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ARCHIVED - CEPA 1999 Combined Annual Reports for April 2006 to March 2007 and April 2007 to March 2008
2. Administration of the Act
- 2.1 Administration (Part 1)
- 2.2 Public Participation (Part 2)
- 2.3 Information Gathering, Objectives, Guidelines and Codes of Practice (Part 3)
- 2.4 Pollution Prevention (Part 4)
- 2.5 Controlling Toxic Substances (Part 5)
- 2.6 Animate Products of Biotechnology (Part 6)
- 2.7 Controlling Pollution and Managing Waste (Part 7)
- 2.8 Environmental Emergencies (Part 8)
- 2.9 Government Operations and Federal and Aboriginal Land (Part 9)
This chapter summarizes the results achieved under CEPA 1999 during the reporting periods, and it includes the following mandatory administration-related information.
- Section 2.1.1 highlights the activities of the National Advisory Committee. There were no other committees established as provided for under paragraph 7(1)(a)ofCEPA 1999 during the reporting periods.
- Section 2.1.2 highlights the activities under the Canada'Ontario Agreement Respecting the Great Lakes Basin Ecosystem.
- Section 2.1.3 describes the activities under the Canada'Saskatchewan Administrative Agreement during the reporting periods.
- Section 2.1.4 describes the activities under the Canada'Alberta Equivalency Agreement during the reporting periods.
- Section 2.1.5 describes the activities under the Canada'Quebec Administrative Agreement during the reporting periods.
- There were no activities under the international air pollution provisions (Division 6 of Part 7) of CEPA 1999 during the reporting periods.
- There were no activities under the international water pollution provisions (Division 7 of Part 7) of CEPA 1999 during the reporting periods.
Part 1 of CEPA 1999 requires the Ministers to establish the National Advisory Committee, composed of one representative for each of the federal Ministers of Environment and Health, representatives from each province and territory, and not more than six representatives of Aboriginal governments from across Canada.
Part 1 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. Part 1 also allows for equivalency agreements, which suspend federal regulations in a province or territory that has equivalent regulatory standards.
A study to assess the effectiveness of the National Advisory Committee was conducted in 2006. The assessment included opinions of the committee's members, former members (provincial, territorial and federal) and observers. The draft study, which was validated by the committee members at a workshop held in November 2006, suggested ways to strengthen and enhance the committee that, by most accounts, has worked reasonably well over its initial years of operation.
The majority of the National Advisory Committee agendas for teleconferences and meetings held during the reporting periods focused on the Clean Air Agenda (and its related initiatives), the Chemicals Management Plan, the National Advisory Committee Assessment and the CEPA Parliamentary Review.
Since 1971, Canada and Ontario have worked together through the Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem. This agreement, renewed in 2002 and again in June 2007, guided the efforts of Canada and Ontario to improve the environmental quality of the Great Lakes Basin and contributed to meeting Canada's obligations under the Canada-U.S. Great Lakes Water Quality Agreement. The 2007 agreement concludes in 2010. It comprises 13 goals, 37 results and 183 specific commitments in four priority areas:
- designated Areas of Concern in the Great Lakes Basin;
- harmful pollutants;
- lake and basin sustainability; and
- coordination of monitoring, research and information.
The Harmful Pollutants Annex (Annex 2) of the Agreement addresses both past and ongoing sources of pollution in the Great Lakes Basin. Annex 2 takes a substance and/or sector approach to reducing and preventing releases throughout the basin, and seeks to virtually eliminate persistent bioaccumulative toxic substances. Environment Canada's efforts under Annex 2 also support the delivery of Canada's Chemicals Management Plan.
Actions taken on harmful pollutants in 2006-2007 and 2007-2008 included federal and provincial regulatory and non-regulatory initiatives to reduce the use, production and release of harmful pollutants. These actions contributed to overall reductions in the past 20 years of:
- over 98% in sources, uses and releases of alkyl-lead;
- 90% in releases of mercury;
- 89% in releases of dioxins and furans;
- 73% in releases of hexachlorobenzene; and
- 52% in releases of benzo(a)pyrene.
In addition, by March 2008, 90% of high-level polychlorinated biphenyls (PCBs) in storage had been destroyed, compared to 1993 levels, and high-level PCBs in service had been reduced by nearly 70% since 1989.
