Environmental Enforcement and Compliance Frameworks in Canada and Chile

December 2001

A. Introduction

In July 1997 the Canada-Chile Free Trade Agreement entered into force, along with an environmental side agreement; the Canada-Chile Agreement on Environmental Cooperation (CCAEC). The CCAEC is intended to ensure that enforcement of domestic pollution and wildlife laws go hand in hand with economic growth and trade between the two countries. Key objectives of the CCAEC include:

increased cooperation between the Parties to better conserve, protect, and enhance the environment, including wild flora and fauna;
strengthened cooperation on the development and improvement of environmental and wildlife laws, regulations, procedures, policies, and practices;
enhanced compliance with, and enforcement of, environmental and wildlife laws and regulations; and
promotion of pollution prevention policies and practices.

This report was prepared to facilitate the exchange of information on the enforcement structures and activities currently in place in Canada and Chile. Both countries prepared their own section for this report, and contributed to the introduction and conclusion sections.

At present, Canada and Chile are reviewing and undertaking improvements to their environmental laws and responsible enforcement agencies, and some of the information presented here may change in the near future. For example Canada has completed 15 special projects in order to improve the effectiveness and efficiency of its environmental and wildlife enforcement program (see section 1.11). And in Chile, implementation has begun for a Coordinated Enforcement Program under the Environmental Impact Assessment System that includes the participation of approximately 15 state departments that share environmental responsibilities.

Each country has striven to address the following enforcement subject areas in this report: constitutional and legislative frameworks, enforcement structures, operations, methodologies, approaches, and implementation tools and policies. Chile is continuing to assemble information on these matters and will provide details as soon as they are available. The annexes contain a list of key environmental enforcement organizations in both countries.

Additional information on the Canada-Chile Agreement on Environmental Cooperation and enforcement activities can be accessed through the National Secretariats web sites at: http://can-chil.gc.ca and http://www.conama.cl/chile-canada, and from Environment Canada’s web site at: www.ec.gc.ca and CONAMA’s web site at: http://www.conama.cl

B. Overview - Canada

1.1 Constitutional Context

In Canada, federal, provincial and territorial governments share legislative and regulatory authority over the protection and management of the environment, wildlife and its habitat. Each order of government passes its own laws and makes regulations, and exercises its powers under these laws including enforcement. The focus of this report is on the enforcement responsibilities of the federal Department of the Environment, also referred to as Environment Canada (EC).

Federal environmental authority include but are not limited to fisheries; criminal law; the international trade and commerce; census and statistics; federal works and undertaking; and peace, order and good government. Key constitutional authorities used by provinces to protect the environment include but are not limited to the management and protection of natural resources; civil and property rights; and works of a local and private nature.

The shared nature of environmental jurisdiction makes close cooperation between the federal, provincial and territorial governments vital to the success of national environmental and wildlife management policies and objectives. Ministerial councils have been set up to facilitate this cooperation. The Canadian Council of Ministers of the Environment (CCME), for example, is composed of federal, provincial and territorial Ministers responsible for environmental protection. Acting as equal partners, Ministers use the Council to coordinate policies and actions, to resolve inter-jurisdictional problems, and to exchange information. Similarly, the Wildlife Ministers Council of Canada (WMCC) does the same with respect to wildlife issues.

Enforcement of environmental and wildlife legislation at all levels of government is conducted within the context of the Canadian legal framework that includes the Canadian Charter of Rights and Freedoms, the Criminal Code, the Privacy Act, and the Canada Evidence Act. Most environmental and wildlife legislation in Canada provide for the right to search, seize, and detain under the rules established by legislation.

1.2 Federal Environmental Laws and Commitments

Canada is party to several international agreements, treaties or conventions whose purpose is to protect the environment and wildlife. The commitments pertain to a variety of issues and include the following

Conventions and Protocol

Convention on International Trade in Endangered Species of Flora and Fauna (CITES)
Basel Convention (on the international trade of hazardous wastes)
Montreal Protocol (calling for scheduled reduction in ozone-depleting substances)
UN Convention on Long-Range Transboundary Air Pollution (LRTAP)
Convention on Biological Diversity
London Convention (regulates the deliberate disposal of wastes at sea by dumping or incineration)

Agreements

In addition, Canada is subject to several trade agreements that contain items or have side agreements pertaining to environmental protection or that otherwise impact environmental governance, for example: the Canada-Chile Free Trade Agreement (CCFTA) and the North American Free Trade Agreement (NAFTA).

