., Base
Level Industrial Emissions Requirements, vehicles
regulations) and Environment Canada’s air quality
forecasting. It facilitates the evaluation and tracking
of policy effectiveness, informs the public and
supports multiple air-quality reporting requirements.
A summary of the APEI is provided annually to the
United Nations Economic Commission for Europe
under the Convention on Long-range Transboundary
Air Pollution.
Environment Canada updated Canada’s APEI with
the latest data for 2012. The APEI includes data
for 17 air pollutants, notably smog precursors and
selected toxics. The APEI was developed using
NPRI facility-reported data and emissions estimates
from sources that are not reported to the NPRI
(e.g., residential fuel combustion, vehicles,
3.3.4 Greenhouse Gas Emissions
Reporting Program
For further information, consult www.ec.gc.ca/
inrp-npri.
Environment Canada requires annual reporting
of GHG emissions from facilities (mostly large
industrial operations) through its Greenhouse
Gas Emissions Reporting Program (GHGRP).
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
35
The GHGRP is part of Environment Canada’s
ongoing effort to develop, in collaboration with
the provinces and territories, a single, domestic,
mandatory GHG reporting system, in order to meet
the GHG reporting needs of all jurisdictions and
to minimize the reporting burden for industry
and government.
to grow as additional partners integrate their GHG
and pollutants reporting requirements into the Single
Window Reporting System. For further information,
consult https://ec.ss.ec.gc.ca/.
3.3.6 Use of Monitoring and Surveillance
to Measure Performance of Risk
Management Activities
Key objectives of the GHGRP are to provide
Canadians with consistent information on
facility-level GHG emissions, support regulatory
initiatives, and validate industrial emission
estimates presented in the National GHG Inventory.
The data collected are also shared with provinces
and territories.
In 2013–2014, a substance-specific environmental
multimedia fact sheet was published on
perfluorooctane sulfonate (PFOS) in the Canadian
environment. The fact sheet was used to report
geographical and temporal analysis of PFOS
concentrations in air, water, sediments, fish and
bird eggs, and compared the levels with available
Federal Environmental Quality Guidelines. The fact
sheet also reported the status of concentrations
in waste streams such as wastewater and landfill
leachate. Certain information was used to report in
relation to pollution prevention indicators. For more
information, visit www.ec.gc.ca/toxiques-toxics/
default.asp?lang=En&n=7331A46C-1.
In May 2013, the 2011 facility-reported data and
related overview report were made publicly available
as part of a broader departmental release of GHG
information products, which also included the latest
National GHG Inventory and updated CESI GHG
indicators. Environment Canada received 2012
emission information from 549 facilities, which
were prepared for public release, set to occur in
spring 2014. The facility-reported data is available
through data tables, an online query tool and a
downloadable file.
3.3.7 Environmental Offenders Registry
and Enforcement Notifications
Environment Canada also implemented a new
data-sharing agreement with the province of
Newfoundland and Labrador to share facility-level
GHG information to support their information needs
and policy development.
The Environmental Offenders Registry contains
information on convictions of corporations obtained
under certain federal environmental laws including
CEPA 1999. The registry contains convictions
obtained for offences committed since June 18,
2009—when the Environmental Enforcement Act
received Royal Assent. This tool allows the media
and the public to search for corporate convictions
using the name for the corporation, its home province,
the province where the offence occurred, or the
legislation under which the conviction was obtained.
Keywords can also be used to search the registry.
For further information, consult www.ec.gc.ca/
ges-ghg.
3.3.5 Single Window Reporting Initiative
In 2013–2014, Environment Canada, in collaboration
with various partners, continued to improve and
expand its single window, online system for regulatory
reporting of air emissions and pollutant releases. The
system reduces burden on industry and supports the
shared interest across jurisdictions of tracking and
reporting progress on the reduction of GHG emissions
and pollutant releases. Environment Canada’s NPRI
and GHGRP (explained above), as well as the CMP
and other initiatives and regulations related to CEPA
1999 provisions, are using the Single Window
Reporting System for their environmental data
collection efforts. This initiative will continue
The Enforcement Notifications contain information
about successful prosecutions across Canada under
the Acts and Regulations administrated by Environment Canada or involving Environment Canada
enforcement officers (including CEPA 1999).
