The History of CEPA

The original Canadian Environmental Protection Act, commonly referred to as "CEPA” was developed in the mid-1980s in response to growing public concern about the presence of toxic substances in the environment, a concern which, at the time, had been spurred by incidents such as the chemical contamination caused by leakage from the Love Canal disposal site near Niagara Falls, New York and the "toxic blob" found in the St. Clair River near Windsor, Ontario.

In 1985 the federal government established two task forces to review CEPA’s predecessor, the Environmental Contaminants Act, and to develop a better approach for dealing with toxic substances. The task forces concluded that the existing legislation was inadequate for dealing with the multiplicity of problems associated with toxic substances and that a new, more comprehensive approach had to be developed to manage the full life cycle of toxic substances from "cradle to grave."

Acting on the task forces’ recommendations, the federal government issued preliminary draft environmental legislation in 1986. It then produced a discussion bill which, following a round of public consultation, led to the tabling of Bill C-74, the Canadian Environmental Protection Act, in June 1987. After extensive amendments were made to it in committee, Bill C-74 was passed the following year, and proclaimed in force on 30 June 1988.

CEPA was a complex piece of legislation that consolidated selected provisions and laws administered by Environment Canada. It replaced the Environmental Contaminants Act of 1975, and subsumed the Clean Air Act, the Ocean Dumping Act, the nutrient provisions of the Canada Water Act and certain provisions of the Department of the Environment Act.

While CEPA was administered by Environment Canada, both Environment Canada and Health Canada are involved in the assessment of substances to determine whether they are toxic, and in the development of regulations, objectives, guidelines and codes of practice.

The Advantages of CEPA

CEPA’s chief importance was that it provided a framework for the management and control of toxic substances at each stage of their life cycle, from development and manufacturer/importation through to transportation, distribution, use, storage and ultimate disposal as waste. CEPA also provided the federal government with authority to:

  • enter into intergovernmental environmental agreements;
  • establish environmental quality objectives, guidelines and codes of practice;
  • regulate the content of fuels;
  • regulate the nutrient concentration in cleaning agents and water conditioners;
  • control ocean dumping through a permit system;
  • regulate waste handling and disposal practices;
  • improve, by means of guidelines and regulations, its own environmental performance and standards in relation to its operations and lands, including Indian reserves; and
  • take action in cases of international air pollution.

The Review of CEPA

In 1994, the House of Commons Standing Committee on Environment and Sustainable Development was given the task of conducting the five-year review of CEPA, as required under section 139 of the Act. After extensive hearings, the Committee released its report “It’s About Our Health! Towards Pollution Prevention” in June 1995.

In its report, the Committee recommended a new approach for CEPA, which would have sustainable development as its overarching policy goal and which would be supported by the following key principles:

  • pollution prevention,
  • the ecosystem approach,
  • biodiversity,
  • the precautionary principle, and
  • user/producer responsibility.

Stressing that the emphasis in CEPA had to shift from managing pollution after it has been created to preventing its creation in the first place, the Committee made 141 recommendations for change, including:

  • introduction of a ban on all new substances that are persistent, bioaccumulative and inherently toxic, unless the proponent can demonstrate extraordinary reasons to authorize its use for specified purposes
  • the adoption of a three-track approach for assessing and managing toxic substances
  • proposed new authority for CEPA in areas such as vehicle emissions and international water pollution
  • the creation in CEPA of a federal safety net for environmental emergencies
  • the development of a national coastal management zone policy
  • a more active role for Aboriginal peoples in environmental management and protection, notably under self-government and land claim settlement agreements
  • increased authority under CEPA in order to make the federal government a model environmental citizen, and
  • adoption of a number of new enforcement tools and measures to enhance public participation.

A Renewed CEPA

The federal government responded to the Committee’s report on 14 December 1995 in a document entitled Environmental Protection Legislation Designed for the Future - A Renewed CEPA. Although it indicated support for a number of the Committee’s recommendations, the government did not endorse some of its key proposals regarding the assessment and management of toxic substances. Instead, the federal government stated that it would implement a different three-track system that would categorize and screen existing substances to identify priorities for assessment or for preventive or control action.

The proposed new CEPA, set out in Bill C-32, was developed from the federal government’s response to the Committee’s report. Bill C-32 was the second bill introduced to modify the Canadian Environmental Protection Act. The first bill, Bill C-74, was tabled in Parliament on 10 December 1996, but died on the order paper when the general federal election was called. In a news release issued on the day that Bill C-32 was tabled, the Minister of the Environment indicated that the new Act would:

  • make pollution prevention the cornerstone of national efforts to reduce toxic substances in the environment;
  • implement a fast track approach to evaluating and controlling toxic substances
  • ensure the most harmful substances are phased out, or not released into the environment in any measurable quantity;
  • improve enforcement of regulations;
  • encourage greater citizen participation;
  • improve "whistleblower" protection to encourage more Canadians to report CEPA violations; and
  • allow for more effective cooperation and partnership with other governments and Aboriginal peoples.

The Minister of the Environment noted that the new CEPA would be consistent with the Canada-Wide Accord on Environmental Harmonization signed by the federal, provincial (except Quebec) and territorial governments on 29 January 1998, and that it would be an important legislative tool for the federal government in implementing the harmonization framework in cooperation with the provinces and territories. As well, the Minister stated that the new Act would be a key tool in delivering the highest level of environmental quality for all Canadians.

The major differences between Bill C-74 and Bill C-32, the Minister indicated, were increased recognition of voluntary efforts by industry, the need for co-operative action, and the importance of improved consultation with the provinces and territories, as well as strengthened provisions on information gathering and publication.

1998, Kristen Douglas, Monique Hébert, Law and Government Division, Parliamentary Research Branch of the Library of Parliament. “BILL C-32: THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999” : revised July 1999