Workshops were held in 2006 and 2008 on harmful pollutants found within the Great Lakes Basin. The workshops, which were each attended by more than 100 participants, provided managers and technical and scientific personnel working on the Ontario side of the Great Lakes with opportunities to:
- share knowledge on existing research and programs, such as the federal Chemicals Management Plan;
- identify priority areas for enhanced collaboration, such as the sound management of chemicals, criteria air contaminants and municipal wastewater effluents;
- explore opportunities and develop actionable work plans for federal-provincial collaboration to implement the deliverables in the Canada'Ontario Agreement; and
- identify opportunities for the development of future agreements.
Air and precipitation monitoring activities continued in order to identify the status and trends of pollutants in the Great Lakes Basin. This work was carried out through the Integrated Atmospheric Deposition Network. Data on persistent toxic substances, such as PCBs, benzo(a)pyrene, hexachlorobenzene and DDT, are available to support policy and decision making by the federal government.
The Canada-Saskatchewan Administrative Agreement for the Canadian Environmental Protection Act has been in force since September 1994. It 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 three regulations on PCBs.
No prosecutions under these regulations were undertaken in 2006-2007 or 2007-2008.
Activities under the agreement from April 1, 2006, to March 31, 2008, include the following:
- Provincial authorities relayed to Environment Canada reports of 19 releases (9 in 2006-2007 and 10 in 2007-2008) of electrical fluids that could have contained PCBs. It was concluded that corrective actions were taken, including the immediate cleanup of the spills and proper disposal of PCBs and contaminated soils. Of the 19 releases reported, one contained PCBs at levels over the federal prescribed limit (50 parts per million), and three contained PCBs at levels over the provincial prescribed limit (5 parts per million).
- The Saskatchewan Ministry of Environment continued to promote the use of the TIP line for environmental offences. Throughout 2006-2007 and 2007-2008, the Ministry received a total of 174 TIP calls related to environmental matters, including 12 (5 in 2006-2007 and 7 in 2007-2008) involving CEPA 1999.
- The only mill subject to the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations had been closed and no longer had a continual effluent discharge. Due to rain and runoff, the mill conducted periodic discharges in both 2006-2007 and 2007-2008, which were found to be in compliance.
- Environment Canada conducted eight (seven in 2006-2007 and one in 2007-2008) field inspections under the Ozone-depleting Substances Regulations, 1998. Two investigations were opened for unlawful importation and seven written warnings were issued as a result.
- Environment Canada conducted 12 (eight in 2006-2007 and four in 2007-2008) field inspections under the Storage of PCB Material Regulations, and no violations were detected.
- Environment Canada conducted four field inspections in 2006-2007 and none in 2007-2008 under the PCB Regulations. No violations were detected.
- The Saskatchewan Ministry of Environment conducted five inspections under the provincial PCB Waste StorageRegulations.
In December 1994, the Agreement on the Equivalency of Federal and Alberta Regulations for the Control of Toxic Substances in Alberta came into effect. As a result of the Agreement, the following CEPA 1999 regulations, or parts thereof, are no longer applicable in Alberta:
- Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations (all sections);
- Pulp and Paper Mill Defoamer and Wood Chip Regulations(sections 4(1), 6(2), 6(3) (b), 7, and 9);
- Secondary Lead Smelter Release Regulations (all sections); and
- Vinyl Chloride Release Regulations, 1992 (all sections).
There are no longer any operating vinyl chloride plants or lead smelters in Alberta and therefore no compliance issues to report under the Vinyl Chloride Release Regulations or the Secondary Lead Smelter Release Regulations.
Alberta Environment indicated that there were no reported violations by the four pulp and paper mills regulated under the pulp and paper regulations between April1 2006 and March 31 2008.
The governments of Quebec and Canada have been working under an administrative agreement for the pulp and paper sector since 1994. The fourth agreement expired on March 31, 2007. In 2007-2008, while the governments were negotiating a new agreement (which was not yet signed as of March 31, 2008), they continued to work together within the spirit of the agreement.
Under the agreement, the province acts as a "single window," collecting data from pulp and paper mills under the provincial regulations and under federal regulations under the Fisheries Act and CEPA 1999, and sending this data to Environment Canada. The CEPA 1999 regulations are the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations and the Pulp and Paper Mill Defoamer and Wood Chip Regulations. Both levels of government maintain full responsibility for conducting inspections and investigations, and for taking appropriate law enforcement measures to ensure that industry complies with their respective requirements.