The Registry and Notifications can be found online
at www.ec.gc.ca/alef-ewe/default.asp?lang=En&n=
1F014378-1 and www.ec-gc.ca/alef-ewe.default.
asp?lang=En&n=8F711F37-1, respectively.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
36
4
Compliance Promotion and Enforcement
4.1
Compliance promotion relates to the planned
activities that are undertaken to increase awareness,
understanding and compliance with the law and its
regulations. Through these activities, information
is provided to the regulated communities on what
is required to comply with the law, the benefits
of compliance and the consequences
of non-compliance.
Designations and Training
The number of designated persons within Environment
Canada with enforcement powers under CEPA 1999
is as follows:
• 198 CEPA enforcement officers;
• 10 emergency officers from the Environmental
Emergencies Program designated as CEPA
enforcement officers with limited powers; and
CEPA 1999 provides enforcement officers with a
wide range of powers to enforce the Act, including
the powers of a peace officer. Enforcement officers
can carry out inspections to verify compliance
with the Act; conduct investigations of suspected
violations; enter premises, open containers, examine
contents and take samples; conduct tests and
measurements; obtain access to information
(including data stored on computers); stop and
detain conveyances; search, seize and detain items
related to the enforcement of the Act; secure
inspection warrants to enter and inspect premises
that are locked and/or abandoned or where entry
has been refused; seek search warrants; and arrest
offenders. CEPA 1999 analysts can enter premises
when accompanied by an enforcement officer
and can exercise certain inspection powers.
• 176 CEPA analysts.
In December 2010, the bulk of the Environmental
Enforcement Act (EEA) came into force, amending
legislation administered by Environment Canada,
including CEPA 1999 and introducing the new
Environmental Violations Administrative Monetary
Penalties Act. In 2013–2014, the Department
continued updating internal and external policies
and procedures to meet the EEA requirements and
to update and develop training accordingly.
The accomplishments related to training of
Environment Canada personnel on CEPA 1999
regulations in 2013–2014 include:
• the revision of the current delivery model of
the Basic Enforcement Training to enhance
its efficiency and effectiveness;
A wide range of enforcement measures are available
to respond to alleged violations. Many are designed
to achieve compliance without resorting to a
formalized legal process such as prosecutions or
seeking an injunction. These measures also include
directions, tickets, prohibition orders, recall orders,
detention orders for ships, and Environmental
Protection Compliance Orders. Measures to compel
a return to compliance through court action include
injunctions to stop or prevent a violation and
prosecutions. In addition, a return to compliance
can be achieved through Environmental Protection
Alternative Measures, a program for diverting
offenders away from the formal court process.
• the delivery of Environmental Enforcement
Standardized Training;
• the delivery of Limited Powers/Analyst
Designation course;
•
the delivery of Vehicles and Engines Regulations
Training, which includes the Regulations
Amending the On-Road Vehicle and Engine
Emission Regulations, Off-road CompressionIgnition Engine Emission Regulations and
Off-Road Small Spark-Ignition Engine Emission
Regulations, Marine Spark-Ignition Engine,
Vessel and Off-Road Recreational Vehicle
Emission Regulations, and Passenger
Automobile and Light Truck Greenhouse
Gas Emission Regulations;
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
37
•
Promoting Compliance to First Nations
the continued delivery of online training on
various regulations and enforcement tools
(Export and Import of Hazardous Waste and
Hazardous Recyclable Material Regulations,
storage tanks, CEPA 1999, Environmental
Protection Compliance Orders, etc.)
In 2013–2014, Environment Canada continued
to work closely with First Nations. Workshops,
information sessions and compliance-promotion
materials were delivered to First Nations groups
and individuals throughout Canada, to increase
awareness of their obligations to comply with nine
instruments under CEPA 1999 as well as their
responsibilities under the Fisheries Act.
In order to augment the job-related skills of
enforcement officers as it pertains to advanced
investigative skills and capacity, the Department
offered training sessions on forensic interviewing skills.
4.2
The Department also organized a number of
multi-instrument workshops, conferences, meetings
and information booths to reach stakeholders who
must comply with more than one instrument. The
promotion of the Storage Tank Regulations conference,
in particular, was a success, and Environment
Canada was also asked to present to an “invitation
only” event where the focus was on retail gas
stations on First Nations lands, which is a key
departmental priority.
Compliance Promotion
In 2013–2014, Environment Canada continued to
focus compliance promotion efforts on geographically
dispersed, small and medium-sized enterprises (SME)
(less than 500 employees), and First Nations.