Canada fulfils its international and domestic environmental and wildlife commitments through a host of legislation and regulations. Some of the key laws administered at the federal level are the following:

Canadian Environmental Protection Act (CEPA), 1999
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, (WAPPRIITA), 1996
Migratory Birds Convention Act (MBCA), 1994
Fisheries Act (FA), 1985
Canada Wildlife Act (CWA), 1994
Transportation of Dangerous Goods Act (TDGA), 1992

These Acts and others are implemented through numerous regulations. For instance, there are 29 regulations under CEPA 1999 pertaining to matters such as pollution prevention, management of toxic substances, fuels, vehicle and engine emissions, international air and water pollution, waste disposal at sea, environmental emergencies, biotechnology, and enforcement.

Federal laws and regulations are implemented through a comprehensive compliance promotion and enforcement program that is the focus of this report. However, two other environmental protection tools are worthy of note that help to define Canada’s environmental management framework: the Canadian Environmental Assessment Act (CEAA) and the Green Government initiative.

The purpose of CEAA is to ensure that potential environmental effects are carefully considered where the federal government is initiating, funding, granting land towards, or exercising approval authority over a proposed undertaking. The Act requires the responsible government authority to assess the potential impact of the proposal on the environment, and to consult as necessary with other federal departments to seek input on relevant laws and regulations.

The Green Government initiative applies to on-going government operations and was developed to ensure that federal activities meet federal environmental and wildlife laws and standards, and serve as an example to Canadians and the Canadian business community. Within Environment Canada, subject matter specialists are tasked with promoting government compliance with existing federal environmental laws, and Enforcement Program Personnel are tasked with bringing government into compliance with new laws and regulations as they are promulgated.

1.3 Enforcement Structure and Operations

Enforcement of environmental and wildlife laws is a shared responsibility among numerous federal, provincial and territorial authorities, and is undertaken in cooperation with counterpart authorities in other countries, and with international agencies. Federally, the Departments of Environment, Health, the Attorney General, Justice, the Royal Canadian Mounted Police (R.C.M.P.), Canada Customs and Revenue Agency all play an important role. Figure 1 illustrates the responsibilities and relationships between the key parties involved in enforcement.

Figure 1: Summary of Enforcement Responsibilities

Provincial, territorial, and foreign governments as well as international agencies cooperate with and lend intelligence to federal enforcement activities. In some cases staff of these organizations is deputized to act on behalf of Environment Canada.		The Attorney General of Canada and Department of Justice -- have responsibility for all federal litigation. The ultimate decision on whether to proceed with prosecution of charges made by enforcement officers rests with the Attorney General. Similarly, only the Attorney General has the power to proceed with an injunction or civil suit for recovery of damages in response to recommendations by enforcement officials.

Minister of Environment – has responsibility for the administration of CEPA, the Canada Wildlife Act and the pollution prevention provisions of the Fisheries Act, and various other federal environmental and wildlife laws; and management of the national enforcement program including the training of enforcement officials within its own department and other federal departments and partner agencies.

Minister of Health -- provides advice in relation to human health aspects and jointly recommends regulatory actions.	Minister of Canada Customs and Revenue Agency -- has responsibility for the Customs Act, and Customs officials aid in the identification of illegal trans-boundary activities, and may detain potential evidence under WAPPRIITA and the Transportation of Dangerous Goods Act.

Within Environment Canada the enforcement program is administered through a headquarters Enforcement Branch, and five administrative regional offices that are responsible for day-to-day enforcement activities.

The Enforcement Branch consists of the Reporting and Information Management Division, the Training and Learning Division, the Compliance Assurance Division, the Inspection and Investigation Division, and the Regulatory and Development Division. A separate Division is responsible for most of the activities related to wildlife enforcement. Branch Headquarters are located in the nation’s capital.

The Enforcement Branch provides overall national, functional direction for coordination of operations; developing and monitoring the annual National Inspection Plan; developing and administering enforcement training courses; reviewing new regulations and proposed changes to existing regulations; and coordinating international operations, among other duties.

The Wildlife Enforcement and Intelligence Division ensures that new regulations are enforceable and that policies are developed and implemented to support wildlife enforcement officers’ work. This Division also plays a role of coordination with national and international agencies, which deals with complex investigations and intelligence projects. It collaborates with partners in preparing guides and other procedures manuals for identification of plants and animals and training purposes. The Wildlife Enforcement and Intelligence Division represents Canada at international meetings such as the Conference of Parties for CITES and with wildlife enforcement working groups such as the CITES working group from Interpol and the World Customs Organization.