Part 2 of CEPA 1999 outlines public participation requirements under the Act, including the establishment of an environmental registry, whistleblower protection, and the right of an individual to request an investigation and pursue court action.
The CEPA Environmental Registry was launched on Environment Canada's website with the coming into force of sections of the Act on March 31, 2000. Since that time, ongoing efforts have been made to increase the Registry's reliability and user-friendliness. The structure of the Registry continued to evolve during the reporting period, as new documents were added and as improvements were suggested by users. During the 2006'2008 period, the content of the Registry continued to expand in order to serve Canadians better and to encompass thousands of CEPA-related documents and references. It was a primary source of environmental information for public and private sectors, both nationally and internationally, and for university and college curricula.
Figure 1 shows the number of visitors to the CEPA Environmental Registry every month during the reporting periods compared to the period April 1, 2005, to March 31, 2006.
In 2006-2007, the Registry (email@example.com) received more than 260 requests for CEPA-related information regarding importing and exporting chemicals, transporting dangerous goods, lab testing, proposed regulations, and the Domestic Substances List. There were three notices of objection (see section 332(2) of the Act) filed in 2006-2007.
In 2007-2008, the Registry received more than 220 requests for CEPA-related information. Many of these requests were for information on Batch 3 and 4 substances identified under the Chemicals Management Plan Challenge. Other requests involved pollution prevention plans, proposed regulations, guidelines, importing chemicals, biotechnology, permits and the Domestic Substances List. There were five notices of objection filed in 2007-2008.
2.2.2 Public Participation
In 2006-2007, there were 28 opportunities posted on the CEPA Environmental Registry for stakeholders and the public to consult, including (but not limited to) regulations, risk management strategies, guidelines, environmental performance agreements and additions to the List of Toxic Substances.
In 2007-2008, there were 55 opportunities posted on the CEPA Environmental Registry for stakeholders and the public to consult. This is double the number usually posted within a given year, which may account for the spike in Figure 1.
Part 3 of CEPA 1999 requires the Minister of the Environment to issue environmental quality objectives and guidelines, and release guidelines and codes of practice. Under this Part, the Minister of Health is also required to issue objectives, guidelines and codes of practice with respect to the elements of the environment that may affect the life and health of the people of Canada. Part 3 also provides for research, information gathering and the creation of inventories. See Chapter 3 of this report for results of research made under Part 3 of the Act.
Three guidelines and one code of practice were issued under the Act during the reporting periods (Table 1).
The National Pollutant Release Inventory (NPRI) is Canada's legislated, publicly accessible inventory of pollutant releases (to air, water and land), disposals and transfers for recycling. The National Pollutant Release Inventory includes information reported by industrial facilities and comprehensive emission summaries and trends for key air pollutants in Canada. The inventory is an important source of information for identifying, assessing and managing risks to the environment and human health. Public access to the National Pollutant Release Inventory motivates industry to prevent and reduce pollutant releases and improves public understanding about pollution and environmental performance in Canada.
Over 8500 facilities reported to this inventory on their releases and transfers for the 2006 and 2007 calendar years. Reporting was required for more than 350 pollutants, including toxic substances, such as mercury, lead, dioxins and furans; and air pollutants that contribute to smog and acid rain, such as sulphur dioxide, particulate matter and nitrogen oxides. The reported facility-level emissions for 2005 were published in 2006-2007 and those for 2006 in 2007-2008.
2005 National Pollutant Release Inventory data were published in October 2006, and 2006 data were published in November 2007. The data (including facility reports) are publicly available online on Environment Canada's website in various formats, including a searchable query site and downloadable datasets.
This reporting program lays the foundation for the development of a single domestic mandatory greenhouse gas (GHG) reporting system to meet the greenhouse gas reporting needs for all jurisdictions and to minimize the reporting burden for both industry and government. The program's three main objectives are to provide Canadians with timely information on these emissions, to enhance the level of detail in the National Greenhouse Gas Inventory, and to meet provincial and territorial requirements for information on these emissions. The data are collected under three acts: by Environment Canada under the authority of the Canadian Environmental Protection Act, 1999 (CEPA 1999), by Statistics Canada under the authority of the Statistics Act, and by Alberta Environment under the Climate Change and Emissions Management Act.
Reports were issued in 2006-2007 and 2007-2008.