Environment Canada delivered compliance promotion
activities for new and existing control instruments
under CEPA 1999. Multiple approaches were used
to reach the regulated communities, including
workshops, information sessions, presentations,
information package emails/mail-outs and through
technology such as videos, Twitter and Web banner
advertising. Many of these activities were carried
out in collaboration with provincial and territorial
governments as well as non-governmental
organizations.
Promoting Compliance to SMEs
Multi-instrument compliance-promotion activities
provide a unique opportunity for stakeholders to
obtain, in an efficient and effective way, key
information regarding Acts and instruments
affecting their activities. Regulatees also benefit
from the knowledge and experience of the on site
compliance promotion officers, the distribution
of printed materials on the legislation, and the
identification of contacts for further inquiries. In
2013–2014, Environment Canada reached SMEs
through 60 campaigns on the 19 CEPA 1999
regulations through multi-instrument activities
and on a per regulation basis.
Health Canada also undertook targeted public
outreach and compliance promotion activities,
particularly in support of information gathering for
the substance groupings initiative, and the second
phase of the Domestic Substances List Inventory
Update (DSL IU2). This included stakeholder
workshops for the CEPA 1999 section 71 Notice
issued for DSL IU2 in four locations across the
country, as well as stakeholder webinars or
webexes for the Notices issued for DSL IU2,
Triclosan, Organic Flame Retardants, Selenium
and Phthalates substance groupings.
The Department worked in collaboration with the
chief electricians and apprenticeship programs in
Nova Scotia, Newfoundland and Labrador, and New
Brunswick to distribute information on the PCB
Regulations, which had been developed to reach
electricians and electrical contractors. In Quebec,
PCB Regulations fact sheets were sent to master
electricians. The Master Electricians Professional
Association later contacted the Department
requesting additional information, which they
then distributed to all of their members. The
collaboration between the Department and these
regional organizations has been an effective and
efficient mechanism to provide relevant information
to this particular regulated community.
Responding to Inquiries
Compliance promotion officers continued to raise
awareness and understanding of the Department’s
regulatees by responding to over 9500 inquiries on
19 regulations. The majority of inquiries came in via
email, and a small proportion came in via telephone
and letter.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
38
Promoting Compliance Within
the Federal Government
• Tetrachloroethylene (Use in Dry Cleaning
and Reporting Requirements) Regulations;
Compliance promotion to federal government
department and agency regulatees included individual
communications, campaigns and multi-instrument
activities on the Federal Halocarbon Regulations
and the Storage Tank Regulations, among others.
• Storage Tank Systems for Petroleum Products
and Allied Petroleum Products Regulations; and
• PCB Regulations.
The number of planned inspections carried out
under the enforcement plan is supplemented by
a large number of unplanned inspections resulting
from responses to complaints, intelligence
gathering, spills or other information. In addition,
a number of regulations are identified for regional
enforcement focus. The focus placed on regulations
in each region is influenced by a number of factors,
including geography, the prevalence of the
regulated sectors, and provincial and territorial
environmental sensitivities.
For example, Environment Canada delivered
workshops on the Federal Halocarbon Regulations,
2003 for federal department regulatees. Attendance
at one of these workshops led to a special request by
two departments for an additional workshop. These
sessions resulted in increased awareness, specific
issues being addressed and stronger relationships.
4.3
Enforcement Priorities
Each year, Environment Canada develops a National
Enforcement Plan describing the enforcement
activities to be carried out in that fiscal year,
including activities addressing non-compliance
with CEPA 1999. Factors that influence the
identification of the priority regulations include
the risk to the environment and human health
represented by the regulated substance or activity,
compliance issues, new and amended regulations,
the nature of regulatory provisions, operational
complexity and capacity, and domestic and
international commitments and obligations.
4.4
Enforcement Activities
4.4.1 Enforcement Statistics
Enforcement activities undertaken during
2013–2014 are summarized in the four following
tables. Table 19 provides the number of on-site
and off-site inspections for each regulation from
April 1, 2013, to March 31, 2014. Table 20 provides
the breakdown of investigations for each regulation in
regard to which at least one investigation occurred
and/or closed from April 1, 2013, to March 31, 2014.
Table 21 provides the total number of enforcement
measures resulting from inspections and investigations
from April 1, 2013, to March 31, 2014, for each
regulation. Table 22 provides the number of
prosecutions from April 1, 2013, to March 31,
2014, for each regulation.