Responsibilities of the Reporting and Information Management Division include developing and maintaining a national enforcement information system (NEMISIS); preparing annual and specialized reports on enforcement and compliance; and coordinating of data and information on enforcement actions concerning regional and headquarters activities.

The Training and Learning Division designs and delivers a variety of specialized courses to ensure that Environmental Protection Enforcement officers and Wildlife Protection Enforcement Officers are well equipped for the special needs of the job. Training is mainly provided to Environment Canada employees. However, employees from other organizations or countries may also participate in the courses offered by this Division.

The Regulatory Development Division ensures that new regulations are enforceable, the Division also prepares enforcement strategies.

The Inspection and Investigation Division is responsible for the preparation of the annual inspection plan and provides support to the regions in giving advice on regional inspections and investigations.

Divided among the five regional offices (Atlantic, Quebec, Ontario, Prairie and Northern, Pacific and Yukon), there are approximately twenty district offices, responsible for implementation of the national pollution and wildlife enforcement program. Roughly 200 staff operating from headquarters and regional offices carry out the full range of enforcement functions. These include managers, enforcement officers, and those involved with functions noted above.

Environmental Protection Officers

Enforcement Officers have the most frequent and regular contact with the companies, individuals and government agencies affected by environmental legislation. Enforcement officers have five main roles:
- carry out inspections to verify compliance with the law;
- review options for preventive and corrective action, including warning of potential violations;
- ensure that corrective measures be taken in an emergency, where there is danger to the environment, human life or health, caused when the unauthorized release of a regulated substance has occurred or is about to occur;
- participate in investigations to obtain evidence of violations; and
- prepare court briefs for prosecution.

Conducting an investigation implies:

the selection and application of appropriate and effective investigative techniques;
the collection of evidence, and procedures to ensure continuity in the control and custody of evidence;
taking statements and soliciting information from witnesses;
the securing and execution of search warrants;
court procedures, and preparation of court briefs for Crown prosecutors; and
appearing as witnesses in court proceedings.

Wildlife Protection Officers

To enforce wildlife legislation, the Minister of the Environment designates Wildlife Protection Officers or confers enforcement powers to a host of agencies, including: the Department of Fisheries and Oceans (DFO), Revenue Canada (Customs), and conservation officers of the provincial and territorial governments. Wildlife Protection Officers have many duties such as:

conducting information and awareness activities;
completing intelligence analysis to support inspections and investigations;
coordinating activities with partners and foreign agencies;
conducting inspections to verify compliance with the law;
reviewing options for preventive and corrective action and explaining legal requirements, by warning individuals or companies of potential violations);
conducting investigations for evidence of violations and responding to known violations, by issuing tickets, seizing specimens or laying charges.
assisting a Crown prosecutor during the preparation and conduct of legal procedures.

Existing legislation empowers enforcement officers to enter premises to inspect, search, seize and detain items related to the Acts, and demand the production of records. Officers also have the power to arrest suspected violators.

1.4 Enforcement Philosophy and Approach

The Enforcement Branch is consulted on relevant enforcement issues during the drafting or amendment of all environmental and wildlife laws and regulations. Consideration is given to the different communities (geographic, social, business) that would be affected, the time required for public education to occur, the phase-in period needed for newly regulated communities to come into conformity, and the enforcement powers needed to bring persistent offenders into compliance. As the powers of environmental and wildlife laws are tested by the courts, the Enforcement Branch may bring forward recommended changes to improve their efficacy.

Enforcement actions vary between the different laws and regulations, and are developed using the continuum of compliance promotion and enforcement shown in Figure 2. Achieving compliance requires a range of activities from promoting compliance at one end of the spectrum, to verifying compliance, through to inspections and imposing compliance through enforcement work at the other end. In many situations, promoting compliance is not enough to obtain compliance. Likewise, enforcement actions cannot solve all compliance problems. An innovative and fair enforcement system motivates voluntary systems and compliance.

Figure 2: Enforcement Continuum

Regulation Development and Promulgation

Consultation with regulated communities during regulatory development.

Compliance Promotion

Information to regulated communities.

Inspections

Set national and regional priorities and inspection plans.
Determine target sectors for increased inspections (based upon knowledge, risk, performance).
Inspect.

Investigations

Determine due diligence.
If investigation warranted, apply compliance and enforcement policies by issuing warnings, Ministerial Order, or other action.

Prosecutions

Work with the Department of Justice Canada to prepare court case.