A total of 336 facilities reported greenhouse gas emissions for the 2005 calendar year, collectively emitting a total of 280 megatonnes carbon dioxide equivalent (Mt CO2 eq) of these gases. Facilities can voluntarily report their greenhouse gas emissions if they are below the reporting threshold; 26 facilities did so for 2005. Total facility greenhouse gas emissions in 2005 represent just over one third (37%) of Canada's total of these emissions in 2004, as published in the National Inventory Report, 1990-2004: Greenhouse Gas Sources and Sinks in Canada. The data used in this report are current as of November 23, 2006.
A total of 343 facilities reported greenhouse gas emissions for the 2006 calendar year, collectively emitting a total of 273 Mt CO2 eq of these gases. Facilities can voluntarily report their greenhouse gas emissions if they are below the reporting threshold; 44 facilities did so for 2006. Total facility greenhouse gas emissions in 2006 represent just over one third (37%) of Canada's total of these emissions in 2005, as published in the National Inventory Report, 1990-2005: Greenhouse Gas Sources and Sinks in Canada. The data used in this overview report are current as of August 1, 2007.
Part 4 of the Act provides the authority for the Minister of the Environment to require the preparation and implementation of pollution prevention plans.
Two Pollution Prevention Planning notices were published under the Act during 2006-2007 and 2007-2008 (Table 2).
Part 5 of the Act includes specific requirements for the assessment and management of substances currently existing in commerce (substances on the Domestic Substances List) or being released to the environment in Canada and substances that are new to Canada.
Through the Existing Substances Program, Environment Canada and Health Canada jointly identify, prioritize and assess the risks resulting from exposure to existing substances.
In 2006-2007, through the New Substances Program, Environment Canada and Health Canada jointly launched the development of a screening assessment process for the micro-organisms listed on the Domestic Substances List (DSL). Four draft guidelines were developed to support a proposed framework for the screening assessment process: a risk assessment framework guideline, a prioritization guideline for Domestic Substances List living organisms, a guideline for the external review of the draft screening assessment reports and guidance on the mechanisms for sharing information.
The program established a Technical Expert Group (TEG) composed of independent scientific experts from academia, industry, public advocacy groups and other federal government departments to advise on both the process and the scientific basis of screening assessments.
In 2007-2008, a risk assessment process was established and the four guidelines drafted in 2006-2007 were finalized following three meetings with the TEG panel. An annual report highlighting the TEG recommendations and program response was also produced.
CEPA 1999 introduced a requirement for the Government to sort through, or "categorize," the substances on the Domestic Substances List. The Domestic Substances List contains about 23 000 "existing substances," i.e., substances that were in commercial use in the mid 1980s in Canada but had not been assessed for the risks they might pose to the environment or human health.
The categorization process identified substances that:
- were suspected to be inherently toxic to humans or to the environment, and are persistent (take a very long time to break down) and/or bioaccumulative (collect in living organisms and end up in the food chain); or
- present the greatest potential for exposure to Canadians.
Using information from industry and academic research from Canada and other countries, Environment Canada and Health Canada scientists worked with partners in applying a rigorous, systematic approach to the 23 000 chemical substances on the Domestic Substances List.
The Government completed the categorization of the 23 000 substances in September 2006, as required by the Act. A comprehensive collection of information on the categorization of the DSL(including general information, categorization guidance and approach documents, progress reports and spreadsheets of ecological categorization decisions, robust study summaries, and other related documents) is available to the public on CD-ROM. The CEPA Environmental Registry also contains a search engine that can be used to obtain categorization results for a particular substance.
As a result of the categorization process, the Government identified approximately 19 000 substances that need no further action at this time and 4000 chemical substances that need further attention, such as screening assessments, research, or measures to control the use or release of a chemical substance. These 4000 substances are being managed under the Government's Chemicals Management Plan (CMP).
In December 2006, the Government of Canada announced its Chemicals Management Plan--the Government's response to dealing with the 4000 substances of potential concern identified during the categorization process. The 4000 substances include 200 high-priority substances, 2600 medium-priority substances and 1200 substances of low concern. CEPA 1999 is a key instrument for delivering the goals of the CMP. The plan has the ambitious goal of assessing all of these substances by 2020--a 10-fold increase in the previous rate of assessments. Substances that pose a risk to the environment or human health will be subject to risk management measures.
The Chemicals Management Plan also places an increased focus on potentially toxic substances found in products.