In 2013–2014, the National Enforcement Plan
priorities included the following CEPA 1999
instruments:
• Off-Road Small Spark-Ignition Engine
Emission Regulations;
Table 19: Summary of inspections, from April 1, 2013, to March 31, 2014
Inspections*
National
Total
Off-site
On-site
4868
1910
2958
1
–
1
Benzene in Gasoline Regulations
133
120
13
CEPA 1999 – Section(s)
192
65
127
10
5
5
1
–
1
Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations
48
12
36
Concentration of Phosphorus in Certain Cleaning Products Regulations
38
1
37
CEPA 1999 – Canadian Environment Protection Act, 1999
2-Butoxyethanol Regulations
CEPA Section 56 Notices – P2 Plans
CEPA Section 71 Notices – Toxics
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
39
Table 19 (concluded)
Inspections*
National
Total
Disposal at Sea Regulations
Off-site
On-site
77
39
38
Environmental Emergency Regulations
133
45
88
Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations
298
39
259
8
–
8
537
326
211
Fuels Information Regulations, No. 1
144
139
5
Gasoline and Gasoline Blend Dispensing Flow Rate Regulations
281
1
280
Export Control List Notification Regulations
Federal Halocarbon Regulations, 2003
Gasoline Regulations
Interprovincial Movement of Hazardous Waste Regulations
Marine Spark-Ignition Engine, Vessel and Off-Road Recreational Vehicle Emission Regulations
National Pollutant Release Inventory
New Substances Notification Regulations (Chemicals and Polymers)
New Substances Notification Regulations (Organisms)
3
–
3
40
10
30
5
1
4
65
27
38
7
2
5
7
1
6
Off-Road Compression-Ignition Engine Emission Regulations
12
–
12
Off-Road Small Spark-Ignition Engine Emission Regulations
22
2
20
On-Road Vehicle and Engine Emission Regulations
Ozone-depleting Substances Regulations, 1998
Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations
PCB Regulations
PCB Waste Export Regulations, 1996
Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations
8
2
6
84
11
73
1
–
1
834
121
713
1
–
1
5
–
5
Pulp and Paper Mill Defoamer and Wood Chip Regulations
24
20
4
Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations
24
22
2
Release and Environmental Emergency Notification Regulations
4
4
–
Renewable Fuels Regulations
9
9
–
Secondary Lead Smelter Release Regulations
1
–
1
15
7
8
Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations
506
42
464
Sulphur in Diesel Fuel Regulations
181
156
25
43
30
13
Solvent Degreasing Regulations
Sulphur in Gasoline Regulations
Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
1052
647
405
Vinyl Chloride Release Regulations, 1992
4
4
–
Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations
4
–
4
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing
Products Regulations
6
–
6
* Inspections relate to the number of regulatees inspected for compliance under each of the applicable regulations (file, subject, act,
regulation) using the end date for the reference period. Inspections are defined as the active process of gathering information by visiting
sites, taking samples and analyzing records to verify compliance with legislation when no offence is suspected. An on-site inspection is one
or more visits to the site of a facility or a plant, or visits at a border crossing, an airport, or port of entry, to conduct any activity/operation/
analysis required to verify the regulatee’s compliance with a regulation or a permit. An off-site inspection is normally undertaken at the
officer’s place of work or in another location that is not at the regulated site and involves physical and documentation verification.