With all federal environmental and wildlife laws, the following enforcement principles apply:

apply Canada's environmental and wildlife laws in a manner that is fair, predictable and consistent, using rules, sanctions and processes securely founded in law;
administer laws with an emphasis on prevention of damage
examine every suspected violation known to EC, and take appropriate action;
encourage the reporting of suspected violations to EC;
target offenses that have the most significant potential impact on the regulated resource;
ensure that enforcement staff is properly trained and equipped;
provide adequate human and financial resources to the enforcement program; and
publicize enforcement activities to encourage voluntary compliance and demonstrate results.

1.5 Compliance Promotion

Promoting compliance is a necessary and effective way to motivate actions of the regulated communities conform with the law. Environment Canada has found that the majority of its regulated communities (referred to as regulatees) will voluntarily comply with new and existing environmental and wildlife laws if they are properly informed and regularly reminded of their obligations. EC achieves this by:

providing educational programs;
communicating and publishing information (such as pamphlets explaining regulations);
promoting technology development and evaluation;
encouraging technology transfer and sharing;
providing technical assistance and technology development;
consulting with the public about regulation development and review;
publishing environmental guidelines and codes of practice; and
promoting environmental audits.

For instance, under the Migratory Birds Convention Act (MBCA) Environment Canada makes regular efforts to increase awareness of the law by joining to the permit a summary of the regulations, distributing posters with season dates, and bag and possession limits to user groups in each province. The Department has produced an information brochure answering many questions about the Act and has distributed these to organizations and individuals requesting such information. In addition, the Department issues news releases to keep the Canadian public informed on matters relating to migratory birds.

A National Compliance Promotion Plan sets out the promotion activities associated with Environmental Protection Regulatory Programs pursuant to the CEPA 1999 and the Fisheries Act. The Plan provides a record of the compliance activities planned, for each regulation, and carried out by promotion specialists in the five regions and Headquarters. The Compliance Promotion activities include stakeholder consultations, presentations at seminars, development and dissemination of compliance promotion letters, publications, pamphlets, videos, technical bulletins, compliance guidelines, articles in trade newsletters and magazines, newspapers, the internet, TV interviews or any other acceptable form of advertisement.

Environment Canada uses the publicity generated by media coverage of enforcement actions to inform the public, and to deter similar offences. Investigations by EC have shown that regulatees who are slow to comply with new or amended laws are more likely to change their practices when they hear of other parties being subjected to enforcement action. In summary, compliance promotion is largely targeted at the vast majority of regulatees who are willing to comply with the laws, given encouragement and the necessary information on how to be in conformity.

1.6 Inspection Planning

Enforcement and compliance monitoring activities related to pollution are coordinated through The National Inspection Plan (NIP). Updated annually, the NIP identifies the number and types of inspections to be carried out by Environment Canada officials under the CEPA 1999 regulations and the pollution prevention provisions of the Fisheries Act each year. The Plan uses a target-oriented approach to focus on national priorities and the most serious environmental risks in each region. For example, the following five regulations were considered national priorities for 1999-2000: Export and Import of Hazardous Wastes Regulations, New Substances Notification Regulations, Ozone Depleting Substances Regulations, and the National Pollutant Release Inventory.

The NIP is developed using input received from enforcement and program managers at the district, regional, and national level on matters such as geographic priorities, local operating considerations, and government-wide and departmental priorities. The priorities and direction of the NIP are set at an annual meeting of the National Chiefs of Inspection, consisting of national and regional enforcement chiefs and directors. Some of the specific considerations in setting priorities and in developing planned inspection activities include but are not limited to: environmental significance, geographic scale, compliance history and profile, nature of the regulatory provisions, operational complexity and capacity, the number and the type of targeted population.

The Plan is designed to enable Regional offices to develop detailed plans for their jurisdictions, and facilitate documentation of actual activities carried out under each regulation. After six months, the results of enforcement activities are assessed and used for “course correction”. After nine months, the results are used to help develop the subsequent year’s NIP. Thus, the NIP serves as a planning, information record, and monitoring tool for the pollution inspection activities carried out by Environment Canada each year.

1.7 Enforcement Tools

In implementing the NIP, Environment Canada and its partners use a variety of techniques and tools to monitor and enforce compliance with federal environmental laws, including:

inspection and monitoring to verify compliance.
investigation of violations.
measures to compel compliance without resorting to formal court action, such as directions by inspectors, warnings issued, and Ministerial orders.
measures to compel compliance through court actions, such as injunctions, prosecutions, court orders upon conviction, and civil suits for recovery of costs.