Canada's Chemicals Management Plan includes:
- regulations and enforcement;
- the Challenge to industry and other stakeholders;
- restrictions on reintroduction and new uses of chemicals;
- rapid screening of lower-risk chemical substances;
- accelerated re-evaluation of older pesticides;
- mandatory ingredient labelling of cosmetics;
- regulations to address environmental risks posed by pharmaceuticals and personal care products;
- enhanced management of environmental contaminants in food;
- ecological and health monitoring, surveillance and research; and
- good stewardship of chemical substances.
Through its Challenge under the CMP, the Government will address the 200 highest-priority substances by 2010. These 200 substances have been divided up into a number of smaller groups or "batches" that are being addressed sequentially. Each batch of substances in the Challenge progresses through various information-gathering, screening assessment, management and regulatory stages. Every three months, a batch of 15 to 30 substances is launched, by publishing the names of these substances in the Canada Gazette, Part 1, for a six-month comment and information-gathering period. The substances in each of the first five batches are listed in Appendix C.
Table 3 shows the launch dates of these batches. Table 4 lists the Challenge workshops held during the reporting periods. Table 5 lists the results of draft screening assessments for Batch 1 substances.
A Challenge Advisory Panel of experts and a Stakeholder Advisory Council of industry and non-governmental organization representatives were established. The Panel's mandate is to provide third-party advice on the application of the precautionary principle and weight of evidence during the risk assessment of the Challenge substances. The Council serves as a forum for members to provide advice and other input to the Government on various issues related to the implementation of the CMP.
An integrated approach to collecting and managing information for decision making by linking risk assessment and risk management with research and monitoring activities was developed and implemented. The CMP Monitoring and Surveillance Program was developed to bring together nationally the monitoring of chemicals in multiple environmental media: air, water, sediment, non-human biota (fish and wildlife); as well as the development of source monitoring (wastewater treatment plant effluents and sludge; landfill leachate and biogas). This program complements the human health monitoring conducted by Health Canada. Together these programs generate science-based information essential to identifying risks and informing risk assessment and risk management, and to supporting informed decision making.
The CMPMonitoring and Surveillance Program is driven by priorities emerging from the risk assessment and risk management (RA/RM) process under the CMP. In order to optimize alignment of the CMP monitoring program with emerging priorities, a formal CMP Monitoring and Surveillance Working Group has been established. This Working Group includes representation from RA/RM and research and monitoring experts from both departments. This forum allows RA/RM to work with departmental experts in order to communicate evolving needs and to further refine priorities for monitoring. The Monitoring and Surveillance Working Group oversees the development and refinement of the national, multi-media CMP Monitoring and Surveillance Program by selecting abiotic and biotic indicators, prioritizing emerging CMP chemicals for monitoring, coordinating activities nationally, identifying required resources, and reporting on results.
Research funds under the CMP are available for generating and disseminating the science-based information necessary to identify risks and support risk assessment and risk management processes. These funds are managed collectively through a joint Health Canada/Environment Canada process in a fair, transparent and equitable manner based on priorities. The pool of CMP research funds is to be used by both departments and resides at Health Canada. An interim process was developed for allocating funds in the first year of the CMP (2007-2008). For the remaining years (2008-2009, 2009-2010, 2010-2011), a more formal proposal process has been developed and implemented.
The risk assessment decisions made under the Act that were published in the reporting periods appear in Table 6.
|Substance||Type of Assessment||Meets s.64 Criteria||Proposed Measure||Draft Publication||Final Publication|
|148 substances on the Domestic Substances List but no longer in commerce||Rapid screening||No||Significant New Activity notice and no further action||9-Dec-06|
|Perfluorooctane sulfonate and its salts||Screening||Yes||Add to Schedule 1 and virtual elimination||1-Jul-06|
|Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO, in which 4 ≤ n ≤ 10||Screening||Yes||Add to Schedule 1||1-Jul-06|
|Releases of radionuclides from nuclear facilities||PSL2||Yes||No further action*||2-Sep-06|
|2,2'-Methylenebis[6-(1,1-dimethylethyl)-4-methylphenol) ion||Screening -- pilot project||No||No further action||23-Jun-07|
|4,6-Dinitro-o-cresol||Screening -- pilot project||No||No further action||23-Jun-07|
|754 substances on the Domestic Substances List||Rapid screening||No||No further action||23-Jun-07|
|Ethylene glycol||PSL2||Yes||Add to Schedule 1||1-Dec-07|
|Non-pesticidal uses of six substances (trifluralin, atrazine, chlorothalonil, chlorophacinone, methoxychlor and pentachlorophenol)||Screening -- pilot project||No||Significant New Activity notice and no further action||23-Jun-07|
|Organotins (monomethyltins, monobutyltins, monooctyltins, dimethyltins, dibutyltins and dioctyltins)||PSL1 follow-up||No||No further action||21-Apr-07|
|Organotins (tributyltins and tetrabutyltins)||PSL1 follow-up||Yes||Add to Schedule 1||21-Apr-07|
|Organotins (fluorotriphenylstannane and tetraphenylstannane)||PSL1 follow-up||No||Significant New Activity notice and no further action||21-Apr-07|
|Used crankcase oils||PSL1 follow-up||Yes||No further action**||4-Aug-07|
Tables 7, 8 and 9 show substances added to Schedule 1 of CEPA 1999, Significant New Activity notices and proposed and final regulations made under the Act during 2006-2007 and 2007-2008.