Note: Only those regulations under which action was undertaken during the time period are listed in this table.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
40
Table 20: Summary of the breakdown of investigations from April 1, 2013, to March 31, 2014
Investigation breakdown*
National
Started FY 2013–2014 Started FY 2013–2014
and ended
and still ongoing
FY 2013–2014
at the end of FY
2013–2014
Started before
FY 2013–2014
but ended in
FY 2013–2014
Started before
FY 2013–2014
and still ongoing
at the end of FY
2013–2014
CEPA 1999 – Canadian Environment
Protection Act, 1999
3
55
33
59
CEPA 1999 – Section(s)
–
15
6
20
Chromium Electroplating,
Chromium Anodizing and Reverse
Etching Regulations
–
1
–
–
Disposal at Sea Regulations
–
3
2
2
Environmental Emergency Regulations
–
–
–
1
Export and Import of Hazardous
Waste and Hazardous Recyclable
Material Regulations
–
1
3
2
Federal Halocarbon Regulations, 2003
–
1
1
–
Gasoline and Gasoline Blend
Dispensing Flow Rate Regulations
–
1
–
1
Marine Spark-Ignition Engine,
Vessel and Off-Road Recreational
Vehicle Emission Regulations
–
1
–
–
Off-Road Compression-Ignition Engine
Emission Regulations
–
3
–
2
Off-Road Small Spark-Ignition Engine
Emission Regulations
–
4
1
3
On-Road Vehicle and Engine
Emission Regulations
–
–
–
2
Ozone-depleting Substances
Regulations, 1998
1
4
1
2
PCB Regulations
2
4
4
4
Solvent Degreasing Regulations
–
1
–
1
Storage Tank Systems for
Petroleum Products and Allied
Petroleum Products Regulations
–
7
6
5
Tetrachloroethylene (Use in
Dry Cleaning and Reporting
Requirements) Regulations
–
9
9
14
Sulphur in Gasoline Regulations
–
–
1
–
Tetrachloroethylene
(Use in Dry Cleaning and Reporting
Requirements) Regulations
2
14
8
8
* One investigation may pertain to one or more regulations, therefore it is possible that the data at the regulation level may not add
up to the total at the legislation level.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
41
Environmental Protection Compliance Orders
Environmental Protection Alternative Measures
An Environmental Protection Compliance Order
(EPCO) is one of the statutory measures that
enforcement officers may use to handle offences.
Its purpose is to restore an offender to compliance
with CEPA 1999 as quickly as possible.
An Environmental Protection Alternative Measure
(EPAM) is an agreement that is negotiated in order
to return a violator to compliance with CEPA 1999.
It can be used after a charge has been laid and
before the matter goes to trial as an alternative
measure for a violation of the Act.
In 2013–2014, 153 regulatees were issued EPCOs,
including 83 regulatees subject to the Storage
Tank Systems for Petroleum Products and Allied
Petroleum Products Regulations, 17 regulatees
subject to the Tetrachloroethylene (Use in Dry
Cleaning and Reporting Requirements) Regulations,
14 regulatees subject to the Federal Halocarbon
Regulations, 2003, 13 regulatees subject to the
PCB Regulations, and an additional 27 regulatees
subject to various other regulations under CEPA
1999 as described in Table 21, summarizing
the enforcement measures.
If an EPAM agreement is successfully negotiated,
it is filed with the court and becomes a public
document. The agreement must also appear in
the CEPA Environmental Registry. No EPAMs were
negotiated in 2013–2014
Further information on EPAMs is available at
www.ec.gc.ca/CEPARegistry/enforcement/EPAMs.cfm.
Table 21: Summary of Enforcement Measures from April 1, 2013, to March 31, 2014
Ministerial orders
No. of subjects
involved in EPCOs**
EPCOs***
EPAMs
Referrals
–
153
1308
–
42
–
8
–
–
–
–
–
–
–
42
–
–
4
4
–
–
–
–
79
–
–
1
3
–
-
Concentration of Phosphorus in Certain Cleaning
Products Regulations
–
–
11
–
–
–
–
–
–
Disposal at Sea Regulations
–
–
2
–
–
1
1
–
–
Environmental Emergency Regulations
–
–
216
–
–
5
57
–
35
Export and Import of Hazardous Waste and
Hazardous Recyclable Material Regulations
–
–
100
–
–
–
–
–
–
Export Control List Notification Regulations
–
–
16
–
–
–
–
–
–
Federal Halocarbon Regulations, 2003
–
–
84
–
–
14
33
–
–
Fuels Information Regulations, No. 1
–
–
4
–
–
–
–
–
–
Gasoline and Gasoline Blend Dispensing
Flow Rate Regulations
–
–
25
–
–
9
9
–
–
Gasoline Regulations
–
–
8
–
–
1
1
–
–
Marine Spark-Ignition Engine, Vessel and Off-Road
Recreational Vehicle Emission Regulations
–
–
5
–
–
–
–
–
–
National Pollutant Release Inventory
–
–
46
–
–
3
15
–
–