A selection of enforcement responses are defined below:

An Occurrence Report is a report completed when non-compliance or potential non-compliance is discovered by or reported to enforcement staff, and can originate through a self-report from a regulatee, a tip, complaint or referral, conveyed to enforcement staff from outside sources, or as a result of a field inspection / administrative verification or discovery by an officer.

An Inspection is a process that involves verification of compliance with the law when no violation is suspected. Inspections can occur at specific sites (field inspections) or they can be conducted remotely by verifying documentation (documentary verifications).

A Field Inspection is one or more on-site visits to conduct any activity required to verify compliance with one regulation / permit / manifest, for one regulatee where no infraction is suspected.

A Documentary Verification is a regulatee’s compliance verification of data reporting where no infraction is suspected. Regulatee’s mandatory reports are being used to verify compliance with respect to regulatory standards.

An Investigation is the gathering and analyzing of evidence (regardless of location) as a result of a field inspection or administrative verification, a verified occurrence report or where there are reasonable grounds to believe an offense has, is, or is about to occur, in order to verify an alleged violation or to prevent it from occurring.

Intelligence, refers to the body of knowledge gained through gathering and analyzing information that may provide patterns, trends, and clues about criminal activities the knowledge of which then can be used by inspectors, investigators and wildlife officers in performing their duties.

1.8 Policies

Specific enforcement policies have been developed for The Canadian Environmental Protection Act (1994), the Migratory Birds Convention Act, the Canada Wildlife Act, and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. Similar policies are currently being developed for the Fisheries Act.

The CEPA 1999 Enforcement and Compliance Policy establishes the principles for fair, predictable and consistent enforcement. It informs all parties who share responsibility for protecting the environment (governments, industry, organized labor and individuals) about what is expected of them and what to expect from the officials who promote compliance and enforce regulations. The Policy also explains the range of enforcement responses to violations that might be taken by Environment Canada enforcement officials, and provides guidance on the appropriate form of response to different situations. This policy is available on the internet at http://www.ec.gc.ca/enforce/policy.

In 1995, a supplemental directive was issued that sets out the process for dealing with offenders of all legislation administered by Environment Canada. The directive emphasizes that enforcement decisions are the responsibility of regional officials, must be consistent with the CEPA 1999 Policy, and provides additional direction to enforcement officers on the division of powers and responsibility within EC, and the types of response that may be taken at each level within the organization.

Similar to the CEPA 1999 Enforcement Policy, the purpose of the Wildlife Compliance and Enforcement Policy is to facilitate coordinated and consistent compliance and enforcement activities and responses by the various partners responsible for protecting wildlife in Canada and abroad. This policy is available on the internet at http://www.ec.gc.ca/enforce/wildpol/english/index.htm.

1.9 Compliance Indicators

Environment Canada measures the effectiveness of its actions by verifying compliance among the three groups of regulatees it has defined as: Chronic Offenders, the Compliant Majority, and Performance Leaders, illustrated in Figure 3.

Figure 3: Regulatee Compliance Groupings

Chronic Offenders Compliant Majority Performance Leaders

A variety of mechanisms are used to verify compliance rates within each group, including: inspections, taking of samples, auditing reports, responding to tips, and investigations. Random spot checks and auditing activities help to gauge overall levels of compliance within an entire regulated population. Targeted enforcement activities help to define the magnitude and severity of problems within the group of Chronic Offenders. However, because this group by its nature is non-cooperative, the exact size and effect of non-compliance by Chronic Offenders can be difficult to quantify.

Environment Canada is continuing to examine ways to better monitor compliance with the laws for which it is responsible, and in turn the effectiveness of its enforcement activities in ensuring that laws are complied with. Table 1 presents a sample of enforcement activities for fiscal year 1998-1999 to 2000-2001.

Table 1: Enforcement Activities

Canadian Environmental Protection Act (CEPA) - Fisheries Act (FA)
Migratory Bird Convention Act (MBCA) - Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA)

¹Preliminary statistics for MCBA and WAPPRITTA, for all these fiscal years.