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 has been notified with certain prescribed information, and the potential risk to the environment and human health has been assessed, or the period for assessing the information has expired.
In 2006-2007, 436 New Substance Notifications were received pursuant to the New Substances Notification Regulations (Chemicals and Polymers). In 2007-2008, 437 notifications were received.
Between April 2007 and March 2008, one new nanomaterial notification was received.
New Substance Notifications received for substances that could be used as a nanomaterial for any potential future uses or activities may be subject to a Significant New Activity notice. To date, 14 such Significant New Activity notices have been published.
Of the total 437 notifications received in the 2007-2008 fiscal year, Environment Canada issued 8 Ministerial Conditions, no prohibitions, and 22 Significant New Activity notices.
The notification for a new nanomaterial was subject to a Significant New Activity notice. Tables 10, 11 and 12 list new substances proposed for addition to Schedule 1 of CEPA 1999, Significant New Activity notices and the Ministerial Conditions made under the Act during 2006-2007 and 2007-2008.
The Act 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 2006-2007, 14 notifications were received pursuant to the New Substances Notification Regulations (Organisms) for new animate products of biotechnology. Of the 14 notifications received, the Minister of the Environment issued one Significant New Activity notice on yeast on March 17, 2007.
In 2007-2008, 10 notifications were received pursuant to the New Substances Notification Regulations (Organisms) for new animate products of biotechnology. No ministerial actions were taken with respect to these notifications.
In June 2007, as part of the New Substances Program's ongoing commitment to regulatory review and amendment of the New Substances Notification Regulations (Organisms), a consultative process was initiated with establishment of a first multi-stakeholder workshop on proposed regulatory amendments to provisions dealing with organisms other than micro-organisms (i.e. "higher" organisms covered by Schedule 5 of the Regulations). Over 60 representatives from academia, industry, other federal and provincial government departments, non-government agencies and public advocacy groups participated in the workshop.
In December 2007, a second multi-stakeholder workshop to further enhance stakeholder input and to better inform the on-going regulatory review and amendment initiative was held. Over 50 participants attended this second workshop.
Part 7 of CEPA 1999 provides the Minister with authorities to deal with substances that have the potential to harm the environment or human health.
Two regulations were proposed, amendments to four existing regulations were proposed, and two existing regulations were amended under Part 7 during the reporting periods (Table 13).
Table 14 lists two notices of intent published during the reporting period, which indicate the action the Government intends to take to further reduce air pollution
The disposal of waste at sea within Canadian jurisdiction and by Canadian ships in international waters requires a permit issued by the Minister. A permit for disposal at sea will be approved only if it is the environmentally preferable option. Incineration at sea is banned except under emergency situations. CEPA 1999 provides additional controls on disposal at sea, including:
- 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;
- a list of six substances that can be disposed of at sea (Schedule 5 to the Act);
- an assessment framework for reviewing permit applications based on the precautionary principle, which must be followed (Schedule 6 to the Act); and
- a statutory obligation for the Minister of the Environment to monitor selected sites.