CEPA 1999 – Canadian Environment Protection Act, 1999
–
–
2-Butoxyethanol Regulations
–
CEPA 1999 – Section(s)
–
Chromium Electroplating, Chromium Anodizing
and Reverse Etching Regulations
Written warnings
–
Written directions
2944
Tickets
Injunctions
Enforcement measures – from inspections and investigations*
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
42
Table 21 (concluded)
Off-Road Compression-Ignition Engine Emission Regulations
–
–
2
–
–
–
–
–
–
Off-Road Small Spark-Ignition Engine Emission Regulations
–
–
2
–
–
–
–
–
–
On-Road Vehicle and Engine Emission Regulations
–
–
11
–
–
–
–
–
–
Ozone-depleting Substances Regulations, 1998
–
–
23
–
–
1
2
–
–
PCB Regulations
–
–
252
–
–
13
36
–
1
PCB Waste Export Regulations, 1996
–
–
1
–
–
–
–
–
–
Perfluorooctane Sulfonate and its Salts and Certain
Other Compounds Regulations
–
–
2
–
–
–
–
–
–
Release and Environmental Emergency Notification
Regulations
–
–
1
–
–
–
–
–
–
Renewable Fuels Regulations
–
–
13
–
–
1
1
–
–
Solvent Degreasing Regulations
–
–
4
–
–
–
–
–
–
Storage Tank Systems for Petroleum Products
and Allied Petroleum Products Regulations
–
–
1639
–
–
82
1093
–
3
Sulphur in Diesel Fuel Regulations
–
–
25
–
–
1
1
–
–
Tetrachloroethylene (Use in Dry Cleaning and Reporting
Requirements) Regulations
–
–
321
–
–
17
52
–
3
Volatile Organic Compound (VOC) Concentration Limits
for Architectural Coatings Regulations
–
–
2
–
–
–
–
–
–
*Tickets, written warnings, written directions, injunctions, ministerial orders and EPCOs and EPAMs are tabulated at the section level
of a regulation. For example, if the outcome of an inspection is the issuance of a written warning that relates to three sections of a given
regulation, the number of written warnings is three.
** The number of subjects involved in EPCOs is represented by the number of regulatees issued EPCOs, by the end date, regardless
of the number of sections. For example, if one regulatee was issued an EPCO for three sections of the PCB Regulations, the number of
subjects involved is one. Therefore, it is possible that the data at the regulation level may not add up to the total at the legislation level.
*** There has been a significant increase in the number of EPCOs in 2013–2014 (1308) and 2012–2013 (1190) compared with
2011–2012 (273). The increase in EPCOs is due to an increase of non-compliance in regard to Storage Tank Systems for Petroleum
Products and Applied Petroleum Products Regulations. The Regulations include a large number of sections in comparison with other
regulations. Data on EPCOs are tabulated at the section level of the regulations, so an increase in non-compliance for these multi-section
regulations causes a significant increase in the number of EPCOs.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
43
Table 22: Summary of Prosecutions from April 1, 2013, to March 31, 2014
Prosecutions
Started in FY 2013–2014
Prosecuted
Subjects*
Counts**
Concluded in FY 2013–2014
Convicted
Subjects***
Guilty
Counts****
CEPA 1999 – Canadian Environment
Protection Act, 1999
33
128
12
64
CEPA 1999 – Section(s)
12
21
2
5
Disposal at Sea Regulations
–
–
1
1
Export and Import of Hazardous Waste and
Hazardous Recyclable Material Regulations
–
–
1
4
Off-Road Compression-Ignition Engine
Emission Regulations
1
2
–
–
Off-Road Small Spark-Ignition Engine
Emission Regulations
2
52
–
–
PCB Regulations
1
4
1
8
Storage Tank Systems for Petroleum Products
and Allied Petroleum Products Regulations
3
8
–
–
* Prosecuted subjects (started in 2013–2014): The number of subjects prosecuted, where the charged date falls within the reporting
period (i.e., this is the number of prosecutions launched, not the number of prosecutions concluded in the reporting year). This means
if one case resulted in the prosecution of two different subjects, the number reported would be two. The number of prosecuted subjects
does not necessary correspond to the total at the legislative level, because one investigation might be related to more than one instrument.
** Counts (started in 2013–2014): The number of counts (excluding tickets) is tabulated at the section level of the regulation, by the offence
date relating to the regulatee’s charge. This is the number of counts with which prosecuted subjects (started in 2013–2014) were charged.
*** Convicted subjects (concluded in 2013–2014): The number of subjects convicted, where the convicted date falls within the reporting period.