Fiscal Year	ACT	In-spections	Investi-gations	Written Warnings	Written Directions	Pro-secutions	Con-victions
1998-1999	CEPA FA MBCA¹ WAPPRIITA¹	2,613 2929 133 2,490	77 49 197 885	249 32 6 66	1 9 23 180	3 3 142 11	1 2 133 7
1999-2000	CEPA FA MBCA WAPPRIITA	3,304 2,825 68 2,311	64 44 220 604	468 113 9 81	9 25 13 89	26 4 391 21	1 3 356 15
2000-2001	CEPA 1988 CEPA 1999 FA MBCA WAPPRIITA	605 2,642 3,353 275 1790	6 14 85 213 210	123 327 125 9 26	- 22 26 1 06	8 3 8 206 20	6 1 2 206 8

1.10 Training and educational materials

Enforcement of environmental and wildlife legislation requires specialized knowledge and skills, therefore, Environment Canada places a high priority on staff training. The National Training Program, managed by the Enforcement Management Division, is used to direct enforcement training across Canada. Enforcement officers and analysts are trained in duties ranging from basic inspection and investigation skills to very specialized regulation-specific enforcement activities. Example courses include the following:

Storage of PCB Material Regulations
(9mm) Firearms Conversion Course for wildlife officers
Metal Mining Liquid Effluent Regulations
Ocean Dumping Regulations
General Environmental Training for the enforcement officers
Migratory Bird Enforcement and Waterfowl Identification (Prairie and North Region)
NEMISIS (the new enforcement activity tracking system)
World Customs Organizations CITES training course

Environment Canada also prepares a variety of educational materials including a health-and-safety reference book, a safety training program, and a National Sampling Protocol for enforcement officers. Canada has also been a leader in developing training tools used in the enforcement of international agreements, such as its series of CITES identification guides on birds; crocodilians; turtles and tortoises; and sturgeons and paddlefish.

1.11 Special Initiatives: Enforcement Review Process

Pollution and wildlife enforcement are subject to growing pressures domestically and internationally. To address issues being raised, the Department initiated an enforcement review process in early 1998. Through a series of consultation and review activities the EC Enforcement Action Plan was developed that contains several key recommendations. In total, 15 individual projects have been initiated under the Action Plan. Thirteen of those projects have been completed. Negotiations on the Memorandum of Understanding with the Department of Fisheries And Oceans are not completed yet (6). Moreover, EC is currently looking at its organizational structure for its enforcement program (8).

Strengthening Leadership / Improving Decision-Making Process
- Clarifying Roles and Responsibilities in HQ and Regions
Improving Core Competencies for Enforcement Management and Staff
Clarifying Primary Roles and Linkages for Compliance Promotion and Enforcement
Improving Internal Communications
Improving Internal EC Decision-Making Process
Fisheries Act Enforcement
- Complete Fisheries Act Enforcement and Compliance Policy
- Clarify-Improve the 1985 Memorandum of Understanding between EC and DFO
Framework for the EC Enforcement and Compliance Policies and Approving EC Enforcement Vision Statement
- Framework EC Enforcement and Compliance Policies
- Approving EC Enforcement Vision Statement
Improving Organizational Structure Options
Applying for Investigative Body Status
Assessing Viability of Implementing Peace Officer Status
Assessing Current and Projected Resource Needs
Improving Regulation Development and Amendment (much of this work is ongoing)
Implementing Ticketing Authorities
Improving Intelligence Gathering, Analysis and Sharing
Implementing a Process to Track the Progress of the Action Plan

1.12 National Enforcement Management Information System and Intelligence Systems (NEMISIS)

The National Enforcement Management Information System and Intelligence System (NEMISIS) is an electronic database available to enforcement officers (inspectors, and investigators), wildlife officers and management to record and track all pertinent information related to occurrence reports, inspections and investigations.

Developed in 1997, NEMISIS has greatly enhanced the ability of EC to provide timely statistical and detailed reports on enforcement activities requested by the public, the media and interested groups. It has also enabled the Department to implement common definitions for enforcement activities across the five regions and headquarters. Now, most enforcement data is logged in a consistent and traceable manner, and is not labour intensive to obtain or verify.

As a management tool NEMISIS can be used to monitor trends, set priorities and prepare regular and special purpose reports. For instance, two mandatory reports on enforcement (or containing enforcement material) are prepared: the CEPA 1999 Annual Report as legislated by Parliament, and the Commission for Environmental Cooperation Annual Report on Enforcement as mandated by the North American Agreement on Environmental Cooperation (NAAEC) side agreement to the NAFTA. Increasingly, both these reports contain information obtained from NEMISIS, particularly statistical data.

Phased implementation of NEMISIS has occurred since 1997, and database enhancements are being planned and incorporated on an on-going basis. CITES permits are now issued through NEMISIS. In the future, selected public information will be accessible through Environment Canada’s web site.

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