There were 1870 disposal at sea permits issued and almost 8.1 million tonnes of material permitted to be disposed of during the reporting periods (Table 15), in four regions (Table 16). The number of permits issued has remained relatively stable since 1995. The quantities permitted were lower in 2006-2007 than in 2007-2008, mostly due to a lower need for dredging by several large regulatees. Permits for the disposal of geological matter, mostly excavated till, have increased in these two years due to an increase in construction work in the lower mainland of British Columbia.
|Material||Quantity permitted||Permits issued|
|Dredged material*||1 627 120||37|
|Geological matter*||1 627 600||9|
|Fisheries waste||66 330||42|
|Total||3 361 240||89|
|Dredged material*||3 329 560||42|
|Geological matter*||1 345 500||9|
|Fisheries waste||60 380||45|
|Total||4 736 758||98|
* Dredged material and geological matter were converted to tonnes using an assumed density of 1.3 tonnes per cubic metre.
|Material||Atlantic||Quebec||Pacific and Yukon||Prairie and Northern|
|Quan-tity permit-ted||Permits issued||Quan-tity permit-ted||Permits issued||Quan-tity permit-ted||Permits issued||Quan-tity permit-ted||Permits issued|
|Dredged material*||985 400||9||80 600||10||601 120||18||-||-|
|Geological matter*||-||-||-||-||1 627 600||9||-||-|
|Fish waste||64 930||39||1400||3||-||-||-||-|
|Total||1 050,520||49||82 000||13||2 228 720||27||0||0|
|Dredged material*||1 235,910||11||145 600||12||1 948 050||19||-||-|
|Geological matter*||-||-||-||-||1 345 500||9||-||-|
|Fish waste||59 330||42||1050||3||-||-||-||-|
|Total||1 295 240||53||146 650||15||3 294 668||29||200||1|
*Dredged material and geological matter were converted to tonnes using an assumed density of 1.3 tonnes per cubic metre.
In 2006-2007 and 2007-2008, field monitoring was conducted at a total of 30 ocean disposal sites. Of note:
- An intensive study was conducted on the stability of the Sand Heads disposal site at the mouth of the Fraser River in Vancouver. This site receives a large amount of sand annually from dredging activities in the Fraser River. Conclusions of the study are that the site can remain open, but the timing and rate of disposal activities must be carefully managed to avoid slope failure at the site.
- Bathymetric surveys were conducted at the Charlottetown Harbour disposal site as part of an investigation of site stability and the possible effects of disposal activities on nearby fish habitat and other uses of the sea. Preliminary analysis indicated that the site is stable, suggesting that long-term off-site effects may be minimal.
- Ongoing work continued in sediment transport and contaminant levels at disposal sites in the Magdalen Islands, Quebec.
- A study was undertaken at a disposal site off Banks Island in the Northwest Territories that receives muskox waste from a muskox processing operation.
2.7.3 Control of Movement of Hazardous Waste and Hazardous Recyclable Material and of Prescribed Non-hazardous Waste for Final Disposal
CEPA 1999 provides the authority to enact regulations governing the export and import of hazardous waste, including hazardous recyclable materials. The Act also enables authorities to make regulations on the export and import of prescribed non-hazardous waste for final disposal. The Act requires exporters of hazardous wastes destined for final disposal to submit export reduction plans; and sets out criteria that the Minister may consider in refusing to issue an export, import, or transit permit if the waste or recyclable material will not be managed in a manner that will protect the environment and human health. The Act also directs the Minister to publish notification requiring information on exports, imports and transits of hazardous waste and hazardous recyclable material are also included in CEPA 1999.
The Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations came into force in November 2005. These Regulations set out new notification requirements which are intended to assist in reducing the paper burden for Canadian companies that are subject to regulatory control for the export out of, import into, transit through Canada and Canada-to-Canada transit movements of hazardous waste and hazardous recyclable material. Under the new notification requirements, a single permit application notice may now cover multiple hazardous waste or hazardous recyclable material lines beyond the former limit of three lines per notice. However, in the case of an export or import, the notice must not include both hazardous waste and hazardous recyclable material. For the 2006 calendar year,3 the number of notices submitted and processed fell from 6793 notices in 2005 to 4719 notices. Overall, the number of hazardous waste and hazardous recyclable material lines notified increased in 2006 to 20 511 individual lines compared to the 2005 value of 18 489 notice line items.
For the calendar year running from January 2006 to December 2006, the quantity of hazardous waste and hazardous recyclable material imported into Canada was 408 839 tonnes. This represented a decrease of approximately 14% over the total quantity of 2005 imports, which were 476 416 tonnes. Most of the reduction in the quantities imported into Canada was due to the decline in the import of hazardous wastes destined for disposal operations. During this period, just over 45 800 actual individual shipments of hazardous waste and hazardous recyclable material were reported through the movement documents received.