**** Guilty counts (concluded in 2013–2014): The number of guilty counts (excluding tickets) is tabulated at the section level of
the regulation, by the offence date relating to the regulatee's conviction. This is the number of counts for which convicted subjects were
found guilty.
4.5
International Enforcement
Cooperation
training. These activities support the goal of
the three countries’ working together to develop and
implement a regional approach to intelligence-led
enforcement with a specific focus on preventing the
illegal movements of electronic waste, non-compliant
imports, ozone-depleting substances and hazardous
waste. The expected outcome over the next five years
will be enhanced and more effective environmental
compliance and enforcement, both domestically
and as a region. Also, Environment Canada
continues to actively participate in INTERPOL’s
Pollution Crimes Working Group, focused on
issues such as capacity building in the area
of environmental investigations and stopping
the illegal movement of hazardous waste. Enforcement-related activities are carried out under
various international and domestic agreements and
organizations. Under the auspices of the Commission
for Environmental Cooperation’s Enforcement Working
Group (EWG), Environment Canada's Enforcement
Branch engages in cooperative activities with its
counterparts at the U.S. Environmental Protection
Agency and Mexico's Profepa and Semarnat. The
EWG is still working on a protocol to facilitate the
exchange of information among the partners. In
the meantime, it delivered on a series of related
activities such as covert and forensic computer
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
44
Appendix A: Reporting Requirements
This report includes the following mandatory
information:
• Section 3.1 also describes the activities under
three federal-provincial agreements, including:
○○ the Canada–Ontario Agreement Respecting
the Great Lakes Basin Ecosystem;
○○ the Canada–Saskatchewan Administrative
Agreement; and
○○ the Canada–Alberta Equivalency Agreement.
• Section 2 (all subsections) provides examples
of the types of research initiatives and their
key contributions in the reporting period.
Environment Canada and Health Canada
scientists published numerous reports, papers,
book chapters, articles and manuscripts on
subjects related to CEPA 1999. This body
of work appeared in books and scientific
journals that are available in libraries and
from the publishers.
• There were no activities under the international
air pollution provisions (Division 6 of Part 7) of
CEPA 1999 during the reporting period.
• There were no activities under the international
water pollution provisions (Division 7 of Part 7)
of CEPA 1999 during the reporting period.
• Section 3.1 describes the activities of the
National Advisory Committee. There were
no other committees established under
paragraph 7(1)(a) of CEPA 1999 during
the reporting period.
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
45
Appendix B: Contacts
Further information on CEPA 1999 and related
activities can be found online at:
The following media relations contacts are also
available to provide information:
CEPA Environmental Registry website (www.ec.gc.ca/
lcpe-cepa/default.asp?lang=En&n=D44ED61E-1)
Environment Canada
Media Relations
Toll-free within Canada: 1-888-908-8008
Outside Canada: 1-819-934-8008
Email: [email protected]
Environment Canada’s website (www.ec.gc.ca)
Health Canada’s website (www.hc-sc.gc.ca)
Health Canada
Media Relations
Telephone: 613-957-2983
Fax: 613-952-7747
Email: [email protected]
Address Locator 0900C2
Ottawa ON K1A 0K9
Chemical Substances website
(www.chemicalsubstances.gc.ca)
Environment Canada publications are available from
the departmental library or the nearest regional
library. Many departmental publications are also
available online at www.ec.gc.ca/publications or
through Environment Canada’s Inquiry Centre:
For information about the role of the Canada Gazette
and how to comment on proposed regulations
before enactment, consult the Canada Gazette
website at www.gazette.gc.ca or contact Canada
Gazette general inquiries:
Inquiry Centre
Environment Canada
10 Wellington Street, 23rd Floor
Gatineau QC K1A 0H
Telephone: 819-997-2800 or 1-800-668-6767
Fax: 819-994-1412
TTY: 819-994-0736
(teletype for the hearing impaired)
Email: [email protected]
Email: [email protected]
Telephone: 613-996-1268
Toll-free: 1-866-429-3885
TTY: 1-800-926-9105
Fax: 613-991-3540
Canadian Environmental Protection Act, 1999 Annual Report for April 2013 to March 2014
46
Additional information can be obtained at:
Environment Canada
Inquiry Centre
10 Wellington Street, 23rd Floor
Gatineau QC K1A 0H3
Telephone: 1-800-668-6767 (in Canada only) or 819-997-2800
Fax: 819-994-1412
TTY: 819-994-0736
Email: [email protected]
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