In the case of exports of hazardous waste and hazardous recyclable material out of Canada, the overall quantities increased in 2006 compared to 2005 figures. In 2005 the total quantities of hazardous waste and hazardous recyclable material exports combined amounted to 327 746 tonnes, which increased to 474 538 tonnes in 2006. Most of this amount is due to a marked increase in the quantity of exported hazardous recyclable materials, which increased from 226 380 tonnes in 2005 to 374 024 tonnes for 2006.
During the 2007 calendar year,4 nearly 4300 notices were processed for proposed imports, exports and transits of hazardous wastes and hazardous recyclable materials, representing more than 17 900 individual waste streams. The waste streams exhibited a range of hazards, including compressed gases, flammability, acute toxicity, corrosivity, dangerous reactivity and environmental hazards. Sources of the hazardous waste included leftovers from various industrial activities such as oil refining, chemicals manufacture and metal processing. During the same period, more than 45 300 individual shipments of hazardous waste and hazardous recyclable material were tracked through manifests and movement documents.
In 2007, the total imported quantity of hazardous wastes and hazardous recyclable materials was 470 136 tonnes, an increase of 61 297 tonnes--or 15%--from 2006. The quantity of materials destined for final disposal increased minimally compared to 2006. The quantity of hazardous recyclable materials destined for recovery operations was 220 377 tonnes in 2007, an increase of about 34% from 2006.
Based on the annual statistics for international transboundary movements in 2007, nearly 99% of Canadian imports came from the United States, with the remainder coming from Europe as hazardous recyclable materials destined for metal recovery operations. Shipments destined for recycling, which reduce reliance on primary resources and benefit Canadian industry, represented nearly 47% of all imports. Used or spent batteries, metal-bearing waste and manufacturing residues made up the majority of imports of hazardous recyclable material into Canada. Other hazardous waste imports included used or spent liquors from metallurgical processes, and residues from oil refining destined for disposal operations.
Imports of hazardous recyclable materials destined for recycling operations were shipped to five provinces, with Quebec and Ontario continuing to receive the vast majority of all imports and British Columbia receiving smaller quantities. The situation is similar for imports of hazardous waste for final disposal, with most destined for Quebec and Ontario and relatively small quantities imported into British Columbia and Alberta.
Canadian exports were 452 396 tonnes in 2007, a decrease of almost 5% from 2006. The quantity of exports shipped for both recycling and final disposal decreased in 2007, with the percentage of exports for recycling dropping slightly--from 79% in 2006 to 78% in 2007. The decrease in exports in 2007 was due to significant decreases in metallurgical processes and mechanical and electrical engineering processes.
In 2007, exports of hazardous recyclable materials originated from eight provinces, with Ontario and Quebec accounting for 77% of all shipments out of Canada. The bulk of these shipments were managed by facilities in the northeastern and central United States. Hazardous wastes or hazardous recyclable materials were not exported in 2007 from Newfoundland, Prince Edward Island or the territories.
3, 4 Export and import quantities set out in Section 2.7.3 of this report represent actual movement values that took place during the 2006 calendar year (from January 1 to December 31, 2006) and the 2007 calendar year (from January 1 to December 31, 2007). These values are consistent with Canada's international reports, which are all based on the calendar year.
|Recyclables||237 069||193 318||189 110||200 097||174 983||164 903||220 377|
|Total imports||499 758||423 067||417 368||416 136||476 416||408 839||470 136|
No actions were taken under the international air pollution provisions in 2006-2007 and 2007-2008.
No actions were taken under the international water pollution provisions in 2006-2007 and 2007-2008.
Part 8 of CEPA 1999 allows for the emergency prevention, preparedness, response and recovery of uncontrolled, unplanned or accidental releases of a substance that poses potential harm to the environment or to human health. Part 8 provides the authority for environmental emergency plans, regulations, guidelines and codes of practice.
Proposed amendments to the Environmental Emergency Regulations were published on June 9, 2007.
The purpose of the proposed amendments was to add to Schedule 1 of the Regulations 33 hazardous substances whose release would pose an unacceptable level of risk, and which consequently require environmental emergency planning. The proposed amendments were also intended to clarify certain provisions of the Regulations.
Part 9 of the Act provides the authority to issue regulations, 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.
Proposed regulations, Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, were published on April 7, 2007.
The purpose of the proposed Regulations was to reduce the risk of contaminating soil and groundwater due to spills and leaks of petroleum products and allied petroleum products from storage tank systems, and to help reduce a number of CEPA toxic substances from entering the environment.
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